Terms and Conditions

Welcome! We hope you enjoy your visit, and find that using our service is productive, easy and fun.

 

Before you begin setting up your account with Graphx (herein referred to as “we,” “us,” or “Graphx”), please read the following Terms of Use (“Terms”) carefully. If you (“you”) agree to these Terms, and wish to use the Graphx service (“Service”), please click on the “Submit” button. This will constitute a binding agreement between you and Graphx. To decline acceptance, click the “Back” button. Note that any violation of these Terms may result in termination of our Service to you.

 

Graphx reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.

 

  1. Your submissions
    Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:
    • Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Graphx recommends you use an “adult-content” warning label when pictures are being shared that include legal adult content;
    • Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;
    • Any material sent from an anonymous or false address.

     

    While Graphx is not responsible for the content of the submissions, Graphx reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. Graphx may request confirmation of the copyright or trademark ownership from the submitter. Graphx reserves the right to suspend the shipping of an order before such confirmation is received. If Graphx does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Graphx reserves the right to share certain account information with governmental organizations or other third parties. If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Graphx reserves the right to suspend the display, viewing or sharing of any submissions until the issue has been resolved. You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by Graphx for the purposes of delivering the offered services. In addition, you warrant that all moral rights in any uploaded materials have been waived.

     

    Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient.

     

    Graphx will not be liable for the content of any submission.

     

     

    Copyright notice
    Graphx is committed to protecting photographers’ copyrights. Each image submitter is required by US law to own the right to or to obtain permission to use any image before the image is uploaded or printed at Graphx. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.

     

    Customer Service
    ATTN: Copyright Protection
    Graphx, Inc.
    400 West Cummings Park
    Woburn, MA 01801

    Fax: 781.932.0855
    Email: copyright@Graphx.com

  2. Age requirements
    You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

  3. About your account
    3a. Access to your account
    Your account with Graphx is available for your personal, non-commercial use. You can allow other people to view selected images in your account through Graphx’s on-line share feature. The people you invite to view your images through on-line share will be able to see the images you have selected for them and will not have access to your entire account.

     

    Linking directly to images on Graphx’s servers from external sites is expressly prohibited.

     

    We need to be able to access your account for the following reasons:

     

    • We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
    • To maintain our Service to you and develop new and useful features and services;
    • To follow a court order, subpoena, complaint or a lawful request from governmental authorities.
    • Graphx reserves the right to close accounts set up for fraudulent purposes.

     

    3b. Account fee
    There is no fee to open a Graphx account.

     

  4. Canceling the service; discontinuing inactive accounts
    Graphx reserves the right to cancel the Service or to discontinue accounts that have been inactive for more than 180 days. We may do so at our discretion after sending an email warning to the address you used when you set up your account. If you do not respond to the email within 10 days, your account and the images contained in it may be removed.

  5. Third-party software
    We may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company’s terms and conditions, and the agreement will be between you and the respective company.

     

    This means that we do not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. We do not offer any warranty on any third-party software you download using Our Service.

     

  6. Third-party links
    We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns.

  7. Copyrighted material and software
    All of the information, content, software and materials we offer are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

  8. Privacy policy
    When you create an account with Graphx, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.

  9. U.S. Government Restricted Rights
    All materials, information, software and other products supplied by or through the Service are provided with “RESTRICTED RIGHTS.” use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

  10. Indemnification
    You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

  11. Claims
    Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of California, and hereby consent to jurisdiction and venue in the courts of the Northern District of California located in San Francisco, California.

  12. Export
    You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.

  13. Disclaimer of warranties
    THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH Graphx’S SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

     

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRAPHX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GRAPHX MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRAPHX MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH GRAPHX’S SITE OR ADVERTISED THROUGH GRAPHX’S SITE.

     

  14. Limitation of liability
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL GRAPHX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GRAPHX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE GRAPHX’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  15. Customer Policy for Idea Submission
    Many of our customers are interested in submitting ideas for products and services to be used at Graphx, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our service; however, please note our policy on external idea submission:
    • Unsolicited ideas submitted to Graphx, Inc. or any of its employees automatically become the property of Graphx, Inc.
    • By submitting unsolicited ideas to Graphx, Inc. you automatically forfeit your right to the intellectual property of these ideas.

     

    If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to Graphx, Inc. or its employees.

     

    Instead:

     

    Send a message to ideasubmission@Graphx.com and describe ONLY the general application.

     

    If we think there is opportunity to pursue your idea further, we will contact you. Please note that a proper legal agreement may need to be executed in order to evaluate your concept(s).

     

  16. Miscellaneous
    We may assign our rights and responsibilities hereunder without notice to you.

     

    All items purchased through Graphx are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

     

    When you place an order, Graphx will not bill you until we ship the items ordered. Graphx reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.

     

    If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

     

    These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.