Whatapix.com

Terms & Conditions

Welcome to WhatAPix Inc, your source for photoproducts:

memories brought to life!

 

However, before you use any of the WhataPix Inc. services, you must carefully review the Terms & Conditions set out below (the “Agreement”). By using our services, you (the Customer) agree to be legally bound by this Agreement.  In addition, specific functions or services provided by WhataPix may set out additional terms and conditions, all of which are incorporated by reference into this Agreement.

By using the website and services offered by WhataPix Inc. and through its websites WhataPix.com, WhataPix.net, ShopWhataPix.com, or any of its affiliates (collectively known as WhataPix), you agree to be bound by this Agreement.  By entering our site and / or using the Creator Software, you indicate that you accept these Terms & Conditions and that you agree to be bound by this Agreement. You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity you purport to represent.   If you do not wish to be bound by these Terms & Conditions and by our Privacy Policy, YOU MAY NOT ACCESS OUR WEBSITE AND/OR USE OUR SERVICES.

WhatAPix reserves the right to change, modify and update this Agreement at any time, but you can always find the most recent version at WhatAPix.com. In the case of inconsistencies between this Agreement and any information included in off-line materials (for example, promotional materials and brochures), this Agreement will always control. It is your responsibility to periodically check this page to make sure you are up to date.

Acceptance of these Terms & Conditions creates a binding contract between you and WhatAPix that you will use our site and services only in a manner consistent with this Agreement. If you have questions about these Terms & Conditions, please contact our Customer Service Department at customerservice@whatapix.com.

Your use of the WhatAPix site and the services it provides (together, the “Service”) is entirely conditioned on and subject to your compliance with this Agreement. If you do not agree with these Terms & Conditions, DO NOT ACCESS OUR SITES.

 

Terms of Use

Our services are available to you as long as you are over 18 years of age and submit your contact information to WhatAPix, including name, correct email address, and shipping address.  The information you give us must be true and correct.

To order any photoproducts and/or other services provided by WhatAPix, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to enter a valid credit card number (we accept most major credit cards) and associated payment information at the time you order any photoproducts hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before WhatAPix invoices the credit card for all amounts due and payable. By providing WhatAPix with your credit card number and associated payment information, you agree that WhatAPix is authorized to immediately invoice your account for all fees and charges due and payable to WhatAPix as a result of your purchase of photoproducts. You agree to immediately notify WhatAPix of any change in your billing address or the credit card used for payment hereunder. WhatAPix reserves the right, at any time, to change its prices and billing methods for any products or services sold without previous notice.

 

Third-Party Software

We may make software from third-party companies available to you free of charge. By downloading such software, you agree to the respective software licenses and/or warranties as well as to this Agreement. Each software product is subject to the conditions and terms of the individual company and the agreement is and will be between you and the respective company.

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

 

Quality

WhatAPix is totally committed to your satisfaction with the quality in craftsmanship of the photoproduct you create.  However, you are responsible for reviewing your final file and approve the electronic proof, whether through our free Designer Software or otherwise, for any errors in design, text, background, border, and/or any other layout effect.  All Content, whether private or public, is the sole responsibility of the person who submits it to WhatAPix.

WhatAPix does not proof, edit or change any of the Content in the photoproducts that you submit for print services. As a result, WhatAPix has no obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the photoproduct. YOUR BOOK CONTENT CANNOT BE EDITED ONCE IT IS UPLOADED TO THE WEBSITE. Therefore, you agree that you will not upload a file unless it has been fully proofed and you are satisfied that it is ready to be printed.

 

File Size/Color Management

WhatAPix cannot be responsible for any file submitted that is too small, for any photos that have a resolution less than desirable, and/or for any files that are not properly color corrected and therefore the print quality of the physical photo product results in a piece that is not appealing to the Customer.  Our free Designer Software will alert the user (you) of most files that are too small to print well but it will not alert you to any color management issues that may exist with your file(s). Therefore, you agree that you will not upload a file unless it has been fully proofed and you are satisfied that it is ready to be printed.

 

Tests & Proofs

For Customers ordering more than one photobook, calendar or greeting card or ordering a product where layout and color management are extremely important, we highly recommend that the Customer orders one physical proof to serve as a printed test. A test may be ordered at full price (quantity: one) to approve all elements of the product. Any necessary changes to the product must be made by the Customer and resubmitted or must be ordered for WhatAPix to fulfill and be paid for by the Customer. If a test print is not ordered, or if a test is ordered and no changes are made, or if problems occur due to a color management or calibration issue, WhatAPix is not responsible for any quality issues as listed above.

 

File & Information Storage

WhatAPix will not store or be responsible for backing up any files you upload for production through our Book Designer Software.  You should always keep your original Content in your personal system.  WhatAPix is not a data repository system and cannot be liable for loss of information.  Furthermore, WhatAPix does not keep your credit card information, which is processed by Authorize.net, and it will not sell or distribute your information to any other companies.
WhatAPix Logo Presence

The WhatAPix logo will appear on most products created through the WhatAPix Designer Software and produced by WhatAPix.   The WhatAPix logo will automatically appear on the last page of the product within our Designer Software and is visible to the Customer designing the product within our Designer Software.

 

Fees & Charges.

WhatAPix reserves the right to modify pricing and change fees at any time without previous notice.  The price you pay is the one published at time of ordering (file submission & check out process) through our secure shopping cart.

You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes) at the rates in effect when the charges were incurred. WhatAPix may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. We currently ship only within the continental US and no orders are sent to overseas delivery.

You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: WhatAPix Inc, 15031 Woodham Drive, Suite 370, Houston, Texas 77073. If WhatAPix does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by WhatAPix or its agents.

 

Shipping

WhatAPix takes great pride in its services: fantastic customer support while you create the book with our state-of the-art Designer Software, excellent quality of our manufacturing process, and superb care in packaging your photoproducts for shipping per the Customer’s instructions during the check out process.  Title and risk of loss to each shipment of the Books and other products shall pass to you when WhatAPix makes such shipment available to a carrier.  Should any product(s) be damaged in shipping, WhatAPix is not responsible for reprinting the order, for monetary return or for any other method of reimbursement to the Customer. Orders are by default insured in the amount of $100, payable by the courier you selected. Additional insurance may be purchased and must be specified by the Customer and paid in full prior to shipping. If insurance must be collected for a product damaged in shipping, it is the Customer’s responsibility to collect directly from the courier.

 

General Terms

WhatAPix is not responsible for any incorrect or inaccurate content within the product.  The Customer(s) creating the photoproduct bears full responsibility for the content and accuracy of the final product including but not limited to the Customer(s) using the WhatAPix Designer Software. This Agreement states that you, the Customer, and the organization you may represent hold WhatAPix and each of their directors, partners and employees, harmless from and against any loss, liability, claim or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or resulting from your use of WhatAPix services including but not limited to the WhatAPix Designer Software in violation of this Agreement or your violation of any law or the rights of a third party.

WhatAPix reserves the right not to print any material that may be considered offensive or inappropriate. You may not use WhatAPix photoproduct services for any materials that WhatAPix believes to be abusive, deceptive, offensive, or otherwise inappropriate; you may not use WhatAPix photoproduct services for any material that compromises copyrighted work without the express permission of the owner; you may not use WhatAPix photoproduct services for any materials that violate or encroach on the rights of others, advocates illegality, harms anyone, or provides links to any of the above.  You may not upload materials that contain viruses, worms, corrupt files or any content that may compromise our Site, Services, and/or Infrastructure.  WhatAPix reserves the right to examine from time to time files and delete, move, and edit Content for any reason, at any time, with or without notice.

Your receipt of an electronic order confirmation does not signify WhatAPix acceptance of your order, nor does it constitute confirmation of our offer to sell. WhatAPix reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by WhatAPix upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.

 

Third Party Software

As a convenience to you, the Customer, we make available to you free of charge third-party software that you may download for use of our services.  WhatAPix makes no representations or warranties concerning, and it is not responsible in any manner for, any performance, effectiveness or other aspect of such software.

 

Copyright & Content

Content includes text, files, images, photos, clip art and any other material you include in a photoproduct.  WHATAPIX HAS NO OWNERSHIP IN ANY OF YOUR BOOK CONTENT.

You certify that WhatAPix has been authorized by the Customer to manufacture the photoproduct. As a condition of service, you represent and warrant to WhatAPix that you either own your Content or have written permission from the copyright owner to make use of such Content.  You may not use any Content owned by someone else without the written consent of the owner.  You are solely responsible for any copyright violations that you may incur as a result of your use of our services.

If the Customer is not the copyright owner, this certifies that the Customer has the licensing rights for this material and authorizes WhatAPix to manufacture the photoproduct. In the event any person, entity or agency contests, disputes or challenges WhatAPix regarding the replication/duplication of any content of the product, the Customer agrees to indemnify WhatAPix and hold harmless from all legal expenses that may be incurred by WhatAPix, as well as all damages infringement of any patent, copyright, trademark, trade dress or trade secrets. WhatAPix agrees this Certification and Indemnification shall continue for a period of ten (10) years from the date this Copyright Certification and/or Licensing Rights and Indemnification was agreed to. In consideration of WhatAPix undertaking to perform services for the Customer, the Customer agrees to be bound by the terms of this Copyright Certification and Licensing Rights and Indemnification.

WhatAPix does not guarantee the accuracy, quality, or appropriateness of the Content available through our Services.  If you believe that your work or the work of another individual or organization has been copied in a way that constitutes copyright infringement, please contact WhatAPix immediately at customerservice@whatapix.com or in writing at 15031 Woodham Dr, Suite 370, Houston, TX 77073.

 

Prohibited Content

Any Content posted by you in your photoproducts may not contain nudity, violence, sexually explicit, offensive subject matter, and or any Prohibited Content. You may not post or submit for print services a photograph of another person without that person’s permission.
Prohibited Content” includes content that:

(i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) bullies, harasses, or advocates stalking, or harassment, of another person;
(iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”;
(iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files;
(vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13;
(vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code;
(viii) solicits personally identifying information for commercial or unlawful purposes from others;
(ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software;
(x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising;
(xi) involves commercial activities that are detrimental to the interests of WhatAPix and WhatAPix affiliates; or
(xii) otherwise violates this Agreement or creates liability for WhatAPix and its affiliates.
WhatAPix reserves the right to refuse to print any photoproduct that contains Content that it determines in it sole discretion is Prohibited Content, and you agree to indemnify and hold WhatAPix and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.

 

Content Review & Report to the Authorities

WhatAPix has the right (but not the obligation) to review any Content, to refuse to print, and to delete any Content that in the sole judgment of WhatAPix violates this Agreement; is prohibited content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for WhatAPix, its suppliers, service providers, partner companies, or any User. WhatAPix reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, refusing your order, reporting you to law enforcement authorities, and taking legal action against you.

 

Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WHATAPIX, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “WHATAPIX AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS & CONDITIONS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE.
You hereby release WhatAPix and WhatAPix Affiliates from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from our services.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

Limited Warranty

We take 100% responsibility for the overall craftsmanship of the manufacturing of your order. If you are not fully satisfied with the quality of your photoproduct, please return the original product to us and then WhatAPix will reprint your file at no additional cost. Keep in mind that WhatAPix cannot fix your Content (for example, typos, image retakes, photo resolution problems, layout of photos, selection of backgrounds or frames, etc).  However, our goal is to do everything in our power to make you a satisfied, long-term customer!
In any case, if there is an error of any kind in the fulfillment of your order, please contact us. To help us improve our quality, we ask you to contact our Customer Service department at customerservice@whatapix.com and return your order within 7 days of receipt to 15031 Woodham Drive, Suite 370, Houston TX 77073. We will do everything we can to solve the problem.

IN NO EVENT WILL WHATAPIX OR WHATAPIX AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WHATAPIX AND WHATAPIX AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHATAPIX MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. WHATAPIX MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, WHATAPIX AND WHATAPIX AFFILIATES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

YOUR USE OF WHATAPIX SERVICES REPRESENTS YOUR CONSENT TO THE JURISDICTION AND VENUE BY HARRIS COUNTY, TEXAS, AND THE STATE AND FEDERAL COURTS OF TEXAS, EXCLUSIVE FORUM AND VENUE TO RESOLVE ANY AND ALL DISPUTES ARISING OUT OF OR OTHERWISE RELATING TO THESE TERMS & CONDITIONS.

These Terms & Conditions constitute the entire agreement between you and WhatAPix governing your use of the site and service. In the case of inconsistencies between these Terms & Conditions and any information included in off-line materials, this Agreement will always control. You may also be subject to additional terms and conditions that may apply when you use WhatAPix Affiliate services, third-party Content, or third-party software.

The failure of WhatAPix to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms & Conditions will be filed within one year after such claim or cause of action arose, or be forever barred.

These Terms & Conditions constitute the entire Agreement between you and WhatAPix with respect to its services and supersede all other communications, written or oral, with regard to its services.