Pixami
Terms and Conditions
These Terms and Conditions
apply to all Pixami online software including Pixami Yearbook Pro, YB
Essentials, Directory Pro, and Storefront. Pixami's software is offered to
users via our customers, including publishers and portrait photographers. These
Pixami customers must obey the Terms and Conditions herein.
For more information,
please contact your Pixami website provider, or e-mail info@pixami.com.
This
Site Uses Face Matching Technology
Q:
What is Face Matching Technology?
A: Face Matching is an
innovative technology that allows the software to recognize students in candid
yearbook photos, after first analyzing their portrait and name data that were
provided.
Q: Why
and How is it Being Used?
This technology identifies
and automatically names (or tags) students in candid photos in the yearbook.
Until now this has been done manually, taking a lot of time, with the potential
for errors and omissions. Using Face Matching technology
the software tags all candid photos, with more accuracy. This
saves time, and allows for a more accurate, fair, and personal portrayal of all
students.
Q:
What Do You Do With the Data? What is Being Collected?
How Long Do You Keep It?
We use the face-matching
data only to identify students, only in the candid photos submitted for the
yearbook, and only during the yearbook design process. Once the yearbook is
completed all data is permanently deleted. It is never shared or transmitted externally
for any reason, or used for any other purpose other
than stated above.
Q: Is
it Safe and Secure? Is Privacy Respected?
Yes! Privacy of students
is a top priority in the design of our system. It focuses only on facial
features, and face data is encrypted, never stored with name data. This
technology is running along with the yearbook software, in a proprietary,
state-of-the-art environment at Amazon (AWS), using industry best practices for
privacy and security, and strict measures to prevent any misuse.
OVERVIEW
OF TERMS AND CONDITIONS
We offer this "Website",
including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here.
By visiting a Pixami
website or purchasing something from us, you engage in our "Service" and agree
to be bound by the following terms and conditions ("Terms and Conditions",
"Terms"), including those additional terms and conditions and policies referenced
herein and/or available by hyperlink.
Please read these Terms
and Conditions carefully before accessing or using our website. By accessing or
using any part of the site, you agree to be bound by these Terms and
Conditions. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services.
Any new features or tools
which are added to the current website shall also be subject to the Terms and
Conditions at any time on this page. We reserve the right to update, change or
replace any part of these Terms by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.
Website
Terms
By agreeing to these Terms
and Conditions, you represent that you are at least the age of majority in your
state or province of residence, or that you are the age of majority in your
state or province of residence and you have given us
your consent to allow any of your minor dependents to use this site.
You may not use our
products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).
General Conditions
We reserve the right to
refuse service to anyone for any reason at any time.
You understand that your
content (not including credit card information), may be transferred unencrypted
and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit
card information is always encrypted during transfer over networks.
You agree not to
reproduce, duplicate, reverse engineer, copy, sell, resell
or exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is provided,
without express written permission by us.
The headings used in this
agreement are included for convenience only and will not limit or otherwise
affect these Terms.
PRIVACY
AND PERSONAL INFORMATION
We're strongly committed
to safeguarding our website users' privacy. We operate under the following set
of strict privacy principles:
- The only information we obtain
about website users is information we need to perform requested services,
process transactions, or notify you of services and promotions.
- User information is never
revealed, resold, or made public for any reason whatsoever.
- We do not knowingly collect any
personal information from children under 13.
- The website contains features
that allow students to use the website only at the request of an adult
administrator, with approval and supervision, and without providing
personal information.
- We share customer information
with third party intermediaries (for example, credit card authorization
companies and merchandise distributors) who help us run the site.
Your customer information is provided to these third parties solely
for the purpose of providing you the services you
request and third parties will not retain or use
your customer information for any purpose other than those services.
- All Pixami websites are hosted in
secure facilities at AWS and we have taken
industry-standard physical, electronic and procedural steps to protect and
secure your personal information.
Modifications
to the Service and Prices
Prices for our products
are subject to change without notice.
We reserve the right at
any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to
you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
STOREFRONT
PRODUCTS OR SERVICES
Certain products or
services may be available for sale online through the website. These products
or services may have limited quantities and are subject to return or exchange
only according to our Return Policy, which is described below.
We have made every effort
to display as accurately as possible the colors and images of our products that
appear on the website. We cannot guarantee that your computer monitor's display
of any color will be accurate.
We reserve the right, but
are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may
exercise this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited.
Accuracy
of Billing and Account Information
We reserve the right to
refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer account, the
same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or
cancel an order, we may attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide
current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Return Policy below.
Shipping
Yearbooks will be
delivered in the manner and on the date specified by your yearbook provider.
Please contact your yearbook provider with any questions.
Personalized photo
products will be delivered according to your chosen shipping method,
and will be shipped within 3-5 business days after you place your order.
Return
Policy
We do not proofread or
make any other design changes, and will not provide a
refund or replacement for any errors in spelling, content, or other aspects of
your custom design. Please be sure to thoroughly review your product before
submitting your order.
Should you order products
from us, the return of those products will be subject to the following:
- All damage and shortage claims
should be made within 3 days of delivery. If damaged upon arrival you have the right to refuse the order. Call to
report damages and obtain a return authorization number.
- A copy of the packing slip or the
customer receipt must accompany all returns.
- A refund will be issued to the
original credit card within 1 -2 billing cycles. Credit can be given in
the form of a credit upon request. Please
call to request a credit code.
There will be no returns
or refunds for yearbooks, yearbook ads, or yearbook-related orders. Please
contact your yearbook provider with any questions.
Errors,
Inaccuracies and Omissions
Occasionally there may be
information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies
or omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation
to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required
by law. No specified update or refresh date applied in the Service or on any
related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
Prohibited
Uses
In addition to other
prohibitions as set forth in the Terms and Conditions, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (d)
to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website for violating
any of the prohibited uses.
By your use of this site you will agree not to upload any unacceptable images,
or otherwise create products and content that are unacceptable. Unacceptable
images and content include copyrighted images, logos, or other graphics (that
you do not own the rights to), images or other content that contain nudity,
pornography, vulgarity, depict illegal acts, or could otherwise be considered
threatening, hateful, abusive, obscene or
distasteful.
While we are not
obligated, we may review accounts and orders for content, and we reserve the
right to delete any content, and cancel any orders, at our discretion, that we
believe to violate this policy.
DISCLAIMER
OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the
results that may be obtained from the use of the service will be accurate or
reliable.
You agree that from time
to time we may remove the service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly agree that
your use of, or inability to use, the service is at your sole risk. The service
and all products and services delivered to you through the service are (except
as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
If you order any products
from us, the above limitations on liability are fully applicable. If we
provide defective product, your remedies are limited
to (1) repair of the defective product; (2) replacement of the defective
product; or (3) refund of money paid for the product.
In no case shall we, our
directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted
by law.
INDEMNIFICATION
You agree to indemnify,
defend and hold harmless us and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third-party due to or arising
out of your breach of these Terms and Conditions, or your violation of any law
or the rights of a third-party.
TERMINATION
The obligations and
liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms and Conditions
are effective unless and until terminated by either you or us. You may
terminate these Terms and Conditions at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If in our sole judgment
you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms and Conditions, we also may terminate this agreement
at any time without notice and you will remain liable for all amounts due up to
and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
ENTIRE
AGREEMENT
The failure of us to
exercise or enforce any right or provision of these Terms and Conditions shall
not constitute a waiver of such right or provision.
These Terms and Conditions
and any policies or operating rules posted by us on this site or in respect to
The Service constitutes the entire agreement and understanding between you and
us and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms and
Conditions).
Any ambiguities in the
interpretation of these Terms and Conditions shall not be construed against the
drafting party.
GOVERNING
LAW
These Terms and Conditions
and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
California.
CHANGES
TO TERMS AND CONDITIONS
You can review the most
current version of the Terms and Conditions at any time at
this page.
We reserve the right, at
our sole discretion, to update, change or replace any part of these Terms and
Conditions by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms and Conditions constitutes acceptance of those changes.
Updated December 1, 2023
Pixami, Inc.
