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Last updated: July 2022
Terms and Conditions
Welcome to the TilePix website and mobile apps. By using our site or apps or purchasing products from us, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, please do not use our site or apps. Here are the highlights in plain English:
TilePix Terms of Service
Please read these Terms carefully. By using our site or apps or purchasing products from us, you agree to be bound by to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not use the App or Services.
1. Use of the Services
Use of the Services and access to the App is void where prohibited. By using the Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are 18 years of age or older or have your parent’s or guardian’s permission to enter into these Terms, and (c) have the ability to form a binding contract; (d) your use of the App or Services does not violate any applicable law or regulation or any obligation you may have to a third party; (e) your use of the App and Services shall be in compliance with all applicable laws and regulations; (f) you are solely responsible for obtaining the consent of the parent or guardian (“Parental Consent”) before transferring us any information, including images of any children.
You may use the App and the Services in accordance with and subject to these Terms. TilePix may change, update, or discontinue certain parts of the App or the Services. These changes would not apply to any outstanding orders and we’ll make an effort to notify you of any fundamental changes, including by way of notice in the App.
In order to use the App, you will be required to provide certain information as may be requested by TilePix.
You may have the option to link the App with certain third-party services, as may be listed in the App from time to time, such as your Facebook or Instagram account (“Linked Account”). By doing so, you represent and warrant that you have the authority to provide TilePix with access to account information related to such Linked Account, and to provide TilePix with access to photos or pictures saved in such Linked Account.
You are fully and solely responsible for the security of your computer system and/or mobile phone and/or other device and all of your activity on the App. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the App.
Subject to applicable law, TilePix may, for any reason, at its sole discretion and without notice, discontinue or refuse to provide you with the App or Services. Grounds for such refusal may include but are not limited to (i) violation of the letter or spirit of these Terms, (ii) fraudulent, harassing or abusive behavior, (iii) behavior that is illegal or harmful to other users, third parties, or the business interests of TilePix, breach of your representations and warranties herein or breach of any of the terms of these Terms, or (v) use of your chargeback rights with your credit card company or denial or dispute of any preapproval obtained by TilePix from your credit card company.
If we believe, at our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the App. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or (User) Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the App and/or the Services.
Any suspension, termination, or cancellation of Services shall not affect your obligations to TilePix under these Terms (including but not limited to ownership, indemnification, limitation of liability and payment obligation), nor will it affect any other terms herein, which by their sense and context are intended to survive such suspension, termination, or cancellation.
2. Your Content and Our Content
Certain types of content may be made available through the App or the Services. “Content” as used in these Terms means, collectively, all content on or made available on the App or through the Services, including any images, photos, pictures, and any modifications or derivatives of the foregoing. This Content belongs to TilePix or the third parties it is licensed from. Some Content can be used by you at no cost for Products you purchase (“Confetti”). Confetti cannot be downloaded or modified (with the exception of cropping and/or positioning in the products you buy) or be used outside of the Products.
The App may allow you to upload certain content including but not limited to Images and photos. All content uploaded by you is referred to as “User Content.” You are and shall remain at all times fully and solely responsible for any User Content you upload to the App. YOU REPRESENT AND WARRANT THAT ANY SUCH USER CONTENT COMPLIES WITH ALL APPLICABLE LAW, THAT YOU HAVE ALL NECESSARY RIGHTS AND AUTHORITIES TO SUBMIT ANY SUCH USER CONTENT THROUGH THE APP AND SERVICES, AND THAT NO SUCH USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, PRIVACY OR PUBLICITY RIGHTS, OR MORAL RIGHTS. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE OBTAINED ALL RIGHTS AS REQUIRED UNDER APPLICABLE LAW, TO PROVIDE TILEPIX WITH SENSITIVE DATA FOR THE PURPOSE OF PROCESSING SUCH SENSITIVE DATA IN ACCORDANCE WITH THESE TERMS AND OUR PRIVACY NOTICE AND THAT YOU HAVE OBTAINED CONSENT, IN ACCORDANCE WITH APPLICABLE LAW, FROM ANY DATA SUBJECT OR PARENT OR GUARDIAN OF DATA SUBJECT, AS APPLICABLE, WHOSE DATA, INCLUDING SENSITIVE DATA, IS SUBMITTED THROUGH THE APP AND SERVICES. TilePix has no obligation to accept any request to print or maintain any User Content. Moreover, TilePix reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. WE DO NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT DUE TO TILEPIX’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
TilePix may retain the User Content, including Images (including in your account as your order history) as long as your account is valid and has not been terminated by you or by us, for any reason. You may ask us to delete any User Content, including Images, by sending us an email, specifying your request, as detailed in our Privacy Notice. Any Images uploaded by you to the Services and not elected by you to be printed on Products will be automatically deleted after thirty (30) days from the day you have uploaded the Image(s).
3. Content Restrictions
Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: (a) restricts or inhibits use of the App and/or Services; (b) violates the legal rights of others; (c) infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party; (d) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, unauthorized, or violent, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (e) does not comply with all applicable laws, rules and regulations; (f) imposes an unreasonably or disproportionately large load on our infrastructure; or (g) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity past or present principally dedicated to such causes or items associated with such an entity), (2) material that is racially or ethnically insensitive, or that is defamatory, harassing or threatening, (3) pornography or obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children or may be harmful to a minor, (4) any virus, worm, Trojan horse, or other harmful or disruptive component, or (5) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
4. Use Restrictions
You may not do or attempt to do or facilitate a third party in doing any of the following: (1) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the App without our prior written authorization, including framing or mirroring any part of the App or attempt to reverse-engineer any of the technology used within the Products; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or the App or features that prevent or restrict use or copying of any content; (3) use the App, Content, or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the App; or (5) use the App, Content, or Services in any manner not permitted by these Terms.
5. Intellectual Property
TilePix, its affiliates or its licensors, as the case may be, owns the App and the Services, including all worldwide intellectual property rights in the App, and the patents, trademarks, service marks, and logos contained therein registered and unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use the App, or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the App or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any patent, trademark, service mark, logo, or trade name of TilePix or any third party.
You own the Images you upload to the App and/or Services and all intellectual property rights related thereto. TilePix will use the Images only for the purposes of providing the Services. For the purpose of receiving the Services, and as part thereof the Product(s), you are giving TilePix the right to use the Images, per the below:
By submitting or uploading any User Content and/or Images, you grant TilePix and its successors a worldwide, limited, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, and print such User Content and/or Images on the Product(s).
The policy of TilePix is not to infringe upon or violate the intellectual property rights or other rights of any third party, and TilePix will refuse to use and remove any User Content in connection with the App that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), TilePix will remove any Content (including without limitation any User Content) if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of TilePix is to terminate the accounts of repeat infringers in appropriate circumstances.
You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
If you believe that something appearing on the App infringes your copyright, you may send us a notice requesting that it be removed. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting firstname.lastname@example.org.
7. Fees & Payment
In connection with your purchase of a Product(s) through the Services, if you select “Same Day Pickup” you will be asked to select a local participating retailer (“Store”) where you want to pick up your Product(s). You agree to pay the Store the TilePix the Fee (including sales tax if necessary) as set forth in the App during the purchase process for any confirmed transactions made in connection with your account in accordance with these Terms by one of the methods accepted at the Store.
Except as expressly provided below, fees are non-refundable.
8. Cancellations, Refunds & Returns
We want you to be happy with your Product(s). If we made a mistake in preparing your Product(s) or if they arrived damaged, we will be more than happy to provide a refund. If you made a mistake in ordering or just changed your mind, then, subject to applicable law, your order would not be eligible for a refund.
The App provides easy-to-use tools for face detection, image resolution detection, image cropping and image positioning within the Products you buy. You accept responsibility for using (or not using) these features. Images with cropped faces, people or other elements important to you, or images printed with low resolution, are not eligible for a refund.
Product(s) with the Stick&Slide™ removable magnetic mounting system are designed for smooth, flat painted surfaces in rooms within normal temperature and humidity ranges.
Our magnetic wall pads are specifically designed for our TilePix products ONLY.
The magnetic mounting system may not work on textured walls, wall paper, delicate surfaces, in damp rooms, and other locations that could be challenging to removable adhesives (“Difficult Surfaces”). If you are using Product(s) on Difficult Surfaces, your order would not be eligible for a refund but we may have some workarounds.
To get you your Product(s) as fast as possible, orders are processed immediately upon submission. If you need to cancel an order, please contact us immediately. Orders we are not able to cancel prior to production will not be eligible for a refund.
If you would like to request a refund or cancel an order, or need help with a Difficult Surface, please contact us through the chat feature of the App or by emailing us at email@example.com. If the reason you would like a refund is that the Product(s) you received were not printed correctly or there is some other damage, it would be helpful if you would include a picture of the Product(s) along with your request.
9. Third Party Applications and Services
Portions of the App and/or Services may involve linking to or using web sites belonging to third parties. The App may also provide you with links to access the sites of third-party vendors including, without limitation, for the purpose of reviewing or using their services. We have no control over third-party sites and/or mobile applications, and all use of third-party sites and/or mobile applications and services is at your own risk. Additionally, TilePix cannot accept responsibility for any payments processed or submitted through such third-party sites and/or mobile applications, or for the privacy policies of any such sites. TilePix is not responsible for content or services available by means of such sites and/or mobile applications. TilePix does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.
10. User Comments
We welcome your comments about our Site, Apps, Services and Products. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to us shall be and remain the exclusive property of TilePix.
Your submission of any such Comments shall constitute an assignment to TilePix of all worldwide rights, titles and interest in all copyrights, patents and other intellectual property rights in the Comments. TilePix will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
11. Disclaimer and Disclaimer of Warranty
Your use of the App, Services and Products(s) is at your sole discretion and risk. The App, content thereof (including User Content), Services and Product(s) are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. While we make reasonable efforts to print the Images on the Product(s) as similar to the Image provided by you through the App as possible, we do not make any warranties or representations in respect thereof. We do not represent or warrant that Product(s) will be useful for your needs.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO: (A) THE APP, CONTENT (INCLUDING USER CONTENT), SERVICES AND PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APP AND SERVICES; OR (II) THAT THE APP AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APP AND SERVICES; (B) ATTACHING, STICKING AND/OR RE-STICKING THE PRODUCTS. THE FOREGOING EXCLUSION OF WARRANTIES SHALL NOT EXTEND TO ANY GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF TILEPIX.
We take no responsibility for the use of the Product(s) by you or any other third party, nor do we take any responsibility for the transport of the Product(s) and/or the state in which the Product(s) will arrive at the address provided by you during the registration process and/or any damage that may occur if you choose to attach, stick and/or re-stick the Product(s) on any surface and/or any other (physical) damage of any kind caused due to the Product(s), the attachment or detachment thereof by you or anyone else on or from any surface. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
From time to time there may be information on the Site or in the App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. TilePix reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
12. Limitation of Liability
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services, quality, attachment or detachment of the Product(s) and the quality of the printed Image on the Product(s). We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the App or Services or combination thereof, including any injury or damage to you or to any person’s cellular phone or computer related to or resulting from participation or downloading materials and/or uploading of the Image(s) in connection with the App or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the App or Services, from any Content posted on or through the App or Services, or from the conduct of any users of the App or Services, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, SERVICES AND/OR PRODUCT(S), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE PRODUCT(S) PROVIDED AS PART OF OR THROUGH THE APP OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU UNDER ANY CAUSE(S) OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM OR SERIES OF CLAIMS. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT EXTEND TO ANY GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF TILEPIX.
You agree to indemnify, defend, and hold harmless TilePix and each of its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device or password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of the App or the Services, including any Image uploaded to the App or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
If you are from the US and you are contracting with Tracer Imaging LLC, as detailed above, these Terms shall be governed solely by the laws of the State of New York, and the competent courts in the State of New York shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and TilePix or enables you to act on behalf of TilePix. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.
All Rights Reserved
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