Terms of Service

1. Legal Framework

1.1 Scope: –

In case of conflict between these Terms of Service and any other statement on PIXHOTO’S website, these Terms of Service shall govern and supersede. This Agreement once accepted shall binding on both the parties, their employees, agents and their successors and assigns. The terms of this Agreement are not assignable in nature to the extent that it applies to you {hereinafter referred to as ‘the customer’ or ‘the client’}. This Agreement is for the sole benefit and protection of PIXHOTO which is a proprietorship of MAMMOTH MEDIA LABS LTD. PIXHOTO may amend the terms and conditions contained in this Agreement in its sole discretion and without any further notice to the customer. In case of any dispute arising out of or relating to the provisions of this Agreement, the local laws of the province of British Columbia shall apply. The courts or the legal forums located in the province of British Columbia shall be the courts of the competent jurisdiction for the initiation of any legal proceedings against PIXHOTO, its employees, its directors, its assigns or its owners. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any failure to enforce the rights of PIXHOTO & MAMMOTH MEDIA LABS LTD. shall not imply a waiver to the terms of this Agreement by PIXHOTO & MAMMOTH MEDIA LABS LTD. If any part of this Agreement is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force.

The services provided by PIXHOTO are on an “as is” basis. Neither PIXHOTO nor its licensors or subcontractors make any warranties, express, implied or statutory, regarding the services provided hereunder. All implied warranties as to satisfactory quality, performance, merchantability, fitness for particular purpose or noninfringement are expressly disclaimed.

1.2 Arbitration Clause: –

In case any dispute arising out of or relating to the provisions of this Agreement occurs between the parties, the said dispute shall at the first instance be referred to Arbitration. The seat of Arbitration shall be located at the Province of British Columbia, Canada or any other mutually agreeable arbitration service or location. It shall be in the sole discretion of PIXHOTO & MAMMOTH MEDIA LABS LTD. to waive the Arbitration clause and directly approach the court of competent jurisdiction for the redressal of its remedies if any against the customer.

1.3 Force Majeure: –

PIXHOTO & MAMMOTH MEDIA LABS LTD. shall not be liable for any alleged loss or damages resulting from failure to perform its assigned task due to acts of God, natural disasters, strike, shortages of labor, acts of civil or military authority, governmental priorities, fire, floods, epidemics, quarantine, energy crises, war, riots or interruption of PIXHOTO & MAMMOTH MEDIA LABS LTD. production for reasons beyond PIXHOTO & MAMMOTH MEDIA LABS LTD. reasonable control.

1.4 Term: –

The Terms of this Agreement shall be effective from the moment, the customer signs up on the website/portal of Pixhoto. Pixhoto in its sole discretion may terminate this Agreement with the customer and may return the entire or a part of the payment received from the customer. The terms of this Agreement due to their very nature, shall survive the expiration of this Agreement.

1.5 Marketing: –

Unless otherwise agreed between the parties, the use of Pixhoto’s services grants Pixhoto permission to use your name or logo in any Pixhoto’s marketing material to identify the customer as a Pixhoto’s customer.

1.6 Liability: –

Pixhoto, its licensors or subcontractors shall not be liable to the customer for any special, incidental, consequential, indirect, punitive or exemplary damages of any kind, including but not limited to any loss of profits, revenue, savings, business, data or goodwill, however used, whether for breach or repudiation of contract, tort, breach of warranty, negligence, or otherwise on any theory of liability, whether or not Pixhoto or a licensor or subcontractor of Pixhoto was advised of the possibility of such loss or damages. Notwithstanding any other provisions of this agreement, Pixhoto and its licensors and subcontractors’ total liability to you arising from or in relation to this agreement or Pixhoto or its subcontractors’ performance of the services shall be limited to the total payments to Pixhoto for the services performed on the relevant image. In no event will Pixhoto or its licensors or subcontractors be liable for the cost of procurement of substitute goods or services.

Once uploaded on PIXHOTO’S website, it is assumed that the customer is the rightful owner of the image/raw file and holds the adequate intellectual property rights to deal with such image or file. The customer shall be solely responsible for the images they submit. The customer agrees to indemnify and hold harmless PIXHOTO, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims related to copyright or trademark infringement that may be initiated against PIXHOTO by any third parties who are found to be the lawful and rightful owners of the said intellectual property. Pixhoto’s acceptance of an image for processing shall not be construed as a determination of the customer’s rights to use the image. By submitting an image to Pixhoto, the customer represents and warrants that the customer have the legal authority to enter into this Agreement. Any images that the customer submits shall not contain any materials (such as malicious software code or viruses) that may harm Pixhoto’s or its subcontractors’ property. The customer hereby grants Pixhoto a non-exclusive, worldwide, transferable, royalty-free, sub-license which is perpetual and irrevocable in nature under all intellectual property rights throughout the world (including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to reproduce, modify, edit, make derivate works from, distribute (through multiple tiers), publicly perform and display and otherwise use the image as reasonably necessary for PIXHOTO and its subcontractors to perform the services that the customer has requested hereunder. The customer agrees to indemnify and hold harmless PIXHOTO, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims, liabilities or expenses (including without limitation attorneys’ fees) that arise directly or indirectly from the customer’s breach of this Agreement.

2. How we operate

2.1 Processing of images and raw files: –

PIXHOTO shall only accept images or raw files that meets the requirements of PIXHOTO’s guidelines for resolution and file format. Pixhoto reserves the right in its sole discretion to reject any image or file that PIXHOTO may deem unfit or inappropriate for any reason whatsoever.

The returned image will be deemed to be accepted by the customer upon receipt, unless within seven (7) working days after the delivery of the processed image, the customer contacts Pixhoto through their account page on Pixhoto’s website and details an error by Pixhoto with respect to the image or its requests. Pixhoto will work with the customer to correct any errors as determined by Pixhoto’s sole discretion to be genuine in nature. PIXHOTO will try its level best to rectify the error, including but not limited to re-performing its services to correct such an error if it is so required. Once corrected, the customer will review the corrected image and accept or reject the same in accordance with this Section. PIXHOTO shall accept up to two rounds of changes requested by the customer provided the changes requested are genuine or a mistake/error on the part of PIXHOTO.PIXHOTO shall stive to deliver the reedited image in 12 Hours of receiving and accepting the feedback request. PIXHOTO shall in its sole discretion deny any unreasonable requests of the customer to re-edit the images, which in its opinion is with a mala fide intent to exploit the services rendered by PIXHOTO. It is strongly advised that the customer ought to keep appropriate backup of the processed images with them to prevent any loss thereof. PIXHOTO usually deletes from its system all processed images approximately thirty (30) days after their acceptance and delivery to the customer. PIXHOTO is not responsible for the quality of processed images if the image the customer originally submitted do not meet PIXHOTO’S then-current guidelines or criteria.

PIXHOTO returns the processed images to its customers via a public web address (e.g., URL or a weblink). PIXHOTO tries its level best to ensure that the processed image is made available only to the customer directly. However, there are inherent security limitations in a public web address which cannot be prevented by PIXHOTO and for which PIXHOTO shall not be liable. PIXHOTO shall not be responsible from breach of data if the URL or the weblink is shared by the customer or its associates or its assigns. PIXHOTO may permit retrieval of the processed image through an FTP server, API or other mechanism that is deemed safe, secure and has no potential for a data breach.

2.2 Delivery timelines: –

PIXHOTO offers different service pricing based on different requested delivery dates. PIXHOTO will use commercially reasonable and industry standard efforts to deliver the customer’s image within the time frame requested by the customer. Based on the service delivery schedule selected by the customer, PIXHOTO will endeavour to ensure that an order will meet its requested delivery date.

2.3 Pricing: –

The price of the service ordered shall be set forth in PIXHOTO’s price list then in effect when PIXHOTO accepts the customer’s order. PIXHOTO reserves the right to change its price list without prior notice. All payments shall be made in Canadian Dollars. If the customer is not located in Canada, the applicable exchange rate on the relevant time when the payment is made shall be applicable for making the payment. PIXHOTO will process the payment upon submission of the customer’s order. The order shall be deemed to be finally accepted by PIXHOTO only upon verification of payment in PIXHOTO’s account. PIXHOTO may consider extending a line of credit to large volume, repeat customers on a case-by-case basis, in which circumstance PIXHOTO will invoice such customers on a monthly basis. You are responsible for paying any applicable taxes, duties or tariffs relating to your order, except taxes on PIXHOTO’s income. Notwithstanding the payment terms, all other terms of this Agreement apply to any free trial. Free trials are limited to product images only (e.g., no pet, logo or landscape images), which include both off and on model and machine-like or automated submissions (e.g., multiple free trial requests from the same IP address) will not be accepted. The customer shall use the free trial only for the purpose of assessing the quality of work offered by PIXHOTO.