Terms of Service
This website and related services are provided subject to your agreement with this User Agreement (“Agreement”), which may be modified or supplemented at any time by Pixieset and Images by Sandra. By using or accessing this website or by placing orders through this website, you agree to be bound by this Agreement as it exists at the time of your use, and that by posting of modifications of this Agreement on this website you have received sufficient notice regarding such modifications. If you do not agree with this Agreement, please promptly exit the website. As used in this Agreement, "you" and "your" will refer to anyone accessing or visiting the website, and "Photographer" refers to the individual or company who has a subscription with Pixieset to upload and/or sell photographs or related products through this website. In the event of any conflict between this Agreement and any statement, understanding or agreement between you and Photographer, this Agreement controls.
Pixieset is an online subscription service that provides photographers a hosted platform and related tools for organizing, exhibiting and selling photographs (the “Platform”).
NOTICE REGARDING TRANSFER OF DATA: ORDER PROCESSING AND FULFILLMENT SERVICES, AND CERTAIN PLATFORM FEATURES UTILIZED BY PHOTOGRAPHERS ON THIS WEBSITE, REQUIRE THAT PERSONAL DATA BE PROCESSED BY PIXIESET IN THE UNITED STATES OF AMERICA, WHERE THE NECESSARY COMPUTING SYSTEMS ARE LOCATED. THOSE SERVICES AND FEATURES WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, PIXIESET AND THIRD PARTY SERVICE PROVIDERS IN THE UNITED STATES OF AMERICA FOR THOSE PURPOSES.
Orders
You agree that you shall be responsible for reviewing, approving, and taking all other necessary steps to place Photographer Orders and Direct Orders, and that neither Photographers nor Pixieset will have any liability to you for errors you make when placing orders. You are responsible for paying the Photographer for any Photographer Orders and for any applicable taxes. By placing an order you authorize Pixieset and/or its payment processors to charge your credit card the purchase price for the order, plus applicable taxes. To the extent permissible by law, risk of loss for all items purchased by you through the website passes to you upon Pixieset's or the Photographer's delivery to a shipping carrier.
As a purchaser of products through this website, you acknowledge that such products are purchased for personal use only and are custom made to your order and have no market beyond your purchase thereof. Except as provided in the applicable End User License with the Photographer, or for any Stock Images licensed under the Stock Image License at the end of this Agreement (the “Stock Image License”), you may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit those physical products, or any portion thereof, for commercial use, in any manner, without the prior written consent of the Photographer. You acknowledge that products (including digital products) purchased through the website are purchased subject to the terms set forth by the Photographer.
Opting Out of Certain Communications
Pixieset and Images by Sandra may notify you of the receipt and/or status of orders and send you other transaction-related correspondence, and you will not be able to opt out of receiving those communications. For other communications, if you are no longer interested in receiving them, please e-mail your request to sferkel@gmail.com or utilize the unsubscribe features within those emails. If you contact us via email, please include your complete name, e-mail address and mailing address. Note that you may still receive transaction-related communications from Pixieset.
Intellectual Property Rights in Purchased Products
Products purchased through this website are purchased subject to the terms set forth by Photographer and the acquisition of a copy of a product does not itself convey any rights under copyright or other laws to exploit the work. Products purchased by you through this website may not be reproduced, scanned, displayed, transmitted, distributed, modified, altered or otherwise exploited in any manner without the prior written consent of Photographer or as otherwise provided in an End User License or the Stock Image License. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW AND UNDERSTAND THE TERMS OF ANY SUCH LICENSES AND AGREEMENTS.
Copyrighted Materials
Photographers and/or their clients retain their full rights to any content they upload to this website, including, but not limited to, images, videos, biographies and business information. All other content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this website, is the property of Pixieset or its licensors or suppliers, and no portion of such other content may be reprinted, republished, modified, or distributed in any form without the express written permission of Pixieset
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIXIESET AND IMAGES BY SANDRA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL PIXIESET AND IMAGES BY SANDRA TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).