Terms and Conditions

PHIXER™, LLC

User Agreement

The following User Agreement Terms and Conditions (the “Terms“) form a binding agreement between you and PHIXER™, LLC (“PHIXER“) and govern your use of the PHIXER™ website (the “Site“) and any information, products and services presently offered or accessed through the Site or which may be offered in the future (the “Services“). Terms Applicable To All Users By accessing and using the Site or the Services, including Services found in any password-protected area of the Site, and/or by clicking on the box marked “I Accept“, you acknowledge that you have read, understood, and agree to be bound by the Terms herein and any changes to the Terms that PHIXER™ may publish from time to time. If You Do Not Agree To All Of The Terms, You May Not Use This Site Or The Services Offered Therein. PHIXER™ may make changes to the Site, the Services, or the Terms at any time and without notice to you. You can review the most current version of the Terms on the Site. Please note that the Site may contain references or cross references to PHIXER™ Services that are not available in every state or country. If you breach any of the Terms herein, your authorization to use the Site and the Services is rescinded, you must immediately cease all use of the same and this Agreement may be terminated.

Permitted Use General Users

Unless you are a Member, the Services present on the non-password protected areas of the Site are for your personal use only. You may not download, copy, reproduce, modify, transfer, distribute, transmit, display, perform, publish, license, create derivative works from, sell, or offer for sale any Services obtained from the Site, or use these Services for any commercial purpose. In addition, you may not use any data mining, robots, or similar data gathering methods in connection with the Site. You may not enter the password-protected areas of the Site without a current username and password issued by PHIXER™.

PHIXER™ Privacy Statement is available on the Site. All terms and notices present therein are incorporated in this Agreement by reference, and by accessing the Site and/or using the Service, you acknowledge that you have read the Privacy Statement and agree to and are on notice of the terms and statements therein. Members.

A “Member“ has paid for access to features and Services available through the password-protected area of the Site (Member Area). Subscriptions are available to Real Estate Photographers only. By accessing or applying for access to the Subscription Areas of the Site, you represent and warrant that you are a Real Estate Photographer in good standing and eligible under these Terms to become a Member.

Registration Data.

In registering as a Member, you agree to provide and maintain the accuracy of all requested registration information. In addition, you agree to maintain the confidentiality of all Username and Password information and to notify PHIXER™ immediately upon learning of unauthorized use of the Site or Services. Memberships are Personal to the Member. Memberships are personal to the individual Member, not to the Member's business or firm. Members may use the Services as part of their service to their clients only and may not make the Services available to other persons or entities, including other Photographers or Photography business firms whether or not working in the same firm. All Memberships Are Non-Transferable. Usernames and Passwords.

Access to and use of password-protected or Membership Areas of the Site is restricted to authorized users only. You may not share your User Name, Password, account information, or access to the Site. If you are issued a Username and Password, you agree to keep such information safe and confidential, not to allow anyone else to use your Username and Password even temporarily, and to be fully responsible for all activities that occur under your Username and Password. You further agree to notify PHIXER™ immediately of any unauthorized use of your Username or Password. PHIXER reserves the right to revoke or suspend any User Name and Password, without refund, if it has reason to believe that a violation of these Terms has occurred.

Fees and Payment.

Members may access and use the Membership Areas and Services only upon receipt of payment for the Services by PHIXER™. To continue your access to and use of any Membership Areas of this Site, you must make all payments by the date they are due and comply with these Terms, the terms of any Subscription Agreement required by PHIXER™, and all other notices contained on this Site. Pricing is subject to change without notice, and this Site may not reflect the current pricing. Members Representations and Warranties.

Should you not have appropriate authorization for PHIXER™ to perform the requested Services, you may be still be required to make payment for the Services in addition to any other remedy set forth in these Terms including without limitation the right to indemnification and defense. As a Member, you represent and warrant that you will accept all images, video footage, and/or content delivered by PHIXER™ “as is“. If you require additional editing or modification of the property images, video footage, and/or content, PHIXER™ reserves the right to include additional editing fees at its current posted rates.

Intellectual Property Rights

Services performed pursuant to this Agreement, content contained in this Site, and material produced pursuant to the Services, as well as their/its arrangement, trade dress, and associated trademarks, are the property of PHIXER™ and protected or may be protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights (“Intellectual Property Rights“). Therefore, any unauthorized use of any Services, images, content, trade dress, and trademarks may violate these and other laws. The trademarks of PHIXER™ include, but are not limited to: PHIXER™. Nothing contained on this Site should be construed as granting any license or right to use any trademark displayed on this Site without the express written permission of PHIXER™.

NO REVERSE ENGINEERING

“Member“ shall not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, analyze or remove components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the Phixer Systems or Software or permit or encourage any third-party to do so.

Disclaimers

PHIXER™ Provides This Site And The Services Contained Therein “As Is&ldq Without Warranties Of Any Kind Including Warranties Of Merchantability, Fitness For A Particular Purpose, Or Non-Infringement Of Intellectual Property.

Accuracy and Availability of Information or Data.

The Services or content provided to you by PHIXER™ through this Site is dependent on a number of sources and factors beyond the control of PHIXER™. Websites are subject to occasional downtime for any number of reasons. Therefore, PHIXER™ does not warrant that the Site will be available 100 percent of the time. PHIXER™ disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (a) any errors in or omissions from this Site or the Services; (b) any third-party websites or content therein directly or indirectly accessed through hot links in this Site; (c) any inaccurate or incomplete fee schedules; (d) any other inaccurate or incomplete data or information provided to you by PHIXER™ regardless of form; (e) the unavailability of the Site, Services, or any portion thereof for any reason; (f) or your use of any equipment or software in connection with the Site.

Limitation Of Liability For Use Of The Site

In No Event Will PHIXER™ Or Its Principals, Partners, Officers, Managers, Members, Employees, Affiliates, Agents, Or Contractors Be Liable To Any Party For Any Direct, Indirect, Incidental, Special, Exemplary Or, Consequential Damages Of Any Type Whatsoever (Including, Without Limitation, Any Lost Profits, Business Interruption, Equipment Damage, Property Damage, Or Lost Data) Related To Or Arising From This Site Or Any Use Of This Site, Inability To Use This Site, Or Any Site Or Resource Linked To Or Referenced In This Site, Whether Such Claim Is Based On Warranty, Contract, Tort, Or Any Other Legal Theory. This Limitation Applies Whether Or Not PHIXER™. Has Been Advised Of The Possibility Of Such Damages Or Could Reasonably Have Foreseen Such Damages.

In No Event Will PHIXER™ Or Its Principals, Partners, Officers, Managers, Members, Employees, Affiliates, Agents, Or Contractors Be Liable To Any Party For Any Direct, Indirect, Incidental, Special, Exemplary Or, Consequential Damages Of Any Type Whatsoever (Including, Without Limitation, Any Lost Profits, Business Interruption, Equipment Damage, Property Damage, Or Lost Data) Related To Or Arising From The Services, Whether Such Claim Is Based On Warranty, Contract, Tort, Or Any Other Legal Theory. This Limitation Applies Whether Or Not PHIXER™. Has Been Advised Of The Possibility Of Such Damages Or Could Reasonably Have Foreseen Such Damages.

Indemnity And Liability

You agree to indemnify and hold PHIXER™ and its principles, partners, officers, directors, shareholders, managers, members, employees, affiliates, agents, and contractors harmless from any claim or demand made by any third party arising out of your use or misuse of the Site, any Services you order from PHIXER™, or any Services provided through the Site, whether or not such use violates these Terms.

Linking

You may provide hot links to this Site provided: (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site; (b) you give PHIXER™ notice of such link by sending an e-mail to support@phixer.net; and (c) you discontinue providing links to this Site within 24-hours if so notified by PHIXER™.

General Provisions

Governing Law, Jurisdiction, and Dispute Resolution.

By accessing this Site, you agree that all matters relating to your access to, or use of this Site and/or the Services shall be governed by the laws of the State of Washington and that you consent to the jurisdiction and venue of the federal and state courts sitting in Seattle, Washington. In the unlikely event of a dispute between PHIXER™ and you relating to this Agreement or the Services rendered pursuant thereto, you agree that, at the written request of any Party, the dispute will be submitted for arbitration by one arbitrator in Seattle, Washington under the then existing Commercial Rules of the American Arbitration Association. The party substantially prevailing at any subsequent proceeding (including without limitation, trial, appellate, and arbitration proceedings) will be entitled to recover all related costs and expenses, including attorney's fees. Despite this arbitration provision, requests for injunctive relief may be made in any court of competent jurisdiction.

Termination.

PHIXER™ may suspend or terminate a Membership at any time with or without notice. In addition, PHIXER™ may change the nature of the Site and/or Services at any time with or without notice.

Refunds and Exchange

PHIXER™ Editing Services are sold &ldqas is&ldq and no warranties are expressed or implied. PHIXER™ will not issue full or partial refunds or exchanges for any of its imaging services rendered.

Entire Agreement, Severability.

These Terms and Conditions incorporate by reference any notices contained on the Site and constitute the entire agreement with respect to your access to and use of this Site and Services. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

If You Do Not Agree or If These Terms And Conditions Are Not Acceptable In Full, You Must Immediately Terminate Your Use Of This Site And/Or The Services.

Privacy Statement

Last Updated: October 1ST, 2017

This Privacy Statement applies to all users of the PHIXER™, LLC website (www.phixer.net) (the &ldqWebsite&ldq). The purpose of this Privacy Statement is to describe how we may collect and use some personal information. By using or accessing the Website and any Services offered therein, you expressly acknowledge that you have read and approve of this Privacy Statement in all respects. If you do not consent to the terms and actions described in this Privacy Statement, Do Not Use Or Access The PHIXER™ Website.

Information We Collect. We may collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages users access or visit, information about your online activity through the use of cookies, information about the domain and host you use to access the Internet; your computer's Internet address; the browser and operating system software you use; the date and time you access our website; and the Internet address used to link to our website when you visit us, and information volunteered by the consumer (such as survey information and/or site registrations).

Information We Disclose. The information we collect is used to improve the content of the Website and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, subject to the following exceptions: (1) The information we collect may be shared with our subcontractors and/or affiliated companies; (2) The information we collect may also be disclosed if requested pursuant to any law, legal proceeding, or request by a governmental agency; (3) The information we collect may be used to provide products or services you have requested; and/or (4) The information we collect may be shared when we have your express or implied permission.

Confidentiality and Security. We endeavor to maintain physical, electronic and procedural safeguards that comply with federal regulations to guard the information we collect. We also endeavor to restrict access to personal information only to our employees, agents and representatives on a need to know basis. Despite our efforts, and as you probably know, third-parties may unlawfully intercept or access your transmissions to us or may wrongly instruct you to disclose Information to them while posing as PHIXER™, LLC or one of our affiliates. You understand and agree that we are not responsible or liable for any third-party interference with electronic transmissions and therefore you assume all liability and agree to indemnify and hold us harmless for losses incurred by such third-party actions. PHIXER™' website is not directed at children under the age of 13. We do not knowingly collect or maintain personal information at our website from those we actually know are under the age of 18.

External Websites. The Website may be linked to or from third-party websites. We are not responsible for the content or privacy practices of websites that are linked to or from the Website. Before using any third-party website you should review that website's privacy policy.

Modifications and Changes. We reserve the right to modify this Privacy Statement at any time without notice. You can get updated Privacy Statements by visiting the Website. We urge you to review this Privacy Statement frequently to obtain the current version.

Contact Information. For any questions or concerns about this Privacy Statement please contactsupport@phixer.net.

PhotoDrive

At Phixer we understand that raw file and completed file backup is important to our clients. We offer secure cloud-based redundant storage options so our clients may access their photos from any computer in the world.

Photodrive also allows you to search for project names, and filter by date to easily find your photos. You can choose what versions of the files you would like to store and how long you wish to store the files. Every Phixer account comes with 10GB of free storage. If you exceed your 10GB of free storage your oldest archived projects will be deleted automatically.

We advise our clients to turn on Photodrive Premium Storage to avoid losing valuable photos. When the &ldmember&ld activates Photodrive Premium an additional $9.99 per month will be charged for every 100GB Drive whether it is being utilized or not. When you go over 100GB, we will add another 100GB allotment and charge another $9.99.

Revisions

At Phixer® we want our clients to have perfect photos and we may need to revise some completed edits to achieve perfection.

We offer unlimited Revisions on completed photos within 5 days of the original completed date. After 5 days the project will automatically be moved to Photodrive.

We offer revisions to photos in Photodrive at a cost of .5 credits per revision.

Trial Period

The Trial period is established for new &ldmembers&ld to try our editing service and our software platform prior to purchasing a monthly plan. We allow Members to submit one project per day with up to five complete edited photos per project for a term of 7 da

The Trial period begins after the member registers a new account and successfully makes payment. After the 7 day period has passed the member must purchase a monthly plan to continue service. The trial period payment is non-refundable regardless if the member utilizes the Phixer software application or their editing services.