PhotoKit Color 2.0 Terms Of Sale
When
Purchasing Software from Pixel Genius, LLC you agree
to the following Terms & Conditions:
Returning a Product Purchased from Pixel Genius, LLC Web
Store Within 30 days of purchase:
Pixel Genius, LLC will accept the return or exchange of any product purchased
directly from Pixel Genius, LLC. Pixel Genius, LLC cannot process returns for
products and services purchased from another source. Indirect orders of products
and services must be returned to the source from which they were purchased
and are subject to the return policies of that source.
Product Returns:
To return a product purchased from Pixel Genius, LLC within the last 30 days:
Email Pixel Genius at orders@pixelgenius.com and provide the following information:
The order number
Your name
The product you are returning
The serial number, if applicable
The reason for the return
If the product was downloaded from Pixel Genius, LLC, or their web store, you
will be asked to print and complete a Letter of Software Destruction. A credit
will be issued upon completion of this letter. You may download the Letter
Of Destruction at the following URL: Letter
Of Destruction Link
Product Refunds:
After Pixel Genius, LLC receives the return or the Letter of Software Destruction,
the refund process takes up to four to six weeks. You will be refunded by the
same method as your payment. For example, if you paid by credit card, Pixel
Genius, LLC will credit the same credit card account; if you ordered by purchase
order and were invoiced, Pixel Genius, LLC will credit your account. Shipping
charges are not refunded unless the reason for the return is an error on Pixel
Genius, LLC behalf.
WARRANTIES AND DISCLAIMERS:
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU
AND PIXEL GENIUS, LLC. OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S
MATERIALS
OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS
SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, PIXEL GENIUS, LLC. MAKES NO WARRANTY THAT (i) THE SERVICES
AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE,
ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS
PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE,
OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL
ERRORS. PIXEL GENIUS, LLC. MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT
THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN,
AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT
OF DATE, AND PIXEL GENIUS, LLC. MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS
OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) PIXEL GENIUS, LLC. DOES NOT CONTROL,
ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED
BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY
VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) PIXEL
GENIUS, LLC. MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH
THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU
MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) PIXEL GENIUS,
LLC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES
OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS
OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. PIXEL GENIUS, LLC.
ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE
THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY
SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM PIXEL GENIUS, LLC. OR THROUGH OR FROM
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE
LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY:
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PIXEL GENIUS,
LLC., ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES,
PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, DATA, OR PROFITS, WHETHER OR NOT PIXEL GENIUS, LLC. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE,
ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON
OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION
THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS
OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT
ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS
SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU.
Export control laws; notice to U.S. government users:
The export and re-export of Pixel Genius, LLC. software products are controlled
by the United States Export Administration Regulations, and such software may
not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria, or any country to which the United States embargoes goods. In addition,
Pixel Genius, LLC. software may not be distributed to persons on the Table
of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading a Pixel Genius, LLC. software product you are certifying that
you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria,
or any country to which the United States embargoes goods, and that you are
not a person on the Table of Denial Orders, the Entity List, or the List of
Specially Designated Nationals.
All Pixel Genius, LLC. products and publications are commercial in nature.
The software and documentation available on this Site are "Commercial
Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation," as
such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202,
as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and Commercial
Computer Software Documentation are licensed to U.S. Government end users (A)
only as Commercial Items and (B) with only those rights as are granted to all
other end users pursuant to the terms and conditions herein.
Indemnity and liability:
You agree to indemnify and hold Pixel Genius, LLC., and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of content you submit, post to, or transmit through
the Site (including, without limitation, any User Content, Design Content or
computer viruses), your use of the Site, your connection to the Site, your
violation of the Terms of Use, the actions of any member of your Work Group,
or your violation of any rights of another person or entity.
Governing law and jurisdiction:
This Site (excluding linked sites) is controlled by Pixel Genius, LLC. from
its offices within the state of Illinois, United States of America. By accessing
this Site, you and Pixel Genius, LLC. agree that all matters relating to your
access to, or use of, this Site shall be governed by the statutes and laws
of the State of Illinois, without regard to the conflicts of laws principles
thereof.
For
Tech Support Issues, e-mail: tech_support@pixelgenius.com