Folks, please review these terms and conditions--they are here for your protection and for my protection, too. The basic ideas are that I won't do anything funny with your photos; that you have the right to display the images you upload; and that I won't get sued if you don't.
Please check here periodically to see if these terms have been updated.
1. You, the user of this website ("You" or "you"), represent and warrant that you are the copyright holder of the images you place on display on this website, currently located at www.shutterpixie.com ("Shutterpixie"). If you are not the copyright holder, you represent and warrant that you are fully authorized by the copyright holder to publish the images which you place on display on Shutterpixie.
2. You or the copyright owner retain(s) all ownership interests in the images you place on Shutterpixie. Absent express authorization from you, Shutterpixie will not redistribute your images to third parties, for resale or for any other purpose.
3. You authorize Shutterpixie to duplicate your images for the purpose of creating backup copies, and to resize your images in order to incorporate them into the web site's layout. Shutterpixie may on occasion display your images on Shutterpixie's front page.
4. Shutterpixie may, in its sole discretion, terminate your account. Shutterpixie's reasons for terminating your account may be, but are not limited to, your violation of these terms and conditions, Shutterpixie's determination that your behavior violates applicable federal or state laws, or Shutterpixie's determination that your activities are harmful to Shutterpixie, Shutterpixie's affiliates, and/or other Shutterpixie's users. Shutterpixie is not required to notify you of such termination and you will not hold Shutterpixie liable for such termination.
5. You will indemnify, defend and hold Shutterpixie (and its affiliates, as applicable), agents and employees harmless from and against any and all loss, liability and expense, including attorneys' fees, suffered or incurred as a result of claims brought in connection with the images you upload to Shutterpixie (including, without limitation, any claims of wilful misconduct, negligence, intellectual property infringement, right of privacy and/or right of publicity violations).
6. Shutterpixie will not be liable to you for indirect, incidental, consequential, special, punitive or exemplary damages arising from this agreement, whether based on breach of contract, tort, or otherwise. Shutterpixie will not be liable to you for monetary damages of any sort.
7. Shutterpixie offers its services on an AS IS basis and does not guarantee a specific up time. If you are dissatisfied with the level of service provided by Shutterpixie, your sole remedy is to terminate your account.
8. Shutterpixie reserves the right to modify these terms and conditions without notice. You agree to these terms and conditions by virtue of using the website.
Last updated: November 2, 2008