Welcome! We hope you enjoy your visit, and find that using our service is
productive, easy and fun.
Before you begin setting up your account with Graphx (herein referred to as
carefully. If you (“you”) agree to these Terms, and wish to use the Graphx
service (“Service”), please click on the “Submit” button. This will constitute
a binding agreement between you and Graphx. To decline acceptance, click the
“Back” button. Note that any violation of these Terms may result in termination
of our Service to you.
Graphx reserves the right to change these Terms from time to time. Please refer
to this site periodically for any changes.
Under these Terms, you may NOT place any of the following material or obtain
any such material using the Service:
Any threatening, obscene, pornographic or profane material or any other
material that could give rise to any civil or criminal liability under
applicable law. Graphx recommends you use an “adult-content” warning label when
pictures are being shared that include legal adult content;
Any material that could infringe rights of privacy, publicity or copyrights
without the permission of the owner of these rights and the persons (or their
parents or legal guardians, where applicable) who are shown in the material;
Any material sent from an anonymous or false address.
While Graphx is not responsible for the content of the submissions, Graphx
reserves the right to delete, move or edit submissions that it, in its sole
discretion, deems abusive, defamatory, obscene or in violation of copyright or
trademark laws or otherwise unacceptable. Graphx may request confirmation of
the copyright or trademark ownership from the submitter. Graphx reserves the
right to suspend the shipping of an order before such confirmation is received.
If Graphx does not receive any such confirmation or if there are continued
claims of copyright or trademark infringement, Graphx reserves the right to
share certain account information with governmental organizations or other
third parties. If you dispute any copyright or trademark infringement claims,
we will share with you the contact information of any party claiming any such
infringement. In the event of any such dispute, Graphx reserves the right to
suspend the display, viewing or sharing of any submissions until the issue has
been resolved. You acknowledge that any submission may be removed, published,
copied, modified, transmitted and displayed by Graphx for the purposes of
delivering the offered services. In addition, you warrant that all moral rights
in any uploaded materials have been waived.
Your physical or electronic sharing of your images constitutes permission for
reprinting by the recipient.
Graphx will not be liable for the content of any submission.
Graphx is committed to protecting photographers’ copyrights. Each
image submitter is required by US law to own the right to or to obtain
permission to use any image before the image is uploaded or printed at Graphx.
If you believe that your work has been copied in a way that infringes your
copyrights, please contact us at the following address and provide all relevant
ATTN: Copyright Protection
400 West Cummings Park
Woburn, MA 01801
You must be at least 13 years of age to use our Service. If you, your
parent or guardian, have any concerns please feel free to contact us.
About your account
3a. Access to your account
Your account with Graphx is available for your personal, non-commercial use.
You can allow other people to view selected images in your account through
Graphx’s on-line share feature. The people you invite to view your images
through on-line share will be able to see the images you have selected for them
and will not have access to your entire account.
Linking directly to images on Graphx’s servers from external sites is expressly
We need to be able to access your account for the following reasons:
We can remind you of your password in case you forget it; if this becomes
necessary, we send an email upon your request to the address from which you
opened your account;
To maintain our Service to you and develop new and useful features and
To follow a court order, subpoena, complaint or a lawful request from
Graphx reserves the right to close accounts set up for fraudulent purposes.
3b. Account fee
There is no fee to open a Graphx account.
Canceling the service; discontinuing inactive accounts
Graphx reserves the right to cancel the Service or to discontinue
accounts that have been inactive for more than 180 days. We may do so at our
discretion after sending an email warning to the address you used when you set
up your account. If you do not respond to the email within 10 days, your
account and the images contained in it may be removed.
We may make software from third-party companies available to you. To download
such software, you must first agree to the respective software licenses and/or
warranties. Each software product is subject to the individual company’s terms
and conditions, and the agreement will be between you and the respective
This means that we do not guarantee that any software you download will be free
of any contaminating or destructive code, such as viruses, worms or Trojan
horses. We do not offer any warranty on any third-party software you download
using Our Service.
We may provide links to third-party sites that might be of interest to
you. We have no control over the content or availability of the contents of
these sites. It is your responsibility to become familiar with each site’s
privacy and other policies and terms of service, and to contact that site’s
Webmaster or site administrator with any concerns.
Copyrighted material and software
All of the information, content, software and materials we offer are protected
by copyright and other pertaining laws. You may not copy or distribute such
material without the copyright owner’s prior written consent. You may use these
materials for personal, non-commercial use only, so long as you do not modify
the materials or remove any copyright or other proprietary rights notices
contained in the materials.
When you create an account with Graphx, you need to provide some
personal information, such as your name, email address, and mailing address. We
U.S. Government Restricted Rights
All materials, information, software and other products supplied by or
through the Service are provided with “RESTRICTED RIGHTS.” use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth in
FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such
by the Government constitutes acknowledgment of our or our suppliers’
proprietary rights in them. In the event that the License, or any part thereof,
is deemed inconsistent with the minimum rights identified in the Restricted
Right provisions, the minimum rights shall prevail.
You agree to indemnify, defend and hold harmless us, our officers, directors,
employees, agents, licensors, suppliers and any third-party information
providers to the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys’ fees, resulting from any violation of
these Terms or any activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the Service using your
Any action hereunder must be brought, if at all, within one (1) year from the
accrual of the cause of action. The parties agree that any claims hereunder
shall be subject to the state and federal laws of the state of California, and
hereby consent to jurisdiction and venue in the courts of the Northern District
of California located in San Francisco, California.
You are responsible for compliance with all local laws, and you are required to
comply with U.S. export laws and regulations when you use or export any
software or materials provided through the Service.
Disclaimer of warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH Graphx’S SITE ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRAPHX EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GRAPHX MAKES NO WARRANTY THAT
ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR
THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GRAPHX MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL
OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED
OR OBTAINED THROUGH GRAPHX’S SITE OR ADVERTISED THROUGH GRAPHX’S SITE.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL GRAPHX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GRAPHX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE
GRAPHX’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
Customer Policy for Idea Submission
Many of our customers are interested in submitting ideas for products
and services to be used at Graphx, either independent of, or in conjunction
with, our internally developed concepts. We appreciate our customers’ interest
in improving our service; however, please note our policy on external idea
Unsolicited ideas submitted to Graphx, Inc. or any of its employees
automatically become the property of Graphx, Inc.
By submitting unsolicited ideas to Graphx, Inc. you automatically forfeit your
right to the intellectual property of these ideas.
We may assign our rights and responsibilities hereunder without notice to you.
All items purchased through Graphx are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our
delivery to our carrier.
When you place an order, Graphx will not bill you until we ship the items
ordered. Graphx reserves the right to ship partial orders (at no additional
cost to you). The portion of the order that is partially shipped may be charged
to your credit card at the time of shipment.
If any part of this Agreement is held to be invalid or unenforceable, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision most closely matching the intent of the original
provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to
this Service, and supersede all other communications, written or oral, with
regard to the Service.