Terms Of Use

1. Nix Brands, Inc. respects copyright laws so make sure you own the rights or have permission to use any of the images you upload for us to print. If you’re not sure if you own copyright or permission to an image you probably don’t. We have the right to reject or refuse to print any images that do not follow copyright laws or that do not comply with our “user conduct” terms of use.
2. We will never use, sell, promote, or print any of your images without your prior written consent – it’s your work and it can’t be used in any way without your permission.
3. The files you upload are stored on our secure servers and may remain there for back-up purposes in case you need a reprint or your piece is damaged in shipment. If you want us to permanently delete your images from our server please let us know when you place your order and we will gladly comply. Otherwise files may be deleted off our server every six months without any notification. Make sure you back up your images.
4. Files you send to us to be scanned will be treated with the utmost care and will be returned to you (unless you specify otherwise) but we can’t be held responsible for photos that are lost in transit or damaged while out of our hands.

Acceptance of Terms

Nix Brands, Inc., (“Nix Brands, Inc.”) Terms of Use. Nix Brands, Inc. provides its website and related services (“Website”) subject to the following Terms of Use (“Terms”). Nix Brands, Inc. reserves the right to change these Terms from time to time without notice to you by posting new Terms of Use on the Nix Brands, Inc. website. Please refer to the Terms of Use periodically for any changes.

BY CONTINUING TO USE THE Nix Brands, Inc. WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS as follows:

Eligibility

Nix Brands, Inc. will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18 you may not use any Nix Brands, Inc. websites.

User Account, Password, and Security

Upon creating a user account, you agree to provide Nix Brands, Inc. with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account designation upon completing the Site's registration process. You are responsible for all activities that occur under your password or account. Nix Brands, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

User Conduct

In using this Website, you agree to not:

1. Upload, download, post, email or otherwise transmit any materials, including but not limited to, text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this website or otherwise ("Content") that are unlawful, harmful, obscene, pornographic, indecent, inflammatory, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights, including but not limited to, rights of celebrity, privacy and intellectual property;
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
4. Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
5. Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. Upload, download, post, email or otherwise transmit false or misleading information;
7. Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
8. Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution; and
9. Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.

Upon uploading Content, you acknowledge that Nix Brands, Inc. may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Nix Brands, Inc. and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Nix Brands, Inc.

You acknowledge and agree that Nix Brands, Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Nix Brands, Inc., its users and the public. 

You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices. 

You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity. 

Pricing

Prices for products on Nix Brands, Inc. are described on our Site and incorporated into these Terms by reference. All prices are in US Dollars. Prices and products may change at Nix Brands, Inc.’ discretion.

Shipping

All items purchased through Nix Brands, Inc. are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on Nix Brands, Inc.’ shipment to the shipping carrier. We reserve the right to ship partial orders (at no additional cost to you).

Privacy Policy

Your privacy is very important to Nix Brands, Inc. Users of this Site should refer to our Privacy Policy for information about how Nix Brands, Inc. collects and uses personal information. By accepting this Agreement, you expressly consent to Nix Brands, Inc.' disclosure and use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference. 

Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Nix Brands, Inc., its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.

You acknowledge and agree that the Site and any software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

All brand, product and service names used in this Site which identify Nix Brands, Inc. or third parties and their products are proprietary marks of Nix Brands, Inc., Inc. and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of Nix Brands, Inc. or any third party with respect to any such image, logo or name. You shall not make any use of any Nix Brands, Inc. trademarks, logos, or trade dress without prior express and written approval by Nix Brands, Inc..

Copyright and Intellectual Property Policy

Nix Brands, Inc. respects the intellectual property rights of others and we require our users to do the same. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user's content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user's access to our services.

If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Nix Brands, Inc.' Copyright team, and provide the following information ("Notice"):

a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest; 

b) a description of the copyrighted work and/or trademark claimed to have been infringed; 

c) a description of where the claimed infringing Content is located on our Site;

d) your address, telephone number, and email address

e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law; 

f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved. 

Nix Brands, Inc.’ Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Indemnity

You agree to defend, indemnify and hold Nix Brands, Inc. and Nix Brands, Inc.' officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Nix Brands, Inc. 's express written consent. 

Termination

You agree that Nix Brands, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Nix Brands, Inc. may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Nix Brands, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Nix Brands, Inc. shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms or conditions or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.

Links

The Site may provide, or third parties may provide, links to other websites or resources. Because Nix Brands, Inc. has no control of such sites and resources, you acknowledge and agree that Nix Brands, Inc. is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Nix Brands, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

 Public Reputation

You acknowledge and agree that you will not use any product ordered from Nix Brands, Inc. in a way that would be damaging to Nix Brands, Inc.' public reputation or that of its employees, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from Nix Brands, Inc. in a public setting, including on the Internet, in a way which disparages Nix Brands, Inc., employees, shareholders or partners, 

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Nix Brands, Inc. AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

NIX BRANDS INC. DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT NIX BRANDS, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF NIX BRANDS, INC., ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS. 

YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. 

YOU ACKNOWLEDGE THAT NIX BRANDS, INC. DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, NIX BRANDS, INC. AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. 

YOU ACKNOWLEDGE THAT NIX BRANDS, INC. MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Nix Brands, Inc. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL NIX BRANDS, INC. OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING NIX BRANDS, INC. OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NIX BRANDS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 

Severability

If any provision of these Terms of Use is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same intent as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.  

Arbitration

These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Chatsworth, California. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney's fees and costs to the prevailing party. 

General

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Nix Brands, Inc. may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Nix Brands, Inc.' failure to act with respect to a breach by you or others does not waive Nix Brands, Inc.' right to act with respect to subsequent or similar breaches. If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired. These Terms constitutes the entire agreement between you and Nix Brands, Inc., and supersedes all other communications, written or oral, with regard to the services provided by Nix Brands, Inc.