Terms of Service

Welcome to the Groopix website. Use of and access to the website is subject to your compliance with the following terms. Groopix reserves the right to limit or terminate your access to our website if you don't comply with them.

  1. ACCEPTANCE OF TERMS
  2. MODIFICATION OF TERMS OF SERVICE
  3. SUBSCRIPTIONS, REGISTRATION, PURCHASES
  4. TERMINATION
  5. AUTHORIZED USE OF SERVICE; INTELLECTUAL PROPERTY RIGHTS
  6. RESTRICTIONS ON USE OF CONTENT
  7. GROOPIX SATISFACTION GUARANTEE POLICY
  8. NO UNLAWFUL OR PROHIBITED USE
  9. ACCOUNT SECURITY
  10. COPYRIGHT AND TRADEMARK INFORMATION
  11. PRIVACY
  12. ELECTRONIC COMMUNICATIONS
  13. LINKS TO THIRD-PARTY WEB SITES
  14. DISCLAIMER OF WARRANTY
  15. INDEMNITY
  16. GENERAL INFORMATION
  17. EFFECTIVE DATE

  1. ACCEPTANCE OF TERMS



    PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE, which includes all bulletin boards, chat rooms (the "Website"). By accessing and using this Website in any way, you agree to be bound by the terms of service described in this document ("Terms").

    IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF SERVICE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Service are entered into by and between Groopix and you. If you are using the Website on behalf of your employer, you represent that you are authorized to accept these Terms of Service on your employer's behalf.

  2. MODIFICATION OF TERMS OF SERVICE



    Groopix reserves the right, at Groopix's sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time with or without notice. Please check these Terms of Service periodically for changes. Your continued use of this Website following the posting of changes to the Terms of Service will signify your acceptance of those changes.

  3. SUBSCRIPTIONS, REGISTRATION, PURCHASES



    You may use certain features and capabilities of Groopix by registering for a free account; you may elect to pay an annual subscription fee for enhanced features and expanded capabilities. To become a paid subscriber, you will be asked to provide certain personal and credit-card-related information. Failure to provide the information requested in the registration form will result in a failed registration and no access to the service. You will be required to pay the annual subscription fee by giving Groopix your credit card number and the expiration date of that credit card. Groopix's third party credit card processor will process the initial subscription payment at the time of registration. Any purchases of photo-related merchandise from the Website will be paid for and processed in the same manner. [However, You will have the option of using a different credit card for merchandise purchases than the credit card stored in your account. If you elect to use a different credit card than the one which is stored in your account, the information on the new card will not be stored as part of your account unless you elect for such information to be stored.] Your annual subscription will renew automatically unless you direct Groopix not to renew by canceling your subscription in the "Profile" section of the Website or sending an email message from your accounts email address to unsubscribe@groopix-inc.com. Groopix may increase its rates for renewal subscriptions at its sole discretion. Any changes to Groopix's subscription rates will be posted on its website, effective immediately after posting, and no further notice is required.

    Subscribers must keep their registered email addresses and other account information current, as Groopix may send important notices, such as reminders about the end of the annual period, to that email account. If you decide to upgrade to a higher level of service, the credit card designated on your account will be billed for the difference in price, prorated for the remainder of your term.

    In connection with recurring billing for renewals or billing for upgrades, we may receive updated information about your account from the financial institution issuing your credit card. If we are unable to process your credit card payment, your account will be terminated at the end of its current term.

    If any physical product purchased is found to be defective due to manufacturing or production issues, it will be reprinted, reproduced or replaced at no charge - provided that Groopix is notified within 14 days from when the item that is being returned was originally shipped. See Groopix's Satisfaction Guarantee Policy. Groopix is not responsible for issues related to user editing choices or oversights made in the design or layout of pictures and products within the Groopix service.

  4. TERMINATION



    Groopix agrees to terminate your account at any time upon your electing to do so from the Profile section of the Website, or by emailed notice from your registered email account to unsubscribe@groopix-inc.com.

    Groopix may terminate your account or your access to and use of the Website, with or without cause at any time and effective immediately, at Groopix's sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, Groopix, at its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that Groopix deems appropriate to enforce its rights and pursue all available remedies.

    Upon your termination of your account, you will not receive a refund for any subscription fees previously charged to, or still remaining, on your account. In the event we have to collect unpaid amounts owed to Groopix on your account, you will be liable for all attorneys' and collection agency fees.

  5. AUTHORIZED USE OF SERVICE; OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS



    Registered users and paid subscribers may use the service to create online "Groups" - which enable the uploading and organization of photos and digital photos, the invitation of others via email to join the Group, and the preparation of photobooks (and other photo-related merchandise) for purchase. Groopix owns the Website, the computer software underlying the Website and the tools offered by the Website to facilitate creation of the personal event timelines.

    1. OWNERSHIP OF CONTENT.



      Groopix does not claim ownership of the Content you place in your Groups. Groopix may quote or reproduce small portions of your content (if you have made it public) in order to promote your Group and/or the Groopix service, but only on a fair-use-type basis.

      You acknowledge that Groopix does not pre-screen Content, but that Groopix and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing, Groopix and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

      Groopix may offer registered users and paid subscribers the opportunity to promote one of their Stories in the Featured Stories section of the Website. Groopix reserves the right to pre-screen the Content of such Stories prior to their inclusion in the Featured Stories section of the Website.

    2. COPYRIGHT INFORMATION.



      It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on Groopix, please read the following information for filing or responding to a notice of infringement.

      To file a notice of copyright notice with us, please send a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney.

      To expedite our ability to process your request, please use the following format:

      1. Identify in sufficient detail the material that you believe has been infringed. For example, "The copyrighted work at issue is the photo that appears in John Doe's Group called 'Our Summer Vacation'"
      2. Identify the material that you claim is infringing the material listed in item (i) above.
      3. Provide information reasonably sufficient to permit Groopix to contact you (email address is preferred).
      4. Provide information, if possible, sufficient to permit Groopix to notify the user(s) who posted the content that allegedly contains infringing material (Groopix Account name is preferred).
      5. Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
      6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
      7. Sign the paper.
      8. Send the written communication to our Copyright Agent:
      Copyright Agent
      Groopix, Inc.
      2995 Woodside Road, Suite 400
      Woodside, CA 94062

      The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.

      To file a counter notification with us, please provide a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

      To expedite our ability to process your counter notification, please use the following format:

      1. Identify the specific names of the Groups containing the material that Groopix has removed or to which Groopix has disabled access.
      2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification to groopix.com of the infringement or an agent of such person.
      3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
      4. Sign the paper.
      5. Send the written communication to our Copyright Agent:
      Copyright Agent
      Groopix, Inc.
      2995 Woodside Road, Suite 400
      Woodside, CA 94062

  6. RESTRICTIONS ON USE OF CONTENT



    Except as expressly prohibited on this Website, you are permitted to view, copy, print, and distribute pages within this Website, subject to your agreement that:

    1. your use of the information is for informational, personal, and non-commercial purposes only;
    2. you will not modify the documents or graphics;
    3. you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context;
    4. you will display the Groopix copyright notices and other proprietary notices that appear on our Website and posted materials as they appear on every copy you make;
    5. you will not remove any copyright notices or substitute any copyright notices that imply that the materials you view, print, copy, or distribute are owned by anyone else; and
    6. you agree that Groopix may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Groopix.

    Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

    Your use of the Website is subject to all applicable local, state, national and international laws and regulations. You may post stories, events, media, reviews, comments, suggestions, bugs, ideas, questions, files or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Groopix reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content. If You become aware of Content that You believe qualifies as Content which is not allowed on the Website (as defined above), You should email customer service at Groopix to alert it as to the potentially controversial or disallowed Content. If the presence of such controversial Content on the Website becomes known to Groopix through its own investigation or a user's information, Groopix will review the allegedly controversial Content and will edit or remove such Content as it sees fit, and in keeping with state and federal regulations.

    Permission to use the Website's contents does not include permission to copy the design elements, look and feel, or layout of this Website. Those elements of the Website are protected by United States, international, and foreign laws and may not be copied or imitated in whole or in part. No logo, graphic, or photo from the Website may be copied or retransmitted unless expressly permitted by Groopix.

  7. GROOPIX SATISFACTION GUARANTEE POLICY



    Groopix is proud of the craftsmanship of our Photobooks. Every Groopix order includes a 100% satisfaction guarantee against any manufacturing defects. Manufacturing defects include: missing or out-of-order pages, folded or creased pages, incorrect cover bound to pages, excessive glue, the use of incorrect paper.

    If you do receive a Photobook that has a manufacturing error, email us at returns@groopix-inc.com within 14 days of receipt. Please include a description of the problem with your Photobook. We'll send you information on how to return your Photobook and receive a full refund.

    Please preview your Photobook carefully before placing your order. Photos and text will be printed as they appear in the Preview. Groopix is not responsible for poor photo quality caused by low-resolution photos, mistakes in order quantity or other ordering errors. Groopix does not correct and is not responsible for customer mistakes including spelling errors, design problems, grammar errors or any other creative choices.

  8. NO UNLAWFUL OR PROHIBITED USE



    As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any Groopix server, or the network(s) connected to any Groopix server, or interfere with any other party's use and enjoyment of the Website.

  9. ACCOUNT SECURITY



    If you register with or subscribe to Groopix, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify Groopix of any unauthorized use of your account or any other breach of security known to you.

    Groopix uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the Website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.

  10. COPYRIGHT AND TRADEMARK INFORMATION



    COPYRIGHT NOTICE:
    Copyright © 2004-2008 Groopix, Inc. All Rights Reserved.

    Groopix is a trademark of Groopix, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders.

  11. PRIVACY



    Groopix respects your desire for privacy. Please read Groopix's Privacy Policy. By using the Website, you are consenting to the terms of our Privacy Policy.

    If you are a resident of the European Union, you understand and agree that Groopix stores and processes your information on computers located in the United States, and by providing any data to Groopix, you consent to the transfer of such information to the United States.

    You acknowledge and agree that Groopix may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, to carry out these Terms, or to protect the rights, property, or personal safety of Groopix, its employees, users and third parties, and the public.

  12. ELECTRONIC COMMUNICATIONS



    When you visit Groopix, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  13. LINKS TO THIRD-PARTY WEB SITES



    This Website may contain links to third-party sites which are not under the control of Groopix, and Groopix is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Groopix is providing these links to you only as a convenience, and the inclusion of any link does not imply that Groopix endorses or accepts any responsibility for the content on such third-party site.

  14. DISCLAIMER OF WARRANTY



    EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION ON THIS WEBSITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND GROOPIX HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, GROOPIX DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall Groopix be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this Website or information available from the Website.

    Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Website. The Website may contain technical inaccuracies or typographical errors. Groopix assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the Website.

    Groopix may make changes to the Website, information, product offerings, and any other information and materials on the Website at any time and without notice.

  15. INDEMNITY



    You agree to indemnify, defend, and hold Groopix and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, including without limitation, any use by your employees, your connection to the Website, your violation of the Terms of Service, or your violation of any rights of another.

  16. GENERAL INFORMATION



    The Terms of Service constitute the entire agreement between you and Groopix and govern your use of the Website, superseding any prior agreements between you and Groopix relating to your use of this Website (including, but not limited to, any prior versions of the Terms of Service). You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. By accessing the Website you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this Website, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the courts in California, USA.

    The failure of Groopix to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Service to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

  17. EFFECTIVE DATE



    The effective date of this version of the Terms of Service is January 1, 2008.