Speak Pixels – Terms of Site Use

Effective Date: December 4, 2025

YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use apply to all users of this Site. By using this Site, you agree to comply with and be bound by these Terms of Use for Speak Pixels (“Site”). If you do not agree to these Terms of Use, you may not access or use this Site.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Use, you also agree to our Privacy Policy, which is expressly incorporated herein. Please carefully review our Privacy Policy before using this Site. All information provided to us as a result of your use of this Site must be true, accurate, current, and complete. You agree to update any personal information as necessary. If there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

OWNERSHIP OF THIS SITE AND ITS CONTENT

The Site owns all intellectual property rights in:

All text, logos, images, headers, trademarks, service marks, design elements, and other protected elements on the Site (except those licensed from others). All materials provided to you as part of the Site’s services.

Any other intellectual property rights afforded to the Site under law.

Except as stated herein, the Site does not grant you any rights to its Intellectual Property. You agree not to make unauthorized use of or infringe upon the Site’s Intellectual Property.

THIRD-PARTY GENERATED CONTENT

The Site may contain content generated by third parties, including comments, and we do not guarantee the accuracy, integrity, or quality of third-party content. The Site does not endorse statements, advice, or opinions made by anyone other than authorized Site representatives.

DISCLAIMERS

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPEAK PIXELS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

We do not guarantee that this Site will operate securely or without interruption, and we are not responsible for user-generated content. You accept that our shareholders, owners, officers, directors, employees, and representatives benefit from this clause.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SPEAK PIXELS DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM USE OF THIS SITE OR SERVICES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR CLAIMS OF THIRD PARTIES. You assume responsibility for backing up data and virus checking.

Any liability related to photography services is strictly limited to the total amount paid for the session or services in question.

PAYMENTS, DEPOSITS, AND REFUNDS

A non-refundable deposit is required to reserve your session. The deposit will be applied toward the total session fee.

Full payment is due [X days] prior to the session or as otherwise agreed in writing.

No refunds will be issued for cancellations made less than [X days] before the scheduled session, unless otherwise agreed.

If the session is rescheduled due to weather, illness, or other unforeseen circumstances, the deposit will be applied to the rescheduled date.

Any additional products, prints, or digital files purchased are non-refundable once delivered, unless defective.

CANCELLATIONS AND RESCHEDULING

Speak Pixels reserves the right to cancel or reschedule a session due to illness, emergency, or other unforeseen events. Reasonable efforts will be made to reschedule.

Clients may request rescheduling with at least [X days] notice; rescheduling is subject to availability.

INTELLECTUAL PROPERTY AND IMAGE USAGE

All images, videos, and creative content produced by Speak Pixels are the intellectual property of Speak Pixels.

Clients may use delivered images for personal, non-commercial purposes only, unless a commercial license is purchased.

Speak Pixels retains the right to display images for marketing, portfolio, or social media purposes unless otherwise agreed in writing.

Unauthorized use, reproduction, or distribution of images is strictly prohibited.

MODEL RELEASE

By attending the session, you grant Speak Pixels the right to use your likeness in promotional materials, portfolio, website, and social media, unless a written agreement states otherwise.

FORCE MAJEURE

Speak Pixels shall not be liable for failure to perform due to circumstances beyond its reasonable control, including natural disasters, illness, acts of God, or governmental restrictions.

CLIENT CONDUCT

Speak Pixels reserves the right to terminate a session if a client behaves inappropriately, disruptively, or in a manner that prevents the session from being completed safely or professionally. No refunds will be issued for terminated sessions due to client conduct.

SESSION PREPARATION

Clients are responsible for arriving prepared for sessions, including clothing, makeup, props, or other materials unless otherwise provided by Speak Pixels.

LATE FEES

Delivery times for prints, albums, or digital files are estimates. Speak Pixels is not responsible for delays, and no refunds or penalties will be issued due to delivery timing.

CONSENT AND OPT-IN (SMS)

By providing your phone number and accepting the opt-in policy, you consent to receive SMS messages from Speak Pixels.

MESSAGE FREQUENCY

You may receive SMS messages as needed for:

Appointment confirmations and reminders

Service updates

Billing notifications

General business communication

OPT-OUT INSTRUCTIONS

You may opt out of SMS communication at any time by replying “STOP” to any message. You may also contact us directly to request cessation of messages.

COST INFORMATION

Standard message and data rates may apply based on your mobile carrier. You are responsible for any charges incurred.

DATA PROTECTION

Your data is securely hosted and protected against unauthorized access. Personal information, including mobile opt-in data, will not be sold or shared with third parties for marketing or promotional purposes.

WAIVER

Failure to enforce any provision of these Terms does not constitute a waiver. All waivers must be in writing.

SEVERABILITY

If any provision of these Terms is held invalid by a court, the remaining provisions remain in full force and effect.

GOVERNING LAW, JURISDICTION, AND VENUE

These Terms are governed by the laws of the State of Texas without regard to conflicts of law. All disputes will be adjudicated in state or federal court in Dallas, Texas. You consent to the jurisdiction of these courts.

INDEMNITY

You agree to indemnify and hold Speak Pixels harmless from any claims, losses, or liabilities arising from your use of this Site or services in violation of these Terms.

CHANGES TO TERMS OF USE

These Terms are effective as of the date above and may be updated. Continued use of the Site or SMS services constitutes acceptance of revised Terms.

ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any applicable agreements, constitute the entire agreement between you and Speak Pixels regarding this Site and supersede all prior agreements.

DEFINITIONS

Content: All software, code, text, images, graphics, audio, and video on this Site.

Speak Pixels, we, us, our: Refers to Speak Pixels.

Site: Refers to any website, application, or service owned by Speak Pixels on which these Terms are posted.

QUESTIONS

For questions regarding this Site or these Terms, contact us at:

Email: [email protected]
Website: www.speakpixels.com