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Copyright © 2003-2010 by U.S. Art Studios Inc. DBA TriX Media, An Innovative Marketing Solutions. All Rights Reserved.
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Website Policy

These Terms and Conditions of Use (the “Terms of Use”) apply to the TRIXMEDIA web site located at www.trixmedia.com, and all associated sites linked to www.trixmedia.com by TRIXMEDIA, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of TRIXMEDIA Inc. (TRIXMEDIA) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. TRIXMEDIA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, TRIXMEDIA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

  • Usage Terms

    By using our online services, User agrees to have their email used in our databases to receive newsletters, advertisements, and special announcements by TRIXMEDIA and its partners and/or service providers. None of this information will be sold off or passed onto any non-associated parties. All forms filled out on the TRIXMEDIA website, for example "Inquiry Form", may be kept for our records and audits. 

  • User Privacy

    WHY WE COLLECT PRIVATE INFORMATION

    (a) To Send you the latest information on TRIXMEDIA clients, our events, new updates on websites and also announcements on TRIXMEDIA's expansion and latest developments. 

    (b) In the event that you would need a price quote or want to contact us via oniline, your information is a requirement to keep in contact. All online services provided by TRIXMEDIA will remain confidential and classified. 

    (c) We may use your personal information internally for audits, data analysis and research in order to improve TRIXMEDIA's customer support line and our services available. 

  • Feedback & Reviews
    Any feedback you provide at this site shall be deemed to be non-confidential. TRXMEDIA shall be free to use such information on an unrestricted basis.
  • Usage of Materials on Website

    In some cases, materials such as names, text, copies, etc. may have been changed on our website to suit client privacy and privilege. All associations with such name would be then coincidental and not, in any form, associated with TRIXMEDIA or its third parties. 

    Materials on this website may change at anytime without prior notice. 

  • Links to Websites
    TRIXMEDIA.com may contain links to other independent third-party Web sites. These Linked Sites are provided solely as a convenience to our web visitors. Such websites are not under TRIXMEDIA control, nor associated with TRIXMEDIA and does not assume responsibility or endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. 
  • Access Forbearance
    You agree that TRIXMEDIA may, in its sole discretion and without prior notice, terminate your access to the TRIXMEDIA Project Management Site or TRIXMEDIA Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
  • Disclaimer
    TRIXMEDIA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TRIXMEDIA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TRIXMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRIXMEDIA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TRIXMEDIA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TRIXMEDIA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
  • Right to Materials Shown
    You may not use any Content or any copy, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
  • Governing Law
    You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue.
 

Services & Products

  • Non-Disclosure & Confidentiality

    a) Client agrees to not disclose any business arrangements, including but not limited to fees, scheduling, deadlines, and scope of work, between Client and TRIXMEDIA to any third party until all aspects of the business arrangement and any projects are finalized and approved by TRIXMEDIA and Client. Client shall safeguard, not disclose, and keep confidential any information between TRIXMEDIA’ representatives, project managers, employees, programmers, assistants, and Client until all aspects of the business arrangement and any projects are finalized and approved by TRIXMEDIA and Client.

    b) Client agrees to provide all the necessary information needed for TRIXMEDIA to conveniently and effectively provide its services for Client. This information includes banking information, passwords, and any other access information reasonably necessary to integrate Client’s cyber presence with any financial or other cyber company. In order to access trade, emails, domain names, or banking on your website, TRIXMEDIA may need to have access to these in order to perform all work. TRIXMEDIA hereby agrees to keep all information confidential pertaining to any confidential information received from Client. This information includes banking information, business contacts, client contacts, and project specifications. TRIXMEDIA shall not give out any information. TRIXMEDIA does not sell Client-related statistics to anyone including any competing companies, hired third party contractors, or spammers. Your privacy is safeguarded with maximum care possible in the industry. NOTE: It is recommended that all sensitive passwords temporarily be changed for TRIXMEDIA’s use on the project which can be changed after the project’s finish.

  • Copyright

    (a) Website Copyright:  For consideration received, Client grants TRIXMEDIA an irrevocable right to self-advertise in any form on Client's projects for TRIXMEDIA’s own interest. The force, legal significance, and effectiveness of such right shall be identical to the rights that an easement on real property has. This right shall be binding on Client and Client’s successors, heirs, executors and assigns and shall inure to the benefit of TRIXMEDIA and its successors, heirs, executors, and assigns. Any intellectual property rights, including copyright and trademark, created by TRIXMEDIA pertaining to its right to self-advertise shall belong to TRIXMEDIA and Client does not have any rights whatsoever to such material. All extra materials bought by TRIXMEDIA from other third parties are expressly owned by TRIXMEDIAClient hereby agrees not to remove any of the copy written coding on any web pages or materials created by TRIXMEDIA that have the TRIXMEDIA logo or promotional text.

    (b) Graphic Design Copyrights: All rights are aforementioned above (a). For use of stock footage from the TRIXMEDIA archive or from other third parties in all graphic designs, all materials purchased or used are the sole property of TRIXMEDIA and cannot be reproduced or used by the client in any way, shape or form. Designs given to client by TRIXMEDIA must be credited with the TRIXMEDIA insignia and may not be used elsewhere without the prior consent of TRIXMEDIA.

    (c) Photo Copyrights: All rights are aforementioned above (a). All Photos purchased are the sole property of the client. Any other photos taken in a photoshoot not purchased by the client are intended property of TRIXMEDIA. Any exemptions to this for the usage of raw footage must be outlined in the Client Contract and be signed off by TRIXMEDIA. All photos given to client must always contain the TRIXMEDIA insignia and be given full credit. 

  • Indemnification

    a. CLIENT HEREBY INDEMNIFIES AND HOLDS HARMLESS TRIXMEDIA, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS AND EMPLOYEES, FROM ANY DAMAGES, CLAIMS, LIABILITIES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, WITNESS FEES, DAMAGES, JUDGMENTS, FINES AND AMOUNTS PAID IN SETTLEMENT AND ANY OTHER AMOUNTS THAT TRIXMEDIA, BECOMES LEGALLY OBLIGATED TO PAY BECAUSE OF ANY CLAIM OR CLAIMS MADE AGAINST OR BY HIM IN CONNECTION WITH ANY THREATENED, PENDING OR COMPLETED ACTION, SUIT OR PROCEEDING, WHETHER CIVIL, CRIMINAL, ARBITRATIONAL, ADMINISTRATIVE OR INVESTIGATIVE TO WHICH TRIXMEDIA IS, WAS, OR AT ANY TIME BECOMES A PARTY, OR IS THREATENED TO BE MADE A PARTY BECAUSE OF, RELATED TO, OR ARISING OUT OF THIS AGREEMENT.

    b. CLIENT HEREBY INDEMNIFIES AND HOLDS HARMLESS TRIXMEDIA, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS AND EMPLOYEES, FROM ANY DAMAGES, CLAIMS, LIABILITIES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, WITNESS FEES, DAMAGES, JUDGMENTS, FINES AND AMOUNTS PAID IN SETTLEMENT AND ANY OTHER AMOUNTS THAT TRIXMEDIA, BECOMES LEGALLY OBLIGATED TO PAY BECAUSE OF ANY CLAIM OR CLAIMS MADE AGAINST OR BY HIM IN CONNECTION WITH ANY THREATENED, PENDING OR COMPLETED ACTION, SUIT OR PROCEEDING, WHETHER CIVIL, CRIMINAL, ARBITRATIONAL, ADMINISTRATIVE OR INVESTIGATIVE TO WHICH TRIXMEDIA IS, WAS, OR AT ANY TIME BECOMES A PARTY, OR IS THREATENED TO BE MADE A PARTY FOR ANY AND ALL CLAIMS FOR INFRINGEMENT OF COPYRIGHT, PATENTS, TRADEMARKS, INDUSTRIAL DESIGNS OR OTHER INTELLECTUAL PROPERTY RIGHTS ISSUED UNDER THE LAWS OF ANY COUNTRY WHERE:

    i. THE COPYRIGHT, PATENTS, TRADEMARKS, INDUSTRIAL DESIGNS OR OTHER INTELLECTUAL PROPERTY WERE PROVIDED BY CLIENT OR ANY OF ITS AGENTS, CONTRACTORS, EMPLOYEES, OR ASSISTANTS; OR

    ii. CLIENT OR ANY OF ITS AGENTS, CONTRACTORS, EMPLOYEES, OR ASSISTANTS REPRESENTED, EXPRESSLY OR IMPLIEDLY, THAT THE COPYRIGHT, PATENTS, TRADE MARKS, INDUSTRIAL DESIGNS OR OTHER INTELLECTUAL PROPERTY WERE A THIRD PARTY’S OR CLIENT’S OR ITS AGENTS’, CONTRACTORS’, EMPLOYEES’, OR ASSISTANTS’ INTELLECTUAL PROPERTY; OR

    iii. ANY THIRD PARTY HAD ASKED CLIENT, ITS AGENTS, CONTRACTORS, EMPLOYEES, OR ASSISTANTS OR TRIXMEDIA TO DOWNLOAD OR OTHERWISE SUCH MEANS WAS PROVIDED FOR THIRD PARTY TO IN FACT COPY OR ACCESS OR USE THE COPYRIGHT, PATENTS, TRADE MARKS, INDUSTRIAL DESIGNS, OR OTHER INTELLECTUAL PROPERTY.

  • Non-Competition

    (a) Client agrees to withhold from signing contracts or doing business with any of TRIXMEDIA’s third party contractors unless otherwise noted through Company policy or Client receives a written consent from TRIXMEDIA. TRIXMEDIA will supply Client with contacts to contact should there arise and issue or if Client has any questions. Client agrees not to contact anyone besides the contacts provided by TRIXMEDIA. In the event that Client does contact another third party, Client hereby waives any rights to timely performance by TRIXMEDIA bears any risk associated with such delay.

    (b) Client shall not retain or offer to retain any individuals or companies now retained, retained during the course of this Agreement, or retained in the next three years after the effective date of this Agreement by TRIXMEDIA nor shall Client conduct business outside of this Agreement with companies or individuals now retained, retained during the course of this Agreement, or retained in the next three years after the effective date of this Agreement by TRIXMEDIA. This non-competition term applies to individuals and companies retained by TRIXMEDIA for a period of three years following the last day of performance by either party, whichever comes last.

  • Scheduling
    This contract concludes that all schedules are not solidly set and can be shifted or changed at any time. Scheduling is based on structure, budget and quality of all projects. Other factors that may push back scheduled time-tables is communication between client and company. Due to the nature of business, late responses or complete non-responsiveness from client can result in a delay in the time-schedule. These delays may be invoiced if the time-table is shifted by the client dramatically by 10 or more days.
  • Deposits
    All deposits must be paid prior to the start of any project. Deposits are used for scheduling, pre-production and preparation of projects which for this reason DEPOSITS ARE NON-REFUNDABLE PAYMENTS. Payments can be made by Cash, Credit Card – Visa, Mastercard and AMEX– , Check and Paypal. All payments will be processed after client is in receipt of the scheduled product
  • Backups & Restoration
    TRIXMEDIA shares all files through our internal digital system and private server. Client must have backup records of all information after the completion of projects. Backups of the project can be supplied for an additional fee. TRIXMEDIA is not responsible for archiving or backing up files. TRIXMEDIA is not responsible for any web damage, loss of information, server attacks, damage of client’s source disk or hacks. This is the primary responsibility of the Client to maintain the integrity of the site with backup files and copies. We provide some excellent servers to back up necessary information if you don't have other options.
  • Fees
    Fees and applicable charges will be invoiced to the client and must be included in all payments. All checks must be made to "TRIXMEDIA Inc". Any checks or credits not honored by the bank will incur a $50 charge-back fee and will be added to the current billing. This may also effect scheduling of your project. All Invoices have a +/- 5 day leeway from the due date. All payments made after the 5 day leeway point will incur a 24% annual finance charge with a minimum charge of $25. All Credit Card transactions will have a 3.5% service charge. Due to the marketing structure, there may be a need to add-on or change the invoice. Client will be notified of all changes through budget-estimates and once a verbal approval is made, all changes will be added to the invoice.
  • Representations & Warranties

    a. Client Represents and Warrants That:

    i. Services shall be performed in accordance with, and shall not violate, applicable laws, rules or regulations, and standards prevailing in the industry and the Independent Contractor shall obtain all permits or permissions required to comply with such laws, rules or regulations;

    ii. THE MATERIALS AND WORK PROVIDED TO TRIXMEDIA SHALL BE ORIGINAL WORK WHETHER ARTISTIC, SCRIPT, DESIGN, OR ANY OTHER FORM NOT MENTIONED ABOVE, AND SHALL COMPLY WITH THE ORIGINALITY REQUIREMENTS OF U.S., E.U., AND OTHER INTERNATIONAL COPYRIGHT, TRADEMARK, AND INTELLECUTAL PROPERTY RIGHTS. SUCH WORK SHALL ALSO BE PRESENTABLE IN ACCORDANCE WITH GENERALLY APPLICABLE STANDARDS IN THE INDUSTRY;

    iii. the Materials will not contain libelous, injurious, or unlawful material and will not violate or in any way infringe upon the personal or proprietary rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and non-disclosure rights, or any trademark, copyright, or patent, nor will they contain any format, instruction, or information that is inaccurate or injurious to any person, computer system, or machine;

    iv. Client has full power and authority to enter into and perform its obligations under this Agreement; this Agreement is a legal, valid, and binding obligation of Client, enforceable against it in accordance with its terms (except as may be limited by bankruptcy, insolvency, moratorium, or similar laws affecting creditors' rights generally and equitable remedies); entering into this Agreement will not violate the Charter or By-laws of Client or any material contract to which it is a party

    v. Client will provide all the necessary information needed for TRIXMEDIA to conveniently and effectively provide its services for Client (as described in the NON-DISCLOSURE AND CONFIDENTIALITY).

  • Cancellation and Refunds
    If there is any need or desire to terminate projects, Company will calculate where the project has ended and there may be a need for the Client to either pay for actions up to the current ending point. Deposits are non-refundable and we reserve the right to invoice any projects that are not paid for. 
 
©2003-2013 TRIXMEDIA INC. All Right Reserved.