These Terms of Service ("Terms") govern your access to and use of Flawless Photo Retouching services (the "Services"), and any information, photos, text, graphics, or other materials uploaded, downloaded (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services and submitting images to Flawless Photo Retouching you agree to be bound by these Terms and Conditions.
You are responsible for your use of the Services, for any content you submit to the Services, and for any consequences thereof. The Content you submit, post, upload or display will be transmitted electronically. And run the normal risk of being seen during distribution across the internet. You may use the Services only if you can form a binding contract with Flawless Photo Retouching and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Clients should be aware of the exact service specifications included/provided in each retouching, album or printing package or any other services or products requested and provided. Expectations beyond or exceeding what is specifically detailed in the service or product description will be at the fault of the client. The client will then need to upgrade their package or services accordingly in order to achieve desired results or must remove the non-applicable service expectations. Flawless Photo Retouching & Design services may be applied to 1 specific photo or product, unless otherwise indicated. A retouching product refers to the multiple services rendered to each individual image. The client agrees that Flawless Photo Retouching shall provide retouching & design services to the best of our abilities in accordance with the services or products selected. Every effort will be made to insure your satisfaction according to industry standards. Any artistic interpretations by Flawless Photo Retouching will be deemed acceptable and correct. If you are not satisfied with your image retouching or design through fault of Flawless Photo Retouching your retouching & design will be re-done. This disapproval or requested changes must be communicated in writing before products are ordered or expenses incurred. If a change or element of dissatisfaction is found after products have been ordered or delivered, the cost of the change or replacement of the product will be at the expense of the client. Any dissatisfaction due to the misinterpretation or misunderstanding of Flawless Photo Retouching's products or services or incorrect selection of products or services is at the fault of the client with any replacement of products to be incurred by the client. With regard to retouching, notification of dissatisfaction must be received within 3 days of delivery of the retouched/fixed photo. Flawless Photo Retouching allows 1 Set (one correspondence of changes that are different from what was initially/previously requested within the services rendered) of changes to be made once the image has been sent. The client must correspond with Flawless Photo Retouching within 3 days of receiving the image. Any additional time past 3 days will be deemed as approval of retouching and accepted by the client with no further changes permitted. All services will be considered redeemed 3 days after delivery of retouched/fixed images. The client may not replace or change any or all of the initial photo(s) submitted. Regardless of the immediacy to retract or any error involved in the submission. Flawless Photo Retouching is granted total artistic control over the final image. Any requested retouching over the above specified 1 set of changes will be billed at a minimum of $10 per change. Flawless Photo Retouching does not take responsibility for the clients misinterpretation of our retouching services. We cannot be responsible for dissatisfaction due to circumstances beyond our control. If the retouching charge must be refunded, Flawless Photo Retouching will have no further obligation to the client.
With regard to album design, album ordering, design, printing, cards or any physical products. Notification of dissatisfaction of design changes must be received within 3 days of album design posting. Flawless Photo Retouching allows up to three revisions, however these changes must be new changes. We do not allow unlimited changes for as a way to view versions of design styles. Once a change is requested and made it must be kept. Sets of changes must be complete in nature with correspondence of changes that are different from what was initially/previously requested. The client must correspond all changes or request with Flawless Photo Retouching in writing. Flawless Photo Retouching is granted total artistic control over the final design. Flawless Photo Retouching does not take responsibility for the clients misinterpretation of our album products or album design services. We cannot be responsible for dissatisfaction due to circumstances beyond our control. If changes to physical products are requested they will be done at the clients expense. Additionally once physical products are received by the client, any errors, physical damage or blemishes to the physical product must be communicated in writing to email@example.com within 24 hours of receipt. Flawless Photo Retouching is not responsible for the clients use, storage, handling or care of the products delivered by Flawless Photo Retouching. Any product replacements requested after the 24 hour receipt of the product will be at the clients expense.
All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. Under no circumstances will Flawless Photo Retouching be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services. If you do not have the right to submit Content for use, it may subject you to liability. Flawless Photo Retouching will not be responsible or liable for any use of your provided Content by Flawless Photo Retouching in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You further represent that you are the copyright owner and hold Flawless Photo Retouching harmless against any claims with regard to the Content that you submit.
Flawless Photo Retouching reserves the right to deny services of any kind when we see necessary. Images will be deemed unfit for retouching based on our sole discretion in addition to some of the below reasons. (i) Copyright Infringement: If Flawless Photo Retouching perceives copyright infringement of any kind. (ii) Commercial Use: Flawless Photo Retouching offers retouching services for personal use only, unless otherwise specified, and will not participate in the enhancement or retouching of photos used for business purposes of any kind, or for the promotion of any product or service. (iii) Adult Content: At no time will images containing any Adult content be retouched or enhanced by Flawless Photo Retouching under any circumstance. (iv) If Flawless Photo Retouching perceives in any way that the services rendered and alterations of images are for the intent to deceive or persuade the judgment or perception of a product, persona or situation of any kind, in addition to the degradation of character or any use of our services not entered to in good faith or with mal intent.
Flawless Photo Retouching respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to refuse service to Content alleged to be infringing without prior notice and at our sole discretion. Under this agreement I grant without limitation the right to retouch, edit, mix, duplicate, design and to use or re-use the Image or Product in whole or in part as Flawless Photo Retouching may elect. Whether recorded on or transferred through photographs, video, video broadcast, film, electronically or other means now known or later developed. I also grant Flawless Photo Retouching and its designees the exclusive right to broadcast, exhibit, advertise, market and otherwise distribute and make reproductions of the photographs, in which I appear and those submitted to Flawless Photo Retouching, either in whole or in part, and either alone or with other products for any purpose that Flawless Photo Retouching or its designees in their sole discretion may determine. I confirm that I have the right to enter into this Agreement, that I am not restricted by any commitments to other parties, and that Flawless Photo Retouching has no financial commitment or obligations to me as a result of this Agreement. I hereby expressly release and indemnify Flawless Photo Retouching and its officers, employees, agents and designees from any and all claims known and unknown arising out of or in any way connected with the above granted uses and representations. The rights granted to Flawless Photo Retouching herein are perpetual and worldwide.
Flawless Photo Retouching makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of Services, Products or any content thereon. Flawless Photo Retouching will not be responsible or liable for any harm to the data or content provided. Flawless Photo Retouching makes no guarantees to back up, store, or keep on file any finished products that have been previously delivered. You also agree that Flawless Photo Retouching has no responsibility or liability for the deletion of, loss of data or the failure to store any Content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLAWLESS PHOTO RETOUCHING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New York City, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.
These Terms and the Non-Commercial Use terms are the entire and exclusive agreement between Flawless Photo Retouching and you regarding the Services or Products. These terms supersede and replace any prior agreements between Flawless Photo Retouching and you regarding the Services or Products.