Welcome to the ThePhotoRetouchers web site ("ThePhotoRetouchers Site"),
provided to you by Photos Retouching Services. These Terms of Service govern your
use of the ThePhotoRetouchers Site and the services provided through the ThePhotoRetouchers
Site. Your acceptance of these Terms of Service, as modified from time to time,
creates a binding legal contract. Please read the following Terms of Service carefully.
If you have any questions regarding the Terms of Service, please contact
Eligibility for Service
In order to be eligible for service by ThePhotoRetouchers, you must provide
all required information including your name and an accurate and legitimate email
address. The use of ThePhotoRetouchers' service is also governed by the Privacy
Statement for ThePhotoRetouchers. Please review our Privacy Statement.
User ID Registration
In order to obtain access to the ThePhotoRetouchers Site, you must first register
by entering a valid email address as your User ID and provide a password. This will
enable you to control access to your photos on the ThePhotoRetouchers Site.
Use of the ThePhotoRetouchers Site is also limited to one account per natural
person,representative of a company, and ThePhotoRetouchers reserves the right
to delete multiple accounts at our sole discretion and without notice.
Conditions for Service
As condition of your use of the ThePhotoRetouchers Site and ThePhotoRetouchers's
services, you shall not:
Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography,
including, but not limited to, child abuse, child pornography, depictions of minors
engaged in sexual conduct or explicitly sexual situations, or any other material
that could give rise to any civil or criminal liability under applicable state or
federal law, or violating any laws or regulations of any governing body having jurisdiction
over ThePhotoRetouchers, its affiliates or users.
- Upload, post, email or otherwise transmit any content that is unlawful, harmful,
threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy,
hateful, or otherwise objectionable;
- Upload, post, email or otherwise transmit any content that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements) or any content
that infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
- Upload, post, email or otherwise transmit any material that depicts the harming
of minors or animals in any way;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any
content transmitted through the ThePhotoRetouchers Site;
- Upload, 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;
- Interfere with or disrupt (or attempt to interfere with or disrupt) the ThePhotoRetouchers
Site or servers or networks connected to or with the ThePhotoRetouchers Site,
or disobey any requirements, procedures, policies or regulations of networks connected
to or with the ThePhotoRetouchers Site;
Unacceptable actions and content on the ThePhotoRetouchers Site, listed above,
will constitute grounds for blocking your access to the ThePhotoRetouchers
Site, removal of posted photos and non-fulfillment of your order. Moreover, ThePhotoRetouchers
reserves the right to disclose any information posted by you to the relevant government
authorities to satisfy any law, regulation or government request.
Availability of Finished Work
After notice has been issued that photo(s) file(s) are finished and are available
for download, the photo file(s) will remain on our servers for a period of 7 days,
after which the file(s) will be deleted. If you cannot complete the download of
the picture(s), notify us at email@example.com and the file(s) will
be made available for an additional 7 day period or an alternate method of delivery
will be arranged.
All of the content or other works that are made available to you on the ThePhotoRetouchers
Site (together, the "Content") is protected by copyright or other proprietary rights,
where applicable. You are not entitled to duplicate, create derivative works of,
distribute, display or perform any Content without the express permission of the
owner of that Content.
ThePhotoRetouchers has taken reasonable measures to protect your rights and
to protect your photos from unauthorized access and display. However, in order for
us to provide you with the services you requested, you agree that we can, solely
in connection with providing these services you request, display, modify, transmit
or distribute your photos; and Acknowledge that you are the owner of the copyrights
to the photos you post or transmit to us, or that you have the permission of the
copyright owner to post or transmit the photos.
If you believe your copyright in a work has been violated through the ThePhotoRetouchers
Site or ThePhotoRetouchers's services, please contact
No Monitoring of Content
ThePhotoRetouchers does not control the content of any user's photos and does
not have any obligation to monitor such content for any purpose. All content provided
by a user of the ThePhotoRetouchers Site is the sole responsibility of that
user, not ThePhotoRetouchers.
If you are ever dissatisfied with our retouching service, we will provide a reworked
image. We ask that the unsatisfactory images be returned to us with detailed comments
to help us to perform the needed changes and to enable us to continue to provide
the best quality services in the future. Redo comments will be reviewed, and if
within the defined parameters of the service offering, it will be reworked mutually
Disclaimer of Warranty and Limitations of Liability
THE PHOTORETOUCHERS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH
IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
TO THE FULLEST EXTENT PERMITTED BY LAW, THEPHOTORETOUCHERS DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THEPHOTORETOUCHERS
SITE. THEPHOTORETOUCHERS FURTHER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED
BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVERTISEMENT OBTAINED THROUGH
YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO TO
THEPHOTORETOUCHERS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH
THEPHOTORETOUCHERS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PHOTOS, AND ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD
OF ANY MATERIAL.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPHS, TO THE FULLEST EXTENT
ALLOWED BY LAW, THEPHOTORETOUCHERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, EVEN IF THEPHOTORETOUCHERS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS,
WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.
Shipping & Delivery
All images are delivered via the internet. Once your order is completed, you will
receive an email notice with details of how to download the completed pictures.
Typical delivery is within two days of order submission.
By using the ThePhotoRetouchers Site, you agree to indemnify and hold harmless
ThePhotoRetouchers and its parents, subsidiaries, affiliates, officers, consultants
and employees from any and all claims and expenses, including attorney's fees, arising
from your use of ThePhotoRetouchers's services.
Termination of Service
ThePhotoRetouchers may terminate its service to you through the ThePhotoRetouchers
Site at any time, without notice, for any conduct in violation of these Terms of
Service or any other policies or guidelines set forth by ThePhotoRetouchers
on the ThePhotoRetouchers Site (the "Policies"). ThePhotoRetouchers
reserves the right to take all appropriate measures to enforce ThePhotoRetouchers's
ThePhotoRetouchers may terminate its service to you through the ThePhotoRetouchers
Site at any time, without cause, by providing written notice. An email sent to the
email address that you registered as your ID shall constitute written notice. In
the event of a Termination of Service without cause, ThePhotoRetouchers will
refund any monies paid for services that have not been performed.
All legal issues arising from or related to the use of the ThePhotoRetouchers
Site or ThePhotoRetouchers' services shall be construed in accordance with
the laws of the Government of India. Any disputes will be settled, subject to Ahmedabad,Gujarat,India
Jurisdiction only, without regard to conflicts of law principles.
These Terms of Service constitute the entire agreement between you and ThePhotoRetouchers
with respect to the use of the ThePhotoRetouchers Site and any ThePhotoRetouchers
services. ThePhotoRetouchers's failure to enforce any right or provision in
these Terms of Service shall not constitute a waiver of such right or provision
or of any other rights or provisions in these Terms of Service. If a court should
find that one or more rights or provisions set forth in these Terms of Service are
invalid, the remainder of the Terms of Service shall be enforceable and the invalid
provision shall be enforceable to the fullest extent permitted by law.
ThePhotoRetouchers reserves the right to change this Terms of Service at any
time, for any reason, and without notice. It is your obligation to check back on
this Terms of Service from time to time.