Welcome to the
onlinephotoretouching.com web site. We maintain this web site as a service to our visitors
and customers. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use our site. The term “OPR” or “us” or “we” or “our” refers to
OnlinePhotoRetouching.com, the owner of the Web site. The term “you” refers to the user/customer of our web site.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Copyright.
The content, organization, graphics, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Trademarks.
OPR, OnlinePhotoRetouching.com are the trademarks/registered trademarks of OnlinePhotoRetouching.com in Canada and/or other countries. All other trademarks and registered trademarks are the property of their respective owners.
Refund and Return Policy.
In the event that you are dissatisfied with the service provided to you by OPR, we will provide you with a revision of the image at no cost. If, after the revision is complete, you are still not satisfied with the image, we will provide you with a full refund. Please make sure that you provide details to help us perform the changes necessary for a satisfactory revision. We will review the revision comments, and will rework the photo as long as it is within the defined parameters of the service offering originally purchased. To submit image for a revision please email image and comments to
customercare@onlinephotoretouching.com
Limited Right of Use.
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Order Completion & Delivery.
After your order has been complete, you will be notified via e-mail to view and download your pictures via the internet. Depending on the quantity of ordered pictures delivery time will vary from 5 hours to 48 hours. For large quantity orders delivery time will be discussed with you before beginning of order processing. The photo files will be kept on our server up to 90 days, after which the files will be archived from website to private storage space. Your files will be still available upon special request after 90 days. If you are unable to download the pictures, please notify us at
support@onlinephotoretouching.com. We can provide alternative way of delivery, please contact us by email
support@onlinephotoretouching.com or
customercare@onlinephotoretouching.com to discuss.
Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print , republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom, unless original document was provided by you to the Site, and you hold exclusive rights for the item; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of Canada.
Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Privacy Policy.
Our
Privacy Policy, as it may change from time to time, is a part of this Agreement.
Payments.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Disclaimer.
The information, content and documents from or through the site are provided "as-is," "as available," with "all faults", and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. As the user, you understand and acknowledge that the sumbission, download, upload, of any material through the OPR site is done at your own discretion and risk. you will be solely responsible for any loss or damage to your pictures. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
Limitation of Liability.
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from any errors in or omissions from the Site or any services or products obtainable therefrom, the unavailability or interruption of the Site or any features thereof, your use of the Site, the content contained on the Site, or any delay or failure in performance beyond the control of a Covered Party. The aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.
Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.
Right To Refuse Service.
OnlinePhotoRetouching.com reserves the right to terminate any account at any time. Partial refunds will be offered in this case. Accounts attempting to promote inappropriate content, as described above, will be subject to immediate termination. If such material is found to violate any corresponding local, state, or federal laws, the proper authorities will be notified. Further, we reserve the right to refuse membership to any person at any time.
Use of personal information.
We pledge not to post, distribute, sell or use any personal information collected through this Site for any purpose other than communication between us and you. Upon your request, we will remove from our database any personal information collected through this site.
Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Ontario, Canada, and shall be governed by and construed in accordance with the laws of the province of Ontario (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.