Terms of Service
Last updated: October 07, 2020
- Rights to Use Image
- Disclaimer of Warranties
For best results, please submit high quality images of products, with good lighting conditions and resolution not less than requested output file resolutuion. ProductRetouch works hard to make sure the edited images it returns to You are of best quality that can be achieved with your source images. The returned image will be accepted by You upon receipt, unless within fourteen (14) days You contact ProductRetouch though email and detail an fix by ProductRetouch with respect to the image. ProductRetouch is committed to customer satisfaction and will work with You to correct any issues including but not limited to re-performing its services to correct such an error. You will review any corrected image and accept or reject the same in accordance with this Section 1 (“Images”). This process shall repeat itself until the returned image is accepted. ProductRetouch deletes from its system all images approximately thirty (30) days after their respective acceptance. ProductRetouch is not responsible for the quality of returned images if the image You originally submitted is not of propper quality.
ProductRetouch returns the images to You via file transfer service (wetransfer.com or similar), Email, or any other requested ways to transfer data through the web.
Although ProductRetouch utilizes means to make Your edited image available only to You, there are inherent security limitations in a public web address which ProductRetouch cannot and will not rectify and for which ProductRetouch will not be liable. ProductRetouch will use commercially reasonable efforts to deliver Your image as soon as possible. In rare instances, particularly large orders may surpass ProductRetouch’s processing capacity delay a delivery.
The price of the service ordered is based on ProductRetouch’s quote given as a result of Free Trial request. ProductRetouch reserves the right to change price for items who's complexity is different from those quoted during Free Trial request. Payment for the jobs done is performed after images are completed and accepted by You. All payments shall be made in United States Dollars. ProductRetouch may consider extending a line of credit to large volume, repeat customers on a case by case basis, in which circumstance ProductRetouch will invoice such customers on a monthly basis. You are responsible for paying any applicable taxes, duties or tariffs relating to your order. Free trials are limited to product images only (e.g., no pet, person, logo or landscape images) and machine-like or automated submissions (e.g., multiple free trial requests from the same IP address) will not be accepted.
You are solely responsible for the images you submit. ProductRetouch reviews submissions for inappropriate material and reserves the right in its sole discretion to reject any image for any reason or no reason; however, ProductRetouch’s acceptance of an image for processing should not be construed as a determination of Your rights to use the image. By submitting an image to ProductRetouch, You represent and warrant that You have the legal authority to enter into this Agreement, that you have the right to use any credit card(s) or other payment means used to initiate any transaction, that any images You submit to ProductRetouch do not contain any materials (such as malicious software code or viruses) that may harm ProductRetouch’s or its subcontractors’ property, and You hereby grant ProductRetouch a non-exclusive, worldwide, transferable, royalty-free, sublicensable (through multiple tiers of sublicenses including but not limited to ProductRetouch’s subcontractors) perpetual, irrevocable license under all intellectual property rights throughout the world (including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to reproduce, modify, edit, make derivate works from, distribute (through multiple tiers), publicly perform and display and otherwise use the image as reasonably necessary for ProductRetouch and its subcontractors to perform the services You requested hereunder. You agree to indemnify and hold harmless ProductRetouch, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims, liabilities or expenses (including without limitation attorneys’ fees) that arise directly or indirectly from Your breach of this Agreement.
The use of ProductRetouch services grants ProductRetouch permission to use your name or logo in any ProductRetouch' marketing material to identify You as a ProductRetouch customer.
Except for the procedure set forth in section 1 (“images”), the services are provided “as is”. Neither ProductRetouch nor its licensors or subcontractors makes any warranties, express, implied or statutory, regarding the services provided hereunder. All implied warranties as to satisfactory quality, performance, mechantability, fitness for particular purpose or noninfringement are expressly disclaimed. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to you.
In no event will ProductRetouch, its licensors or subcontractors be liable to you for any special, incidental, consequential, indirect, punitive or exemplary damages of any kind, including but not limited to any lost profits, revenue, savings, business, data or goodwill, however used, whether for breach or repudiation of contract, tort, breach of warranty, negligence, or otherwise on any theory of liability, whether or not productretouch or a licensor or subcontractor of productretouch was advised of the possibility of such loss or damages. Notwithstanding any other provisions of this agreement, ProductRetouch and its licensors and subcontractors’ total liability to you arising from or in relation to this agreement or ProductRetouch or its subcontractors’ performance of the services shall be limited to the total payments to ProductRetouch for the services performed on the relevant image. In no event will ProductRetouch or its licensors or subcontractors be liable for the cost of procurement of substitute goods or services. The foregoing limitations shall not apply to damages arising from death or personal injury to persons or tangible property in any jurisdiction where such limitation is prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so such exclusions may not apply to you.
This Agreement shall be effective from the date You submit an image to ProductRetouch until the date the returned image is deemed accepted, provided that ProductRetouch may terminate this Agreement at any time and will return the fees paid by You for any image that ProductRetouch has not edited and ProductRetouch may or may not in ProductRetouch’s sole discretion return fees paid for edited images not yet deemed accepted. Sections 3-7 of these Terms of Services, and any other provisions by their very nature, shall survive the expiration or termination of this Agreement.