Before you submit your photos to Perfect Photo
Fixing.com (herein referred to as "we", "us", or "PerfectPhotoFixing"),
please read the following Terms of Use carefully. These Terms govern your
access to and the use of the PerfectPhotoFixing service ("Service").
If you agree to these Terms, and wish to use the Service, please click
on the "Send Photos" button on our send photos page. This will
constitute a binding agreement between you and PerfectPhotoFixing. Your
access to and use of the Service are expressly conditioned on your compliance
with these Terms. Note that any violation of these Terms may result in
termination of our Service to you.
PerfectPhotoFixing reserves the right to change these Terms
at any time. Please refer to this site periodically for any changes. By
continuing to access or use the Service after PerfectPhotoFixing makes
any such changes, you agree to be bound by any such revised Terms.
Your Submissions
You will submit your own photos to PerfectPhotoFixing for
enhancement and modification. Under these Terms, you agree that you will
NOT post, place or transmit any of the following material or obtain any
such material using the Service:
- Any threatening, defamatory, abusive, obscene, pornographic,
inappropriate or profane material or any other material that could
give rise to any civil or criminal liability under applicable law. PerfectPhotoFixing
recommends you use an "adult-content" warning label when
images are being shared that include legal adult content
- Any material that could infringe rights of privacy, publicity, copyrights
or other intellectual property rights without the permission of the
owner of these rights and the persons (or their parents or legal
guardians, where
applicable) who are shown in the material if applicable
- Any material sent from an anonymous or false email address
- Any material that promotes bigotry, racism, hatred or harm against
any individual or group
- 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 or hardware or telecommunications
equipment
- Any material which may provide material support or resources
(or to conceal or disguise the nature, location, source,
or ownership of material support
or resources) to any organization(s) designated by the United
States
government as a foreign terrorist organization pursuant to
section 219 of the Immigration
and Nationality Act
- Any material depicting or simulating pornographic acts with
a child under the age of 18 or which may otherwise be considered
child
pornography. PERFECT
PHOTO FIXING WILL REPORT ALL SUSPECTED INCIDENTS OF CHILD
PORNOGRAPHY TO LAW ENFORCEMENT AND WILL PROVIDE LAW ENFORCEMENT
WITH ANY
PHOTOGRAPHS WHICH
IT BELIEVES DEPICT CHILD PORNOGRAPHY.
While PerfectPhotoFixing
is not responsible for, and does not review or comment on the content
of Submissions provided by PerfectPhotoFixing
users, PerfectPhotoFixing reserves the right in its discretion
to (i) delete, move or edit Submissions that it, in its
sole discretion, deems abusive, defamatory, obscene, inappropriate,
or in violation of copyright or trademark laws, or otherwise
unacceptable, or (ii) take any other action that PerfectPhotoFixing
deems necessary relating to use or misuse of the Service.
PerfectPhotoFixing may request confirmation of the copyright or trademark
ownership
from the submitter. If PerfectPhotoFixing does not receive
any such confirmation or if there are continued claims of copyright
or trademark infringement relating to certain Submissions,
PerfectPhotoFixing reserves the right to (i) suspend the order relating
to the Submission
in question, and/or (ii) share the submitter's account
information with governmental organizations, law enforcement authorities
or other third parties. If you, as a submitter, dispute
any copyright or trademark infringement claims, we will share with you the
contact information of any party claiming any such infringement.
In the event of any such dispute, PerfectPhotoFixing reserves
the right to suspend the display, viewing or sharing of
any
Submissions until the issue has been resolved. You hereby grant to
PerfectPhotoFixing a non-exclusive, royalty-free license to use, publish,
copy,
modify, transmit, display and distribute your Submissions
for the sole purpose of delivering the Service. In addition, you
warrant that all moral rights in any Submissions and uploaded
materials have been waived and do hereby waiver any such
moral rights.
Your physical or electronic sharing of your images constitutes
permission for reprinting by the recipient. PerfectPhotoFixing
will not be liable for the content of any Submission and, as
further set forth herein, expressly and fully disclaims all
liability relating thereto.
Copyright Notice
Each image submitted is required by US law to own the right to, or to obtain
permission to, use any image before the image is uploaded or printed at PerfectPhotoFixing.
At PerfectPhotoFixing's discretion and in appropriate circumstances, PerfectPhotoFixing
may terminate the accounts of users or prevent access to the Service by users
who infringe the intellectual property rights of others.
Age Requirements
You must be at least 13 years of age to use our Service. If you, your parent
or guardian, have any concerns please feel free to contact us.
Use and Storage
You acknowledge that PerfectPhotoFixing may establish general practices
and limits concerning use of the PerfectPhotoFixing service, including without
limitation the maximum number of days that PerfectPhotoFixing may retain
photographic material or other Submissions sent to PerfectPhotoFixing. You
agree that PerfectPhotoFixing has no responsibility or liability for the
deletion or failure to store any Submissions. You acknowledge that
PerfectPhotoFixing reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that PerfectPhotoFixing
reserves the right to modify these general practices and limits from time
to time.
Indemnification
You agree to indemnify, defend and hold us, our officers, members, managers,
employees, agents, licensors, suppliers and any third-party information providers
to the Service harmless from and against all claims, liabilities, losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from (i) any violation of these Terms, or any activity related to access
to or use of your account (including negligent or wrongful conduct) by you
or any other person accessing the Service using your account and/or (ii)
a claim that a Submission infringes third party intellectual property rights.
Claims
Any action hereunder must be brought, if at all, within 6 month from the
accrual of the cause of action. The parties agree that these Terms and
any claims hereunder shall be governed by and subject to the state and
federal laws of the state of North Carolina, without regard to its conflict
of law provisions, and hereby consent to jurisdiction and venue in the
courts of New Hanover County, North Carolina.
Export
You agree to comply with all local, national and international rules
regarding online conduct and acceptable content. Specifically, you agree
to comply
with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
Payment
Once payment is successfully processed, your photo project can begin.
All payments are to be made by Paypal and a receipt of services
will be sent directly from
Paypal. We are in no way responsible for Paypal or its website. We
are only limited to accepting payments from them on your behalf. Completed
photo projects
are
generally returned to you within 24 hours of payment receipt.
Disclaimer of Warranties
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH PERFECTPHOTOFIXING
'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
PERFECTPHOTOFIXING AND ITS OFFICERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS,
PARTNERS AND LICENSORS MAKE NO WARRANTY THAT PERFECTPHOTOFIXING'S SERVICE
WILL MEET YOUR REQUIREMENTS OR THAT THE ENHANCED PHOTOGRAPHS WILL MEET YOUR
EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PERFECTPHOTOFIXING EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PERFECTPHOTOFIXING MAKES NO
WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. PERFECTPHOTOFIXING MAKES NO WARRANTY REGARDING ANY SOFTWARE,
GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS,
COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED,
ACCESSED OR OBTAINED THROUGH PERFECTPHOTOFIXING'S SITE OR ADVERTISED THROUGH
PERFECTPHOTOFIXING SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM PERFECTPHOTOFIXING OR THROUGH THE SITE OR SERVICE WILL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
SHALL PERFECTPHOTOFIXING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF
PERFECTPHOTOFIXING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT
RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, PERFECTPHOTOFIXING'S
SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF
A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT PERFECTPHOTOFIXING IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER,
PERFECTPHOTOFIXING WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR
ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH
THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF PERFECTPHOTOFIXING
TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE
IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO PERFECTPHOTOFIXING FOR ACCESS
TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Intellectual Property
PerfectPhotoFixing will have the right to investigate and prosecute any
violations of intellectual rights infringement and/or web site security issues,
to the fullest extent of the law. PerfectPhotoFixing may involve and cooperate
with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that PerfectPhotoFixing has no obligation to monitor your
access to, or use of, the Service, but has the right to do so for the purpose
of operating the Service, to ensure your compliance with these Terms or to
comply with applicable law or the order or requirement of a court, administrative
agency or other government body.
Miscellaneous
We may assign our rights and responsibilities hereunder without notice to
you.
Unless otherwise specified herein, these Terms and the Privacy Policy constitute
the entire agreement between you and PerfectPhotoFixing and its affiliates
with respect to this Site and supersedes all prior or contemporaneous communications
and proposals (whether oral, written, or electronic) between you and PerfectPhotoFixing
with respect to this Site. If any part of these Terms or the Privacy Policy
is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full
force and effect.
Any questions please email us at: info@perfectphotofixing.com
