PhotoFixitPro -Terms of Service

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PhotoFixitPro.com Terms of Service

This Web site is owned and operated by PhotoFixitPro.com, (www.PhotoFixitPro.com). The following terms and conditions apply to your use of our Web site. Please read them carefully before you enter our Web site. You must be at least 18 years of age to use the Web site. By using our Web site, you certify that you are at least 18 years of age and that you agree to be bound by these terms and conditions of use. If you do not agree to be bound by these terms of use or if you are not at least 18 years of age, please immediately exit the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Web site following the posting of changes to these terms (including PhotoFixitPro.com’s Privacy Policy) will mean you accept those changes.

1. Limitation of Liability
Neither PhotoFixitPro.com, nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs or Products.

2. Ownership of Our Web site
All of the content (other than the photographs) on our Web site, including without limitation, the graphics, design, and look and feel are owned by PhotoFixitPro.com, and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The PhotoFixitPro.com, logos are trademarks owned by PhotoFixitPro.com, and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Web site.

3. Testimonials
From time to time the site may include testimonials ("Testimonials") and the information and opinions expressed in the Testimonials are not those of PhotoFixitPro.com. Furthermore, neither PhotoFixitPro.com, nor the photographers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data or materials or to whom such data or materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in or through PhotoFixitPro.com. By submitting any testimonials on the site, you grant to PhotoFixitPro.com, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe.

4. Accounts
Your PhotoFixitPro.com account is available for your personal use. Your account can be utilized to post photographs that you wish to be restored and/or retouched and/or purchase. Any photographs in your account are password protected unless you allow other PhotoFixitPro.com, account holders access to such photographs. PhotoFixitPro.com, reserves the right to cancel or discontinue accounts which have been inactive for more than 90 days. We may do so at our discretion after sending an email warning to the address you used when you set up your account. If you do not respond to the email within 10 days, your account may be removed.

5. Content
You may NOT post or obtain any content using the Web site which: Is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. PhotoFixitPro.com, recommends you use, an "adult-content" warning label when pictures are being shared that include legal adult content; Infringes rights of privacy, publicity or copyrights or otherwise uses content 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. While PhotoFixitPro.com, does not and cannot review all content provided to it, and is not responsible for such content, PhotoFixitPro.com, reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by PhotoFixitPro.com, for the purposes of delivering the offered services. PhotoFixitPro.com, will not be liable for any content provided to it, including the photographs and any content added by account holders.

6. Indemnification
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by PhotoFixitPro.com, , or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this Web site, you agree to indemnify and hold PhotoFixitPro.com, , its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.

7. Photographs and Products
All of the photographs featured on our Web site were created by photographers who have provided them to PhotoFixitPro.com. The copyrights in the photographs are owned by the photographers thereof who have licensed to PhotoFixitPro.com. Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through PhotoFixitPro.com and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier. While PhotoFixitPro.com, uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and requiring the photographers to screen the photographs posted on the Web site, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can PhotoFixitPro.com, ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please copy the thumbnail image and e-mail it to info@PhotoFixitPro.com. with a description of why you would like it removed.

8. Third-Party Software
PhotoFixitPro.com, may make software from third-party companies available to you. To download such software, you may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. This means that PhotoFixitPro.com, does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. PhotoFixitPro.com, does not offer any warranty on any third-party software you download using the Web site. Moreover, you are responsible for compliance with all local laws, and you are required to comply with U. S. export laws and regulations when you use or export any software or materials provided through the Web site.

9. Third-Party Links
PhotoFixitPro.com, may provide links to third-party sites that might be of interest to you. PhotoFixitPro.com, has no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.

10. International Use
PhotoFixitPro.com, makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

11. Disclaimers
THIS WEB SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE PROVIDED "AS IS" AND PHOTOFIXITPRO.COM, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. PHOTOFIXITPRO.COM, DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOFIXITPRO.COM, DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT PHOTOFIXITPRO.COM, ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.