TERMS OF SERVICE

FOTO CORRECT TERMS OF SERVICE

PLEASE READ THE FOLLOWING TERMS OF SERVICE BEFORE SUBMITTING YOUR ORDER TO FOTO CORRECT THESE TERMS OF SERVICE ALONG WITH ALL RULES AND POLICIES RELATING TO ’S SERVICES AS STATED ON FOTOCORRECT WEBSITE, INCLUDING FOTOCORRECT PRIVACY POLICY, (COLLECTIVELY, THE “AGREEMENT”) WILL PROVIDE YOU WITH INFORMATION ABOUT WHAT YOU CAN EXPECT FROM FOTO CORRECT SERVICES AND FORMS A LEGAL AGREEMENT BETWEEN US. YOUR USE OF FOTO CORRECT SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

1. Images For the best results, please submit images that meet Foto Correct guidelines for resolution and file format. Foto Correct works hard to make sure the edited images it returns to You are the quality our customers have come to expect from Foto Correct. The produced images will be deemed accepted by You upon receipt unless, within seven (7) days,

The detail an error by Foto Correct concerning the image. Foto Correct is committed to customer satisfaction and will work with You to correct any Foto Correct error as determined in Foto Correct sole discretion, including but not limited to re-performing its services to correct such a mistake. You will review any corrected image and accept or reject the same by Section 1 (“Images”). This process shall repeat itself until the returned image is deemed accepted. Foto Correct deletes from its system all images approximately thirty (30) days after their respective acceptance.

2. Delivery Foto Correct returns the images to You via a public web address (e.g., URL). Although Foto Correct utilizes means to make Your edited image available only to You, there are inherent security limitations in a public web address which Foto Correct cannot and will not rectify and for which Foto Correct will not be liable.

3. Payment The price of the service ordered shall be set forth in Foto Correct price list then in effect when Foto Correct accepts Your order. Foto Correct reserves the right to change its price list without prior notice. All payments shall be made in $, €, and £. Foto Correct will process your payment upon submission of Your order and will accept Your order upon verified payment. Foto Correct may consider extending a line of credit to large volume, repeat customers on a case by case basis, in which circumstance Foto Correct will invoice such customers on a monthly basis.

You are responsible for paying any applicable taxes, duties, or tariffs relating to your order, except taxes on Foto Correct income.

4. Rights to Use Image You are solely responsible for the images you submit. Foto Correct reviews submissions for inappropriate material and reserves the right in its sole discretion to reject any image for any reason or no reason; however, Foto Correct acceptance of an image for processing should not be construed as a determination of Your rights to use the picture.

By submitting a photograph to Foto Correct, 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 Foto Correct do not contain any materials (such as malicious software code or viruses) that may harm Foto Correct or its subcontractors’ property, and You hereby grant Foto Correct a non-exclusive, worldwide, transferable, royalty-free, sublicensable (through multiple tiers of sublicenses including but not limited to Foto Correct 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 Foto Correct and its subcontractors to perform the services You requested hereunder.

You agree to indemnify and hold harmless Foto Correct, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees, and agents from any claims, liabilities, or expenses (including without limitation, attorneys’ fees) that arise directly or indirectly from Your breach of this Agreement.

5. Marketing The use of Foto Correct services grants Foto Correct has no permission to use your Images in any Foto Correct’ marketing material.

6. Disclaimer of Warranties EXCEPT FOR THE PROCEDURE outlined in SECTION 1 (“IMAGES”), THE SERVICES ARE PROVIDED “AS IS.” NEITHER FOTO CORRECT 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, MERCHANTABILITY, 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 LIMITATIO