1. CONTRACTUAL RELATIONSHIP
Your access and use of the Site constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and the LightHouse. If you do not agree to these Terms, you may not access or use the Site and request the Services provision. These Terms expressly supersede prior agreements or arrangements with you. We may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event or activity, and such supplemental terms will be disclosed to you in connection with the applicable Services in the specific rules, policies, etc. Supplemental terms are in addition to and shall be deemed a part of these Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
We may amend these Terms from time to time. Amendments will be effective upon such updated Terms or supplemental terms posting on the Site. Your continued access or use of the Services after such posting constitutes your consent to be bound by these Terms, as amended. 2. THE SERVICES
The LightHouse is a platform that provides photo retouching and graphic design services to the users who have submitted the form through the Site requesting the Services provision (hereinafter the "User"). We accept orders placed directly through the Site submittal form. While submitting the request for the Services provision the User shall provide us with the photos to be retouched (hereinafter the "User Content"). The User Content may be submitted to us by providing the link to the data storage offered in the form where the User's content is currently stored or upload the User content from your device.
Unless otherwise agreed by the LightHouse in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, royalty-free, non-sublicensable, revocable, non-transferable license to: (i) access and use the Site on your personal device solely in connection with your use of the Site; and (ii) access and use any content, information and related materials that may be made available through the Site, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by the LightHouse and the LightHouse's licensors.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by the LightHouse; (iii) decompile, reverse engineer or disassemble the Site except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Site; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site; or (vi) attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks.
THIRD-PARTY SERVICES AND CONTENT
The Site and all rights therein are and shall remain the LightHouse's property or the property of the LightHouse's licensors. Neither these Terms nor your use of the Services conveys or grant to you any rights: (i) in or related to the Site except for the limited license granted above; or (ii) to use or reference in any manner the LightHouse's names, logos, product and service names, trademarks or services marks or those of the LightHouse's licensors.
YOUR USE OF THE SITE
The Site may be accessed and the Services may be ordered by the Users who are at least 18 years of age, or the age of legal majority in their jurisdiction (if different than 18). You agree to comply with all applicable laws when using the Site, and you may only use the Site for lawful purposes.
We reserve the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site or the Services provision upon discovery that any information you submitted in any form or other conduct otherwise violates these Terms, anybody's rights, or which is misleading causes or may cause any moral or material damage, or which is used for fraud or selfish purposes which violate the law or for any other reason or no reason at our sole discretion.
You are responsible for all activity that occurs while using the Site and during the whole Services provision period.
By requesting the Services provision, you agree that we may send you an informational email as a part of the normal business operation of your use of the Site and Services. You may opt-out of receiving such email from the LightHouse at any time by contacting Customer Support at email@example.com.You acknowledge that opting out of receiving such email may impact your use of the Site. 3. PERFORMANCE OF THE SERVICES
You may place the order for the Services through the Site submittal form 24 hours per day 7 days per week. We process all your orders during our business hours from Monday to Friday from 9 am to 9 pm (UTC+ 02:00).
While ordering the LightHouse's services you may submit a link to the data storage with your User Content or upload such User's Content by means acceptable by the Site. However, we reserve the right to determine the format in which the User Content shall be uploaded, and the allowable size of the files you wish to upload. If the file size exceeds the allowable size or file format is not specified in the list of acceptable file formats, you may not be able to upload such User Content.
Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to use, copy and publicly display in any manner such User Content in all formats only with the purpose to demonstrate our portfolio without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. In any case, User content uploaded by you to the Site will be used as specified above only in the non-personified form by the LightHouse without any personal data it may contain.
In case you would like to make you User content private you shall inform the LightHouse while the order submitting and the privacy fees will be applied to the total costs of the Services provided for you.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases (including model release) necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the LightHouse in its sole discretion, whether or not such material may be protected by law.
PROCEDURE OF THE SERVICES PERFORMANCE
After you submit the request for the Services provision as specified above our professionals will review the User Content you uploaded to evaluate the scope of work to perform for each photo individually and then we inform you about the total cost of the Services for your case and the approximate deadline of the Services provision.
In case you wish to order urgent Services, please inform us and urgent fees will be applied to the total cost of the Services provision to you.
The total cost of the Services shall be paid in advance. We will start to retouch your photos only after we receive a notification from the payment processing system about full payment from you. Please notice, the term of the Services provision will start from the time of the full payment notification receipt from the payment processing system.
You also may order free trial retouching for one photo. Such trial retouching includes basic portrait retouching: color correction; exposure adjustment; skin retouching, eyes/teeth enhancement. Any background manipulations; fashion/beauty retouching; jewelry retouching; real estate photo editing etc. are not included in the trial retouching.
In the case of free trial retouching, you will receive your retouched photo with our watermark.
As our free trial retouching is provided on TFP base (Trade For Print/Portfolio), you agree that we may use your free sample photo and/or the Before and After comparison with a photo credit to you in our portfolio/social media because we contribute our time.
THE SERVICES QUALITY AND REFUND POLICY
We make our best efforts to deliver the Services of great quality to you. However, the colors on the same photo may look different due to the device it is demonstrated. Although we use special calibrator equipment, sometimes it may not solve this issue at all. CONSIDERING THIS FACT, WE DISCLAIM ANY AND ALL LIABILITY ON THE COLORS OF THE PHOTOS AFTER THE SERVICES PERFORMANCE DUE TO THE UNPREDICTABLE FEATURES OF EACH DEVICE THE PHOTOS WILL BE DISPLAYED ON.
If you are not satisfied with our work, we offer 3 (three) rounds of revisions within 30 days of delivery. However, we do not provide any refund policy for any reason including the case with different colors of the same photo, because we spend time and human resources for each photo retouching and there is also the flexible system of edits round we offer.
PROCEDURE OF THE SERVICES ACCEPTANCE
The deadline for the Services provision includes the edits rounds. During the editing round, you shall make comments regarding the current version of the photo and describe all amendments you would like to see in the final version of the photos. We will send a notification to your email about the beginning of the edits rounds. All comments by you shall be made during 30 hours after receipt of the photos. In case you exceed the term for reply, the deadline will be automatically postponed for the appropriate delay time of your reply.
The amount of the edits rounds is not fixed but it cannot exceed one edits round for each three days of the Services provision. We reserve the right to refuse the next edits round if we decide that the next edits requested by the User are out of the scope of works agreed before the Services provision has started and are not covered by the total cost of the Services. In case you agree to pay additional cost for such edits round, we will perform it after the full payment of the additional cost in accordance with the rules of prepayment specified above.
The final version of all photos will be sent to your email after the last edits round within the deadline.
In any case, we reserve the right to cancel the Services provision and/or the order or to suspend using the Site at any time for any reason at our sole discretion.
Our prices are quoted in US dollars for the Users around the world. The rates for our Services vary depending on each project's specific needs and are determined by our professionals as specified above. If any pricing is published on the Site it is given for a reference only.
All payments for our Services are processed through and on the side of 2CheckOut payment service (hereinafter "2CheckOut"). You may choose from PayPal, Visa, MasterCard and other payment options represented at 2CheckOut. We do not process any payments and we do not receive and/or collect any payment details provided by you to 2CheckOut.
You agree that billing information that you submit is accurate. In case it's not full and accurate, the payment will not be processed and you will not be able to order the Services.
The payment transactions are provided on an "as-is" basis. To the fullest extent permitted by applicable law, we disclaim, and make no representations or warranties of any kind, express or implied, that payment transactions will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error or will contain any particular features or functionality.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Site and Services. Your device network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and Services. We do not guarantee that the Site, or any portion thereof, will function on any particular hardware or devices. In addition, the Site may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 4. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SITE, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE AND THE SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SITE OR THE SERVICES OR THE RESULTS OF THE SERVICES PROVISION OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US 500).
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold the LightHouse and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Site or Services obtained through your use of the Site; (ii) your breach or violation of any term of these Terms; (iii) our use of your User Content; or (iv) your violation of the rights of any third party, while using the Site and/or the Services. 5. DISPUTE RESOLUTION
You acknowledge and agree that all disputes which arise between you and the LightHouse shall be resolved through friendly negotiations. In case all available means of negotiations are exhausted, the disputes shall be brought to the London Court of International Arbitration (LCIA) and shall be resolved according to the LCIA Arbitration Rules. The amount of arbitrators shall be one, the language of the arbitration shall be English.
CLASS ACTION WAIVER
This arbitration provision affects your ability to participate in class, collective or representative actions. Both you and the LightHouse agree to bring any dispute to arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding.
6. OTHER PROVISIONS
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to our Customer Support at: firstname.lastname@example.org.
We may give you notice of any matter regarding these Terms by means of electronic mail to your email address. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending.
You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) an acquirer of the LightHouse's equity, business or assets; or (ii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and the LightHouse as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the LightHouse in writing.
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