Retouchit Terms and Conditions of Use Welcome to the Retouchify website and/or the Retouchify mobile application! The use of our website, www.retouchifyapp.com (“Site”), and our mobile application (“App”) (collectively, the “Services”) is governed by the following Terms and Conditions of Use and Privacy Policy (“Legal Notices”). Our Services are provided by Retouchit, LLC, an Illinois limited liability company (“Company”, “we,” “our” or “us”). By using our Services through our Site or our App, whether you are a registered user, purchaser or not (“you” and “your”), you expressly agree to these Legal Notices which are provisioned to protect both you and us.
Please read these Legal Notices carefully. By using the Site, App and/or our Services, you acknowledge and represent that: 1) you have read these Legal Notices; 2) understand the Legal Notices; 3) agree to be found by the Legal Notices; and 4) you are at least 18 years old. Note that you may not use the Site, App and/or our Services unless you are at least 18 years old. If you do not agree to any of the following Legal Notices, we are unwilling to grant you access to the Site, App and/or our Services Modification to Legal Notices From time to time, we may modify or update our Legal Notices. If we do modify or update our Legal Notices, your continued use of our Site, App and/or our Services after the effectiveness of the modification or update will be deemed to represent your agreement with, and consent to be bound by, the new Legal Notices. Third Party Links We may provide links through our website that will redirect you to leave our website. We cannot guarantee that the links made available through our website will be accurate in any respect. Furthermore, the third party websites accessed through these links or on your own using our Services are developed and maintained by entities over which we have no control. Accordingly, if you access any third party website, service, or content through these links or on your own, you do so on your own initiative and at your own risk, and you agree that we will have no liability arising from your use or access to any third party website, service or content. We believe that making available hyperlinks to publicly accessible websites and webpages is legally permissible and consistent with the common, customary expectations of those who make use of the internet. General Rules Relating to Our App The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. You agree that when using our App you will comply with all applicable laws and our Legal Notices. In particular, but without limitation, you agree not to: 1) use the App in any unlawful manner or in a manner which promotes or encourages illegal activity, including, without limitation, copyright infringement; 2) attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; and 3) modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App. Company Content We agree to grant you a nonexclusive, nontransferable, limited and revocable license to access and use our Content for personal, noncommercial use only. The term “Content” means all information, text, images, videos, trademarks, logos, data, links, software, or other material accessible through our Site and/or App which was created by us. Please acknowledge that there may exist third party content, including content created by you or other Retouchify users, on our Site and/or App which does not fall under the aforementioned definition. The Content may be used solely for personal, noncommercial informational purposes. No part our Services or Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose. User Generated Content Our Services may allow users to generate, submit and/or post content User Content to, or through, our Site, App and social media accounts, including, but not limited to, facebook, instagram and twitter. The term “User Content” means all information, text, images, videos, trademarks, logos, data, links, software, or other material you publish and make accessible by third parties through our Site and/or App, whether or not created by you. You expressly acknowledge and agree that you, as the user, are in the best position to know whether the User Content you submit and/or post is in violation of any copyright, trade secret, trademark, or any other intellectual property rights of another person or entity. Our Company does not, and cannot, police or otherwise review User Content as a matter of course or policy to determine if and whether your User Content is infringing. Therefore, it is very important that you are cautious and careful when deciding whether to post and/or submit, or otherwise make the User Content available, on, or through, our Site, App and social media accounts. To better understand the laws of intellectual property, specifically copyright and fair use, please visit the United States Copyright Office website here (http://www.copyright.gov/laws/) as it has a wealth of excellent information available free to you. You therefore agree that any User Content in which you generate, submit and/or post to our Site, App and/or social media accounts using our Services does not and will not violate any law or infringe on the rights of any third party, including without limitation any intellectual Property Rights (defined below), publicity rights or rights of privacy. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, trademark, or any other intellectual property rights, or any other harm resulting from your uploading, posting or submission of User Content to our Site, App and/or social media accounts. User Content Submitted to our Company for Purchased Services Any User Content submitted to our Company for Purchased Services will be kept confidential by all persons working for Company or persons affiliated with Company and will not be disclosed to any third party. Company will take appropriate measures in order to protect the confidentiality all User Content submitted for Purchased Services. Notwithstanding the above, Company may disclose User Content submitted to our Company for Purchased Services if legally obligated pursuant to our Legal Notices or to satisfy a legal demand by a regulatory body or a court of competent jurisdiction located in the United States. Authority to Remove User Content We reserve the authority to edit or remove User Content submitted to our Site, App or social media accounts for any reason, including User Content that we believe in our sole discretion, violates our Legal Notices. Prohibited Conduct You are prohibited from posting on or transmitting through our Site, App or social media accounts any 1) unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including, but not limited to, any material or content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, 2) material that is sent from an anonymous or false address, and 3) 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, including, but not limited to, any organizations designated by the US Government. Obscenity, Pornography and Nudity Company’s server is located in the United States of America. Although there are laws concerning obscenity, pornography and nudity in general is considered protected free speech. With one exception: it is a federal offense to knowingly possess or distribute child pornography (see 18 U.S.C. 2251, 2252, 2258, and 1466). Regarding uploaded pictures: we expect users to adhere to both the laws of the United States of America and their local jurisdictions.
All persons portrayed in any nude or sexually suggestive Content must have been at least 18 years of age at the time said Content was created. Company reserves the right to refuse or challenge any nude or sexually suggestive Content where the age of the persons portrayed seems in question. Further, if submitted nude or sexually suggestive Content clearly portrays persons under 18 years of age, the Company will comply with all applicable local reporting laws.
COMPANY WILL REPORT ALL SUSPECTED INCIDENTS OF CHILD PORNOGRAPHY TO THE APPROPRIATE LAW ENFORCEMENT AND WILL PROVIDE LAW ENFORCEMENT WITH ANY AND ALL MATERIALS WHICH IT BELIEVES TO DEPIC CHILD PORNOGRAPHY. Use By Minors If you are under 18, please do not attempt to access, post, submit or register on our Site, App or use our Services. Intellectual Property You will retain all ownership rights to any User Content that you generate, submit and/or post to our Site and/or App, and we are not obtaining ownership rights to any of your User Content. We do, however, need you to grant us a nonexclusive, royalty-free, irrevocable, transferable, sub-licensable, worldwide license in your User Content, so that we may, from time to time, incorporate such User Content in our offered Services. Without such rights, we may be violating copyright and other laws by storing, posting, compiling, backing up and allowing the download of your User Content on our Site. The rights your grant to us include the right to modify, reproduce, distribute, prepare derivative works, reformat, publish, and add certain links to your User Content, so that we can present it in a user friendly format to enhance your user experience in connection with our Services. Protecting Copyrights and Other Intellectual Property We absolutely respect the intellectual property of others, and we ask you, our loyal users, to do the same. Our Company complies with the federal Digital Millennium Copyright Act “DMCA”), the text of which may be found on the here (http://www.copyright.gov/legislation/dmca.pdf). We will promptly respond to notices of alleged copyright infringement or other intellectual property infringement that complies with the DMCA and other applicable laws. In addition, you agree that, in the event our Company receives a written notice in accordance with the DMCA notice elements alleging that certain User Content infringes upon, dilutes, tarnishes or otherwise violates a trademark or trade secret rights, our Company may in its sole discretion remove, delete or disable access to such User Content.
If you would like to submit written notice of an alleged copyright infringement, such written notice may be sent to our designated agent via our online DMCA complaint form here.
Should you choose not to send notice via the online DMCA complaint form above, a written notice of alleged copyright infringement must be addressed to our designated agent as listed below and include the following: 1) a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; 2) specific identification of each copyrighted work claimed to have been infringed; 3) a description of where the material believed to be infringed is located on our Site and/or App; 4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6) a statement that the information in the written notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are alleging infringement of an intellectual property right other than copyright, please provide a written notice specifying the intellectual property right at issue (for example, “trademark”) and send via postal mail or email to our Copyright Agent here:
Retouchit, LLC
Attn: [INSERT NAME]
[INSERT ADDRESS]
Email: info@retouchifyapp.com
In an effort to protect the rights of intellectual property owners, we maintain the right, in our sole discretion, to terminate, in appropriate circumstances, the access and use of our Services of users who are repeat infringers. Counter Notification Pursuant To DMCA, 17 U.S.C. § 512(g)(2), if you believe your User Content was removed or disabled as a result of the mistake or misidentification that your User Content was infringing, please send our designated agent a counter notification containing the following information: 1) a physical or electronic signature of the user; 2) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or access to it was disabled; 3) a statement under penalty of perjury that the user has a good faith belief that the User Content was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and 4) the user’s name, address, and telephone number, and a statement that the user consents to the laws of the State of Illinois, arbitration, and for certain matters the United States District Court for the Northern District of Illinois, as provisioned below, and that the user will accept service of process from the person who alleged copyright infringement using the DMCA complaint form above.
Upon our designated agent’s receipt of the counter notification described above, we will promptly provide the person who alleged copyright infringement using the DMCA complaint form above with a copy of the counter notification, and inform that person that we will replace the removed User Content or cease disabling access to it within ten (10) to fourteen (14) business days; unless the person alleging copyright infringement files an action seeking a court order to restrain the user from engaging in infringing activity relating to the User Content on our Site and/or App. Account and Security WARNING TO APP USERS: ALL DATA, MATERIALS AND INFORMATION STORED IN OUR COMPANY’S MOBILE APPLICATION WILL BE PERMANENTLY LOST IN THE EVENT THE APP IS DELETED FROM YOUR MOBILIE DEVICE OR IF THE APP INCURS OR EXPERIENCES A TECHNICAL ISSUE. Please make certain all of your date, materials and other information stored in our APP is downloaded to a separate location to avoid any permanent loss. Our Company cannot recover any lost data, materials or any other information and our Company disclaims any and all liability due to its loss.
When you register for our Services offered through the Site and/or App, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for any and all illegal activity that occurs on your account. We cannot guarantee that unauthorized third parties will not defeat our security measures. Please notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Your personal account through our Site and/or App, and all User Content generated, submitted and/or posted to your account, is private and should not be shared. If you share your User Content with anyone, we shall have no liability to you (or anyone you share your User Content). Orders for Our Services Our Company strives to provide the very best professional photography editing services. Should you purchase any of our Services, you agree to pay in full the prices for any purchases you make either by credit card or debit card concurrent with your online order. You agree to pay all applicable taxes, if any. If payment is not received by our Company from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by our Company. Certain purchases and/or downloads through the Site or App may be subject to additional terms and conditions presented to you at the time of such purchase or download. Once our Services are purchased, absent extraordinary circumstances, we will NOT issue a refund as our purchased Services have already been completed and are out of our control.
NOTICE: ON OCCASION TECHNICAL ISSUES OCCUR DURING SUBMISSIION OF YOUR USER CONTENT FOR PURCHASED SERVICES THROUGH OUR APP. IF DUE TO A TECHNICAL ISSUE YOUR PAYMENT IS PROCESSED FOR A PURCHASED SERVICE BUT OUR COMPANY DOES NOT RECEIVE YOUR USER CONTENT, PLEASE IMMEDIATELY CONTACT OUR COMPANY AND SHOW PROOF OF PURCHASE (RECEIPT) THROUGH THE EMAIL BELOW. OUR COMPANY WILL NOT PERFORM ANY SERVICES WITHOUT PROOF OF PURCHASE. Turnaround Time Our Company strives to turnaround your purchased photography editing service in less than two hours during normal business hours. However, our Company’s turnaround time may be impacted by holidays, weekends, and unexpected increases in our daily volume. As enumerated below, we disclaim any liability due to delays in our Services. Photography Editing Revisions Our Company will provide one (1) photography editing revision of your purchased Service contingent upon the following: you request the photography editing revision within fourteen (14) days of your purchased Service. If you do not make a revision request within the fourteen (14) day timeframe, you will need to re-purchase the photography editing Service. Image Replacement Our Company will NOT accept image replacements once our Service is completed and delivered to you. Therefore, it is your responsibility to ensure that our Company receives the correct image to edit. Assumption of Risk You assume all risk related to the use of our Services, and expressly agree to take all necessary precautions when transmitting User Content, purchasing our Services, or interacting with any user of our Services.
OUR COMPANY ACCEPTS NO LIABILITY WITH RESPECT TO ANY SUBMITTED USER CONTENT OR OTHER MATERIALS. IF YOU PURCHASE ANY OF OUR SERVICES IN CONNECTION WITH YOUR SUBMITTED USER CONTENT, WE ARE NOT RESPONSIBLE FOR ITS CONTENT AND/OR ACCURACY IS PUBLISHED BY YOU ARE ANY OTHER THIRD PARTY. Disclaimer of Warranty Our Services are provided on an “as is” basis without warranty of any kind, whether express or implied. You acknowledge that we have no control over what third party content you access using our Services. Furthermore, we make no representation concerning any third party content accessed through our Services, and we are not responsible or liable for the accuracy, copyright compliance, legality or decency of any third party content you access through our Services.
RETOUCHIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RETOUCHIT DOES NOT REPRESENT OR WARRANT THAT ITS OFFERED SERVICES ON OUR SITE AND/OR APP OR ANY THIRD PARTY WEBSITE ACCESSED BY OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RETOUCHIT DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR APP OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Limitation of Liability IN NO EVENT SHALL RETOUCHIT OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE OUR SITE AND/OR APP, SERVICES CONTAINED IN, OR ACCESSED THROUGH, OUR SITE AND/OR APP, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RETOUCHIT, THIRD PARTY CONTENT ACCESSED THROUGH OUR SERVICES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RETOUCHIT RECORDS, SOFTWARE, CONTENT OR SERVICES.
IN NO EVENT SHALL RETOUCHIT OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND RESULTING FROM A USERS TRANSMITTING USER CONTENT VIA RETOUCHIT SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RETOUCHIT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), DEFAMATION, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, UNAUTHORIZED ACCESS, USE OR TRANSMISSION OF CONTENT ARISING OUT OF OR RELATING TO THE USE OF RETOUCHIT SITE AND/OR APP EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO RETOUCHIT FOR ACCESS TO OR USE OF OUR SITE AND/OR APP OR ITS SERVICES.
Please note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Indemnification By using our Site, App and Services, you agree to indemnify, hold harmless and defend Retouchit, its officers, directors, members, employees and agents, from any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ and accounting fees, costs of defense of claims, suits or proceeding brought by third parties, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your use of our Site, App and Services, (ii) your breach of any of our Legal Notices, (iii) your breach or infringement of any third party right, including without limitation any copyright, trademark, or privacy right, or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive our Legal Notices and your use of our Site, App and Services. No Implied Endorsements In no event shall any reference to any third party or third party service or product be construed as an approval or endorsement by our Company. Jurisdiction Outside the US We make no representations that information on our Site, App or through our Services is appropriate or available for use outside the United States. Users who choose to access our Site, App and our Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. Termination We may terminate any user’s access to our Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Site, App or our Services. Governing Law These Legal Notices shall be governed and interpreted by the laws of the State of Illinois, without respect to its conflict of laws principles. Binding Arbitration Any dispute, claim or controversy (excluding claims for injunctive or other equitable relief which shall be determined by the United States District Court for the Northern District of Illinois) arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be JAMS/ENDISPUTE or its successor (“JAMS”), under the JAMS’ “Streamlined Arbitration Rules and Procedures” in effect on the date the demand for arbitration is filed. This Dispute Resolution provision and the obligation to arbitrate any Dispute shall be governed and interpreted under the United States Arbitration Act, 9 U.S.C., Section 1 et seq. Any such arbitration will be conducted in Cook County, Illinois. If JAMS ceases or refuses to provide arbitration service, then the term “JAMS” will thereafter mean and refer to the American Arbitration Association and its applicable commercial arbitration rules and procedures. The parties agree to be bound by the findings of the arbitration. The arbitrators shall not be empowered to award punitive damages to any party. The non-prevailing party to the arbitration shall pay all the reasonable attorney’s fees and other costs and expenses incurred in connection with the prosecution or defense of such arbitration. Severability If any provision of these Legal Notices is deemed invalid, void or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Legal Notices will remain in full force and effect. Any failure by our Company to enforce these Legal Notices will not be construed as a waiver of any right or remedy of Retouchit. Notification Procedures We may from time to time notify users via email and postal mail; provided, however, we are not responsible for notifications not received due to an invalid email address, automatic email filtering, or invalid postal mail address for which you provide to our Company. Entire Agreement These Legal Notices and any amendments shall constitute the entire agreement between you and Retouchit concerning its Services. For Additional Information If you have any questions regarding our Legal Notices, please contact@retouchifyapp.com
IF YOU DO NOT AGREE TO ALL OF OUR LEGAL NOTICES, YOU MUST NOT USE OUR SITE, APP OR OUR SERVICES. BY USING OUR SITE, APP AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR LEGAL NOTICES AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.