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Policies

TERMS AND CONDITIONS

      Welcome to Retouche.com website (the "Site"). The Site, as well as the websites of our affiliates and subsidiaries, are currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site(s). The terms "Retouche.com", "we", "us", and "our" refer to Retouche.com trademark, its affiliates, and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them. Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

      Privacy
      Please review our Privacy and Security Statement, which also governs your visit to the Site, to understand our practices.

      Your Submissions
      You will submit certain material to Retouche, including without limitation, photographic images, as part of your use of the Service ("Submissions").
      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. Retouche 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 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. RETOUCHE 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 Retouche is not responsible for, and does not review or comment on the content of Submissions provided by Retouche users, Retouche 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 Retouche deems necessary relating to use or misuse of the Service. Retouche may request confirmation of the copyright or trademark ownership from the submitter. If Retouche does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, Retouche reserves the right to (i) suspend the shipping of an 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, Retouche reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. By uploading any data and using Retouche.com services you accept all responsibility for getting access to these services, particularly maintaining of your computer and Web access, payments for Internet traffic and any other related expenses.

      Intellectual Property
      You will submit to the Site only material that you are legally entitled to copy, modify, edit or otherwise use in the manner requested of Retouche.
      You are solely responsible for the content of any images and/or messages you submit and Retouche assumes no liability for any content submitted by you. If you supply or post any information or material to the Site, you guarantee to us that you have the required legal right to post such material and that it will not violate any law or the rights of any person or entity. Retouche doesn't check submissions on violation of copyrights, laws etc. even if RETOUCHE HAS BEEN ADVISED OF THE possibility of such violations. You are fully responsible for transfer, store, usage and modification of submissions being protected by copyright or any other law.
      When you post or transmit anything including but not limited to images, illustrations, graphics, audio clips, video clips or text (generally referred to as "Submissions") to Site, you grant Retouche (as well as any third parties under Retouche's direction or control) a nonexclusive worldwide irrevocable license to the Submission including the right to display, copy, alter, or use the Submissions for derivative works within the scope of providing those services you request us to perform.
      You will defend, indemnify and hold Retouche harmless for any suits or liabilities arising out of third-party claims that Submissions (or any derivative product thereof, including the product of Site's work) has infringed upon that parties' rights.
      You shall always keep a copy of the original text, images or photos. Retouche reserves the right to purge or permanently delete the content shortly after the order is completed. Retouche will not be responsible if you lost the original text, images or photos.
      At Retouche's discretion and in appropriate circumstances, Retouche may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.

      Specifiaction and Price
      Prices are set out in Retouche quote to you and may vary from pricing given on Site, as most services are bespoke. Accurate specifications are those stated in estimate to you.
      You agree to pay for additional, unforeseen work not apparent from the information provided by you for the purposes of basing our estimate. You will be advised of any price adjustments. If you disagree, Retouche reserve the right to cancel the contract.

      Funds Authorization
      Prior to work beginning Retouche authorizes (freezes, not charges) funds on your account in amount necessary to pay for the order (this amount is specified in 'you pay' field of an estimate). Technically it is possible to freeze fund for 30 days maximum. Retouche reserves a right to charge your funds before all photos in the order will be approved, if 30-days period of funds authorization is coming to the end.

      Result Examination. Approvement and Improvements
      Edited photos get to My Files and can be examined in Order Details. These photos will have 'waiting for approval' status. Please examine them thoroughly and click approve OR disapprove buttons (leave detailed comments for improvements on disapprovement).
      You will be notified by e-mail about new photos with 'waiting for approval' status and waiting for your actions. You can also see this info on any MyAccount page. By using Retouche services you agree with Terms and Conditions and agree to check e-mail and enter MyAccount pretty often to check new information about 'waiting for approval' photos. You also agree to approve or disapprove them promptly and to specify notes for its improvement on disapprovement. Retouche denies any material and other responsibility for violation of order due period and its consequences, caused by untimely execution of your obligations to examine, approve or disapprove photos due to any reasons (for example, if e-mail from Retouche was blocked by your spam-filter).
      By clicking 'approve' button in image details of waiting for approval photo, you confirm the following:
      - you have thoroughly examined a photo which was edited by Retouche and is protected by semi-transparent watermarks
      - you have checked if it corresponds to your requirements and wishes and to requirements and wishes of your pertners/relatives/bosses/employees/friends/other third parties
      - you agree that Retouche work on photo editing is completed and you are 100% satisfied with it
      - you don't need and don't require any further improvement or modification of this photo.
      By clicking 'disapprove' button you are obliged to leave in Image Details or Order Details specific and complete notes for photo improvement which don't contradict to previous notes. By clicking 'disapprove' button you realize that it doesn't imply unsatisfaction with edited photos and our work, but ability to leave instruction for further work of Retouche designers. By clicking 'disapprove' button you agree to continue work and are satisfied with intermediate results. Only order cancellation implies refusal of our work and further collaboration.
      Retouche wants you to be satisfied with our work and accept it, but in the meantime Retouche reserves the right to consider work as examined, meeting your requirements and approved, if
      - clicking 'disapprove' button is not accompanied with notes for improvement of edited photo or its reediting
      - you didn't click 'approve' or 'disapprove' buttons until expiration of authorization period (30 days) due to any reasons.

      Funds Charging
      According to Retouche Satisfaction Policy Retouche charges funds only after your approvement that our work is done and no further improvements are needed. You realize and agree that Retouche considers work as completed in proper manner and will charge funds if:
      - all photos in an order are approved by clicking 'approve' button
      - authorization period (30 days) expires soon and you didn't cancel order - there for you show satisfaction with our work
      - all photos in an order are approved or disapproved without any note for further improvement - it is considered as absence of wishes for further improvement and satisfaction with edited photos
      By using Retouche services you confirm that you have read, understood and accepted these terms of work, collaboration, result examination and funds charging.

      Refund Policy
      Please review our Refund Policy Statement.

      Delivery Results
      We send you edited photos in full resolution and quality with protective semi-transparent watermarks before charging any funds. When the funds are charged, you will be able to download the latest version of edited files in My Account and use it freely without any odd marks and signs.
      You realize and agree that we do not guarantee and do not promise to provide edited photos for examination without semi-transparent marks and signs and that you are ready to make final decision about photo approvement or disapprovement using photos with semi-transparent watermarks, and that your decision about satisfaction with edited photos and necessary improvements won't be changed after removal of watermarks.

      Use and Storage
      You acknowledge that Retouche may establish general practices and limits concerning use of the Retouche service, including without limitation the maximum number of days that Retouche may retain photographic material or other Submissions sent to Retouche. You agree that Retouche has no responsibility or liability for the deletion or failure to store any Submissions. You acknowledge that Retouche reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Retouche reserves the right to modify these general practices and limits from time to time

      Your Account
      If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to:
      - immediately notify Retouche of any unauthorized use of your password or account or any other breach of security
      - ensure that you exit from your account at the end of each session. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

      Method of Payment
      For your convenience, we accept the following methods of payment:
      Credit cards: Use your American Express, Visa, MasterCard, or Discover card.
      PayPal: USA, UK, and Canada only. Shipping address must be a PayPal confirmed address.

      Export
      The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations-including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Retouche.com to either a foreign national or a foreign destination in violation of such laws

      Links
      We are not responsible for the content of any sites that may be linked to or from http://www.retouche.com or any bulletin board associated with Retouche.com. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from Retouche.com, and Retouche.com has no control over the content of that other website. In addition, a link to any other web site does not imply that Retouche.com endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Retouche.com of that third party or of any product or service provided by a third party.

      DISCLAIMERS OF WARRANTY
      THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH RETOUCHE'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
      RETOUCHE AND ITS OFFICERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT RETOUCHE'S SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE ENHANCED PHOTOGRAPHS WILL MEET YOUR EXPECTATIONS.
      TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RETOUCHE 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. RETOUCHE 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. RETOUCHE 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 RETOUCHE'S SITE OR ADVERTISED THROUGH RETOUCHE'S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RETOUCHE 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 RETOUCHE 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 RETOUCHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, RETOUCHE'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 RETOUCHE 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, RETOUCHE 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 RETOUCHE 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 RETOUCHE 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.

      Online Conduct
      You agree to use Retouche.com only for lawful purposes. You are prohibited from posting on or transmitting through Retouche.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material 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. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), Retouche.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind.
      - to satisfy any law, regulation, or government request
      - if such disclosure is necessary or appropriate to operate Retouche.com
      - to protect the rights or property of Retouche.com, its Associates, and you. We reserve the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be unlawful or harmful to you, Retouche.com , the communities that make up Retouche.com , or any rights of Retouche.com or any third party. Notwithstanding the foregoing, neither Retouche.com nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Retouche.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Associates assumes any liability for any action or inaction with respect to conduct, communication, or Content on Retouche.com.

      Applicable Law
      By visiting the Site, you agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Retouche.com or its affiliates and subsidiaries.

      Customer Policy for Idea Submission
      Many of our customers are interested in submitting ideas for products and services to be used at Retouche, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our service; however, please note our policy on external idea submission:
      - Unsolicited ideas submitted to Retouche or any of its employees automatically become the property of Retouche.
      - By submitting unsolicited ideas to Retouche, Inc. you automatically forfeit your right to the intellectual property of these ideas.
      If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to Retouche or its employees.
      Instead:
      Send a message to info@retouche.com and describe ONLY the general application.
      If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by Retouche in order to evaluate your concept(s).

      Disputes
      Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Boston, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate Retouche.com's intellectual property rights, Retouche.com may seek injunctive or other appropriate relief in any state or federal court in the State of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

      Age Requirement
      You must be at least 14 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

      Site Policies, Modification and Serveability
      Please review our other policies, such as our Privacy and Security Policy, posted on the Site. These policies also govern your visit to Retouche.com. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

      ACKNOWLEDGEMENT
      YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF RETOUCHE AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND RETOUCHE, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND RETOUCHE RELATING TO THE SUBJECT OF THIS AGREEMENT.

       Retouche Inc

      If you have questions or concerns regarding this statement, you should first contact our customer service department by email at info@retouche.com.

      
      
      

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