Terms and Conditions - Retouch Genie Ltd

Before you begin setting up your account with Retouch Genie Ltd (herein referred to as "we", "us", or "Retouch Genie Ltd"), please read the following Terms of Use ("Terms") carefully. These Terms govern your access to and use of the Retouch Genie Ltd service ("Service"). If you ("you") agree to these Terms, and wish to use the Service, please register. This will constitute a binding agreement between you and Retouch Genie Ltd. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. Note that any violation of these Terms may result in termination of our Service to you. Retouch Genie Ltd reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after Retouch Genie Ltd makes any such changes, you agree to be bound by any such revised Terms.

You will submit certain material to Retouch Genie Ltd, including without limitation, photographic images, as part of your use of the Service ("Submissions").
Enhancements are made to your Submissions pursuant to your instructions by independent contractors. The independent contractors utilized by Retouch Genie Ltd have been screened for their technical and artistic abilities.
You understand and agree that Retouch Genie Ltd assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any photographs, communications or personalization settings. You are responsible for obtaining access to Retouch Genie Ltd's Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access to the Service.
Retouch Genie Ltd forbids its independent contractors from utilizing your Submissions for any purpose other than providing you with the enhanced or modified photographs you request. Although Retouch Genie Ltd routinely evaluates its independent contractors and may terminate their services for violating Retouch Genie Ltd's policies, you understand and agree that Retouch Genie Ltd assumes no responsibility for the misdirection or misuse of your Submissions by independent contractors.
If, at any time, you learn of any misdirection or misuse of your Submissions, please advise us, as we may terminate the services of any editor responsible for such misdirection or misuse.
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. Retouch Genie Ltd 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; and
Any material depicting or simulating pornographic acts with a child under the age of 18 or which may otherwise be considered child pornography. RETOUCH GENIE LTD 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 Retouch Genie Ltd is not responsible for, and does not review or comment on the content of Submissions provided by Retouch Genie Ltd customers, Retouch Genie Ltd 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 Retouch Genie Ltd deems necessary relating to use or misuse of the Service. Retouch Genie Ltd may request confirmation of the copyright or trademark ownership from the submitter. If Retouch Genie Ltd does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, Retouch Genie Ltd 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, Retouch Genie Ltd reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to Retouch Genie Ltd a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.
Your physical or electronic sharing of your Photos constitutes permission for reprinting by the recipient. Retouch Genie Ltd will not be liable for the content of any Submission and, as further set forth herein, expressly and fully disclaims all liability relating thereto.

Retouch Genie Ltd is committed to protecting photographers' copyrights and expects users of the Service to do the same. Each image submitter is required by UK law to own the right to, or to obtain permission to, use any image before the image is uploaded or printed at Retouch Genie Ltd. At Retouch Genie Ltd's discretion and in appropriate circumstances, Retouch Genie Ltd 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.

Registration, membership and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at our Home Page.

Upon completing the registration process, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Retouch Genie Ltd of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Retouch Genie Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. All aspects of payment, payment security and associated personal banking information is handled by third party payment system partners. Please refer to their respective Terms and Conditions and Privacy Policies.
Retouch Genie Ltd may collect the following information from you during registration:

We can remind you of your password in case you forget it using the feature on the login page. We will send an email containing the password to the address from which you opened your account;
To maintain our Service to you and develop new and useful features and services;
To follow a court order, subpoena, complaint or a lawful request from governmental authorities;
Retouch Genie Ltd reserves the right to close accounts set up for fraudulent purposes.
To contact you with information regarding promotions, offers and competitions in addition to electronic and physical newsletters.
Internal record keeping

You acknowledge that Retouch Genie Ltd may establish general practices and limits concerning use of the Retouch Genie Ltd service, including without limitation the maximum number of days that Retouch Genie Ltd may retain photographic material or other Submissions sent to Retouch Genie Ltd. You agree that Retouch Genie Ltd has no responsibility or liability for the deletion or failure to store any Submissions. You acknowledge that Retouch Genie Ltd reserves the right to log off accounts that are inactive for an extended period of time. If the storage space being used is deemed excessive then Retouch Genie Ltd may take action to remove the oldest submissions after having contacted you requesting that account be truncated. Such action will be accompanied You further acknowledge that Retouch Genie Ltd reserves the right to modify these general practices and limits from time to time.
There is no minimum order or individual purchases. All prices quoted are inclusive of UK VAT at the current rate. Orders will be invoiced at the current prices at time of posting. Payment should be completed as part of the ordering process and must be authorised by the respective payment system before work can begin.
Your use of any information or materials on the Retouch Genie Ltd website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, service or information available through this website meet your specific requirements.
Retouch Genie Ltd will undertake retouching work on submissions according to clear and complete instructions. Where instructions have been omitted the retouching will be completed by our trained retouching artists entirely at their discretion. Exact colour matching is not guaranteed.

Retouch Genie Ltd is not required to refund orders that are deemed unfeasible due to limitations in the original submission such as low resolution, pixelated, blurred or out of focus or that are unsatisfactory as a result of the failure of the customer to include clear and complete instructions.

If Retouch Genie Ltd fails to perform clearly-requested instructions, Retouch Genie Ltd will re work the image. Asking for a re-work about something that was not mentioned beforehand in the instructions may have extra cost. We reserve the right to charge extra cost for subsequent re-works.

Retouch Genie Ltd will not refund an order unless unable to complete the work in accordance with the customer's clear and complete instructions. The determination as to whether Retouch Genie Ltd has complied with retouching instructions will be made by a director of the company and/or Quality Control personnel. Once you approve an order it is assigned to an Artist immediately and the process of retouching begins, so we will NOT issue a refund or credit for an order if you change your mind after payment has been authorised.

If you violate any of these Terms, your permission to use the Service will terminate automatically. Retouch Genie Ltd reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.

We may make third party software and services available to you from time to time. To access such third party software and services, you must first agree to the third party provider's terms and conditions governing their use. Retouch Genie Ltd is not at party to any such arrangement between you and a third party provider and disclaims any liability, and provides no warranties relating to such software or services.
This means that we do not guarantee that any third party software or services you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from the use of third party software and services.

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United Kingdom and foreign countries. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
All right, title and interest in and to the Retouch Genie Ltd site and Service is and will remain the exclusive property of Retouch Genie Ltd and its licensors. The site and Service are protected by copyright, trademark and other laws of both the United Kingdom and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Site. Except as expressly authorized by Retouch Genie Ltd, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content contained on or in this Site, in whole or in part. By accessing the Site, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

You agree to indemnify, defend and hold us, our officers, members, managers, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

Recognizing the global nature of the Internet, you agree to comply with all local, national and international rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH RETOUCH GENIE LTD'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
RETOUCH GENIE LTD AND ITS OFFICERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT RETOUCH GENIE LTD'S SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE ENHANCED PHOTOGRAPHS WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RETOUCH GENIE LTD 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. RETOUCH GENIE LTD 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. RETOUCH GENIE LTD 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 RETOUCH GENIE LTD'S SITE OR ADVERTISED THROUGH RETOUCH GENIE LTD'S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RETOUCH GENIE LTD OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL RETOUCH GENIE LTD 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 RETOUCH GENIE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, RETOUCH GENIE LTD'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 RETOUCH GENIE LTD 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, RETOUCH GENIE LTD 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 RETOUCH GENIE LTD 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 RETOUCH GENIE LTD 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.

Retouch Genie Ltd will have the right to investigate and prosecute any violations of intellectual rights infringement and/or web site security issues, to the fullest extent of the law. Retouch Genie Ltd may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Retouch Genie Ltd has no obligation to monitor your access to, or use of, the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.

We may assign our rights and responsibilities hereunder without notice to you.
Unless otherwise specified herein, these Terms and the Privacy Policy constitute the entire agreement between you and Retouch Genie Ltd and its affiliates with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Retouch Genie Ltd with respect to this Site. If any part of these Terms or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.