TERMS OF USE
1. CONTRACTUAL RELATIONSHIP
These Terms of use (here in
after – "the Terms") govern the access or use by you, an individual, of photo retouching and
graphic design services named "LightHouse" (the "Services", "LightHouse's
Services") made available through www.lh-retouch.com (hereinafter the "LightHouse",
"Site", "we", or "us"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING
OR USING THE SERVICES. In these Terms the words "including" and "include" mean
"including, but not limited to. 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.
Our collection and use of personal information in connection with
the Services is as provided in the LightHouse's Privacy and Cookie Policy located here, which
constitute an integral part of these Terms.
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.
LICENSE
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.
RESTRICTIONS
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 Services may be made
available or accessed in connection with third-party services and content (including advertising) that
we do not control. You acknowledge that different terms of use and privacy policies may apply to your
use of such third-party services and content. We do not endorse such third-party services and content
and in no event shall we be responsible or liable for any products or services of such third-party
providers. These third-party beneficiaries are not parties to these Terms and are not responsible for
the provision or support of the Services in any manner. Your access to the LightHouse's Services
and Site using such third party services is subject to the terms set forth in the applicable third-party
beneficiary's terms of service.
OWNERSHIP
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.
TEXT MESSAGING
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 team@lh-retouch.com.You acknowledge that opting
out of receiving such email may impact your use of the Site.
3. PERFORMANCE OF THE SERVICES
USER-PROVIDED
CONTENT
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.
By using or accessing the Site, you agree that we can use the
information you provide during the order submitting process in a harmless way that will not violate
anybody's rights in accordance with the Privacy and Cookie Policy as amended from time to time at
team@lh-retouch.com.
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.
PAYMENT
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
DISCLAIMER
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.
INDEMNITY
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:
team@lh-retouch.com.
NOTICE
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.
GENERAL
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.
If you have any questions you can
submit your request to our Customer Support at team@lh-retouch.com.
7. ABOUT THIS COOKIE POLICY
This Cookie Policy explains
what cookies are and how we use them. You should read this policy to understand what cookies are, how we
use them, the types of cookies we use i.e, the information we collect using cookies and how that
information is used and how to control the cookie preferences. For further information on how we use,
store and keep your personal data secure, see our Privacy Policy.
WHAT ARE
COOKIES?
Cookies are small text files that are used to store small pieces of information. The
cookies are stored on your device when the website is loaded on your browser. These cookies help us make
the website function properly, make the website more secure, provide better user experience, and
understand how the website performs and to analyze what works and where it needs
improvement.
HOW DO WE USE COOKIES?
As most of the online services, our website uses
cookies first-party and third-party cookies for a number of purposes. The first-party cookies are mostly
necessary for the website to function the right way, and they do not collect any of your personally
identifiable data.
The third-party cookies used on our websites are used mainly for understanding how
the website performs, how you interact with our website, keeping our services secure, providing
advertisements that are relevant to you, and all in all providing you with a better and improved user
experience and help speed up your future interactions with our website.
WHAT TYPES OF COOKIES
DO WE USE?
Essential: Some cookies are essential for you to be able to experience the full
functionality of our site. They allow us to maintain user sessions and prevent any security threats.
They do not collect or store any personal information. For example, these cookies allow you to log-in to
your account and add products to your basket, and checkout securely.
Statistics: These cookies store
information like the number of visitors to the website, the number of unique visitors, which pages of
the website have been visited, the source of the visit, etc. These data help us understand and analyze
how well the website performs and where it needs improvement.
Marketing: Our website can
displays advertisements. These cookies are used to personalize the advertisements that we show to you so
that they are meaningful to you. These cookies also help us keep track of the efficiency of these ad
campaigns.
The information stored in these cookies may also be used by third-party ad providers to
show you ads on other websites on the browser as well.
Functional: These are the cookies that
help certain non-essential functionalities on our website. These functionalities include embedding
content like videos or sharing content on the website on social media platforms.
Preferences: These
cookies help us store your settings and browsing preferences like language preferences so that you have
a better and efficient experience on future visits to the website.
HOW CAN I CONTROL THE
COOKIE PREFERENCES?
Should you decide to change your preferences later through your browsing
session, you can click on the "Privacy & Cookie Policy" tab on your screen. This will
display the consent notice again enabling you to change your preferences or withdraw your consent
entirely.
In addition to this, different browsers provide different methods to block and delete
cookies used by websites. You can change the settings of your browser to block/delete the cookies. To
find out more on how to manage and delete cookies, visit wikipedia.org, www.allaboutcookies.org.