5. Rights We Grant to You The Photoshopcutout and the Content are the property of Photoshop Cutout., Photoshopcutout, and its affiliated/associated companies. We give you a limited, non-exclusive, revocable license to use the Site, and a limited, non-exclusive, revocable license to use the Content for your own personal, non-commercial, entertainment purposes (the “License”). This License will last until you or Photoshopcutout end it. You agree that you are using the Content for your own personal, non-commercial, entertainment purposes and that you will not share or transfer the Site or the Content.
All Photoshopcutout trademarks, service marks, trade names, logos, domain names, and any other features of the Photoshopcutout brand (“Photoshopcutout Brand”) belong to Photoshopcutout or its licensors. The Agreements do not give you any rights to use any Photoshopcutout Brand for any purpose, commercial or non-commercial.
You agree to follow our User guidelines and not to use the Site, the Content, or any part of them in any way that is not allowed by the Agreements. Apart from the rights we give you in these Agreements, Photoshopcutout does not give you any right, title, or interest in the Site or Content.
6. Third Party Applications Photoshopcutout works with third party applications, websites, and services, including but not limited to Shopify, PayPal, BrickFTP, Heroku, HelpScout, Smile.io and Stripe (“Third-Party Applications”), to offer you content, products, and/or services. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to those terms and conditions and privacy policies. You understand and agree that Photoshopcutout does not support and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any deal you may make with the provider of any such Third-Party Applications.
7. User-Generated Content
Photoshopcutout users may post, upload, and/or contribute (“post”) content to the Site to get services (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). To be clear, “User Content” includes any such content posted to the Customer Service Portal (“the Portal”) as well as any other part of the Site.
You promise that, for any User Content you post on the Site, (1) you have the right to post that User Content, and (2) that User Content, or how Photoshopcutout uses it as allowed by the Agreements, does not break the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or suggest any link with or approval of you or your User Content by Photoshopcutout or any entity or individual without their express written consent.
Photoshopcutout may, but does not have to, monitor, review, or edit User Content. In all cases, Photoshopcutout has the right to remove or disable access to any User Content or account for any or no reason, including but not limited to, User Content that, in Photoshopcutout’s sole opinion, breaks the Agreements. Photoshopcutout may do this without telling you or any third party first. Removing or disabling access to User Content is up to us, and we do not promise to remove or disable access to any specific User Content.
You are only responsible for all User Content that you provide. Photoshopcutout is not responsible for User Content or does it agree with any opinion in any User Content. YOU AGREE THAT IF ANYONE MAKES A CLAIM AGAINST Photoshopcutout RELATED TO USER CONTENT THAT YOU PROVIDE, THEN, TO THE EXTENT ALLOWED BY LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Photoshopcutout HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF THAT CLAIM.
8. Rights You Grant Us
By accepting the rights we give you under the Agreements, you give us the right (1) to let the Photoshopcutout Service use the processor, bandwidth, and storage hardware on your Device to run the Service, (2) to show you advertising and other information, and (3) to let our business partners do the same. In any part of the Photoshopcutout Service, the Content you see, including how it is chosen and placed, may be affected by commercial factors, including deals with third parties. Some Content that Photoshopcutout licenses, provides or makes available to you may have advertising as part of the Content. In those cases, Photoshopcutout will give you that Content as it is.
Unless you tell Photoshopcutout otherwise in writing, you agree that we can use your images on our website (including a link to your website’s homepage) and in our marketing materials.
If you give Photoshopcutout any feedback, ideas or suggestions about the Photoshopcutout Service or Content (“Feedback”), you agree that the Feedback is not secret, and you let Photoshopcutout use that Feedback without any limits and without paying you. Feedback is a kind of User Content.
9. User Guidelines
Photoshopcutout respects intellectual property rights and expects you to do the same. We have some basic rules for you to follow when using the Site, to make sure Photoshopcutout can keep providing service through their Site.
The following is not allowed for any reason:
copying, redistributing, reproducing, “ripping”, recording, transferring, performing or showing to the public, or making available to the public any part of the Photoshopcutout Site or the Content, or otherwise using the Photoshopcutout Service or the Content in a way that is not clearly allowed by the Agreements or the law or that breaks the intellectual property rights (such as copyright) in the Photoshopcutout Service or the Content or any part of it; using the Photoshopcutout Service to import or copy any local files that you do not have the legal right to import or copy; moving copies of cached Content from an authorized Device to any other Device by any means; reverse-engineering, decompiling, disassembling, changing, or making new works based on the Photoshopcutout Service, Content or any part of it unless the law allows it; getting around any technology used by Photoshopcutout, its licensors, or any third party to protect the Content or the Service; selling, renting, sublicensing or leasing any part of the Photoshopcutout Service or the Content; getting around any territorial limits set by Photoshopcutout or its licensors; or otherwise messing with the Services by using a script or other automated process; taking off or changing any copyright, trademark, or other intellectual property notices on or given through the Photoshopcutout Service (including to hide or change any signs of who owns or where any Content comes from); giving your password to anyone else or using anyone else’s username and password; “crawling” the Photoshopcutout Service or using any automated way (including bots, scrapers, and spiders) to get information from Photoshopcutout; or selling a user account, or taking any money or anything else for it. You agree and understand that posting any such User Content may make us end or suspend your Photoshopcutout account right away. You also agree that Photoshopcutout can take back your username for any reason.
Your password keeps your user account safe, and you are the only one responsible for keeping your password secret and secure. You understand that you are responsible for all use of your username and password on the Service. If you lose or someone steals your username or password, or if you think someone has used your account without your permission, please tell us right away and change your password as soon as you can.
10. Intellectual Property
Photoshopcutout respects the rights of intellectual property owners. If you think that any Content violates your intellectual property rights or other rights, please contact us at info@photoshopcutout.com.
All content on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, belongs to Photoshopcutout or its content suppliers and is protected by United Kingdom and international copyright laws. The collection of all content on the Site is the sole property of Photoshopcutout and is protected by U.K. and international copyright laws. All software used on (or provided through) the Site belongs to Photoshopcutout or its software suppliers and is protected by United States and international copyright laws. All rights reserved.
You are not allowed to redistribute or reproduce any part or all of the content in any way except for the following:
You may print or download extracts to a local hard disk for your personal and non-commercial use only. You may copy the content to individual third parties for their personal use, but only if you say that the website is the source of the material. You may not, without our written permission, distribute or use the content for commercial purposes. Nor may you send it or store it in any other website or other form of electronic retrieval system.
11. Customer Support
For customer support on account- and payment-related issues (“Customer Support Queries”), please contact our Customer Service team at info@photoshopcutout.com. We will try to respond to all Customer Support Queries in a reasonable time frame but we do not promise or guarantee that any Customer Support Queries will be answered within any specific time frame and/or that we will be able to answer any such queries satisfactorily.
12. Payments, Refunds, and Cancellations
12.1 Photoshopcutout requires all individual clients to pay in full before we start working on your project. You can pay with Paypal, credit cards, or credits. Corporate clients may get credit from us, depending on satisfactory reference checks and our decision. Any Clients with credit from us will have to sign a contract that we send them. You will have to pay for the work no later than 4 (four) days after we deliver it. We may also let you pay monthly for all Services we do for you during that month. We can cancel any credit we give to any client for not paying at any time. We will agree on all costs beforehand.
12.2 Quality Guarantee & Refunds Photoshopcutout aims to provide high-quality services. If you are not happy with the outcome of your project, we will make reasonable changes and fixes as needed. You must ask for any changes or refunds within 14 days of getting your project. We can also cancel any change request, if the Client asks for something different from what they first asked for. If the edited images are the same quality as a sample image that you approved, Photoshopcutout will not refund that order. We know that sometimes things change that we can’t control, so we may be able to change the images to suit your needs for a lower price. Any changes we make as part of our quality guarantee do not affect Photoshopcutout or its associate companies’ rights. You can buy quotes directly from us. If you have downloaded your images and can’t give us a good reason why you are not happy, we will not give you a refund.
If you think you should get a refund of any money you paid to Photoshopcutout, please contact Customer support.
12.3 Prices Prices may be different for different services. Photoshopcutout may change the price for work or credit that you have not paid for yet and will tell you about any price changes before we confirm a new order. If the law allows it, you agree to the new price by keeping using Photoshopcutout ’s Service after the price change. We can change our prices from time to time, and that will affect the services right away. We may not tell clients about these changes but they will see the price before they confirm any new order, unless we have a different agreement with any client.
12.4 Promotional Offers and Discounts Photoshopcutout may have offers as coupon codes or other ways. Photoshopcutout can cancel any offers or discounts for any reason without telling you why.
12.5 The Click Customer Loyalty and Referral Program The Click is Photoshopcutout ’s customer loyalty and referral program. Clients can refer friends, colleagues and family members to Photoshopcutout and not use it in any other way. Clients can’t use more than one email address to get rewards, and referrals can’t use more than one email address to get more rewards. If you break these rules, we will see it as abuse of the program and take back or cancel any reward we gave you.
13. Quotes and Orders
If the images of a Client’s order are different from the sample that came with the original quote, we may cancel the order. Photoshopcutout may give you a new quote that you can use to make a new order. If you make an order using an order template that is based on a different type or category of images than the original quote, Photoshopcutout may cancel the order and give you a new quote that you can use to make a new order.
14. Turnaround Time
When a Client chooses a turnaround time when making an order, that time starts after the Client has uploaded all of the images to be edited. The time does not start when the order is made.
15. Terms and Termination
The Agreements will keep applying to you until you or Photoshopcutout end them. However, you agree and understand that the never-ending license that you give us for User Content, including Feedback, cannot be taken back and will keep going after the Agreements end for any reason. Photoshopcutout may end the Agreements or stop you from using the Photoshopcutout Site or Customer Portal at any time, including if you use the Photoshopcutout Service and/or Content in a way that is not allowed or breaks the Agreements. If you or Photoshopcutout end the Agreements, or if Photoshopcutout stops you from using the Photoshopcutout Service, you agree that Photoshopcutout will not be responsible or owe you anything, and we will not give you back any money that you have already paid, as much as the law allows. To learn how to end your account, please contact us at info@photoshopcutout.com. This section will be enforced as much as the law allows. You may end the Agreements at any time.
Sections 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 here, as well as any other sections of the Agreements that, either clearly or by how they work, must keep going even after the Agreements end, will keep going.
16. Warranty and Disclaimer
WE TRY TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU KNOW AND AGREE THAT THE Path SITE IS GIVEN “AS IS” AND “AS AVAILABLE”, WITHOUT ANY KIND OF WARRANTY OR CONDITION, SAID OR NOT SAID. YOU USE THE Path SERVICE AT YOUR OWN RISK. AS MUCH AS THE LAW ALLOWS, Path AND ALL OWNERS OF THE CONTENT DO NOT SAY OR GIVE ANY WARRANTIES OR CONDITIONS OF GOOD QUALITY, BEING ABLE TO SELL, BEING FIT FOR A CERTAIN USE, OR NOT BREAKING ANY RIGHTS. NEITHER Path NOR ANY OWNER OF CONTENT SAYS THAT THE Path SERVICE IS FREE OF BAD SOFTWARE OR OTHER THINGS THAT CAN HURT YOU. ALSO, Path DOES NOT SAY OR GIVE ANY WARRANTY, SUPPORT, GUARANTEE, OR TAKE ANY RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT IN THEM), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE THAT A THIRD PARTY SELLS OR OFFERS ON OR THROUGH THE Path SERVICE OR ANY WEBSITE THAT HAS A LINK TO IT, OR THAT IS SHOWN IN ANY AD. YOU KNOW AND AGREE THAT Path IS NOT RESPONSIBLE OR LIABLE FOR ANY DEAL BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES THAT ARE SOLD OR OFFERED ON OR THROUGH THE Path SITE. WHEN YOU BUY A PRODUCT OR SERVICE THROUGH ANY WAY OR IN ANY PLACE, YOU SHOULD USE YOUR JUDGMENT AND BE CAREFUL WHERE YOU NEED TO. NO ADVICE OR INFORMATION THAT YOU GET FROM Path BY TALKING OR IN WRITING WILL MAKE ANY WARRANTY FOR Path IN THIS REGARD. SOME PARTS OF THIS SECTION MAY NOT APPLY IN SOME PLACES IF THE LAW DOES NOT ALLOW IT.
THIS DOES NOT CHANGE YOUR LEGAL RIGHTS AS A CONSUMER.
17. Limitations YOU AGREE THAT, AS MUCH AS THE LAW ALLOWS, YOUR ONLY WAY TO FIX ANY ISSUES OR UNHAPPINESS WITH THIS SERVICE IS TO STOP USING THE SITE. WHILE WE DO NOT TAKE ANY RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT IN THEM, AND WHILE YOU MAY HAVE SEPARATE AGREEMENTS WITH THOSE THIRD PARTIES, AS MUCH AS THE LAW ALLOWS, YOUR ONLY WAY TO FIX ANY ISSUES OR UNHAPPINESS WITH THIRD PARTY APPLICATIONS OR THE CONTENT IN THEM, AS WITH CLIPPING PHOTOSHOP, IS TO UNINSTALL AND/OR STOP USING THOSE THIRD PARTY APPLICATIONS.
AS MUCH AS THE LAW ALLOWS, CLIPPING PHOTOSHOP , ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS WILL NOT BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (DIRECT OR INDIRECT), IN ALL CASES BECAUSE OF THE USE OR NOT BEING ABLE TO USE THE CLIPPING PHOTOSHOP SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, NO MATTER WHAT LEGAL THEORY, EVEN IF CLIPPING PHOTOSHOP KNEW OR SHOULD HAVE KNOWN ABOUT THOSE DAMAGES, AND EVEN IF A REMEDY DOES NOT WORK; OR (3) TOTAL LIABILITY FOR ALL CLAIMS ABOUT THE CLIPPING PHOTOSHOP SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS YOU PAID TO US IN THE LAST TWELVE MONTHS IN QUESTION, AS MUCH AS THE LAW ALLOWS.
18. Third-Party Rights
You agree and understand that the owners of the Content and some distributors can benefit from the Agreements and have the right to make you follow the Agreements. Apart from what is said in this section, the Agreements do not give rights to anyone but you and Path, and the Agreements do not make any third-party beneficiary rights. Also, the rights to end, cancel, or agree to any change, waiver, or settlement of the Agreements do not need the agreement of anyone else.
19. Entire Agreement
Unless it is said in this section or you and Photoshopcutout agree to it in writing, the Agreements are all the terms and conditions that you and Path agreed to and replace any earlier agreements about the same thing, whether written or spoken.
20. Severability and Waiver Unless the Agreements say something else, if any part of the Agreements is not valid or can’t be enforced for any reason or to any extent, that will not affect or make the rest of the Agreements not valid or not enforceable, and we will apply that part as much as the law allows.
If we or any third party beneficiary does not make you follow the Agreements or any part of them, that does not mean Path or the third party beneficiary gives up their right to do so.
21. Assignment We may give the Agreements or any part of them to someone else, and Path may let someone else do any of its duties under the Agreements. You may not give the Agreements or any part of them to anyone else, or let anyone else have or use your rights under the Agreements.
22. Applicable Law English law will govern and explain these terms and conditions. You agree to only go to the English courts for any disputes.
23. Indemnification As much as the law allows, you agree to pay for and protect Path from and against all damages, losses, and costs of any kind (including reasonable attorney fees and costs) because of: (1) your breaking this Agreement; (2) any User Content; (3) any activity that you do on or through the Path Site; and (4) your breaking any law or the rights of a third party.
24. Privacy Our current privacy policy is on the Site (the “Privacy Policy”), and this is part of the Agreements. Path strongly suggests that you read the Privacy Policy carefully.
25. Cookies
A cookie is a small file that asks to be put on your computer’s hard drive. When you agree, the file is added, and the cookie helps us see how you use the web or tells you when you go to a certain site. Cookies let web applications treat you as an individual. The web application can change how it works to suit your needs, likes and dislikes by getting and remembering information about what you like.
We use traffic log cookies to see which pages are used. This helps us see data about how people use our website and make our website better and more suited to customer needs. We only use this information for looking at numbers, and then we delete the data from the system. Stopping all cookies will make many websites harder to use. You can delete cookies that are already on your computer. Please look online for how to delete cookies for your browser. But deleting cookies will make many websites harder to use.
26. Contact Us
If you have any questions about our Service or the Agreements, please contact Path Customer Service at info@photoshopcutout.com.