A. ACCEPTANCE OF TERMS
PhotoTouchup.com, a property of Beetown Communications, provides its services to customers subject to the following Terms of Service ("TOS"), which may be updated by us without notice to you. If you are viewing this TOS off-line, please review the lastest version here.
B. DESCRIPTION OF SERVICE
PhotoTouchup.com provides electronic photo touch-up services ("Service"). You understand and agree that PhotoTouchup.com assumes no responsibility for the origin and use of these photos.
C. INDEMNITY
You agree to indemnify and hold PhotoTouchup.com, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the photos you submit and use through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
D. LIMITATION OF LIABILITY
You expressly understand and agree that PhotoTouchup.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use of the touched up photos.
E. HANDLING OF STORAGE MEDIA
Storage media sent to PhotoTouchup.com by customers will not be returned. It is the responsibility of the customer to ensure that a backup copy is retained. You expressly understand and agree that PhotoTouchup.com shall not be liable for any loss of storage media through the mail.
F. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and PhotoTouchup.com and govern your use of the Service, superceding any prior agreements between you and PhotoTouchup.com. The TOS and the relationship between you and PhotoTouchup.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and PhotoTouchup.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of PhotoTouchup.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one year after such claim or cause of action arose or be forever barred.
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