Thanks for choosing Photo Phant Lab. (“Photo Phant Lab”, “we”, “us”, “our”). By signing up or otherwise visiting, using, or engaging with our website (“photophantlab.com”) and services (together, the “Photo Phant Lab’s Website” or “Site”), or accessing any content or material that is made available by Photo Phant Lab through the Service You (“you”, client, “user”, “customer”) are entering into a binding contract with Photo Phant Lab. The Photo Phant Lab Service also includes the Customer Portal as further described in the Customer Portal section.
Please read the Agreements carefully. They cover important information about Photo Phant Lab's Services provided to you and any charges, taxes, and fees we bill you.
In order to use Photo Phant Lab's Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements; (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and (3) resident in a country where the Site is available. You also promise that any registration information that you submit to Photo Phant Lab is true, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. It is your responsibility to check these Agreements periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Agreements, Photo Phant Lab grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
3. Site Limitations and Modifications
Photo Phant Lab will make reasonable efforts to keep the Photo Phant Lab Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Photo Phant Lab reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Photo Phant Lab Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Photo Phant Lab Service or any function or feature thereof. You understand, agree, and accept that Photo Phant Lab has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Site. This section will be enforced to the extent permissible by applicable law. Photo Phant Lab and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
4. Using the Site
Here’s some information about all the ways you can use the Site.
4.1 Our Services
Photo Phant Lab provides clipping path and other Photoshop services. Photo Phant Lab requires full payment when you submit your order for Services, unless otherwise agreed upon by both Parties. You can request a quote before purchasing. You can learn more about our services by visiting our website.
4.2 Customer Portal, Account Creation, and Passwords
As a condition to using certain products and services of the Service, User may be required to register with Photo Phant Lab and select a password. User shall provide Photo Phant Lab with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Photo Phant Lab immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Photo Phant Lab or any other user of or visitor to the Site due to someone else using your username, password or account.
5. Rights We Grant to You
The Photo Phant Lab and the Content are the property of Photo Phant Lab. Photo Phant Lab, and its affiliated/associated companies. We grant you a limited, non-exclusive, revocable license to make use of the Site, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or Photo Phant Lab. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Site or the Content.
All Photo Phant Lab trademarks, service marks, trade names, logos, domain names, and any other features of the Photo Phant Lab brand (“Photo Phant Lab Brand”) are the sole property of Photo Phant Lab or its licensors. The Agreements do not grant you any rights to use any Photo Phant Lab Brand whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Site, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Photo Phant Lab grants no right, title, or interest to you in the Site or Content.
6. Third Party Applications
Photo Phant Lab is integrated 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 make available content, products, and/or services to you. 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 such terms and conditions and privacy policies. You understand and agree that Photo Phant Lab does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications.
7. User-Generated Content
Photo Phant Lab users may post, upload, and/or contribute (“post”) content to the Site to obtain services (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “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, with respect to any User Content you post on the Site, (1) you have the right to post such User Content, and (2) such User Content, or its use by Photo Phant Lab as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Photo Phant Lab of any entity or individual without express written consent from such individual or entity.
Photo Phant Lab may, but has no obligation to, monitor, review, or edit User Content. In all cases, Photo Phant Lab reserves 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 Photo Phant Lab's sole discretion, violates the Agreements. Photo Phant Lab may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you provide. Photo Phant Lab is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Photo Phant Lab RELATED TO USER CONTENT THAT YOU PROVIDE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Photo Phant Lab HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
8. Rights You Grant Us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Photo Phant Lab Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Photo Phant Lab Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by Photo Phant Lab may contain advertising as part of the Content. In such cases, Photo Phant Lab will make such Content available to you unmodified.
Unless you have advised the Photo Phant Lab otherwise in writing, you agree that we may use your images on our website (including a link to the homepage of your website) and in our marketing materials.
If you provide feedback, ideas or suggestions to Photo Phant Lab in connection with the Photo Phant Lab Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize Photo Phant Lab to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
9. User Guidelines
Photo Phant Lab respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Site, to make sure Photo Phant Lab is able to continue providing service via their Site.
The following is not permitted for any reason whatsoever:
Copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, or making available to the public any part of the Photo Phant Lab Site or the Content, or otherwise making any use of the Photo Phant Lab Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Photo Phant Lab Service or the Content or any part of it; using the Photo Phant Lab Service to import or copy any local files you do not have the legal right to import or copy in this way; transferring copies of cached Content from an authorized Device to any other Device via any means; reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Photo Phant Lab Service, Content or any part thereof unless permitted by applicable law; circumventing any technology used by Photo Phant Lab, its licensors, or any third party to protect the Content or the Service; selling, renting, sublicensing or leasing of any part of the Photo Phant Lab Service or the Content; circumventing any territorial restrictions applied by Photo Phant Lab or it licensors; or otherwise manipulating the Services by using a script or other automated process; removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Photo Phant Lab Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content); providing your password to any other person or using any other person’s username and password; “crawling” the Photo Phant Lab Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Photo Phant Lab; or selling a user account, or otherwise accepting any compensation, financial or otherwise.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Photo Phant Lab account. You also agree that Photo Phant Lab may also reclaim your username for any reason.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
10. Intellectual Property
Photo Phant Lab respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please contact us at email@example.com.
All content included on the Site, such as text, graphics, logos, button icons, images, digital downloads, data compilations and software, is the property of Photo Phant Lab or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on the Site is the exclusive property of Photo Phant Lab and protected by United Kingdom and international copyright laws. All software used on (or provided through) the Site is the property of Photo Phant Lab or its software suppliers and protected by United States and international copyright laws. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may print or download to a local hard disk extracts 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 acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit 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 questions (“Customer Support Queries”), please contact our Customer Service department at firstname.lastname@example.org. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
12. Payments, Refunds, and Cancellations
12.1 Payment and Extended Credit
Photo Phant Lab requires all individual clients to pay for work in full upfront before work begins. Payment methods are Paypal, credit cards, or Bank Transfer. Corporate clients may be extended credit, subject to satisfactory reference checks and at the discretion of Photo Phant Lab. Any Clients with extended credit will need to sign a contract sent by a member of the team. Full payment for the work will be required no more than 4 (four) days after delivery. Photo Phant Lab may also allow for recurring monthly payment options. Under such arrangement, the client pays monthly for all Services rendered during that time period. Photo Phant Lab reserves the right to cancel any extended credit to any client for non-payment at any time. All expenses will be agreed in advance.
12.2 Quality Guarantee & Refunds
Photo Phant Lab strives to provide services of the highest quality. In the unlikely event that you are not satisfied with the results of your project, we will make reasonable corrections and amendments as necessary All revisions and refund requests must be made within 14 days of delivery. We also reserve the right to cancel any amendment request, if the Client changes the requirements from what was originally requested. If the edited images follow the same quality standard as an approved sample image, Photo Phant Lab cannot refund that order. We do understand that sometimes things change outside of our control, so we may be able to adjust the images to meet your needs at a reduced cost. Any amendments made as part of our quality guarantee are without prejudice to Photo Phant Lab or its associate companies.Payments for quotes can be purchased directly from Photo Phant Lab. If customer has downloaded their images And are unable to provide a valid reason for dissatisfaction, no refund will be provided .
If you believe you are entitled to receive a refund of any monies paid to Photo Phant Lab, please contact Customer support.
Prices may vary for services provided. Photo Phant Lab may change the price for pre-paid work or credit (for work products not yet paid for) and will communicate any price changes to you before confirming a new order. As permitted by local law, you accept the new price by continuing to use Photo Phant Lab's Service after the price change takes effect. Photo Phant Lab reserves the right to revise our prices periodically, and that will have immediate affect to relevant services. We might not notify clients about these changes but they will see the price before confirming any new order, unless there is a separate agreement with any client.
12.4 Promotional Offers and Discounts
Photo Phant Lab may have offers in the form of coupon codes or other means. Photo Phant Lab reserves the right to cancel promotional offers or discounts without assigning any reason
12.5 The Click Customer Loyalty and Referral Program
The Click is Photo Phant Lab's customer loyalty and referral program. Clients may refer friends, colleagues and family members to Photo Phant Lab and may not be used in any other way. Clients may not use multiple email addresses to earn rewards, and referrals may not use multiple email addresses to earn additional rewards. Violation of such terms will be considered as abuse of the program and any reward given will be withdrawn or canceled. Photo Phant Lab reserves the right to cancel or withdraw any rewards such as Click Points or Edit Credits for any reason.
13. Quotes and Orders
If the images of a Client’s order does not match the sample provided with the original quote, the order may be canceled. Photo Phant Lab may provide a new quote which the Client can use to place a separate order. If an order is placed using an order template for which the original quote provided was based on different type or category of images, Photo Phant Lab may cancel the order and provide a new quote the Client can use to place a separate order.
14. Turnaround Time
When a Client selects a turnaround time when placing order, that time begins after the Client has finished uploading all of the images to be edited. The time does not begin when the order is submitted.
15. Term and Termination
The Agreements will continue to apply to you until terminated by either you or Photo Phant Lab. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Photo Phant Lab may terminate the Agreements or suspend your access to the Photo Phant Lab Site or Customer Portal at any time, including in the event of your actual or suspected unauthorised use of the Photo Phant Lab Service and/or Content, or non-compliance with the Agreements. If you or Photo Phant Lab terminate the Agreements, or if Photo Phant Lab suspends your access to the Photo Phant Lab Service, you agree that Photo Phant Lab shall have no liability or responsibility to you, and Photo Phant Lab will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Photo Phant Lab account, please contact us at email@example.com. This section will be enforced to the extent permissible by applicable law. You may terminate 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 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
16. Warranty and Disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE PHOTO PHANT LAB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE PHOTO PHANT LAB SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOTO PHANT LAB AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER PHOTO PHANT LAB NOR ANY OWNER OF CONTENT WARRANTS THAT THE PHOTO PHANT LAB SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, PHOTO PHANT LAB MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PHOTO PHANT LAB SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT PHOTO PHANT LAB IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE PHOTO PHANT LAB SITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM PHOTO PAHNT LAB SHALL CREATE ANY WARRANTY ON BEHALF OF PHOTO PHANT LAB IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PHOTO PHANT LAB SERVICE IS TO STOP USING THE PHOTO PHANT LAB SITE. WHILE PHOTO PHANT LAB ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO PHOTO PHANT LAB, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHOTO PHANT LAB, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE PHOT O PHANT LAB SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PHOTO PHANT LAB HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PHOTO PHANT LAB SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Photo Phant Lab DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
18. Third-Party Rights
You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Photo Phant Lab, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
19. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Photo Phant Lab, the Agreements constitute all the terms and conditions agreed upon between you and Photo Phant Lab and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
20. Severability and Waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Photo Phant Lab or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Photo Phant Lab ’s or the applicable third party beneficiary’s right to do so.
Photo Phant Lab may assign the Agreements or any part of them, and Photo Phant Lab may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
22. Applicable Law
These terms and conditions shall be governed by and interpreted with English law. You agree to submit to the exclusive jurisdiction of the English courts.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Photo Phant Lab harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Photo Phant Lab Site; and (4) your violation of any law or the rights of a third party.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website and in order to tailor it to customer needs. We only use this information for statistical analysis purposes, and then the data is removed from the system. Blocking all cookies will have a negative impact upon the usability of many websites. You can delete cookies already stored on your computer. Please check online for browser specific cookie deletion instructions. However, deleting cookies will have a negative impact on the usability of many websites.
26. Contact Us
If you have any questions concerning the Photo Phant Lab Service or the Agreements, please contact Photo Phant Lab Customer Service at firstname.lastname@example.org.