<Terms and Conditions: Online Photo Retouching with Virtual Cosmetic Surgery
 
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Terms of Use

By using the pages in this Site, you agree to these terms and conditions. If you do not agree, you must not use this Site. These terms and conditions may be changed or updated from time to time.

 

Copyright, Trade and Service Marks

Unless otherwise indicated, the content of this Site is copyright by MPP My Perfect Profile (referred to as "My Perfect Profile," "we," "us," or "our") and all our rights are reserved. The term “you” refers to the user or viewer of this Site. The text, graphics, design, compilation other content features in this Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Apart from any ‘Fair Use’ permitted under the Copyright Act (Australia 1968), you must not copy, frame, modify, transmit or distribute the material at this site without the consent of the copyright owner. You must not use any trade or service marks featured on this Site without permission. Any commercial use is expressly prohibited. This means, for example, that you must not post material from this Site to a local intranet site, or distribute the material for your own commercial purpose, without the copyright or trade or service mark owner's permission.  You must not remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in this Site.

 

Agreement to Purchase

An order placed by you for any of our services is an irrevocable offer to buy and cannot be retracted.

 

Registration

To order from this Site, you agree to provide us with your real name and other accurate registration information as required in the online Order Form. Use of our service is limited to one account per natural person and we reserve the right to delete accounts at our SOLE discretion and without notice.  Any password or right given to you to obtain information or documents from this Site is not transferable or assignable.

 

Payment

You agree to pay the charges incurred by you at our published rates (including all applicable taxes) and you represent and warrant to us that any credit information you supply is true and complete.

 
Transmission of Finished Work

After your order has been accepted by us, we will notify you by to view and download your photographs. Notification occurs typically within 24 hours of order submission. Your photographs will be kept on our server for a period of 30 days, after which they will be deleted. If you are unable to download the photographs, notify us immediately and we will extend the period of availability for a further 14 days and provide an alternate method of delivery if that is necessary.

 
Correction and Refund Policy

 In the event that you are dissatisfied with the photographic retouching we provide to you, and you clearly explain the reasons to us in writing within 24-hours of receipt of the modified photograph, we will provide you with a revision of the image at no cost. If you are still not satisfied with the image, and advise us in writing within 24-hours of receipt of the further revised photograph, we will provide you with a full refund. Revisions you request must be within our published definitions of the service you originally purchased from us.

 

Restrictions on Use

You must not upload, email, post or otherwise transmit any content to this Site that you do not have the lawful right to copy, transmit and display or which is unlawful, obscene, harmful, harassing, hateful, threatening, defamatory, or contains symbols and or objects of hate, nudity, pornography or other content that could incite unlawful action, or constitutes hate speech.

 

Privacy and Unlawful Activity

Your privacy is important to us and our Privacy Policy, as published on this Site, is a part of our Terms of Use.  However, please note we reserve the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement agencies, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your personal profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

Third Parties

This site may contain links to the sites of third-party product or service providers or content suppliers. However such links do not imply our approval or endorsement of their content or offers nor are we a party to any transactions entered into on those sites. If you decide to leave this Site and access third-party sites, you agree you do so at your own risk.

 

Linking to this Site

You must not link to this site from a Site engaged in illegal or pornographic activities or in a manner which disparages the reputation of My Perfect Profile, its related bodies corporate, suppliers or advertisers.  You must not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site. You must discontinue providing links to this Site immediately upon request by us.

 

Limitation of Liability

You expressly agree that use of this Site is at your sole risk and that the services of this Site are provided on an "as is" and "as available" basis. My Perfect Profile expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement, to the extent permitted by applicable law. In no event will we be liable to you for any indirect, incidental or consequential damages arising out our services or any products provided under any agreement, even if we have been advised of the possibility of such damages. Where these limitations or exclusions may be restricted by law, you agree that our liability to you for damages or otherwise for any cause whatsoever, regardless of the form of the action, will be strictly limited to 100% of the fees you paid to us (or which you are liable to pay to us) net of any refund you have previously received from us.

 

Indemnification

You agree to indemnify, defend and hold us harmless from any liability, loss, claim and expense, including ALL reasonable legal fees and expenses, related to your violation of our Terms of Use or your use of this Site.

 

Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria in the Commonwealth of Australia and the parties submit to the exclusive jurisdictions of the courts of State of Victoria in the Commonwealth of Australia. These Terms of Use are binding to the benefit of each party and their respective heirs, successors and assigns.

 
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