Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE BEFORE SUBMITTING YOUR ORDER TO www.Edit-Seven.com (“Edit Seven”). THESE TERMS OF SERVICE ALONG WITH ALL RULES AND POLICIES RELATING TO Edit Seven’s SERVICES AS STATED ON Edit Seven’s WEBSITE, INCLUDING Edit Seven’s PRIVACY POLICY, (COLLECTIVELY, THE “AGREEMENT”) WILL PROVIDE YOU WITH INFORMATION ABOUT WHAT YOU CAN EXPECT FROM Edit Seven’s SERVICES AND FORMS A LEGAL AGREEMENT BETWEEN US. YOUR USE OF Edit Seven’s SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
1. Images
For best results, please submit images that meet Edit Seven’s guidelines for resolution and file format. Edit Seven works hard to make sure the edited images are returned to you are the quality our customers have come to expect from Edit Seven. The returned image will be deemed accepted by You upon receipt, unless within seven (7) days You contact Edit Seven though Your account page on Edit Seven’s website and detail an error by Edit Seven with respect to the image. Edit Seven is committed to customer satisfaction and will work with You to correct any Edit Seven error as determined in Edit Seven’s sole discretion, including but not limited to re-performing its services to correct such an error. You will review any corrected image and accept or reject the same in accordance with this Section 1 (“Images”). This process shall repeat itself until the returned image is deemed accepted. Edit Seven deletes from its system all images approximately thirty (40) days after their respective acceptance. Edit Seven is not responsible for the quality of returned images if the image You originally submitted does not meet Edit Seven’s then-current guidelines.
2. Delivery
Edit Seven returns the images to You via a public web address (e.g., URL). Although Edit Seven utilizes means to make Your edited image available only to You, there are inherent security limitations in a public web address which Edit Seven cannot and will not rectify and for which Edit Seven will not be liable. You are able to retrieve your edited images by downloading them from Edit Seven’s website, and in addition Edit Seven may permit retrieval through an FTP server, API or other mechanism. Edit Seven prioritizes its orders based on requested delivery dates and recognizes that Edit Seven will have satisfied and returning customers if it meets the requested delivery dates. Edit Seven will use commercially reasonable efforts to deliver Your image within the time frame requested, but Edit Seven does not guarantee that an order will meet its requested delivery date.
3. Returns, Refunds & Cancellation Policy
Edit Seven has a 100% satisfaction guarantee. If you are dissatisfied with your images for any reason, we will do everything we can to fulfill your order requirements to your satisfaction. You always have the option to reject delivered images and return them for reprocessing free of charge, if they do not match you order specifications. Refunds and Credits All refunds and account credits are evaluated on a case by case basis. If you feel you need a refund or credit applied to your account, please contact our Customer Success team at info@Edit Seven.com
4. Payment
The price of the service ordered shall be set forth in Edit Seven’s price list then in effect when Edit Seven accepts Your order. Edit Seven reserves the right to change its price list without prior notice. All payments shall be made in Pounds and Pence Sterling. Edit Seven will process your payment upon submission of Your order and will accept Your order upon verified payment. Edit Seven may consider extending a line of credit to large volume, repeat customers on a case by case basis, in which circumstance Edit Seven will invoice such customers on a monthly basis. You are responsible for paying any applicable taxes, duties or tariffs relating to your order, except taxes on Edit Seven’s income. Not with standing the payment terms, all other terms of this Agreement apply to any free trial. Free trials are limited to product images only (e.g., no pet, person, logo or landscape images) and machine-like or automated submissions (e.g., multiple free trial requests from the same IP address) will not be accepted.
5. Rights to Use Image
You are solely responsible for the images you submit. Edit Seven reviews submissions for inappropriate material and reserves the right in its sole discretion to reject any image for any reason or no reason; however, Edit Seven’s acceptance of an image for processing should not be construed as a determination of Your rights to use the image. By submitting an image to Edit Seven, You represent and warrant that You have the legal authority to enter into this Agreement, that you have the right to use any credit card(s) or other payment means used to initiate any transaction, that any images You submit to Edit Seven do not contain any materials (such as malicious software code or viruses) that may harm Edit Seven’s or its subcontractors’ property, and You hereby grant Edit Seven a non-exclusive, worldwide, transferable, royalty-free, sublicensable (through multiple tiers of sublicenses including but not limited to Edit Seven’s subcontractors) perpetual, irrevocable license under all intellectual property rights throughout the world (including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to reproduce, modify, edit, make derivate works from, distribute (through multiple tiers), publicly perform and display and otherwise use the image as reasonably necessary for Edit Seven and its subcontractors to perform the services You requested hereunder. You agree to indemnify and hold harmless Edit Seven, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims, liabilities or expenses (including without limitation attorneys’ fees) that arise directly or indirectly from Your breach of this Agreement.
6. Disclaimer of Warranties
EXCEPT FOR THE PROCEDURE SET FORTH IN SECTION 1 (“IMAGES”), THE SERVICES ARE PROVIDED “AS IS”. NEITHER Edit Seven NOR ITS LICENSORS OR SUBCONTRACTORS MAKES ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER. ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, PERFORMANCE, MECHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT WILL Edit Seven, ITS LICENSORS OR SUBCONTRACTORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, REVENUE, SAVINGS, BUSINESS, DATA OR GOODWILL, HOWEVER USED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE ON ANY THEORY OF LIABILITY, WHETHER OR NOT Edit Seven OR A LICENSOR OR SUBCONTRACTOR OF Edit Seven WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, Edit Seven AND ITS LICENSORS AND SUBCONTRACTORS’ TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT OR Edit Seven OR ITS SUBCONTRACTORS’ PERFORMANCE OF THE SERVICES SHALL BE LIMITED TO THE TOTAL PAYMENTS TO Edit Seven FOR THE SERVICES PERFORMED ON THE RELEVANT IMAGE. IN NO EVENT WILL Edit Seven OR ITS LICENSORS OR SUBCONTRACTORS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONS OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
8. Basis of Bargain
The parties acknowledge that Edit Seven has set its prices in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
9. Term
This Agreement shall be effective from the date You submit an image to Edit Seven until the date the returned image is deemed accepted, provided that Edit Seven may terminate this Agreement at any time and will return the fees paid by You for any image that Edit Seven has not edited and Edit Seven may or may not in Edit Seven’s sole discretion return fees paid for edited images not yet deemed accepted. Sections 3-9 of these Terms of Services, and any other provisions by their very nature, shall survive the expiration or termination of this Agreement.
10. General Provisions
This Agreement applies only to You and may not be assigned or transferred by You. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of Edit Seven. This Agreement will be governed by and construed according to the laws of United Kingdom. without regard to that body of law controlling conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event of any dispute or claim arising out of this Agreement, the parties shall submit to arbitration with the mutually agreeable arbitration service or location. This Agreement is written in English and the governing language shall be English. The use of the singular includes the plural and vice versa, as the context may require. The headings used in this Agreement are for convenience of reference only and shall not in any way affect the interpretation of the provisions of this Agreement. Edit Seven shall not be liable for any alleged loss or damages resulting from failure to perform due to acts of God, natural disasters, strike, shortages of labor, acts of civil or military authority, governmental priorities, fire, floods, epidemics, quarantine, energy crises, war, riots or interruption of Edit Seven’s production for reasons beyond Edit Seven’s reasonable control. Edit Seven may amend this Agreement at any time, and the terms that will govern Edit Seven’s service of a particular image are those in effect on the date You submit the image. No waiver will be implied from conduct or failure to enforce rights. If any part of this Agreement is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force. In case of conflict between these Terms of Service and any other statement on Edit Seven’s website, these Terms of Service shall control. This Agreement represents the entire agreement between the parties relating to its subject matter and supersedes all other representations.
11. Security
We feel that it is important for you to be able to shop online with confidence so we have created a secure transaction environment for you using a combination of both established and innovative techniques to ensure the integrity of all sensitive data. All communication and information transmitted on-line is encrypted using complicated logarithm combinations. This is in addition to the protection afforded you by your cardholder to prevent fraudulent use of the card in a “card not present” environment.