Terms and Conditions

1. Introduction

Before you begin setting up your account with Foto Enchanter (herein referred to as “we”, “us”, or “ Foto Enchanter”), please read the following Terms and Conditions(“Terms and Conditions”) carefully. These Terms and Conditions govern your access to and use of the Foto Enchanter service (“Service”). This will constitute a binding agreement between you and Foto Enchanter. Your access to and use of the Service are expressly conditioned on your compliance with these Terms and Conditions. Note that any violation of these Terms and Conditions may result in termination of our Service to you.

Foto Enchanter reserves the right to change these Terms and Conditionsfrom time to time. Please refer to this web page periodically for any changes. By continuing to access or use the Service after Foto Enchanter makes any such changes, you agree to be bound by any such revise Terms and Conditions.

2. Eligibility for Service

(1) In order to be eligible for use of the website and the services by Foto Enchanter , you must provide all required information including your name and an accurate and legitimate email address.

(2) Purchasers from the website should be at least 18 years of age

(3) You must be at least 13 years of age to use the website. We are concerned about the about the safety and privacy of all users, but particularly with regards to children. Before a child views this community the child’s parent or guardian must read and agree to be bound by these Terms. We recommend that any Parent or Guardian who wishes to allow their children to access and use the website and services should, at all times, supervise such access and use. If you have any concerns please feel free to contact us at admin@fotoenchanter.com.

3. Member Account, Email Preferences, Password and Security

(1) You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to

(a) immediately notify Foto Enchanter of any unauthorised use of your password or account or any other breach of security, and

(b)ensure that you exit from your account at the end of each session. Foto Enchanter cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. Linking directly to images onFoto Enchanter servers from external sites is expressly prohibited.

(2) You agree that we need to be able to access your account for the following reasons:

(a)We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;

(b)To maintain our Service to you and develop new and useful features and services;

(c)To follow a court order, complaint or a lawful request from governmental authorities;

(3) On creating your free account, you will automatically be opted in to receive newsletter and special promotions suitable for your account usage. If you wish to unsubscribe from these emails, please visit your account settings and change the email preferences to suit your particular needs.

(4) Foto Enchanter reserves the right to close accounts set up for fraudulent purposes and to delete multiple accounts at our sole discretion and without notice.

4 Submission Policy

(1) Submission refers to any image or anything whatsoever that you post or upload to the website or email, transmit or submit to us. Under these Terms, you agree that you will not submit NOR obtain any of the following using the website and/or the services:

Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane submission or any other material that could give rise to any civil or criminal liability under applicable law.Foto Enchanter recommends you use an "adult-content" warning label when images are being shared that include legal adult content;
Any material that could infringe rights of privacy, publicity, copyrights, other intellectual property rights or any other third party rights, without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;

Any material sent from an anonymous or false address;
Any material that promotes bigotry, racism, hatred or harm against any individual or group;
Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Any material depicting or simulating pornographic acts with a child under the age of 18 or which may otherwise be considered child pornography will be removed and reported immediately.

(2) Where we, in our sole discretion, suspect or believe any submission is in breach of the law , for example such as child pornography, we reserve the right to report this to the appropriate authorities.

(3) You will submit certain material toFoto Enchanter, including without limitation, photographic images, as part of your use of the Service ("Submissions"). Enhancements are made to your Submissions pursuant to your instructions by independent contractors. The independent contractors utilised byFoto Enchanter have been screened for their technical and artistic abilities.

You understand and agree that Foto Enchanter assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any photographs, communications or personalisation settings. You are responsible for obtaining access toFoto Enchanter Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access to the Service. Foto Enchanter forbids its independent contractors from utilising your Submissions for any purpose other than providing you with the enhanced or modified photographs you request. Although Foto Enchanter routinely evaluates its independent contractors and may terminate their services for violating Foto Enchanter' policies, you understand and agree that Foto Enchanter assumes no responsibility for the misdirection or misuse of your Submissions by independent contractors. If, at any time, you learn of any misdirection or misuse of your Submissions, please advise us, as we may terminate the services of any technician responsible for such misdirection or misuse.

5. Payments

(1) The Price of the Services is inclusive of all taxes and as shown on the website at the time of ordering.

(2) Payment must be made by Visa, Mastercard or PayPal before services are commenced. By placing an order, you confirm that the PayPal account, and/or the credit or debit card that is being used is your own, or is being used with full authorisation of the account and/or card holder. If the issuer of your card refuses to authorise payment, we will not be able to process your order, nor will we be liable for any delay or non-delivery as a result.

(3) Where there are problems with your payment we reserve the right to charge interest on overdue payment at the rate of 10% per annum to recover all reasonable expenses incurred in obtaining payment from you

6. Order Completion & Delivery

(1) After your order has been completed, you will be notified via e-mail to view and download your pictures via the internet. Although we do not guarantee the speed of services, depending on the quantity of pictures ordered, delivery time will usually vary from 24 hours to 72 hours. For large quantity orders, delivery time may be more or delivered back to you in stages.

(2) The photo files will remain on our server up to 90 days, after which time the files will be deleted from the website. If you are unable to download the pictures, please notify us before the end of the 90 days at admin@fotoenchanhter.com and the file(s) will be made available for an additional 14 day period or an alternate method of delivery will be arranged. There may be a charge for this alternative delivery.

7. Refund and Return Policy

(1) In view of the nature of the Services provided, you specifically agree to waive any cancellation or refund rights under the Consumer Protection (Distance Selling) Regulations 2000, particularly Regulation 13, unless agreed otherwise in writing.

(2) Photo services at Foto Enchanter are provided as a unique service to you based on the examples shown on the website. You, as the customer give Foto Enchanter full creative title to recreate the said examples based on your requests. You must give your specific requirements where needed and Foto Enchanter will claim no responsibility if you fail to do this. However this is not intended to affect any statutory rights.

(3) Due to the bespoke nature of all airbrushed and re-touched photos, items that are delivered via email as described and in good condition may not be returned or a refund given.

(4) In the event that you are dissatisfied with the service provided to you by Foto Enchanter, we will provide you with a revision of the image at no cost. If, after the revision is complete, you are still not satisfied with the image, we will provide you with a full refund. It is your responsibility to provide details to help us perform the changes necessary for a satisfactory revision. We will review the revision comments, and will rework the photo as long as it is within the defined parameters of the service offering originally purchased. To submit an image for a revision, please email the image and comments to admin@fotoenchanhter.com

8. Copyright Material & Intellectual Property

(1) Foto Enchanter is committed to protecting all photographers' copyrights and expects users of the Service to do the same. By using the website and service and making any submission you confirm that you are complying with the law and warrant that

(a) it is your own original work or that you have the written permission of the copyright owner and that you have the right to make it available to Foto Enchanter

(b) does not infringe any law; and

expenses that may be incurred by Foto Enchanter as a result of your breach

of the above warranty; and

(d) you waive any moral rights in your contribution for the purposes of its

submission to and publication on the site and the purposes specified above. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at admin@fotoenchanter.com and provide all relevant details.

(2) At Foto Enchanter' discretion and in appropriate circumstances, Foto Enchanter may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. Foto Enchanter will have the right to investigate and prosecute any breaches of intellectual rights infringement and/or web site security issues, to the fullest extent of the law.

(3) You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

9. Copyright of Site

(1) The content, organisation, graphics, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. All right, title and interest in and to the Foto Enchanter site and Service is and will remain the exclusive property of Foto Enchanter and its licensors. You do not acquire ownership rights to any content, document or other materials viewed through the Site

(2) The site and Service are protected by copyright, trademark and other laws of both Canadian and foreign countries. You may not copy or modify any part of the website, including but not limited to the HTML code used to generate web pages on the site.

(3) You additionally agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Site. Except as expressly authorized by Foto Enchanter, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content contained on or in this Site, in whole or in part.

(4) By accessing the Site, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

(5) You may not use the site or Service on, or in connection with, any other website, for any purpose without our express written permission.

(6) The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

10. Use and Storage

(1) We do NOT provide photo storage service and full-size photos are only kept on our server for 30 days. Once you download the full-size edited photos, your original photos and full-size edited photos will be removed from our server within 30 days.

(2) You agree that Foto Enchanter has no responsibility or liability for the deletion or failure to store any Submissions and acknowledge that Foto Enchanter reserves the right to log off inactive accounts

11. Cancelling the Service & Right to Refuse Service Other than expressly provided elsewhere in these terms:-

(1) If you breach any of these Terms, your permission to use the Service will terminate automatically.

(2) Foto Enchanter reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and after waiting for what we deem to be a reasonable period for your response.

(3) Submissions or accounts attempting to promote what we deem to be inappropriate content, will be subject to immediate termination and we reserve the right to contact the appropriate authorities.

(4) Further, we reserve the right to refuse membership to any person at any time.

12. Third-party Software

(1) We may make third party software available to you from time to time. To access such third party software, you must first agree to the third party software provider's terms and conditions governing use of such software which agreement will be between you and the third party software provider. Foto Enchanter is not a party to any such arrangement between you and a third party software provider and disclaims any liability, and provides no warranties relating to such software.

(2) This means that we do not guarantee that any third party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.

13. Third-party Links

(1) We may provide links to third-party sites that might be of interest to you, However, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that Foto Enchanter is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites.

(2) Links to third-party sites do not imply any endorsement by Foto Enchanter of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.

14. Advertisers

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.

15. Content Submission Disclaimer

(1) While Foto Enchanter is not responsible for, and does not review or comment on the content of Submissions provided by Foto Enchanter users, Foto Enchanter reserves the right in its sole discretion to

delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or
take any other action that Foto Enchanter deems necessary relating to use or

misuse of the Service.

(2)Foto Enchanter may request confirmation of the copyright or trademark ownership from you. If Foto Enchanter does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, Foto Enchanter reserves the right to

suspend the shipping of an order relating to the Submission in question, and/or
share the submitter's account information with governmental organizations, law enforcement authorities or other third parties.

(3) If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Foto Enchanter reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved.

(4) Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. Foto Enchanter will not be liable for the content of any Submission and, as further set forth herein, expressly and fully disclaims all liability relating thereto.

(5) You hereby grant to Foto Enchanter a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.

16.Revision Policy

We are always ready to provide quality revision for free as long as the customer revision request follows these terms:

Revision requests are time-bound. We accept revision requests within 30 days following the completion of the order. If you do not take any actions within 30 days, your order will be automatically closed and can NOT be re-opened. You will need to place a new order for editing or revising the same photos;
-Revision instructions should NOT conflict with or deviate from the original instructions filled out when the order was placed;

17.Photo Replacement

We do NOT accept photo replacement after service is delivered. If you send us a wrong photo and we have delivered our service for it, you should NOT ask us to edit another photo for free as replacement. You agree that you are fully responsible for the consequences of sending us a wrong photo.