Clippingz

TERMS OF SERVICE

PLEASE READ THE FOLLOWING TERMS OF SERVICE BEFORE SUBMITTING YOUR ORDER TO CLIPPINGZ.COM (“CLIPPINGZ”). THESE TERMS OF SERVICE ALONG WITH ALL RULES AND POLICIES RELATING TO ’S SERVICES AS STATED ON CLIPPINGZ’S WEBSITE, INCLUDING CLIPPINGZ’S PRIVACY POLICY, (COLLECTIVELY, THE “AGREEMENT”) WILL PROVIDE YOU WITH INFORMATION ABOUT WHAT YOU CAN EXPECT FROM CLIPPINGZ’S SERVICES AND FORMS A LEGAL AGREEMENT BETWEEN US. YOUR USE OF CLIPPINGZ’S SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

1. Images

For best results, please submit images that meet CLIPPINGZ’S guidelines for resolution and file format. CLIPPINGZ works hard to make sure the edited images it returns to You are the quality our customers have come to expect from CLIPPINGZ. The returned image will be deemed accepted by You upon receipt, unless within seven (7) days You contact CLIPPINGZ though Your account page on CLIPPINGZ’S website and detail an error by CLIPPINGZ with respect to the image. CLIPPINGZ is committed to customer satisfaction and will work with You to correct any CLIPPINGZ error as determined in CLIPPINGZ’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. CLIPPINGZ deletes from its system all images approximately thirty (30) days after their respective acceptance. CLIPPINGZ is not responsible for the quality of returned images if the image You originally submitted does not meet CLIPPINGZ’S then-current guidelines.

2. Delivery

Clippingz's returns the images to You via a public web address (e.g., URL). Although Clippingz utilizes means to make Your edited image available only to You, there are inherent security limitations in a public web address which Clippingz cannot and will not rectify and for which Clippingz will not be liable. You are able to retrieve your edited images by downloading them from Clippingz's website, and in addition Clippingz may permit retrieval through an FTP server, API or other mechanism. Clippingz offers different service pricing based on different requested delivery dates. Clippingz prioritizes its orders based on requested delivery dates and recognizes that Clippingz will have satisfied and returning customers if it meets the requested delivery dates. Clippingz will use commercially reasonable efforts to deliver Your image within the time frame requested, but Clippingz does not guarantee that an order will meet its requested delivery date. If the actual date Clippingz returns Your edited image is in a different delivery tier from the price You paid (e.g., You paid for 24 hour service but Clippingz returned the image within 72 hours), You may contact Clippingz through your account page, detail the date ordered, the requested delivery date and the date actually delivered, and Clippingz will refund any difference as if You had requested the delivery date in which Clippingz actually delivered the edited image. In rare instances, particularly large orders may surpass Clippingz's processing capacity for a requested delivery date, in which case Clippingz will contact You to determine how best to restructure Your order.

3. Payment

The price of the service ordered shall be set forth in Clippingz's price list then in effect when Clippingz accepts Your order. Clippingz reserves the right to change its price list without prior notice. All payments shall be made in United States Dollars. Clippingz will process your payment upon submission of Your order and will accept Your order upon verified payment. Clippingz may consider extending a line of credit to large volume, repeat customers on a case by case basis, in which circumstance Clippingz 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 Clippingz's income. Notwithstanding 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.

4. Rights to Use Image

You are solely responsible for the images you submit. Clippingz reviews submissions for inappropriate material and reserves the right in its sole discretion to reject any image for any reason or no reason; however, Clippingz'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 Clippingz, 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 Clippingz do not contain any materials (such as malicious software code or viruses) that may harm Clippingz's or its subcontractors’ property, and You hereby grant Clippingz a non-exclusive, worldwide, transferable, royalty-free, sublicensable (through multiple tiers of sublicenses including but not limited to Clippingz'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 Clippingz and its subcontractors to perform the services You requested hereunder. You agree to indemnify and hold harmless Clippingz, 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.

5. Disclaimer of Warranties

EXCEPT FOR THE PROCEDURE SET FORTH IN SECTION 1 (“IMAGES”), THE SERVICES ARE PROVIDED “AS IS”. NEITHER CLIPPINGZ 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.

6. Limitation of Liability

IN NO EVENT WILL CLIPPINGZ, 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 CLIPPINGZ OR A LICENSOR OR SUBCONTRACTOR OF CLIPPINGZ WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, CLIPPINGZ AND ITS LICENSORS AND SUBCONTRACTORS’ TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT OR CLIPPINGZ OR ITS SUBCONTRACTORS’ PERFORMANCE OF THE SERVICES SHALL BE LIMITED TO THE TOTAL PAYMENTS TO CLIPPINGZ FOR THE SERVICES PERFORMED ON THE RELEVANT IMAGE. IN NO EVENT WILL CLIPPINGZ 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.

7. Basis of Bargain

The parties acknowledge that Clippingz 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.

8. Term

This Agreement shall be effective from the date You submit an image to Clippingz until the date the returned image is deemed accepted, provided that Clippingz may terminate this Agreement at any time and will return the fees paid by You for any image that Clippingz has not edited and Clippingz may or may not in Clippingz’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.

_CLIPPINGZ

House# 39, Road-1, 2nd floor, Mirpur-12 Dhaka-1216, Bangladesh.

+1 321 348 9635

[email protected]