Legal

Terms of Service

Introduction

Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the masking, clipping paths, color correction, retouching, restoration or other photo design or graphic services (collectively the "Service") provided to you by greenphotoshop.com (the "Site").

By using our Service you agree to be bound by these Terms which contain provisions applicable to all users of our Service, including casual visitors. If you choose to effectuate a purchase through our Site, you will have been deemed to have accepted the Terms of Service as specified herein.

By submitting photos to Greenphotoshop.com, or anyone on its behalf, you certify that you have propriety rights to said photos or permission of the photographer to alter the photo in any way, shape, or form. You agree to indemnify and hold harmless Greenphotoshop.com and JM Green Media in the event of any infraction under this provision.

Operator
This Service is managed by JM Green Media Worldwide, a sole proprietorship operating under the laws of the State of New York. For address information, please contact us at legal.

Purpose of the Service
Greenphotoshop.com is an outsourcing institution for masking, clipping paths, color correction, photo retouching, photo restoration and other graphic design services.

Availability
Greenphotoshop.com uses reasonable endeavors to ensure that the Site is available for use 24 hours per day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Greenphotoshop.com. Every reasonable step will be taken by us to minimize such disruption where it is within our reasonable control. You agree that neither Greenphotoshop.com nor JM Green Media Worldwide shall be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service or e-mail to anyone affiliated with Greenphotoshop.com.

Privacy
We have a firm commitment to safeguarding your privacy. Please review
Greenphotoshop.com's Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.

Copyright
Greenphotoshop.com and JM Green Media Worldwide, unless otherwise stated, are the owners of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our Copyright Notice.

Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service, please contact Greenphotoshop.com's agent for notice of claims of copyright infringement, who can be reached at legal. You must provide our agent with the following information, which JM Green Media Worldwide may then forward to the alleged infringer:

Identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
Provide your address, telephone number and email address;
Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
Provide your physical or electronic signature. Upon receipt of your complaint, JM Green Media Worldwide may remove content that you believe infringes your copyright. In addition, JM Green Media Worldwide may terminate the account of the member who appears to be infringing your intellectual property rights.

External Links
From time to time Greenphotoshop.com may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that neither Greenphotoshop.com nor JM Green Media Worldwide are liable for any loss or damage that you may suffer by using other websites.


Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have ordered with us before, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Greenphotoshop.com. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.

Disclaimer of Warranty and Limitation of Liability
THE SERVICE, GREENPHOTOSHOP.COM, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST
EXTENT PERMITTED BY LAW, GREEN MEDIA WORLDWIDE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO GREENPHOTOSHOP.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. INTHE EVENT OF ANY LOSS OR DAMAGE OR MISTAKE TO YOUR IMAGES, GREENPHOTOSHOP.COM SHALL NOT BE HELD LIABLE. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE GREENPHOTOSHOP.COM SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF GREENPHOTOSHOP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS,
WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, GREENPHOTOSHOP.COM LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT
SHALL IN NO EVENT EXCEED $100.00.



Conduct
You agree not to use the Service:
for any unlawful purposes;
to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Greenphotoshop.com and JM Green Media Worldwide;
to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
to attempt to upload images by any method to another user's account without permission to upload, post, email or otherwise transmit any material which is likely to cause harm to Greenphotoshop.com or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect,
error, malfunction or corruption to the Service.

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Indemnification
You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless Greenphotoshop.com, JM Green Media Worldwide, as its agent and representative, and its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content you post to the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party.

General
These Terms constitute the entire agreement between Greenphotoshop.com and JM Green Media Worldwide and you with respect to your use of the Service. Greenphotoshop.com's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

Comments
If you have any comments or questions about the Service please contact
us by phone at 646.233.1351 or by e-mail at Customer Service or by skype: green.customer.service. Please note that telephone calls made by you to Greenphotoshop.com may be randomly recorded and monitored for training and quality assurance.

Registration
To purchase from or contract with us for services, you must be 18 years or over.

You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

Password
When you register as a member you may be asked to provide a password.
As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Greenphotoshop.com immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

Formation of a Binding Contract
No contract will exist between you and Greenphotoshop.com for the supply of any services or products unless and until Greenphotoshop.com accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.

Pricing and Product Information
All prices are stated in U.S. dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Greenphotoshop.com makes every effort to provide current and accurate information about services and prices but we do not guarantee the accuracy of such information. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order products and the price published on the Service was incorrect, Greenphotoshop.com will contact you to let you know the correct price and ask you whether you
still wish for Greenphotoshop.com to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

Image Rights
Greenphotoshop.com does not claim ownership rights in any image contained in your account or uploaded to our site. In order to enable us to display your images through the Service (for example, in displaying proofs) and fulfill any orders for you or others who have access to your images, you grant to Greenphotoshop.com Imaging Network a non-exclusive, royalty-free license to use, copy, distribute and display those images.

Responsibility for Your Images
You are responsible for all of the images you upload to the Service. You must either own all right, title and interest in and to the copyrights in the images or have express permission from the copyright owner to copy and use such images for all purposes related to the Service, and the images may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.

Monitoring of Content
Greenphotoshop.com does not control the content of photos submitted by customers and does not have any obligation to monitor such content for any purpose. You acknowledge that you are legally solely responsible for all content and material you provide to the Service.

Customers
Customers who contract for services from our website will be deemed to be customers of Greenphotoshop.com. Accordingly, all of our rules, policies and operating procedures concerning customer orders, customer service and product sales will apply to those customers. We may change our policies and operating procedures at any time, including service prices and availability.

Privacy Statement for Greenphotoshop.com

We at Greenphotoshop.com have a firm commitment to safeguarding the privacy of our customers. This page will inform you about our information gathering and dissemination practices for Greenphotoshop.com and all of our services as specified on our website (the "Service").

Greenphotoshop.com is also referred to in this Statement as "we" and "us" and can be and is used interchangeably with JM Green Media Worldwide.

Your Personal Information
Greenphotoshop.com only uses your personal information to conduct business with you. Your personally identifiable information will not be rented, sold or shared with any third party, except as described in this Privacy Statement or as otherwise agreed by you. Greenphotoshop.com may disclose information it has collected from any member of the Service and/or content any member has made available on the Service when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Greenphotoshop.com or others.

We may change this Privacy Policy without notice from time to time. Please visit this page for updates and changes. Regardless of later changes or updates, Greenphotoshop.com will not use your information in a new way without first providing you with an opportunity to opt-out.

Also, if you have not already done so, please click here to review the
Terms of Service that govern your use of the Service. Our privacy policy is considered part of the Terms of Service.

Information We Collect and How We Use It

Information You Explicitly Provide
In order to establish your account or to place any orders for prints or other products provided through the Service, you will be asked to provide certain personally identifiable information to us, such as your name, mailing and email address, phone number, mobile phone number, and a credit card number and expiration date. We will use that information to send you our corporate communications (if requested) and to process and communicate with you concerning any order you may submit.

We may use aggregate non-personal information (i.e. information that does
not include personally identifiable data) for statistical analysis of user behavior, product development, content improvement and marketing,
promotional and advertising purposes. We may also make that aggregate
non-personal information available to select affiliates.

Information We May Automatically Collect

Cookies and Invisible Gifs (also known as "Clear Gifs," "Web Bugs" and
"Tracker Gifs")
Generally speaking, we may use cookies and invisible gifs to track users
of the Service (including communications) and Greenphotoshop.com's website. For example, when you visit our site, we may assign you a unique User ID and store it on your computer in the form of a cookie (unless your
browser's cookie support has been disabled). Through the use of cookies, User IDs, and invisible gifs, we will be able to optimize the performance and functionality of our site, and to personalize our site for you and present you with content and offers specific to your interests.

Disabling Cookies
If you are uncomfortable with the idea of your information being stored in cookies, we recommend disabling cookie support in your browser, though please understand this will limit the performance and functionality of Greenphotoshop.com's website. Your browser documentation will provide specific procedures for disabling cookie support. If you would like to opt-out from the newsletter mailing list, please see the instructions under the Choice/Opt-Out section below.

IP Address
We analyze IP addresses in the aggregate for system administration purposes and to gather broad demographic information. We do not link
IP addresses to your computer's User ID.

Affiliate Site ID
If you entered Greenphotoshop.com's website by clicking a link or promotion on another website, or if you used a site that provides universal registration services to sign up for our site, we will store the ID of that affiliate site in our database along with your computer's User ID. We do this to ensure that the affiliate site receives proper credit for any subsequent order you might place. We may also use this information in conjunction with your activities on our site to help us identify what offers and services may be of interest to you.

Third Party Service Providers
We may share your personally identifiable information with those companies that assist us in providing the Service to you. For example: We may share personally identifiable information (not including credit card information) with third parties that assist us with the administration
of our services, or that help us understand what our customers want and need from our service. We also may engage third parties to assist us by tracking the number of visitors to our website, including visitors that have "clicked-through" from specified promotions on affiliate websites and those visitors' activities on the site. We may also choose to offer certain third party services, through the Service and may disclose certain portions related to your personally identifiable information (not including credit card information) to allow those product producers to fulfill your product order.

Other Sites that Offer Services
Greenphotoshop.com has various affiliates that allow us to offer our services through the affiliate’s own website (each, an "Affiliate Site"). To the extent you take advantage of our services through any Affiliate Site, Greenphotoshop.com’s use of your information will be governed by the specific Privacy Policy provided on that Affiliate Site. Please be sure to review the applicable policy if you use our services through an Affiliate Site.

Your Copyrights
Greenphotoshop.com respects the intellectual property rights of
others. We claim no ownership rights in any image contained in any of
your photos or photos you have uploaded to our site, and will not share your images unless instructed by you, explicitly permitted by you, or otherwise required by law. By utilizing Greenphotoshop.com’s services, you certify that you have propriety rights over the images submitted to us for masking, clipping paths, color correction, photo retouching, photo restoration, or any other photo design services. If you violate any infraction hereunder, you agree to indemnify and hold Greenphotoshop.com and JM Green Media harmless.

Deactivating Your Greenphotoshop.com Account
If at any time you set up an account or agree to accept communications from Greenphotoshop.com, and at any point thereafter, want to deactivate your account with Greenphotoshop.com, please send an email to Customer Service with your request. Please be sure to include the email address of the account you wish to de-activate. Your account will be de-activated and you will no longer receive communications from us; however, we will keep your account information in our database for record-keeping purposes only.

Security
The Service has security measures in place to protect the loss, misuse and alteration of the information under our control. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Except as otherwise stated in this Privacy Statement, access to that data is limited to authorized Greenphotoshop.com staff members. We do not store your credit card information in our database; all orders placed on our site are done through paypal.

Other Sites; Contact Information

Links to Other Sites
This site may contain links to other sites. Greenphotoshop.com is not responsible for the privacy practices or the content of such other websites.

Contact information on privacy
If you have any questions about this privacy statement, the practices
of the Service, or your dealings with us, you can email your questions
to legal.


Copyright Policy

Ownership
All copyright in the material contained on this website (the "Site Material") is owned by Greenphotoshop.com and its licensees, unless stated otherwise. All rights reserved. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:

License to copy for personal use:
You may for your personal use save to your individual storage medium copies of the Site Material as necessary and incidental to your acts of viewing it, and you may print for your personal use of so much of the Site Material as is reasonable for private purposes provided that all proprietary notices are retained.

No part of this Site may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system.

Greenphotoshop.com reserves the right to withdraw or modify the licenses set out above at any time.