TERMS OF SERVICE

Before submitting your order through Background Be Gone, please read ALL of the following Terms of Service along with ALL of the Rules and Policies relating to Background Be Gone’s Services as stated within the website: Privacy Policy and the Agreement includes information towards what you can expect from our services as well as legal agreement forms between the company and us. When using Background Be Gone’s services, you are accepting the terms of the agreement.

Photo

When submitting images, the best results come from photos that meet our guidelines for filing format and resolution. Background Be Gone works hard to give you the best quality possible in these edited images. When the image is returned to you, you are accepting it based upon receipt, unless you contact us through the contact page within seven (7) days with details about the errors you experienced with your finished product. Customer satisfaction is important to us, we will work hard with you to fix any errors from us determined at our sole discretion, this includes, but not limited to, re-doing the services to ensure the errors are taken care of. After such, you will be able to review and accept/reject in according to this Section. This shall be in repetition until the image is accepted. After thirty (30) days of accepting a finished image, Background Be Gone deletes these images from their system. Background Be Gone is not responsible for the quality of your finished image if the guidelines were not followed or met when you originally submitted the image.

DELIVERY

When completing an image, Background Be Gone submits the finished image to you via a public URL. Although we try our best to make sure your image is only available to you, there are limitations in security within a public web address in which Background Be Gone cannot be held liable for these breaches of security. Your edited images are able to be retrieved by downloading them from the Background Be Gone webpage, as well as a possibly temporary retrieval through a FTP server, or another mechanism. We also offer a variety of services, with different prices, based on your delivery date requested, and if Background Be Gone will be able to satisfy the requested date, however we do not guarantee that your order will reach its delivery date requested. If the finished product is returned on a different day than requested and the date delivered (such as paying for a 24 hour service but we did returned the image within 72 hours), Background Be Gone will refund any difference in where we returned the finished product difference. In some instances, especially with large orders, they may exceed the processing capacity for the delivery date requested; in this case we will contact you to figure out how to best settle your order.

Payment

The price for each service offered from Background Be Gone will be set within the price list then it will become effective once we accept your order. We reserve the right to alter the price list without giving prior notice. We only accept payments that are in US currency. Background Be Gone will resume processing your payment once we receive your order and accepting the order once payment is verified. Background Be Gone, on certain circumstances, can extend a line of credit to a large volume, repeat customers, in which invoices are sent on a monthly occurrence. All applicable taxes, tariffs, or duties are your responsibility towards your order, except for the taxes on Background Be Gone’s income. Without mentioning payment terms, all other terms that are within the agreement are applied to any free trial. Free Trials are only applied towards product images (such as landscape photographs). Machine and automated submissions will not be accepted.

IMAGE RIGHTS

Any images that you submit to Background Be Gone you are responsible for. We monitor submission to ensure there are no inappropriate materials and we reserve the right, under sole discretion, to reject an image for any reason whatsoever; however, if we accept the image you submitted for processing it does not determine your rights toward that image. When you submit an image to Background Be Gone, you are warranting as the legal authority to enter an agreement with us, that you have a right to use any payment means within the transaction, that any photo that you submit does not contain any materials that may harm Background Be Gone or other properties, and that you are giving permission to Background Be Gone to a non-exclusive, transferable, royalty-free, sub licensable perpetual, intellectual property rights throughout the world to use and edit the image as necessary for Background Be Gone and their subcontractors to perform the services you agreed upon. You agree to indemnify and not hold Background Be Gone accountable, as well as its subcontractors, licensors, directors, employees, agents, as well as all other categories from all claims, expenses, or liabilities that can come into light either indirectly or directly when this agreement is breached.

Warranty Disclaimer

Despite the procedure previously mentioned in section 1, the services that background be gone provide are “as is”. Background be gone and their licensors and subcontractors do not many any implied warranties toward their services as to satisfy performance and quality for a specific purpose or no infringement that are disclaimed. Certain jurisdictions do not allow no implied warranties or limitations¬¬¬ on the length of an implied warranty of which it should last, these limitations may not even apply to you.

LIABILITY LIMITATIONS

Under no circumstances will background be gone or their subcontractors be deemed liable to you for any damage of any kind, this may include, but not limited to, savings, data, goodwill, lost revenue, however in any theory of liability, whether this was background be gone or a subcontractor or licensor of background be gone was advised of such damages. Background be gone and its subcontractors and licensors, not mentioning any other provisions of this agreement, total liability to you arise from or in relation to the agreement, background be gone, or subcontractors performance of the services that are limited to the total payments to background be gone for the services that were performed on the image. In no circumstance will background be gone or its licensors be liable for the costs of the substitute services or goods. These limitations mentioned should not apply to damages arising from personal injury or death to individuals or property in any jurisdiction where this limitation is against the law. Some jurisdictions do not allot the limitation or exclusion of damage, so these exclusions may not apply to you.

BARGAINING

The parties within the agreement understand that Background Be Gone has prices that are sent within the limitations of liability and disclaimers or damages and warranties that are set, and that is the essential basis for any bargains between such parties. These parties agree to the limitations and the exclusions of disclaimers and liability that are found within this agreement will apply and not expire even if they failed their purpose.

TERMS

This Agreement becomes effective from the time you submit a photo to Background Be Gone until the data that the image is returned back to you and accepted by you, provided that Background Be Gone may terminate this agreement at any time and give you a return for the fees paid for any image that was not serviced upon and Background Be Gone may or may not return said paid fees for the edited photos that were yet to be accepted. Within Sections 3 through 9 you in the Terms of Service, and any provisions of that nature, should last through the termination or expiration of this Agreement.

GENERAL PROVISIONS

This Agreement is to be applied only to you and should not be transferred or assigned by you. This is considered as a binding form, and ensure to the benefit of the assigns and successors of Background Be Gone. This Agreement follows according to the laws of New York State, U.S.A without regard to the controlling conflicts of the law. In the event that a claim or dispute is made against this Agreement, the parties involved should submit to such to a mutually agreeable arbitration service or a location. English is the only language this Agreement is provided in, the governing language should be in English as well. The use of Headings within this Agreement is for use of the client for accessibility only, as it should not interpret any way or affect the Agreement. Background Be Gone should not be held liable for any damages or loss resulting from failure to perform the services due to natural disasters, labor shortages, fire, floods, war, or any interruption of service for reasons that are beyond Background Be Gone’s control. At any time, Background Be Gone may amend this Agreement, with the terms around the image are effective when the image is submitted. No waiver will be involved from failing or conducing to enforce rights. If any part or section of this Agreement is found to have errors, or are invalid, or unenforceable that part will then be enforced to the laws maximum extend and will be in full force for the remaining time of the agreement. If conflict arises between the Terms of Service of any other part of Background Be Gone’s webpage, these Terms of Services should be in control. This agreement is used to represent the entire agreement found between the parties for all matters and representations.