Terms & Conditions

Motive Retouching Dot Com LLC Terms and Conditions as of February 28, 2016

Welcome to Motive Retouching Dot Com LLC (“Motive Retouching”). Motive Retouching (the "Company") provides clients (“Client” or “You”) with an affordable, easy, and professional way to have their photos, headshots, and other images retouched online as well as other related services that are or will be provided in the future such as, but not limited to, name and border addition, recolor and resizing services (the "Services"). Services other than image retouching (e.g., printing, packaging, shipping, etc.) will be provided by a third party service provider. Clients may submit their images to the Company via the Motive Retouching website (the "Site") and/or email, and they download the completed images from the Site, using links provided to them via email and on the Site, upon payment and completion of Services.

However, before clients use the Site or use any of the Motive Retouching Services, they must carefully review and agree to abide by the Terms and Conditions set out herein (the "Terms"). In addition, specific pages on the Site may set out more Terms and Conditions, all of which are incorporated by reference into these Terms. The Terms may be updated at any time without notice, with the most recent version available for public review. In the case of inconsistencies between these Terms and information included in off-line materials or other online materials not directly on the Site (e.g., promotional materials and mailers, emails, online coupons, etc.), these Terms always will control.

By using the Site and the Services, You indicate that You accept these Terms and that You agree to be bound by them. Acceptance of these Terms creates a binding contract between You and Motive Retouching that You will use the Service only in a manner consistent with these Terms. If You have questions about these Terms, please contact info@motiveretouching.com. Your use of the Site and its Services is conditioned entirely on and subject to Your compliance with these Terms. If You do not agree with these Terms, do not access or use the Site or the Service.

I. Terms of Membership.
Submitting information, communications, postings, albums, image files, creative material, photographs, links, specifications and notes whether in written or visual form, including using reference images, comments, and other content (collectively "Content") to the Company via email, or via the Site is considered Membership. The Client’s account will be updated after the Services have been rendered and it is the Client's responsibility to check his or her account for updates.

Motive Retouching membership ("Membership") is available to You if You are at least 13 years of age (18 years of age if submitting any Content involving nudity, partial or otherwise, or related sexually suggestive content.) All persons portrayed in any nude or sexually suggestive Content must have been at least 18 years of age at the time said Content was created. Motive Retouching reserves the right to refuse or challenge any nude or sexually suggestive Content where the age of the persons portrayed is or seems in question. Further, if submitted nude or sexually suggestive Content clearly portrays persons under 18 years of age, the Company will comply with all applicable local reporting laws.

As a Client, You agree to submit to the Company Your true and correct name and a valid email address. Further, as a Client, You agree to supply and keep the information You provided to the Company true, accurate, current, and complete. When registering, please note Your password and account information. Under no circumstances should Your account information or password be shared. The Company is not responsible for any breach of Your account’s security or the results of said breach.

A further condition of Membership is Your "Active Participation" in the Service. Active Participation is defined as uploading Content to the Site or emailing Content to the Company for the rendering of Services at least once per calendar year. After a period of 365 days without any activity, Your account will be considered "Inactive" and may be terminated. Further, an order will be considered "abandoned" when, within 30 days of Service, the Client does not provide the necessary input, approval or disapproval regarding the Service. At the Company’s discretion, a Client’s failure to provide feedback on ongoing Service may be considered a violation of the Active Participation requirement, resulting in the Client’s account being considered Inactive and eligible for termination. Additionally, completed work will be available for the Client to download up to 30 days after notification. After this time period, at the Company’s discretion, the completed Content may be considered approved and/or removed, without refund, exchange, or reimbursement.

II. Service Procedure.
Once a Client submits Content and pays for selected Services, Motive Retouching will retouch the submitted Content based on Client specifications and notes. Though the Company strives to complete its Services in an efficient and timely manner, the Company does not guarantee work will be completed in any specific time frame. Submitting additional notes after retouching has begun but prior to formalized review process could result in additional charges, plus the costs of any new requested Services, as well as additional time for completion. Upon completion, the Client will be able to review the retouched Content with a watermark. The Client can send retouched Content back to Motive for further retouching if desired. The Client will be able to resend retouched Content for further retouching one time only. If still dissatisfied, You must provide Company with reasons for dissatisfaction, at which point at the Company’s sole discretion a refund may be issued or additional Services may be provided. Keep in mind that Content submitted must meet our minimum pixel dimensions of 1200 x 1500 (with 2400 x 3000 pixels being optimal) to be eligible for a refund. If the Client is pleased with the watermarked and retouched Content, he or she must approve the retouched Content. Upon approval, Client is no longer eligible for refund, exchange, or reimbursement on said finished Content and/or on any Custom options, add ons, packages, or additional services based upon this Content. Upon approval, Client will be able to download the completed retouched Content with no watermark for up to 30 days. It is Client's responsibility to check his or her account in order to download approved Content.

III. Client Conduct.
By using the Company’s Services, Client herein certifies that You own and/or have the appropriate rights (waivers, licenses, assignments, etc.) to any Content you submit to Motive Retouching, including without limitation, any copyrights or publicity rights. By submitting Content to the Company for Services, You give the Company a perpetual, universal, non-exclusive, royalty-free license to reproduce, distribute, publicly display, modify and create derivative works of the Content submitted, in order to perform Services and promote the Company and the Company’s Services.

You must keep copies, including originals where applicable, of all Content submitted to the Company. Company is not responsible for retaining or providing previously submitted Content. Services do not include preserving client's original Content, retaining any completed and approved work for longer than 30 days, creating or retaining back-up copies of any Content, or providing additional copies of completed Content.
Users of the Service, whether or not Clients, may not use the Service to process or send Prohibited Content, including but not limited to when sending referral emails using our email systems such as "Tell a Friend" and others. Generally, Prohibited Content includes Content, emails, or other material that falls within any of the following categories:

• Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
• Comprises copyrighted material used without the necessary license(s), assignment(s), waiver(s), right(s) and/or the express written permission of the copyright owner(s);
• Violates or otherwise encroaches on the rights of others, including publicity rights and privacy rights in the case of spam emails;
• Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively "Corruptive Code");
• Advocates, endorses or otherwise involves illegal activity;
• Harms anyone, including minors;
• Involves anyone under 18 years of age submitting any Content involving nudity, partial or otherwise, or involves nudity or other exploitative images where the persons portrayed may not have been 18 years of age at the time Content was created; or
• Provides a link or reference to any of the above;

Motive Retouching has the sole discretion to determine whether Content shall be considered Prohibited Content. All Content that is submitted for Services is Your sole responsibility. Thus, You are responsible for ensuring Your Content complies with the Terms. The Company takes no responsibility to prescreen or ensure submitted Content is not Prohibited Content. However, as soon as the Company discovers that Prohibited Content has been submitted, any pending Services on the discovered Content shall cease, with the Client having no right to any refund, and at the Company’s discretion Client’s Membership may be permanently revoked.

By viewing the Site, You may be exposed to Content that You consider offensive. You take sole responsibility for such exposure. Motive Retouching in no way guarantees the accuracy, quality or appropriateness of Content available through the Site or the Service.

IV. No Resale of Service.
Use of the Service and its final products may be for the Client’s personal or commercial purposes. However, no Client may resell or exploit any part of the Service for themselves or for the benefit of third parties without expressly disclosing such intents to the Company and gaining prior written approval from the Company.

V. Privacy Policy.
We respect Your privacy. All information we collect on this Website (including by using cookies or otherwise) is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Aside from what is listed in our Privacy Policy, we will not provide third parties with Your information knowingly, unless required by law or valid Court order. Our use of Your information includes, but is not limited to, promotional mailings or emails regarding the Company and offers. Should You choose to no longer receive such mailings, they will include information on how to "Opt out." In the interest of enhanced security, the Company will store as little information as we deem necessary when You pay using credit card. We do NOT store Your full information. Motive Retouching is not responsible for the effects of rendering payment via credit card. Motive Retouching is not responsible for transactions governed by PayPal or the effects of using PayPal. Please read PayPal's Terms and Conditions before You choose to proceed with their service.

VI. Copyrights and Company Use of Submitted Content.
When You use the Service, You submit original Content to the Company, which in turn provides only You with the completed retouched Content in a downloadable form from the Site. The Company uses such Content on the Site and in other manners and mediums, including but not limited to online, across social media, via emails, or in physical mailings to promote its Service. As a further condition of Your Membership, the use of the Site and Service, You hereby grant Motive Retouching a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute Your Content in online, physical, or other forms, including both original submissions of Content and completed Content, for the purposes of promoting the Company, the Site, and the Service.

As a condition to Membership and use of the Site prior to submitting any Content, You represent and warrant to Motive Retouching that You either: (1) own Your Content and all intellectual property rights in, to or associated with Your Content including all copyrights and publicity rights to Your Content; or (2) have all rights, assignments, waivers and licenses, including any applicable copyright and publicity rights necessary, to make such Content available to the Service.

You further represent and warrant that the Company may perform Services and the performance of such Services will not infringe upon the intellectual property rights of any third party and will not violate any rights of publicity of any third party. Additionally, You represent and Warrant that Company’s reproduction, modification, distribution, transmission and public display of Your Content and retouched Content as part of providing Services and/or as part of creating, reproducing, distributing and publicly displaying advertisements, marketing materials and samples for promoting the Company will not infringe upon the intellectual property rights of You or any third party and will not violate any rights of publicity of anyone.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that You may incur as a result of Your activities on the Service.

VII. Indemnity.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS MOTIVE RETOUCHING, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, RELATIONS, AND AGENTS (COLLECTIVELY "MOTIVE RETOUCHING AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS, ANY VIOLATION OR CLAIM OF VIOLATION OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS (INCLUDING WITHOUT LIMITATION, PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PUBLICITY RIGHTS, LICENSES OR ANY OTHER PROPERTY RIGHTS OF ANY THIRD PARTY) OR ANY REPRESENTATION, WARRANTY, OR OBLIGATION MADE UNDER THIS AGREEMENT OR ACTIVITY RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOU OR AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

VIII. Limited Warranty.
(A) NO LIABILITY FOR CONTENT: IN NO EVENT WILL MOTIVE RETOUCHING OR MOTIVE RETOUCHING AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.

(B) EXCLUSIVE REMEDY: ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. MOTIVE RETOUCHING PROVIDES ITS CLIENTS ONLY WITH DIGITAL CONTENT BASED ON THE CLIENTS' ORIGINAL CONTENT SUBMITTED, AND THE CONTENT MOTIVE RETOUCHING PROVIDES MAY DIFFER FROM CLIENT SUBMITTED CONTENT SUBSTANTIALLY, INCLUDING BUT NOT LIMITED TO IN FILE AND IMAGE APPEARANCE, SIZE, DIMENSIONS, NAME, PROPERTIES, DETAILS, ORIGIN INFORMATION, TAGS, METADATA, AND COMMENTS. THE COMPANY MAKES NO CLAIMS NOR IS IT REQUIRED TO PROVIDE ANY OTHER CONTENT OF ANY KIND. MOTIVE RETOUCHING WARRANTS ONLY THAT DIGITAL CONTENT PROVIDED UPON COMPLETION OF SERVICE, BASED ON ORIGINALS SUBMITTED BY THE CLIENT, WILL BE IN USABLE CONDITION. IF THE DIGITAL CONTENT PROVIDED IS DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, LOST OR NOT RETURNED, MOTIVE RETOUCHING'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR MOTIVE RETOUCHING TO REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF THE PROVIDED SERVICES. NOTE THAT UPON APPROVING A RETOUCHED AND NON-WATERMARKED IMAGE YOU ORDERED FROM OUR SITE, YOU FORFEIT ANY RIGHTS TO A REFUND, EXCHANGE, OR REIMBURSEMENT ON THAT IMAGE AND/OR ON ANY CUSTOM OPTIONS, ADD ONS, PACKAGES, OR ADDITIONAL SERVICES BASED UPON THIS CONTENT, REGARDLESS OF WHETHER YOU DOWNLOAD SAID IMAGE. WE PROVIDE YOU WITH WATERMARKED VERSIONS OF YOUR RETOUCHED IMAGE(S) SO THAT YOU MAY INSPECT OUR WORK BEFORE YOU FORFEIT YOUR REFUND AND EXCHANGE RIGHTS, AND UPON APPROVAL, WE WILL MAKE THE APPROVED IMAGE(S) AVAILABLE TO YOU FOR DOWNLOAD WITHOUT A WATERMARK. DOWNLOADING THE APPROVED IMAGE(S) IS YOUR RESPONSIBILITY. ABANDONED ORDERS ARE NOT ELIGIBLE FOR REFUNDS, EXCHANGES, OR REIMBURSEMENT.

(C) DISCLAIMER: EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MOTIVE RETOUCHING AND MOTIVE RETOUCHING AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOTIVE RETOUCHING MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. MOTIVE RETOUCHING MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE THROUGH THIRD PARTIES, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH ADVERTISEMENTS ON THE SITE OR THE USE OF THE SERVICE OR SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARMFUL IMPACT THAT RESULTS FROM THE DOWNLOAD, ACCESS, OR USE OF ANY SUCH MATERIAL.

(D) REMEDY: TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDY SET FORTH IN THESE TERMS IS YOUR SOLE AND EXCLUSIVE REMEDY.

IX. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, MOTIVE RETOUCHING WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR SITE VIA ADVERTISEMENTS, (v) ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, SUCH AS, BUT NOT LIMITED TO, PRINTERS, PACKAGING AND/OR SHIPPING PROVIDERS OR CONTRACTORS, OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

X. Termination.
Motive Retouching may, in its sole discretion, terminate Your Membership (or any part thereof) or Your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Motive Retouching elsewhere within the Service, (ii) conduct Motive Retouching believes is harmful to other Motive Retouching clients or the business of Motive Retouching, or (iii) failure to use Service for a period greater than 365 days. Motive Retouching will not be liable to You or any third-party for any termination of Your access to the Service.

XI. Choice of Law.
The state and federal courts of California are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of California.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

XII. Modification of Terms.
Motive Retouching may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Motive Retouching will be prospective only.

XIII. Entire Agreement.
These Terms constitute the entire agreement between You and Motive Retouching governing Your access to the Site and use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (e.g., promotional materials and mailers), these Terms always will control. The failure of Motive Retouching to exercise or enforce any Term will not constitute a waiver of such Term.

XIV. Severability.
If a court holds any provision of these Terms to be illegal, invalid or unenforceable, the rest of these Terms will remain in effect and these Terms will be amended to give effect to the eliminated provision to the maximum extent possible.

XV. Survival.
Provisions regarding intellectual property rights, including copyrights and publicity rights, and the provision contained in Sections III, IV, V, VI, VII and VIII shall survive termination of Your Membership, use of the Site and/or use of Company Services.

XVI. Reporting Violations.
You can report abuse of these Terms to abuse@motiveretouching.com and via phone at +1-424-258-5264.