Thanks for choosing Photolemur (“Photolemur”, “we”, “us”, “our”). By signing up or otherwise using the Photolemur service, websites, and software applications (together, the “Photolemur Solution” or “Solution”), or accessing any content or material that is made available by Photolemur through the Solution (the “Content”) you are entering into a binding contract with the Photolemur LLP. The use of Photolemur Solution relies on several Technical Requirements.
Please read the Agreements carefully. They cover important information about Photolemur Solution and Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, automatic renewals, limitations of liability and privacy information.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Solution or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Solution after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Solution under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
Photolemur provides automated solutions and services for enhancing your photos. Certain Photolemur services and solutions are provided to you free-of-charge. Other Photolemur solutions require payment before you can access them. The Photolemur services that may be accessed after payment are currently referred to as the “Premium Solution” or “Paid Subscriptions”. The Photolemur service or solution that does not require payment is currently referred to as the "Free Solution".
The Premium Solution may not be available to all users. If you cancel your subscription to the Premium Solution, or if your subscription to the Premium Solution is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Premium Solution. Note that the Premium Solution may be discontinued in the future, in which case you will no longer be charged for the solution.
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Photolemur for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the solution and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Premium Solution for a specified period without payment or at a reduced rate (a “Trial”). Photolemur reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR PHOTOLEMUR ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR PHOTOLEMUR ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR PHOTOLEMUR ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR PHOTOLEMUR ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, PHOTOLEMUR WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
The Photolemur Solution and the Content are the property of Photolemur. The Photolemur software applications and the Content are licensed, not sold, to you, and Photolemur and its licensors retain ownership of all copies of the Photolemur software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices ("Devices").
All Photolemur trademarks, service marks, trade names, logos, domain names, and any other features of the Photolemur brand are the sole property of Photolemur or its licensors. The Agreements do not grant you any rights to use any Photolemur Brand Features whether for commercial or non-commercial use. You agree not to use the Photolemur Solution, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Photolemur grants no right, title, or interest to you in the Photolemur Solution or Content. Third party software (for example, open source software libraries) included in the Photolemur Solution are licensed to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop client and/or on our website.
The Photolemur Solution is integrated with third party applications, websites, and services ("Third Party Applications") to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Photolemur does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Photolemur Solution to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Solution, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Photolemur Solution, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Photolemur Solution may contain advertising as part of the Content. In such cases, Photolemur will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Photolemur Solution in connection with the Photolemur Solution, you acknowledge that the Feedback is not confidential and you authorize Photolemur to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content. You grant Photolemur a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Photolemur will make reasonable efforts to keep the Photolemur Solution operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Photolemur reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Photolemur Solution, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Photolemur Solution or any function or feature thereof. You understand, agree, and accept that Photolemur Solution has no obligation to maintain, support, upgrade, or update the Solution, or to provide all or any specific content through the Solution. This section will be enforced to the extent permissible by applicable law.
No User Content or other content posted by Photolemur employees, moderators and/or representatives should be construed as official support provided by Photolemur Solution. Any content provided or made available to you by Photolemur employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind.
You acknowledge that opinions expressed in User Content are those of contributors of such User Content only and do not reflect the opinions or policies of Photolemur or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors.
Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Photolemur Solution for a specific time period (“Pre-Paid Period”). When you register for a Paid Subscription or Trial online, you consent to get access to Photolemur Solution immediately.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Photolemur Solution (or to a third party through whom you purchased the Paid Subscription) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Photolemur before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid, you must contact Customer Support.
Photolemur provides a full refund of your payment in the following cases:
Please, NOTE! In this case, a refund is only given if you provide detailed information about your error, requested by our support staff, such as screenshots of error messages, log files, detailed descriptions of your actions, file samples, etc.
Photolemur reserve the right to decline refund requests in the following cases: 1)when a user demands a refund immediately after buying the software; 2)when a user informs us about changing his decision to buy the software, saying he has uninstalled it and is not going to use it without giving any particular reasons; 3)when reasons which prevent a customer from proper using of our software are stated clearly on our official site. (for example, if the customer requests a refund due to the absence of features which we never claimed to provide and which are not listed in the feature list for our software).
All the Subscription Fees paid are non-refundable. With respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which Users have already made payment.
Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request shall be made at least SEVEN (7) days prior to the expiration of the then-current service period. Please note that the fees paid by users are non-refundable and non-cancellable.
In such cases, if you disagree with our grounds for refund refusal, you can apply to your bank and initiate a chargeback.
You may cancel your subscription at any time by submitting a cancellation request to Customer Support. Upon canceling your subscription, your account will be disabled and you will no longer be able to access full version or features of the Photolemur Solution to which you were subscribed. There will be no refunds or credits for partial months of service.
If you are on a post-paid monthly subscription (charged at the end of the billing cycle), you will need to settle your account upon cancellation. You will be charged one final time for any unbilled services. If you are on an annual plan of Photolemur Solution, you will pay the full amount at the expiration of the 30-day period from the date of payment.
Photolemur may change the price for the Paid Subscriptions or Pre-Paid Period (for periods not yet paid for) from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Photolemur Solution after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Photolemur Solution prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
The Agreements will continue to apply to you until terminated by either you or Photolemur. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Photolemur may terminate the Agreements or suspend your access to the Photolemur Solution at any time, including in the event of your actual or suspected unauthorised use of the Photolemur Solution and/or Content, or non-compliance with the Agreements. If you or Photolemur terminate the Agreements, or if Photolemur suspends your access to the Photolemur Solution, you agree that Photolemur shall have no liability or responsibility to you and Photolemur will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Photolemur account, please contact us through the Customer Service contact form. You may terminate the Agreements at any time.
You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Photolemur, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an Mac OS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Photolemur only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Other than as stated in this section or as explicitly agreed upon in writing between you and Photolemur, the Agreements constitute all the terms and conditions agreed upon between you and Photolemur and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Photolemur Solution may be governed by additional agreements. That could include, for example, access to the Photolemur Solution as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Photolemur may assign the Agreements or any part of them, and Photolemur may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
If you have any questions concerning the Photolemur Solution or the Agreements, please contact Photolemur customer service by visiting the Customer Service contact form section of our website.
last updated: April 10, 2017
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