Terms and Conditions
Use of this website is governed by the Terms and Conditions below. By using our website you agree and consent to these terms of business.
1. DEFINITIONS AND COMPANY INFORMATION
Pure Image Tech Limited (a company in England and Wales under Company Number 10975795) with registered place of business at Vincent Square, London, SW1P 2PN(hereafter referred to as “Pure Image”, also “us, we, our, etc”). “You, your, etc” terms refer to you, the customer, who is defined as the party who is using the image modification tools and services of our Site. If you have any issues or questions regarding the products we offer, or ongoing orders/replacements you can contact,Pure Image,[through our contact page – insert link]. Our customer service team,will be happy to assist with any queries or concerns. By submitting your email address and telephone details when registering, you, agree,to being contacted by us, via email or telephone, if necessary, regarding your or query, and to the terms of our Privacy Policy in the use of your personal data.
2.THE TERMS OF BUSINESS
The terms and conditions laid out below relate to the use of Pure Image’s website for the purpose of either trialling, or subscribing to, certain image and video modification and improvement tools and services. Please read through the terms and conditions carefully before opting to use our website. “Services” means any service sold through this website, which term is also used to refer to the use of our tools, and including those services tested by you on a trial basis. In the event of any dispute or concern over the quality of the Services provided to you through this website, Pure Image will attempt to first assist you to resolve the issue through our customer services team, in line with the terms of this agreement. If you believe we have missed anything within these terms and conditions, do not hesitate to contact us directly. Additionally, if you do not agree with the proposed terms and conditions you must not use the website for purchasing the Products. In accordance with UK law, all images and videos uploaded to our Site, or any image or video processed using our tools or Services, must not depict anything unlawful, or any image that would be considered harmful or targeting any specific group of people, belief, or sexual or exploitative. For the removal of doubt, Pure Image has sole and final discretion with respect to any content uploaded and any content deemed inappropriate will be removed immediately. Should the situation require it, Pure Image reserves the right to refer any contravening content uploaded to the relevant authorities.
3.CONTRACT INFORMATION
Upon setting up an account on this Site, you will be permitted to use our Services on a Trial basis, and thereafter to purchase further use of the Services through our various pricing subscriptions, which will permit you a certain number of uses of the Services. There comes into existence a contract between us and you immediately upon purchase of a subscription level, whereby you will pay, in advance, for a set amount of data to be used on images and videos with through the Services in the future. There is no expiry period for the use of your subscription package, and any unused Services will be reserved to your account indefinitely, until the closure of your account. If any Customer account remains inactive for a period of 2 years, Pure Image reserves the right to terminate that account by giving appropriate notice to the Customer, through their submitted e-mail details, to use the services. In the event the account does not then become active, and is subsequently closed, the Customer will forfeit any unused Services that may have been accrued on that account to date. (Note: Our definition of “inactive” is an account that has not utilized the Services on at least 1 occasion within the last 2 years). When an image or video is uploaded, you will have access to certain tools to manipulate the image or video, and those manipulations comprise the extent of the Services made available to you. For the removal of doubt, if a manner of manipulation is not expressly detailed as being available to you, then it will not comprise part of the Services. The Services are instantaneous, however the period of computation to produce the final manipulated image or video is dependent on complexity of the image or video to be processed, and may take up to 4 hours to deliver. Nevertheless, the Services will be consider utilized immediately upon your giving confirmation of the final manipulations you are making to any given uploaded image or video.
4.STORAGE OF IMAGES & VIDEOS AND YOUR ACCOUNT
Your manipulated images or videos will automatically be saved into a gallery within your account on our site. Our site utilizes a secure cloud storage facility for the images. Further details of this cloud storage facility, “Eye Cloud”, are detailed in our Privacy Policy. You must exercise care and responsibility when using our storage facilities, and no use must contravene the acceptable uses dictated under these Terms. While every attempt will be made to notify you prior to any changes to the storage facilities, there is no guarantee or warranty that our storage facility through Eye Cloud will be indefinitely available, and you must download, and store elsewhere at your discretion, a copy of all manipulated content on which you have used the Services. Where images or videos are lost in this manner, the loss as borne entirely by you, and Pure Image makes no warranty to replace the images, or offer alternative Services in lieu to help replace the manipulated content. The Services must be used strictly for their defined purpose, and their use must be responsible and in accordance with any laws.
5.OUR RIGHTS TO MAKE CHANGES
Pure Image aims to provide our customers with the best possible experience in ordering and enjoying the Services. To that end we reserve the right to make changes to the offered Services, or to comply with any new or reviewed legislation, and will always attempt to do so with reasonable notice on this website. While every effort will be made to ensure that such changes are seamless with our customer’s experience, in the event that any offered Service subsequently becomes unavailable due to such a change, we will in the first instance try our best to offer alternative Services to our customers, and if this is not possible, or accepted, then to offer a refund at the customer’s discretion. A refund will be restricted to the proportion of the subscription for the Services that remains unused at the time of the change. We may also have improvements made to the Services, our website, layout, or any other aspect of how we provide the Services, in response to customer feedback. This may result in minor changes to the cosmetic design and formulation of the tools and layout of the tools and our website. While we aim to provide you with uninterrupted access to our website and to the Services, we may from time to time experience downtime on our website, or regularly scheduled maintenance, during which times the website, your account, or the tools and Services on our website may not be available to access. While we will aim to ensure these disruptions are kept to a minimum, there is no guarantee as to continuous and uninterrupted use of our service.
6.FINALIZING MODIFICATIONS
After deciding the final manipulations to an image at the time of utilizing the Services, the manipulated content will be streamed back to you for confirmation. You may request at this time for the manipulations to be adjusted and recalculated. Once you have finalized any changes and you choose to download, or save, the final manipulated content, that will be considered a completed use of the Services. Upon providing confirmation, and receiving and saving the final manipulated content, it will be counted as a completed use of the Services, or a successful usage of the Trial of the Services, where such uses are still available to you. This finalized content is expressly accepted by you as being the final manipulated image or video sought, and you will not be able to retro-actively request more changes to the content under the same use of the Services, but will be able to utilize further uses of the Services, as required, and as available under your purchased subscription. The only instance in which a use of the Services will be refunded is if the manipulated content does not appear as it did at the time of stream-back and confirmation. In the unlikely event of this happening, we will refund a use of the Services to you only, and there is no cash refund option available.
7.OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
All tools and Services provided on our site, including any trademarks, designs, promotions and branding, are the intellectual property of Pure Image. Anyone who wishes to use our intellectual property for any purpose, commercial or otherwise, must seek our express written consent to do the same. By using the Services, you confirm that you are only uploading images and videos for manipulation that you are entitled to so modify, by virtue of license or ownership of any copyright or trademark. You agree to indemnify Pure Image for any alleged infringement of copyright or trademark that may arise as a result of your inappropriate use of someone else’s intellectual property. By uploading an image and using the Services, you hereby grant an express license for the manipulated content to Pure Image, which we may use for the purpose of advertising or demonstrating how the Services and tools perform. If you are uncomfortable with this use, please communicate this to us via our helpdesk [insert email address here] and we will refrain from using any such content for marketing purposes. By uploading and using a Trial of the Services, you recognize and affirm that the ownership of the final, manipulated content you have created rests with Pure Image. Pure Image grants you a license to use these trial images or videos in any legal manner that you see fit. Upon purchasing a subscription of the Services, ownership of any trial images and videos manipulated previously through the same account are also automatically transferred to you. As the trial manipulated images are our property, there is no warranty attached to their availability, and they may be deleted from our hosting services after a reasonable period of time if the title to the image or video is not transferred to you by virtue of purchasing a subscription of the Services. It is your responsibility to ensure that correct details are provided at the time of creating an account, and Pure Image will not be responsible for any content lost or being inaccessible due to the customer being unable to access their Services account due to a mistake on the customer’s part. In line with Consumer Contract legislation, you hereby expressly consent to waive the 14 day cooling off period. If you do not agree with waiving this cooling off period you must not use this website, or the Services. This is because our Services are digital in nature, and the final product is delivered to you immediately, electronically.
8. USER INFORMATION
Personal information collected, such as electronic contact and address details, will only be used to maintain your account, and in line with our Privacy Policy. Apart from legal obligations, we will not pass this information to anyone outside of Pure Image. For a full explanation of what data we will retain, and how it will be stored, and our cookies policy, please refer to our Privacy Policy Page
