Photo Color Lab

Terms & Conditions

Welcome to https://PhotoColorLab.com. Please read our Terms and Conditions of Use (“Terms”) and Privacy Policy carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between us.

  1. Introduction

Thanks for choosing WE (“Photo Color Lab”, “we”, “us”, “our”). By signing up or otherwise visiting, using, or engaging with our website (“PhotoColorLab.com”) and services (together, the “Photo Color Lab’s Website” or “Site”), or accessing any content or material that is made available by WE through the Service You (“you”, client, “user”, “customer”) are entering into a binding contract with WE. The WE service also includes the Customer Portal as further described in the Customer Portal section.

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on WE’s website at https://PhotoColorLab.com. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree to any portion of these Terms, you should not access or otherwise use the Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Site.

Please read the Agreements carefully. They cover important information about Photo Color Lab’s services provided to you and any charges, taxes, and fees we bill you.

In order to use Photo Color Lab’s service and access the content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements; (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and (3) resident in a country where the Site is available. You also promise that any registration information that you submit to Photo Color Lab is true, accurate, and complete, and you agree to keep it that way at all times.

  1. Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Agreements. It is your responsibility to check these Agreements periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Agreements, Photo Color Lab grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

  1. Site Limitations and Modifications

Photo Color Lab will make reasonable efforts to keep the Photo Color Lab Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Photo Color Lab reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Photo Color Lab Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Photo Color Lab Service or any function or feature thereof. You understand, agree, and accept that Photo Color Lab has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Site. This section will be enforced to the extent permissible by applicable law. Photo Color Lab and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

  1. Using the Site

Here’s some information about all the ways you can use the Site.

4.1 Our Services

Photo Color Lab provides clipping Photo Color Lab and other Photoshop services. Photo Color Lab requires full payment when you submit your order for Services, unless otherwise agreed upon by both Parties. You can request a quote before purchasing. You can learn more about our services by visiting our website.

4.2 Customer Portal, Account Creation, and Passwords

As a condition to using certain products and services of the Service, User may be required to register with Photo Color Lab and select a password. User shall provide Photo Color Lab with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Photo Color Lab immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Photo Color Lab or any other user of or visitor to the Site due to someone else using your username, password or account.

  1. Rights We Grant to You

The Photo Color Lab and the Content are the property of WE, Photo Color Lab, and its affiliated/associated companies. We grant you a limited, non-exclusive, revocable license to make use of the Site, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or Photo Color Lab. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Site or the Content.

All Photo Color Lab trademarks, service marks, trade names, logos, domain names, and any other features of the Photo Color Lab brand (“Photo Color Lab Brand”) are the sole property of Photo Color Lab or its licensors. The Agreements do not grant you any rights to use any Photo Color Lab Brand whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Site, 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, Photo Color Lab grants no right, title, or interest to you in the Site or Content.

  1. Third Party Applications

Photo Color Lab is integrated with third party applications, websites, and services, including but not limited to PayPal, FTP, Facebook Messenger, and Google, 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 Photo Color Lab 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.

  1. User-Generated Content

Photo Color Lab users may post, upload, and/or contribute (“post”) content to the Site to obtain services (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Customer Service Portal (“the Portal”) as well as any other part of the Site.

You promise that, with respect to any User Content you post on the Site, (1) you have the right to post such User Content, and (2) such User Content, or its use by Photo Color Lab as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Photo Color Lab of any entity or individual without express written consent from such individual or entity.

Photo Color Lab may, but has no obligation to, monitor, review, or edit User Content. In all cases, Photo Color Lab reserves the right to remove or disable access to any User Content or account for any or no reason, including but not limited to, User Content that, in Photo Color Lab’s sole discretion, violates the Agreements. Photo Color Lab may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you provide. Photo Color Lab is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Photo Color Lab RELATED TO USER CONTENT THAT YOU PROVIDE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Photo Color Lab HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

  1. Rights You Grant Us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Photo Color Lab Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (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 Photo Color Lab Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by Photo Color Lab may contain advertising as part of the Content. In such cases, Photo Color Lab will make such Content available to you unmodified.

Unless you have advised the Photo Color Lab otherwise in writing, you agree that we may use your images on our website (including a link to the homepage of your website) and in our marketing materials.

If you provide feedback, ideas or suggestions to Photo Color Lab in connection with the Photo Color Lab Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize Photo Color Lab to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

  1. User Guidelines

Photo Color Lab respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Site, to make sure Photo Color Lab is able to continue providing service via their Site.

The following is not permitted for any reason whatsoever:

  • copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, or making available to the public any part of the Photo Color Lab Site or the Content, or otherwise making any use of the Photo Color Lab Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Photo Color Lab Service or the Content or any part of it; using the Photo Color Lab Service to import or copy any local files you do not have the legal right to import or copy in this way;
  • transferring copies of cached Content from an authorized Device to any other Device via any means;
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Photo Color Lab Service, Content or any part thereof unless permitted by applicable law;
  • circumventing any technology used by Photo Color Lab, its licensors, or any third party to protect the Content or the Service;
  • selling, renting, sublicensing or leasing of any part of the Photo Color Lab Service or the Content;
  • circumventing any territorial restrictions applied by Photo Color Lab or it licensors; or otherwise manipulating the Services by using a script or other automated process;
  • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Photo Color Lab Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  • providing your password to any other person or using any other person’s username and password;
  • “crawling” the Photo Color Lab Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Photo Color Lab; or
  • selling a user account, or otherwise accepting any compensation, financial or otherwise.

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Photo Color Lab account. You also agree that Photo Color Lab may also reclaim your username for any reason.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

  1. Intellectual Property

Photo Color Lab respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please contact us at [email protected].

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Photo Color Lab or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on the Site is the exclusive property of Photo Color Lab and protected by USA and international copyright laws. All software used on (or provided through) the Site is the property of Photo Color Lab or its software suppliers and protected by United States and international copyright laws. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • You may print or download to a local hard disk extracts for your personal and non-commercial use only.
  • You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

  1. Customer Support

For customer support on account- and payment-related questions (“Customer Support Queries”), please contact our support at [email protected]. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

  1. Payments, Refunds, and Cancellations

12.1 Payment and Extended Credit

Photo Color Lab requires all individual clients to pay for work in full upfront before work begins. Payment methods are Paypal, credit cards, or Edit Credits. Corporate clients may be extended credit, subject to satisfactory reference checks and at the discretion of Photo Color Lab. Any Clients with extended credit will need to sign a contract sent by a member of the team. Full payment for the work will be required no more than 4 (four) days after delivery. Photo Color Lab may also allow for recurring monthly payment options. Under such arrangement, the client pays monthly for all Services rendered during that time period. Photo Color Lab reserves the right to cancel any extended credit to any client for non-payment at any time. All expenses will be agreed in advance.

12.2 Quality Guarantee & Refunds

Photo Color Lab strives to provide services of the highest quality. In the unlikely event that you are not satisfied with the results of your project, we will make reasonable corrections and amendments as necessary All revisions and refund requests must be made within 14 days of delivery. We also reserve the right to cancel any amendment request, if the Client changes the requirements from what was originally requested. If the edited images follow the same quality standard as an approved sample image, Photo Color Lab cannot refund that order. We do understand that sometimes things change outside of our control, so we may be able to adjust the images to meet your needs at a reduced cost. Any amendments made as part of our quality guarantee are without prejudice to Photo Color Lab or its associate companies. Payments for quotes can be purchased directly from Photo Color Lab. If customer has downloaded their images and are unable to provide a valid reason for dissatisfaction, no refund will be provided.

If you believe you are entitled to receive a refund of any monies paid to Photo Color Lab, please contact Customer support.

12.3 Prices

Prices may vary for services provided. Photo Color Lab may change the price for pre-paid work or credit (for work products not yet paid for) and will communicate any price changes to you before confirming a new order. As permitted by local law, you accept the new price by continuing to use Photo Color Lab’s Service after the price change takes effect. Photo Color Lab reserves the right to revise our prices periodically, and that will have immediate affect to relevant services. We might not notify clients about these changes but they will see the price before confirming any new order, unless there is a separate agreement with any client.

12.4 Promotional Offers and Discounts

Photo Color Lab may have offers in the form of coupon codes or other means. Photo Color Lab reserves the right to cancel promotional offers or discounts without assigning any reason

  1. Quotes and Orders

If the images of a client’s order does not match the sample provided with the original quote, the order may be canceled. Photo Color Lab may provide a new quote which the Client can use to place a separate order. If an order is placed using an order template for which the original quote provided was based on different type or category of images, Photo Color Lab may cancel the order and provide a new quote the Client can use to place a separate order.

  1. Turnaround Time

When a Client selects a turnaround time when placing order, that time begins after the Client has finished uploading all of the images to be edited. The time does not begin when the order is submitted.

  1. Term and Termination

The Agreements will continue to apply to you until terminated by either you or Photo Color Lab. However, you acknowledge and agree that the perpetual license 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. Photo Color Lab may terminate the Agreements or suspend your access to the Photo Color Lab Site or Customer Portal at any time, including in the event of your actual or suspected unauthorized use of the Photo Color Lab Service and/or Content, or non-compliance with the Agreements. If you or Photo Color Lab terminate the Agreements, or if Photo Color Lab suspends your access to the Photo Color Lab Service, you agree that Photo Color Lab shall have no liability or responsibility to you, and Photo Color Lab will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Photo Color Lab account, please contact us at [email protected]. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

Sections 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

  1. Warranty and Disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE Photo Color Lab SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Photo Color Lab SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Photo Color Lab AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER Photo Color Lab NOR ANY OWNER OF CONTENT WARRANTS THAT THE Photo Color Lab SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, Photo Color Lab MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE Photo Color Lab SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT Photo Color Lab IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE Photo Color Lab SITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Photo Color Lab SHALL CREATE ANY WARRANTY ON BEHALF OF Photo Color Lab IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

  1. Limitations

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Photo Color Lab SERVICE IS TO STOP USING THE Photo Color Lab SITE. WHILE Photo Color Lab ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Photo Color Lab, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Photo Color Lab , ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE Photo Color Lab SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Photo Color Lab HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Photo Color Lab SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Photo Color Lab DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

  1. Third-Party Rights

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 Photo Color Lab, 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.

  1. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Photo Color Lab, the Agreements constitute all the terms and conditions agreed upon between you and Photo Color Lab and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

  1. Severability and Waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Photo Color Lab or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Photo Color Lab ’s or the applicable third party beneficiary’s right to do so.

  1. Assignment

Photo Color Lab may assign the Agreements or any part of them, and Photo Color Lab 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.

  1. Applicable Law

These terms and conditions shall be governed by and interpreted with English law. You agree to submit to the exclusive jurisdiction of the English courts.

  1. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Photo Color Lab harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Photo Color Lab Site; and (4) your violation of any law or the rights of a third party.

  1. Privacy

Photo Color Lab’s current privacy policy is available at the Site (the “Privacy Policy”), which is incorporated by this reference. Photo Color Lab strongly recommends that you review the Privacy Policy closely.

  1. Cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website and in order to tailor it to customer needs. We only use this information for statistical analysis purposes, and then the data is removed from the system. Blocking all cookies will have a negative impact upon the usability of many websites. You can delete cookies already stored on your computer. Please check online for browser specific cookie deletion instructions. However, deleting cookies will have a negative impact on the usability of many websites.

  1. Contact Us

If you have any questions concerning the Photo Color Lab Service or the Agreements, please contact Photo Color Lab Customer Service at [email protected].