Terms of and Conditions of www.MagicMyPhotos.com
(1) Welcome to the website, www.MagicMyPhotos.com ("MagicMyPhotos"). These Terms and Conditions (“Terms”) govern your use of the MagicMyPhotos and all the services provided through the MagicMyPhotos website (“services”).
(2) The use of MagicMyPhotos' services are also governed by the Privacy Statement for MagicMyPhotos. Please review our Privacy Statement.
(4) It is your responsibility to read the following Terms and Conditions carefully since by using our website, you are agreeing to comply with and be bound by them. If you do not agree to these terms, you should not use our website and if you have any questions regarding the Terms, please contact admin@MagicMyPhotos.com.
(5) We may revise these terms and conditions from time to time. Please check this page regularly to ensure you are familiar with the current version and it is your responsibility to do so. You should review these Terms and Conditions before each time you use the website.
(6) The website is owned and operated by Magic My Photos Limited at Devonshire House, Manor Way, Borehamwood, Hertfordshire WD6 1QQ, England
Please address any queries to admin@MagicMyPhotos.com.
2. Eligibility for Service
(1) In order to be eligible for use of the website and the services by MagicMyPhotos, you must provide all required information including your name and an accurate and legitimate email address.
(2) Purchasers from the website should be at least 18 years of age
(3) You must be at least 13 years of age to use the website. We are concerned about the about the safety and privacy of all users, but particularly with regards to children. Before a child views this community the child’s parent or guardian must read and agree to be bound by these Terms. We recommend that any Parent or Guardian who wishes to allow their children to access and use the website and services should, at all times, supervise such access and use. If you have any concerns please feel free to contact us at admin@MagicMyPhotos.com.
3. Member Account, Email Preferences, Password and Security
(1) You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify MagicMyPhotos of any unauthorised use of your password or account or any other breach of security, and
(b)ensure that you exit from your account at the end of each session. MagicMyPhotos cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. Linking directly to images on MagicMyPhotos servers from external sites is expressly prohibited.
(2) You agree that we need to be able to access your account for the following reasons:
(a)We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
(b)To maintain our Service to you and develop new and useful features and services;
(c)To follow a court order, subpoena, complaint or a lawful request from governmental authorities;
(3) On creating your free account, you will automatically be opted in to receive newsletter and special promotions suitable for your account usage. If you wish to unsubscribe from these emails, please visit your account settings and change the email preferences to suit your particular needs.
(4) MagicMyPhotos reserves the right to close accounts set up for fraudulent purposes and to delete multiple accounts at our sole discretion and without notice.
4 Submission Policy
(1) Submission refers to any image or anything whatsoever that you post or upload to the website or email, transmit or submit to us. Under these Terms, you agree that you will not submit NOR obtain any of the following using the website and/or the services:
(2) Where we, in our sole discretion, suspect or believe any submission is in breach of the law of England & Wales, for example such as child pornography, we reserve the right to report this to the appropriate authorities.
(3) You will submit certain material to MagicMyPhotos, including without limitation, photographic images, as part of your use of the Service ("Submissions"). Enhancements are made to your Submissions pursuant to your instructions by independent contractors. The independent contractors utilised by MagicMyPhotos have been screened for their technical and artistic abilities.
You understand and agree that MagicMyPhotos assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any photographs, communications or personalisation settings. You are responsible for obtaining access to MagicMyPhotos Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access to the Service. MagicMyPhotos forbids its independent contractors from utilising your Submissions for any purpose other than providing you with the enhanced or modified photographs you request. Although MagicMyPhotos routinely evaluates its independent contractors and may terminate their services for violating MagicMyPhotos' policies, you understand and agree that MagicMyPhotos assumes no responsibility for the misdirection or misuse of your Submissions by independent contractors. If, at any time, you learn of any misdirection or misuse of your Submissions, please advise us, as we may terminate the services of any technician responsible for such misdirection or misuse.
(1) The Price of the Services is inclusive of all taxes and as shown on the website at the time of ordering.
(2) Payment must be made by Visa, Mastercard or PayPal before services are commenced. By placing an order, you confirm that the PayPal account, and/or the credit or debit card that is being used is your own, or is being used with full authorisation of the account and/or card holder. If the issuer of your card refuses to authorise payment, we will not be able to process your order, nor will we be liable for any delay or non-delivery as a result.
(3) Where there are problems with your payment we reserve the right to charge interest on overdue payment at the rate of 10% per annum to recover all reasonable expenses incurred in obtaining payment from you
6. Order Completion & Delivery
(1) After your order has been completed, you will be notified via e-mail to view and download your pictures via the internet. Although we do not guarantee the speed of services, depending on the quantity of pictures ordered, delivery time will usually vary from 24 hours to 72 hours. For large quantity orders, delivery time may be more or delivered back to you in stages.
(2) The photo files will remain on our server up to 30 days, after which time the files will be deleted from the website. If you are unable to download the pictures, please notify us before the end of the 30 days at admin@MagicMyPhotos.com and the file(s) will be made available for an additional 14 day period or an alternate method of delivery will be arranged. There may be a charge for this alternative delivery.
7. Refund and Return Policy
(1) In view of the nature of the Services provided, you specifically agree to waive any cancellation or refund rights under the Consumer Protection (Distance Selling) Regulations 2000, particularly Regulation 13, unless agreed otherwise in writing.
(2) Photo services at MagicMyPhotos are provided as a unique service to you based on the examples shown on the website. You, as the customer give MagicMyPhotos full creative title to recreate the said examples based on your requests. You must give your specific requirements where needed and MagicMyPhotos will claim no responsibility if you fail to do this. However this is not intended to affect any statutory rights.
(3) Due to the bespoke nature of all airbrushed and re-touched photos, items that are delivered via email as described and in good condition may not be returned or a refund given.
(4) In the event that you are dissatisfied with the service provided to you by MagicMyPhotos, we will provide you with a revision of the image at no cost. If, after the revision is complete, you are still not satisfied with the image, we will continue to revise your image up to 2 more times as long as you have provided detailed information on what you want amended. We reserve the right to give a full refund if we cannot meet your editing requests. It is your responsibility to provide details to help us perform the changes necessary for a satisfactory revision. We will review the revision comments, and will rework the photo as long as it is within the defined parameters of the service offering originally purchased. To submit an image for a revision, please email the image and comments to email@example.com.
(5) All requests for further revision work must be made strictly within 24 hours of the return of any image. No additional editing will be undertaken after this period on images accepted as completed via the online service or received back by email and where no contact has been made with us about your intention to request further editing within 24 hours of its return.
7. Copyright Material & Intellectual Property
(1) MagicMyPhotos is committed to protecting all photographers' copyrights and expects users of the Service to do the same. By using the website and service and making any submission you confirm that you are complying with the law in England & Wales and warrant that
(a) it is your own original work or that you have the written permission of the copyright owner and that you have the right to make it available to MagicMyPhotos
(b) does not infringe any law; and
(c) you indemnify MagicMyPhotos against any legal fees, damages and any other
expenses that may be incurred by MagicMyPhotos as a result of your breach
of the above warranty; and
(d) you waive any moral rights in your contribution for the purposes of its
submission to and publication on the site and the purposes specified above. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at admin@MagicMyPhotos.com and provide all relevant details.
(2) At MagicMyPhotos' discretion and in appropriate circumstances, MagicMyPhotos may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. MagicMyPhotos will have the right to investigate and prosecute any breaches of intellectual rights infringement and/or web site security issues, to the fullest extent of the law.
(3) You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
8. Copyright of Site
(1) The content, organisation, graphics, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. All right, title and interest in and to the MagicMyPhotos site and Service is and will remain the exclusive property of MagicMyPhotos and its licensors. You do not acquire ownership rights to any content, document or other materials viewed through the Site
(2) The site and Service are protected by copyright, trademark and other laws of both the United Kingdom and foreign countries. You may not copy or modify any part of the website, including but not limited to the HTML code used to generate web pages on the site.
(3) You additionally agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Site. Except as expressly authorized by MagicMyPhotos, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content contained on or in this Site, in whole or in part.
(4) By accessing the Site, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
(5) You may not use the site or Service on, or in connection with, any other website, for any purpose without our express written permission.
(6) The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
9. iGallery Competition
(1) MagicMyPhotos runs a monthly competition for all customers submitting photos. Each month, 30 images will be selected by the administrator to appear in the iGallery and customers will have the ability to vote for their favourite photos that month. The following rules will apply
(a) only one vote is allowed per registered email address
(b) votes will only count which are cast in the relevant month
(c) the winner will be decided each month as the image which has had the most votes cast in its favour
(d) only one image per customer is admissible in the competition each month, however each customer may be in the competition each month if their image is selected again
(e) he administrator’s decision is final when the winner has been announced
(f) winners will be notified by email only
(g) results of each months winner will be posted the following month on the iGallery page
(h) no email correspondence will be entered into over the awarding of the prize and the winner selected
(i) there is no cash substitution or alternative prize other than that stated at the outset of the month and it may vary from month to month
(2) Photos selected to appear in our iGallery and monthly competition will be posted on the iGallery page and may also be selected to feature on either Facebook or Twitter at any stage during this time. If you do not wish for this to happen, you must uncheck the box at the time of checkout and your images will then not be considered for the competition in any way. Alternatively you may wish to change your preferences in the account settings.
If you do forget to deselect this option and you subsequently notice an image appearing on the site which you wish to have removed, please contact us directly and we will take it off within 24 hours of receiving your notification.
10. Use and Storage
(1) You acknowledge that MagicMyPhotos may establish policies and limits concerning use of the MagicMyPhotos, including without limitation the maximum number of days that MagicMyPhotos may retain photographic material or other Submissions sent to MagicMyPhotos. You also understand that we reserve the right to modify these from time to time,
(2) You agree that MagicMyPhotos has no responsibility or liability for the deletion or failure to store any Submissions and acknowledge that MagicMyPhotos reserves the right to log off inactive accounts
11. Cancelling the Service & Right to Refuse Service
Other than expressly provided elsewhere in these terms:-
(1) If you breach any of these Terms, your permission to use the Service will terminate automatically.
(2) MagicMyPhotos reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and after waiting for what we deem to be a reasonable period for your response.
(3) Submissions or accounts attempting to promote what we deem to be inappropriate content, will be subject to immediate termination and we reserve the right to contact the appropriate authorities.
(4) Further, we reserve the right to refuse membership to any person at any time.
12. Third-party Software
(1) We may make third party software available to you from time to time. To access such third party software, you must first agree to the third party software provider's terms and conditions governing use of such software which agreement will be between you and the third party software provider. MagicMyPhotos is not a party to any such arrangement between you and a third party software provider and disclaims any liability, and provides no warranties relating to such software.
(2) This means that we do not guarantee that any third party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.
13. Third-party Links
(1) We may provide links to third-party sites that might be of interest to you, However, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that MagicMyPhotos is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites.
(2) Links to third-party sites do not imply any endorsement by MagicMyPhotos of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.
15. Content Submission Disclaimer
(1) While MagicMyPhotos is not responsible for, and does not review or comment on the content of Submissions provided by MagicMyPhotos users, MagicMyPhotos reserves the right in its sole discretion to
misuse of the Service.
(2) MagicMyPhotos may request confirmation of the copyright or trademark ownership from you. If MagicMyPhotos does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, MagicMyPhotos reserves the right to
(3) If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, MagicMyPhotos reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved.
(4) Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. MagicMyPhotos will not be liable for the content of any Submission and, as further set forth herein, expressly and fully disclaims all liability relating thereto.
(5) You hereby grant to MagicMyPhotos a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.
16. Export & Jurisdiction
Recognising the global and international nature of the Internet, you agree to comply with all local, national and international rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from England & Wales or the country in which you reside.
By using the MagicMyPhotos Site, you agree to indemnify, defend and hold us, our officers, members, managers, employees, agents, licensors, suppliers and any third- party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from