InstaRestoration Terms and Conditions
This Web Site agreement, herein after the “agreement”, is between you and InstaRestoration, (the company which operates instarestoration.com). Use of www.instarestoration.com, herein after “IR”, signifies your agreement with all the terms and conditions of the agreement. If you do not agree with the set forth terms and conditions of the agreement, do not go any further into the web site.
IR operates this site from its offices within Germany. IR makes no representations that the Materials referenced on this site are appropriate or available for use in other areas of the world. Those who access this site from locations outside of Germany are responsible for compliance with applicable local laws. Any claim relating to this site or use of this site will be governed by and interpreted in accordance with German law, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Berlin, Germany. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.
Instarestoration.com reserves the right to make changes to this site and to these terms at any time. Any change in these terms will be prospective only, unless retroactive effect is legally required. Your continued use of this site will constitute your acceptance of any new or amended terms.
Conditions of Use:
You agree to read the terms and conditions carefully before using IR. Continued use of IR indicates your acceptance of such terms and conditions.
License to Use IR Web Site:
InstaRestoration.com grants you a non-exclusive, limited right to use IR. Such right is based on your compliance with all the terms and conditions set forth herein the agreement.
IR Material Rights:
By submitting images for digital retouch or restoration, emailing IR, its employees or authorized agents, you grant IR the right to copy, produce, transmit, modify, display, and edit any communication or images received through use of IR STRICTLY FOR THE PURPOSES OF COMPLETING YOUR ORDER.
You acknowledge that you UNDERSTAND ALL FEDERAL COPYRIGHT/TRADEMARK LAWS, AND THAT ALL IMAGES, MATERIALS AND/OR COMMUNICATIONS SUBMITTED TO IR (BY YOU) DO NOT VIOLATE SUCH LAWS. IR is under no obligation to use any communications or images that are submitted by you for any purpose.
You agree that you WILL NOT SUBMIT ANY IMAGES TO IR FOR WHICH YOU DO NOT HOLD COPYRIGHT, OR FOR WHICH YOU DO NOT HAVE PERMISSION FROM THE COPYRIGHT HOLDER TO DO SO.
Furthermore, any Images/Photos that are Altered by us (instarestoration.com) or anyone working for us CAN NOT be used for Commercial purposes or Sold for profit. This includes Images/Photos that we Restore, Manipulate, Colorize, Age Progress/Regress or any other Digital Alterations that we provide to you, our customer. We own the Copyrights to any image that we Alter whether it is sent to us through Electronic means such as Email or Upload or through the Mail. A signed consent form must be obtained Before any of our copyrighted works are used on television/video, on a website that is used to promote and offer services, products or any Printed media such as flyers, magazines, books, brochures etc. The pricing for Commercial Use Age Progression & Manipulation is to be determined on a case by case basis and will be determined before any work begins. Credit must be given to www.instarestoration.com when our images are used commercially to promote anything regardless of its purpose or nature. Our credit has to be at the bottom of the image, clearly visible and must not be cropped off wherever it is displayed. We can do work with no Credit given to us, but the price would be higher and the terms/price would have to be agreed upon in writing by both parties involved.
IR uses reasonable measures to ensure the protection and privacy of communications, images and billing information submitted to www.instarestoration.com. IR uses Secure Socket Layer (SSL) encryption to secure all payment information. You acknowledge that communications and images submitted to IR are not confidential and may be read or intercepted by unanticipated third parties. You agree that if such interceptions occur, IR is not liable in any manner under all applicable laws and jurisdictions.
Billing and Shipping:
You agree that all billing/shipping information that you submit is accurate. You agree that you have reviewed your billing/shipping information and that you deem it accurate. You agree that you have not created multiple accounts in an effort to defraud IR of any promotions or deals or to deceive IR in any way. You also agree that you will notify IR upon any change in billing/shipping information. You will be held liable for all additional billing or shipping costs that may be incurred due to inaccurate billing/shipping information provided by you. Such costs include, but are not limited to additional postage, shipping materials, photo lab fees, collection and attorney’s fees. instarestoration.com is not liable for any delay in services or products that result from inaccurate billing/shipping information.
Warranties and Disclaimers:
Instarestoration intends for the Materials contained on this site to be accurate and reliable. These Materials may, however, contain technical inaccuracies, typographical errors or other mistakes. IR may make corrections or other changes to these Materials at any time. IR reserves the right to make corrections, modifications, enhancements, improvements and other changes to its products, programs and services at any time or to discontinue any products, programs, or services without notice.
We can refuse service to anyone as we see fit. Any and all photos, documents and other visual files that are uploaded through our upload forms must be copyright cleared by the individual uploading the photos.
Limitation of Liability:
Instarestoration.com cannot be held liable for any indirect, special, incidental or consequential damages or any damages, including but not limited to, damages resulting from loss of use, data, profits or photos whether in an action of contract, negligence or other tortious action resulting from use of this site or arising out of the use or performance of the materials available on this site, regardless of whether IR or an authorized IR representative has been advised of the possibility of such damages. IR shall only be liable in the event of deliberate or gross negligence. We can’t be held responsible for a lost or damaged photo whether it’s in transmission to us or away from us or while it’s in our presence. We take extreme measures to assure that your photos and prized possessions are under the utmost care when handled by us.
If a customer requests a refund, the money for the requested transaction is refunded back to the customer. If the refund is for services which took place more than 10 days ago, the refund may require issuance of a check, and may take up to 10 business days to process. No refunds may be issued for services provided beyond a period of 15 days in the past.
instarestoration.com provides these terms and conditions “as is”. instarestoration.com maintains the sole right to revise these terms and conditions at any time. instarestoration.com reserves the right to terminate such agreement any time without any notice to any such user. instarestoration.com, employees, and authorized agents shall not be held liable for any damages or any unforeseen damages that may result directly or indirectly from any communications and or images that are submitted for personal Non-Commercial and Commercial Uses or for any communications or images that may be received by an unanticipated third party except for cases of intent and gross negligence.