Terms of Use

YOUR MEMBER ACCOUNT

You may create a member account with any of our Sites and Apps by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Sites and Apps. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your account on any of our Sites and Apps. In order to create a member account with any of our Sites and Apps, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Sites and Apps.

MAKING PURCHASES

If you wish to purchase any products or services through any of our Sites and Apps, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your viewing device, and we cannot guarantee that your viewing device will accurately display such colors. The inclusion of any products or services on our Sites and Apps at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Sites and Apps. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

MOBILE APPLICATIONS

Before using any of our mobile applications ("App"), we may ask you to install a valid copy of the App on your mobile device, register for an account, input your account information into the App as requested, and meet certain hardware and connection requirements which may change as the App evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. Should you uninstall an App from your mobile device, you may not be able to use all or some of the features of the App. We use reasonable efforts to accurately display the attributes of any photographs in products that you order through an App, including the colors of those photographs; however, the actual color you see is dependent upon your mobile device, and we cannot guarantee that your mobile device will accurately display such colors.

COPYRIGHT ISSUES


While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Sites and Apps to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding our Sites and Apps should be sent to:
 luxmyphoto, LLC..
Attn: Legal Department 170 Varick St. 2nd Floor, New York, NY 10013 
Email: customerservice@luxmyphoto.com

Luxmyphoto is committed to ensuring that the App and Sites remains a fun and safe place to enhance photographs and videos. To that end, the App and Sites allows users to be creative with their Content. Users of the App and Sites may not use the App and Sites to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that luxmyphoto believes:

  1. Is abusive, deceptive, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;

    Comprises copyrighted material used without the express permission of the owner;

    Violates or otherwise encroaches on the rights of others;

    Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);

    Advocates illegal activity;

    Hacks, destabilizes or adapts the Service, or alters another website to falsely imply it is affiliated with the Service;

    Uses any high volume automated means (including robots, spiders or scripts) to access the Service;

    Broadcasts or sends any form of advertising, mass communication or solicitation to luxmyphoto users;

    Harms anyone, including minors; or,

    Provides a link to any of the above

  2. Luxmyphoto has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the App and Sites may be subject to examination from time to time. Although luxmyphoto does not and will not examine or otherwise review all Content submitted or transmitted to the App and Sites, luxmyphoto may delete, move, and edit Content for any reason, at any time, without notice.

LIFE OF A PHOTO ON THE SITE OR APP

After 90 days images uploaded into user’s project user account but not submitted for payment may be subject to deletion from user’s project and account. At this time luxmyphoto does not archive the files so any photo deleted from user’s account according to company policy will not be recoverable.

An luxmyphoto enhanced photo will remain in your account and accessible for download for at least one year.

Luxmyphoto is not responsible for any damages as a result of a user’s photo being lost, deleted, or corrupted for any reason.

SATISFACTION

We want each user of our service to be 100% satisfied. If you are not satisfied with the initial enhanced art presented you will have an opportunity to make a comment back to luxmyphoto expressing your exact issue with the enhancement. In most cases a revision can be performed and a new version presented to meet the expectations of the user. A customer service agent and/or artist will apply their best efforts to rectify an issue with the enhancement instructions provided. However, enhancements can be very subjective and Luxmyphoto retains the right to decide when a particular enhanced photo has been delivered in good faith and best efforts performed as to meeting the original instructions provided and consider the service fully rendered. Should the user make additional requests that were not part of the original instructions, these additional instructions may be subject to the image to be consider a fully render service and image with new additional instructions must be submitted as a new image and pay an according fees.

DELIVERY TIME OF SERVICE

We pledge to return your enhanced photo as soon as possible. Given we have an experienced artist editing and reviewing the art, timing is dependent on workload and other operational factors. Our hope is to deliver a final enhanced photo within 3 business days or sooner, however, Luxmyphoto is not responsible for damages should a photo be return after 3 business days.

FINAL DELIVERABLES OF SERVICE

The files will be delivered in jpeg format in the highest resolution as provided in the original submission file. Even if a file is submitted in a different file format the final deliverable will be a jpeg file format. All enhanced photo files will be downloadable on the Site or App. Downloading from the Site or App is the only method to receive a final product. The original instructions for the photo defines the work to be performed. Should the user make additional requests that were not part of the original instructions they may be subjected to submitting the new requested enhancement(s) as a new image and pay according fees.

Luxmyphoto reserves the right to deny any photo enhancement deemed out of scope of the service. Should the user submit original enhancement requests that are out of scope of the service provided then the user will be notified in their client portal and an email sent. If the enhancement requests are not rectified to fit in the scope of service to the satisfaction of a luxmyphoto representative then luxmyphoto will issue a full refund for that photo in question.