MISTER CLIPPING PATHS TERMS OF SERVICE
LAST UPDATED: 09/1/2020
For the best results, please submit images that meet Mister Clipping Paths guidelines for resolution and file format. Mister Clipping Paths works hard to make sure the edited images it returns to You are the quality our customers have come to expect from Mister Clipping Paths. The produced images will be deemed accepted by You upon receipt unless, within seven (7) days, You contact Mister Clipping Paths through Your account page or live chat on Mister Clipping Paths website.
The detail an error by Mister Clipping Paths concerning the image. Mister Clipping Paths is committed to customer satisfaction and will work with You to correct any Mister Clipping Paths error as determined in Mister Clipping Paths sole discretion, including but not limited to re-performing its services to correct such a mistake. You will review any corrected image and accept or reject the same by Section 1 (“Images”). This process shall repeat itself until the returned image is deemed accepted. Mister Clipping Paths deletes from its system all images approximately thirty (30) days after their respective acceptance.
Mister Clipping Paths is not responsible for the quality of returned images if the image You originally submitted does not meet Mister Clipping Paths then-current guidelines.
Mister Clipping Paths returns the images to You via a public web address (e.g., URL). Although Mister Clipping Paths utilizes means to make Your edited image available only to You, there are inherent security limitations in a public web address which Mister Clipping Paths cannot and will not rectify and for which Mister Clipping Paths will not be liable.
The price of the service ordered shall be set forth in Mister Clipping Paths price list then in effect when Mister Clipping Paths accepts Your order. Mister Clipping Paths reserves the right to change its price list without prior notice. All payments shall be made in $, €, and £. Mister Clipping Paths will process your payment upon submission of Your order and will accept Your order upon verified payment. Mister Clipping Paths may consider extending a line of credit to large volume, repeat customers on a case by case basis, in which circumstance Mister Clipping Paths will invoice such customers on a monthly basis.
You are responsible for paying any applicable taxes, duties, or tariffs relating to your order, except taxes on Mister Clipping Paths income. Notwithstanding the payment terms, all other terms of this Agreement apply to any free trial. Free trials are limited to product images only (e.g., no pet, person, logo, or landscape or the complex pictures), and machine-like or automated submissions (e.g., multiple free trial requests from the same IP address) will not be accepted.
4. Rights to Use Image
You are solely responsible for the images you submit. Mister Clipping Paths reviews submissions for inappropriate material and reserves the right in its sole discretion to reject any image for any reason or no reason; however, Mister Clipping Paths acceptance of an image for processing should not be construed as a determination of Your rights to use the picture.
By submitting a photograph to Mister Clipping Paths, You represent and warrant that You have the legal authority to enter into this Agreement, that you have the right to use any credit card(s) or other payment means used to initiate any transaction, that any images You submit to Mister Clipping Paths do not contain any materials (such as malicious software code or viruses) that may harm Mister Clipping Paths or its subcontractors’ property, and You hereby grant Mister Clipping Paths a non-exclusive, worldwide, transferable, royalty-free, sublicensable (through multiple tiers of sublicenses including but not limited to Mister Clipping Paths subcontractors) perpetual, irrevocable license under all intellectual property rights throughout the world (including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to reproduce, modify, edit, make derivate works from, distribute (through multiple tiers), publicly perform and display and otherwise use the image as reasonably necessary for Mister Clipping Paths and its subcontractors to perform the services You requested hereunder.
You agree to indemnify and hold harmless Mister Clipping Paths, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees, and agents from any claims, liabilities, or expenses (including without limitation, attorneys’ fees) that arise directly or indirectly from Your breach of this Agreement.
The use of Mister Clipping Paths services grants Mister Clipping Paths permission to use your name or logo in any Mister Clipping Paths’ marketing material to identify You as a Mister Clipping Paths customer.
6. Disclaimer of Warranties
EXCEPT FOR THE PROCEDURE outlined in SECTION 1 (“IMAGES”), THE SERVICES ARE PROVIDED “AS IS.” NEITHER MISTERCLIPPINGPATHS NOR ITS LICENSORS OR SUBCONTRACTORS MAKES ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER. ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT WILL MISTERCLIPPINGPATHS, ITS LICENSORS OR SUBCONTRACTORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, REVENUE, SAVINGS, BUSINESS, DATA OR GOODWILL, HOWEVER, USED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE ON ANY THEORY OF LIABILITY, WHETHER OR NOT MISTERCLIPPINGPATHS OR A LICENSOR OR SUBCONTRACTOR OF MISTERCLIPPINGPATHS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, MISTERCLIPPINGPATHS, AND ITS LICENSORS AND SUBCONTRACTORS’ TOTAL LIABILITY TO YOU ARISING FROM OR concerning THIS AGREEMENT OR MISTERCLIPPINGPATHS OR ITS SUBCONTRACTORS’ PERFORMANCE OF THE SERVICES SHALL BE LIMITED TO THE TOTAL PAYMENTS TO MISTERCLIPPINGPATHS FOR THE SERVICES PERFORMED ON THE RELEVANT IMAGE. IN NO EVENT WILL MISTERCLIPPINGPATHS OR ITS LICENSORS OR SUBCONTRACTORS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THE previous LIMITATIONS SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONS OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
8. Basis of Bargain
The parties acknowledge that Mister Clipping Paths has set its prices in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein. The same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
This Agreement shall be effective from the date. You submit an image to Mister Clipping Paths until the date the returned image is deemed accepted, provided that Mister Clipping Paths may terminate this Agreement at any time and will return the fees paid by You for any image that Mister Clipping Paths has not edited. Mister Clipping Paths may or may not, in Mister Clipping Paths sole discretion, return fees paid for edited images not yet deemed accepted. Sections 3-9 of these Terms of Services, and any other provisions by their very nature, shall survive the expiration or termination of this Agreement.
10. General Provisions
This Agreement applies only to You and may not be assigned or transferred by You. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of Mister Clipping Paths. This Agreement will be governed by and construed according to the laws of California, U.S.A. without regard to that body of law controlling conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
In the event of any dispute or claim arising out of this Agreement, the parties shall submit to arbitration with the American Arbitration Association in Santa Clara County, California, U.S.A., or other mutually agreeable arbitration service or location. This Agreement is written in English, and the governing language shall be English.
The use of the singular includes the plural and vice versa, as the context may require. The headings used in this Agreement are for convenience of reference only and shall not in any way affect the interpretation of the provisions of this Agreement. Mister Clipping Paths shall not be liable for any alleged loss or damages resulting from failure to perform due to acts of God, natural disasters, strike, shortages of labor, acts of civil or military authority, governmental priorities, fire, floods, epidemics, quarantine, energy crises, war, riots or interruption of Mister Clipping Paths production for reasons beyond Mister Clipping Paths reasonable control.
Mister Clipping Paths may amend this Agreement at any time, and the terms that will govern Mister Clipping Paths service of a particular image are those in effect on the date You submit the photo. No waiver will be implied from conduct or failure to enforce rights. If any part of this Agreement is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of this Agreement will remain in full force. In case of conflict between these Terms of Service and any other statement on Mister Clipping Paths website, these Terms of Service shall control. This Agreement represents the entire Agreement between the parties relating to its subject matter and supersedes all other representations.