Terms & Coniditons
Duelling Pixels Studio Membership
Terms and Conditions applicable to a buyer of Services using clippingpathphotoretouch.com, a website owned and operated by Duelling Pixels.
These terms and conditions are the contract between you and Duelling Pixels (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.
Duelling Pixels is a trade name of Nicholas Duell whose address is at PO Box 381, Elsternwick, 3185, Victoria.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Products on your behalf.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately.
|“Content”||means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.|
|“Duelling Pixels”||means us. It also means the membership marketplace we operate and the business of operating it.|
|“Duelling Pixels Studio Membership “||means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly;|
|“Service”||means all of the services offered for sale through Our Website by a Provider whether free or charged.|
|“Provider”||means a person who offers a Service for sale on Our Website.|
|“Our Website”||means any website of ours, and includes all web pages controlled by us.|
|“User”||means any person other than you who uses the Duelling Pixels Studio or visits the website for any purpose.|
|“you” “yours” etc,||means you, the party to this agreement.|
- Duelling Pixels is neither a buyer nor provider of Services offered for sale. We are neither a principal nor agent in a buying transaction.
- Clippingpathphotoretouch.com is a marketplace. We are agents of a Provider only to the extent of use of Our Website as a platform for sale of his Service and for collection and forwarding of your money.
- We welcome any comment or complaint about a Provider, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of clippingpathphotoretouch.com members.
- We are not responsible for the supply of any Service you order or for the cancellation and refund procedure should you decide to cancel a Service for any reason.
- We are not responsible to you further than to take your money and pass it to the Provider.
- These terms and conditions regulate the business relationship between you and us. By buying Duelling Pixels Studio Membership or using Our Website free of charge, you agree to be bound by them.
- Purchase of Clippingpathphotoretouch.com Membership entitles you to receive from us a code which will entitle you to a discount of 10% for Services purchased from any Provider. Note that Clippingpathphotoretouch.com Membership does not entitle you to a discount on Services purchased from a Provider which are not offered for sale on Our Website.
- We provide a market place for the supply of Services. We are in no way responsible for:
- your locating and ordering a Service;
- your choice of a Service;
- any aspect of the provision of the Service;
- refund payment for any Service;
- any complaint about any Service.
- In any dispute with a Provider, you should deal only with the Provider. We have neither legal obligation nor detailed information about the Services.
- We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
- Details of the cost and benefits of Clippingpathphotoretouch.com Membership are as set out on Our Website and accordingly updated from time to time.
- Payment for a Clippingpathphotoretouch.com Membership is for one year / a fixed period of time. At least four weeks before expiry of that period we shall send you a message to your last known email address to tell you that your Membership is shortly to expire and inviting you to renew. An invoice for a new period of Clippingpathphotoretouch.com Membership will be included.
- You do not have to take any action for this to apply. By accepting these terms and conditions, you do instruct us to start immediately / give you immediate access / provide the Clippingpathphotoretouch.com Membership. You know that by doing so, you may not be entitled to a refund.
- At any time before expiry of your Clippingpathphotoretouch.com Membership , you may use the “My Account” tab on Our Website to access your personal information and change your renewal membership status or cancel renewal.
- At expiry of your Clippingpathphotoretouch.com Membership we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your Clippingpathphotoretouch.com Membership for a further period.
- Subject to last previous sub-paragraph, you may cancel the membership within 14 days after the day we confirm the renewal of your Duelling Pixels Membership. If you do so we will refund your membership cost within 14 days of receipt of this request.
- Other than the limitation set out above Clippingpathphotoretouch.com Membership is non-refundable and non-transferable.
- Apart from your cancellation right, termination of Clippingpathphotoretouch.com Membership will be regulated by this contract set out in paragraph 14 below.
- We reserve the right to modify the Clippingpathphotoretouch.com Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Clippingpathphotoretouch.com Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those Posted here on Our Website on the day you join as a member.
Your account and personal information
- When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
- You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
The buying procedure
- Unless it is clear to the contrary, you may assume that every sale is made by the Provider in the course of his business.
- Prices listed on Our Website by Providers are inclusive of any applicable sales tax.
- Services may be offered for sale subject to any discount or promotion arranged between Duelling Pixels and the Provider.
- Subject to discounts and promotions, Services are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately.
- Services will be provided at the times and places specified in the website or otherwise in terms and conditions of each Provider.
- Once you have made an order to purchase a Service through Our Website, the price cannot be increased for  weeks.
- Neither we nor the Provider can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
- You are required to pay in the currency in which the Service is listed for sale on Our Website.
- Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
- For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
- To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is, in reality, a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.
Security of your credit card
We take care to make Our Website safe for you to use.
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
- To give you the utmost confidence in the Clippingpathphotoretouch.com buying experience, we offer you an after-sales guarantee:
- If the Provider fails within a reasonable time, to supply a Service for which you have paid, or supplies a Service which is substantially different from what you ordered, we ourselves will refund the cost to you.
- This guarantee is subject to the following conditions:
- you must first follow the cancellation and refunds procedure set out on Our Website;
- the maximum payment is $ 250] We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;
- the claim form must be completed truthfully and accurately;
- you must provide a street address to us in one of: The European Union, the United States of America, Canada, New Zealand;
- you are limited to a lifetime maximum of five claims and a maximum of one item in two years;
- you must not have requested a chargeback from your credit card company.
- The guarantee set out in this paragraph is non-contractual. We shall operate it at our sole discretion.
How we handle your Content
- If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control who sees it or what anyone does with it.
- Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should, therefore, avoid Posting unnecessary confidential information.
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
- You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
- We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at subparagraph 8.4.
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other Users of Our Website and to comply with the law. These provisions apply to all Users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
- request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
- be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- facilitate the provision of unauthorised copies of another person’s copyright work;
- link to any of the material specified in this paragraph;
- use distribution lists that include people who have not given specific permission to be included in such distribution process;
- send age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted;
- the name, logo or trademark of any organisation other than yours;
- inaccurate, false, or misleading information.
- Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who visits Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any User of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or we may not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees if any.
Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a User who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- share with a third party any login credentials to Our Website;
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
Storage of Data
- We assume no responsibility for the deletion or failure to store, deliver or timely deliver messages.
- We may, from time to time and without notice, set limit(s) on the number of messages you may send, store, or receive through the service, and we retain the right to delete any emails above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).
- Your clippingpathphotoretouch.com Membership expires one year after the date you joined.
- You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate your clippingpathphotoretouch.com Membership .
- We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
- If you terminate, we shall not be liable to you whatsoever, and you hereby release us from any such liability.
- Termination by either party shall have the following effects:
- your right to use the clippingpathphotoretouch.com Membership immediately ceases;
- we are under no obligation to forward any unread or unsent messages to you or any third party;
Copyright and other intellectual property rights
- All Content on Our Website, for example, page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Services for sale. It is all protected by international copyright laws.
- You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
Interruption to the clippingpathphotoretouch.com service
- We give no warranty that our service will be satisfactory to you.
- We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reason. We may do so without telling you first.
- You acknowledge that our service may also be interrupted for reasons beyond our control.
- You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Duelling Pixels service.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
- your use of the Clippingpathphotoretouch.com Membership ;
- the breach or violation of this agreement by you;
- the infringement by you, or by any other User of the Clippingpathphotoretouch.com Membership using your computer, of any intellectual property or other right of any person or entity;
- your failure to comply with any law;
- a contractual claim arising from your use of the Duelling Pixels [Membership] and purchase of Service.
- Your use of the Duelling Pixels Studio Membership is without any warranty or guarantee.
- Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of any such service.
- We or our Content suppliers may make improvements or changes to the website, the Content, or to any of the services described on the website, at any time and without notice to you.
- You are advised that Content may include technical inaccuracies or typographical errors.
- Our Website contains links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
- We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
- The Duelling Pixels Website and Duelling Pixels Studio Membership services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
- Disclaimers about the Service
Disclaimers about the Clippingpathphotoretouch.com Membership
- All of the Content on Our Website relating to any Service has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.
- We make no representation, warranty or other provision with regard to the Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.
- So far as concerns Services you purchase through Our Website, we are not liable for:
- any Service complying with the requirement of any law or being available;
- the Provider performing his contract.
- We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Service offered for sale by a Provider will be useful or suitable for you.
- You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.
- Miscellaneous matters
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- For the purposes of the Privacy Act 1988 you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
- If you are in breach of any term of this agreement, we may:
- publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Website;
- remove or edit Content, or cancel any order at our discretion;
- issue a claim in any court.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
- Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party.
- We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
- In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria, Australia.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure server. Clippingpathphotoretouch.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
STORAGE AND SECURITY OF YOUR INFORMATION
We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with our customer support.
We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with us. However, if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.
Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.
We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).
Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of Clippingpathphotoretouch.com, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be disclosed to a potential purchaser under a confidentiality agreement. We would only disclose your information in good faith and where required by any of the above circumstances.
We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of Clippingpathphotoretouch.com, our customers or third parties or if required by law.
We may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
We strive to ensure the security, integrity and privacy of personal information submitted to our website, and we periodically update our security measures in light of current technologies.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The information contained in this website is for general information purposes only and is provided by Clippingpathphotoretouch.com. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website, you may be able to link to other websites which are not under the control of Clippingpathphotoretouch.com. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Duellingpixels.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its contents are the copyright of Duelling Pixels – © 2019. 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 contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only 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. You may not transmit it or store it on any other website or other form of electronic retrieval system.