Terms & Conditions

TERMS AND CONDITIONS
  Welcome to FunkyPhotoShop.com website (the "Site"). The Site, as well as the websites of our affiliates and subsidiaries, is currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site(s). The terms "Funky Photo Shop.com", "we", "us", and "our" refer to Funky Photo Shop.com trademark, its affiliates, and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access cancelled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them. Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
  Privacy
  Please review our Privacy and Security Statement, which also governs your visit to the Site, to understand our practices.
  Your Submissions
  You will submit certain material to Funky Photo Shop, including without limitation, photographic images, as part of your use of the Service ("Submissions").
  Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:
  - any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Funky Photo Shop recommends you use an "adult-content" warning label when images are being shared that include legal adult content;
  - any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
  - any material sent from an anonymous or false address;
  - any material that promotes bigotry, racism, hatred or harm against any individual or group;
  - any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  - any material depicting or simulating pornographic acts with a child under the age of 18 or which may otherwise be considered child pornography.
FUNKY PHOTO SHOP WILL REPORT ALL SUSPECTED INCIDENTS OF CHILD PORNOGRAPHY TO LAW ENFORCEMENT AND WILL PROVIDE LAW ENFORCEMENT WITH ANY PHOTOGRAPHS WHICH IT BELIEVES DEPICT CHILD PORNOGRAPHY

  While Funky Photo Shop is not responsible for, and does not review or comment on the content of Submissions provided by Funky Photo Shop users, Funky Photo Shop reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that Funky Photo Shop deems necessary relating to use or misuse of the Service. Funky Photo Shop may request confirmation of the copyright or trademark ownership from the submitter. If Funky Photo Shop does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, Funky Photo Shop reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter's account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, 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, Funky Photo Shop reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. By uploading any data and using Funky Photo Shop.com services you accept all responsibility for getting access to these services, particularly maintaining of your computer and Web access, payments for Internet traffic and any other related expenses.
  Intellectual Property
  You will submit to the Site only material that you are legally entitled to copy, modify, edit or otherwise use in the manner requested of Funky Photo Shop.
  You are solely responsible for the content of any images and/or messages you submit and Funky Photo Shop assumes no liability for any content submitted by you. If you supply or post any information or material to the Site, you guarantee to us that you have the required legal right to post such material and that it will not violate any law or the rights of any person or entity. Funky Photo Shop doesn't check submissions on violation of copyrights, laws etc. even if FUNKY PHOTO SHOP HAS BEEN ADVISED OF THE possibility of such violations. You are fully responsible for transfer, store, usage and modification of submissions being protected by copyright or any other law.
  When you post or transmit anything including but not limited to images, illustrations, graphics, audio clips, video clips or text (generally referred to as "Submissions") to Site, you grant Funky Photo Shop (as well as any third parties under Funky Photo Shop's direction or control) a nonexclusive worldwide irrevocable license to the Submission including the right to display, copy, alter, or use the Submissions for derivative works within the scope of providing those services you request us to perform.
  You will defend, indemnify and hold Funky Photo Shop harmless for any suits or liabilities arising out of third-party claims that Submissions (or any derivative product thereof, including the product of Site's work) has infringed upon that parties' rights.
  You shall always keep a copy of the original text, images or photos. Funky Photo Shop reserves the right to purge or permanently delete the content shortly after the order is completed. Funky Photo Shop will not be responsible if you lost the original text, images or photos.
  At Funky Photo Shop's discretion and in appropriate circumstances, Funky Photo Shop may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.
  Specification and Price
  Prices are set out in Funky Photo Shop quote to you and may vary from pricing given on Site, as most services are bespoke. Accurate specifications are those stated in estimate to you.
  You agree to pay for additional, unforeseen work not apparent from the information provided by you for the purposes of basing our estimate. You will be advised of any price adjustments. If you disagree, Funky Photo Shop reserves the right to cancel the contract.
  Result Examination. Approval and Improvements
  Edited photos get to My Files and can be examined in Order Details. These photos will have 'waiting for approval' status. Please examine them thoroughly.
  You will be notified by e-mail about new photos with 'waiting for approval' status and waiting for your actions. If you feel that your photo requires further improvement please email notes for its improvement on changes. Funky Photo Shop denies any material and other responsibility for violation of order due period and its consequences, caused by untimely execution of your obligations to examine, approve or disapprove photos due to any reasons (for example, if e-mail from Funky Photo Shop was blocked by your spam-filter).
  By approving an image details of waiting for approval photo, you confirm the following:
  - you have thoroughly examined a photo which was edited by Funky Photo Shop and is protected by semi-transparent watermarks
  - you have checked if it corresponds to your requirements and wishes and to requirements and wishes of your partners/relatives/bosses/employees/friends/other third parties
  - you agree that Funky Photo Shop work on photo editing is completed and you are 100% satisfied with it
  - you don't need and don't require any further improvement or modification of this photo.
  By indicated that the photo requires improvements you realize that it doesn't imply dissatifiaction with edited photos and our work, but ability to leave instruction for further work of Funky Photo Shop designers. By asking for further improvements you agree to continue work and are satisfied with intermediate results. Only order cancellation implies refusal of our work and further collaboration.
  Funky Photo Shop wants you to be satisfied with our work and accept it, but in the meantime Funky Photo Shop reserves the right to consider work as examined, meeting your requirements and approved, if
  - requests for further improvement are not accompanied with notes for improvement of edited photo or its reediting
  - you didn't approve or ask for improvements until expiration of authorization period (30 days) due to any reasons.
  Funds Charging
  According to Funky Photo Shop Satisfaction Policy Funky Photo Shop charges funds only after your approval that our work is done and no further improvements are needed. You realize and agree that Funky Photo Shop considers work as completed in proper manner and will charge funds if:
  - all photos in an order are approved
  - authorization period (30 days) expires soon and you didn't cancel order - there for you show satisfaction with our work
  - all photos in an order are approved or request for improvement is made without any note for further improvement - it is considered as absence of wishes for further improvement and satisfaction with edited photos
  By using Funky Photo Shop services you confirm that you have read, understood and accepted these terms of work, collaboration, result examination and funds charging.
  Refund Policy
  Please review our Refund Policy Statement.
  Delivery Results
  We send you edited photos in full resolution and quality with protective semi-transparent watermarks before charging any funds. When the funds are charged, you will be able to download from your account, via email or a cd/dvd will be sent to you. You may use the image freely without any odd marks and signs.
  You realize and agree that we do not guarantee and do not promise to provide edited photos for examination without semi-transparent marks and signs and that you are ready to make final decision about photo approval or disapproval using photos with semi-transparent watermarks, and that your decision about satisfaction with edited photos and necessary improvements won't be changed after removal of watermarks.
  Use and Storage
  You acknowledge that Funky Photo Shop may establish general practices and limits concerning use of the Funky Photo Shop service, including without limitation the maximum number of days that Funky Photo Shop may retain photographic material or other Submissions sent to Funky Photo Shop. You agree that Funky Photo Shop has no responsibility or liability for the deletion or failure to store any Submissions. You acknowledge that Funky Photo Shop reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Funky Photo Shop reserves the right to modify these general practices and limits from time to time
  Your Account
  If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to:
  - immediately notify Funky Photo Shop of any unauthorized use of your password or account or any other breach of security
  - ensure that you exit from your account at the end of each session. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
  Method of Payment
  For your convenience, we accept the following methods of payment:
  Credit cards: Use your American Express, Visa, MasterCard, or Discover card.
  PayPal: Australia, USA, UK, and Canada only.
  Links
  We are not responsible for the content of any sites that may be linked to or from http://www.Funky Photo Shop.com or any bulletin board associated with Funky Photo Shop.com. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from FunkyPhotoShop.com, and Funky Photo Shop.com has no control over the content of that other website. In addition, a link to any other web site does not imply that Funky Photo Shop.com endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Funky Photo Shop.com of that third party or of any product or service provided by a third party.
   DISCLAIMERS OF WARRANTY
  THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH FUNKY PHOTO SHOP'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
  FUNKY PHOTO SHOP AND ITS OFFICERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT FUNKY PHOTO SHOP'S SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE ENHANCED PHOTOGRAPHS WILL MEET YOUR EXPECTATIONS.
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUNKY PHOTO SHOP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FUNKY PHOTO SHOP MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUNKY PHOTO SHOP MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH FUNKY PHOTO SHOP'S SITE OR ADVERTISED THROUGH FUNKY PHOTO SHOP'S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FUNKY PHOTO SHOP OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  LIMITATION OF LIABILITY
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FUNKY PHOTO SHOP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF FUNKY PHOTO SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, FUNKY PHOTO SHOP'S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT FUNKY PHOTO SHOP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FUNKY PHOTO SHOP WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF FUNKY PHOTO SHOP TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO FUNKY PHOTO SHOP FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  Online Conduct
You agree to use Funky Photo Shop.com only for lawful purposes. You are prohibited from posting on or transmitting through Funky Photo Shop.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), Funky Photo Shop.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind.
  - to satisfy any law, regulation, or government request
  - if such disclosure is necessary or appropriate to operate Funky Photo Shop.com
  - to protect the rights or property of Funky Photo Shop.com, its Associates, and you. We reserve the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be unlawful or harmful to you, Funky Photo Shop.com, the communities that make up Funky Photo Shop.com, or any rights of Funky Photo Shop.com or any third party. Notwithstanding the foregoing, neither Funky Photo Shop.com nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Funky Photo Shop.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Associates assumes any liability for any action or inaction with respect to conduct, communication, or Content on Funky Photo Shop.com.
  Customer Policy for Idea Submission
  Many of our customers are interested in submitting ideas for products and services to be used at Funky Photo Shop, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our service; however, please note our policy on external idea submission:
  - Unsolicited ideas submitted to Funky Photo Shop or any of its employees automatically become the property of Funky Photo Shop.
  - By submitting unsolicited ideas to Funky Photo Shop, Inc. you automatically forfeit your right to the intellectual property of these ideas.
  If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to Funky Photo Shop or its employees.
  Instead:
  Send a message to admin@funkyphotoshop.com and describe ONLY the general application.
  If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by Funky Photo Shop in order to evaluate your concept(s).
  Age Requirement
  You must be at least 14 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.
  Site Policies, Modification and Severability
  Please review our other policies, such as our Privacy and Security Policy, posted on the Site. These policies also govern your visit to Funky Photo Shop.com. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
  ACKNOWLEDGEMENTS
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF FUNKY PHOTO SHOP AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND FUNKY PHOTO SHOP, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND FUNKY PHOTO SHOP RELATING TO THE SUBJECT OF THIS AGREEMENT.
  Funky Photo Shop Inc.
  If you have questions or concerns regarding this statement, you should first contact our customer service department by email at admin@funkyphotoshop.com

PRIVACY POLICY
This Privacy Policy concerns any information being acquired from you by FunkyPhotoShop when you use our Site and our Services. FunkyPhotoShop reserves the right to change this Privacy Policy without prior notice. FunkyPhotoShop do its best to protect your privacy. FUNKYPHOTOSHOP WILL NEVER SELL, LOAN, RENT, TRADE OR GIVE AWAY YOUR PERSONAL INFORMATION TO ANY THIRD PARTY, except when required by law.
Information Acquisition and Utilization
FunkyPhotoShop acquires visitors' information to help them in using our Site. When you register or place an order at the Site, we collect your name, phone number, job and e-mail and save them in your user profile. WE DO NOT KEEP INFORMATION ABOUT YOUR CREDIT CARD. You will be able to enter your user profile only with registration e-mail and password. You have to login and use your user profile to request a quote or place an order. FunkyPhotoShop uses your email to notify you about current requests or orders. FunkyPhotoShop also can use your e-mail to notify you about special promotions, discounts, and other FunkyPhotoShop news. If you would like to unsubscribe from FunkyPhotoShop mailings, please follow the procedure described in Email Settings & Subscriptions section.
Use of Your Submissions
FunkyPhotoShop will never use any your image(s) in commercial purposes and will not transfer it to third parties, which are not directly involved in service providing for execution of your order. Your photos can be used in "before-after" format as sample of our work on FunkyPhotoShop.com. You can forbid such utilization immediately by sending an email to admin@FunkyPhotoShop.com
Your Account
If you use the Site, you are responsible to keep the confidentiality of your account and password and to restrict access to your computer. You accept responsibility for all actions performed from your account or password. FunkyPhotoShop reserves the right to deny to provide services, block accounts, delete or edit content, cancel orders in our sole discretion.
Use of IP Adresses
An IP address is a set of digits which is assigned to your computer automatically any time you access the Web. We use your IP address for administrative purposes. We don't bind your personal information and your IP address.
Use of Cookies
A cookie is a text information being sent to your computer to assist our site to recognize you when you visit our site again. Cookies help us to personalize your visits and save you time at checkout. Your browser should have enabled cookies receiving to let you use the whole functionality of registered user. We also use cookies to gather some statistical information. We may collect and share information about the pages of our site being visited by you, but this information is not associated with you in any way. If you want to forbid cookies receiving from our or any other site, please modify settings of your browser.
Security Policy
Users can use Secure Checkout while placing an order on our site. This option implies using of the industry standard, SSL (Secure Socket Layer) encryption to protect any personal information including credit card number. FunkyPhotoShop is designed to accept orders only from Web browsers that enable using Secure Socket Layer (SSL) technology; for example, Netscape Navigator 3.0 or higher or Internet Explorer 3.02 or higher. Therefore you will not be able to place an order through unsecured connection. We charge your credit card only when your order is completed. We never use your credit card information for any purposes except for refunds issue or other required adjustments.
YOUR AGREEMENT
By using FunkyPhotoShop Site or Services, you agree with the terms of information acquisition as described in this Privacy Policy. We may change this policy. Any changes of our policy will be displayed on this page. Please check it to be aware of terms of information acquisition and utilization. Please visit our page for more information Site terms of use.
This privacy and security statement is effective October 01, 2011.
Contact our customer service department with any questions or concerns regarding this statement:

  admin@FunkyPhotoShop.com.

For more information, please see our Terms and Conditions.