This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, www.cutoutimage.com, portal.cutoutimage.com, sub-domains, and any associated web-based and mobile applications (collectively referred to as our “Website”), as owned and operated by Cut Out Image.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, and other posted guidelines within our Website, collectively “Legal Terms,” constitute the entire and only agreement between you and Cut Out Image, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The last update to our Terms of Service was posted on August 22nd, 2016. Cut Out Image holds the right to change the policy from time to time.
1.1 If any of the Services you use or features offered on or through the website require an account, before using the Service or feature you must open an account by completing the required registration process. This will include providing Cut Out Image with current, complete and accurate information, including, without limitation, your email address.
1.2 You are entirely responsible for maintaining the confidentiality of your password and account and you have sole responsibility for any and all activities that occur under your account. You remain liable for losses incurred by yourself or a third party on your Cut Out Image account.
1.3 Cut Out Image reserves the right to cancel, block or remove your account anytime without prior notice to you if any suspicious activities or discrepancy found under your account and for any reason without letting you know.
2.1 By submitting “Free Trial”, you agree to this Terms of Service, Privacy Policy, and agree to receive promotional email and/or phone call.
2.2 Cut Out Image provides a Free Trial for up-to three images depending on the circumstances to give the company a clear indication about our capabilities, expertise, and service level. Eligibility must be proven by reference to a company website and message from an official email address. Cut Out Image reserves the right in its sole discretion to refuse any test work for any reason.
3.1 The client shall upload image that meets the specification if supplied and file format of Cut Out Image guideline to obtain the best result possible.
3.2 Placing an order with more than 200 images that are not of simple complexity defined by us will require our review and approval before it goes to progress queue. Working on complex images may take some extra time and you are advised to consult with our Support Team before you place it.
3.3 COI reviews submissions for inappropriate material and reserves the right in its sole discretion to refuse any image for any reason (or no reason).
3.4 You represent and warrant that you have the legal authority to enter into this Agreement, and that acceptance of an image by Cut Out Image for editing should not be considered as a determination of your rights to use of the image. You are solely responsible for the image you submit.
3.5 Subject to the terms and conditions of this Agreement, you hereby grant Cut Out Image a non-exclusive, worldwide, transferable, royalty-free, sub-licensable (through multiple tiers of sublicenses including but not limited to COI’s subcontractors), perpetual, irrevocable license under all intellectual property rights all over the world (including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to modify, reproduce, edit, create derivative works from, distribute (through multiple tiers), publicly perform and display and otherwise use the image as modestly possible for COI and its subcontractors to perform the services on the image you requested hereunder.
3.6 Cut Out Image reserves the right to use any free trial image(s) for its own purposes subject to promotional use and as specimen i.e. publishing in the website as sample without the owner’s consent. Also clients may be requested to give us permission to use the regular images on our website as a sample work. However, unless you comply with and give permission to do so we will not use any of your images, it is entirely your wish.
3.7 Quotation Request: If you request for a quotation, a calculated price will be given upon review with the images and required services; given price will be valid for 7 days. It needs to be accecpted the quote within 7 days, otherwise you will need to submit a quote request once again.
3.8 Copyright Terms: Cut Out Image is protected under the Copyright, Designs and Patents Act 1988 and Data Protection Act 1998. All COI content, images and Clients’ content, images are protected under these acts and all other terms mentioned in all the Privacy Policy Sections.
4.1 Edited images will only be available to respective clients through a secured Web URL inside the client portal area. Clients can download their image from our website.
4.2 Images will be delivered and ready to download within your selected turnaround time while you place an order.
4.3 If we fail to deliver within your chosen turnaround time, then the respective client shall be notified and the issue can be resolved through a mutual understanding with the respective client.
4.4 Edited image will be available in through Cut Out Image’s server for next 30 days and then the system will delete the images automatically.
4.5 After downloading the image from our server, if you have any complaint or correction to make, you shall let us know within 24 hours from the time of download and will be ready to help us fix any error made by us as determined by our sole discretion, including, but not limited to, working again on such issues. Cut Out Image is committed to providing you the best possible service & quality job to make sure you are satisfied.
5.1 Upfront & Instant Payment: Cut Out Image will require you to pay for the work upfront. You will be promoted to the preferred payment gateway upon selection at the time of placing order.
5.2 Monthly Account Setup: Monthly basis account can be setup for corporate clients, subject to satisfactory reference checks and at the sole discretion of Cut Out Image. At the time of placing an order, clients can choose the “Pay Later” option and still download the image(s) and enjoy our services. In that case, clients will be required to pay the outstanding account within 30 days of the time of placing an order to be eligible to receive our service further.
6.1 We accept payment via PayPal, Payza, Payoneer, 2CheckOut, Skrill, Google Wallet & all major credits cards supported by PayPal & 2CheckOut.
6.2 Bank Wire will be a flexible option for regular and monthly basis clients if the monthly total spending exceeds US $500.00.
6.3 Cut Out Image reserves the right to add, delete, modify, edit or change any of the above mentioned methods and their gateway or service identification number or even switch the bank at any time without any prior notice to you.
6.4 You are well advised to make the payment through our Service Portal SCI (SCI – Shopping Cart Interface) using your preferred and selected payment method to avoid sending payment to or on a wrong account.
6.5 Sending the payment directly to or on our accounts will require you to cross check the current, complete and accurate information with us each time you send the fund to or on through i.e. our PayPal Email ID may change or we may switch to a new Bank that will have different information.
We are committed to providing you with the best possible Quality & Service and care about customer satisfaction. If you are not 100% satisfied with the quality of our works, within 60 days from the order date, we will fully refund the cost of your order.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Cut Out Image reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
The materials appearing on Cut Out Image’s web site could include technical, typographical, or photographic errors. Cut Out Image does not warrant that any of the materials on its web site are accurate, complete, or current. Cut Out Image may make changes to the materials contained on its web site at any time without notice. Cut Out Image does not, however, make any commitment to update the materials.
The materials on Cut Out Image’s web site are provided “as is.” Cut Out Image makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Cut Out Image does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
The Site serves as a venue for Individuals to purchase distinct services or products. Neither Cut Out Image nor the Site has control over the quality or fitness for a particular function of a product. Cut Out Image likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor, such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Cut Out Image has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Cut Out Image may revise these terms of use for its web site at any time without notice. By using this web site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to Cut Out Image’s web site shall be governed by the laws of Bangladesh without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
You accept defend, indemnify, and hold safe Cut Out Image, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including, without limitation, affordable legal, accounting, and other provider charges, affirming or resulting from
(i) any Content of most material You offer to the Site,
(ii) Your use of any Content, or
(iii) Your breach of the terms of these Terms. Cut Out Image will provide notice to You promptly of any such claim, match, or case.
Our Legal Terms shall be treated as though it were executed and performed in Bangladesh and shall be governed by and construed in accordance with the laws of Bangladesh without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Cut Out Image under our Legal Terms shall survive the termination of our Legal Terms.