Empower Me Photo

Terms of Service

Your Acceptance
By submitting an order for photo revision, you hereby agree to the Terms of Service as described herein. EmpowerMePhoto.com may, at its sole discretion, modify or revise these Terms of Service and policies at any time. Nothing in this agreement shall be deemed to confer any third party rights or benefits.

18 Years of Age And Over
You agree that you are 18 years of age or older.

No Photos of Minors
You agree that any person represented in a photo is 18 years of age or older.

Self Photos Only
You agree that any photos submitted are of the person placing the order. No photos should be submitted of people other than the person placing the order. Further, you agree that you have ownership and property rights over the photo(s). Further, that you are assigning full ownership and property rights of the photo(s) to EmpowerMePhoto.com.

Use of Revised Photos
You agree that Revised Photos are for inspirational purposes only and not to be used to mislead, misrepresent or otherwise express oneself as someone that they are not.

EmpowerMePhoto.com's Success Stories
If you checked the box allowing EmpowerMePhoto.com to use your ‘Before’ and ‘After’ shot in our Success Stories, you are granting permission for EmpowerMePhoto.com to feature your story on our website. If you wish to add an audio clip, please call our Customer Service Department at 888-402-1117 and record your audio comments within our Voicemail system. Customers can change their mind and be added or taken off of the Success Stories at anytime by simply sending us an email at CustomerService@empowermephoto.com.

Independent Agents
You recognize that EmpowerMePhoto.com utilizes Independent Agents from around the world as Authorized Editors and has little control over their actual use of your photo. While we have all of our Authorized Editors under contract not to store or use the photos in any manner other than the chartered purpose (photo revision for your benefit as a Customer), ultimately we have very little control of them honoring that agreement.

Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Grande Gringos, Inc (dba EmpowerMePhoto.com) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may submit your information to CustomerService@empowermephoto.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Privacy
Please click here to access our Privacy Policy. Should you ever have any questions, comment or feedback related to our Policies or Practices, please contact us at CustomerService@empowermephoto.com.

Payments
All payments are made at the time of order and charges are processed upon the order being shipped. Presently, the following are accepted methods of payments: MasterCard, Visa, American Express, Discover, and PayPal through Express Checkout or directly from the Customer’s own PayPal account.

Warranty
EmpowerMePhoto.com provides low cost inspirational products based upon Photo Revisions. We take great care in attempting to revise the photo consistent with your order details. Our Authorized Editors have been screened to be highly capable in the use of such software tools as Adobe Photoshop. While our aim is for every photo revision to be acceptable to the Customer, there will be instances where you are not happy with the outcome. In those rare situations, please contact our Customer Service Department at CustomerService@EmpowerMePhoto.com. We want to understand your concern so that we can help you become a satisfied customer. In some cases, that may include suggesting a new photo be taken that is more closely in line with our Suggestion for Best Photo, or perhaps a Custom Order.

EmpowerMePhoto.com does NOT offer refunds due to photos not meeting your expectations. We want you to be happy with your photo revision product and we will do our best to meet your expectations through the policy noted herein.

LIMITATION OF LIABILITY
IN NO EVENT SHALL EmpowerMePhoto.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EmpowerMePhoto.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EmpowerMePhoto.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

INDEMNITY
You agree to defend, indemnify and hold harmless EmpowerMePhoto.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the EmpowerMePhoto.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the EmpowerMePhoto.com Website.

General
You agree that: (i) the EmpowerMePhoto.com Website shall be deemed solely based in California; and (ii) the EmpowerMePhoto.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over EmpowerMePhoto.com, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and EmpowerMePhoto.com that arises in whole or in part from your use of the EmpowerMePhoto.com Website shall be decided exclusively by a court of competent jurisdiction located in Orange County, California.