PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Acceptance of Terms
You may not interfere with the security of or otherwise abuse the System or any system resources, Content, and/or Services or networks connected to or accessible through the System. You may only use the System for lawful purposes.
This System, including Content and Services, is directed to those individuals and entities located in the United States where MENDR is offering Services. It is not directed to any person or entity in any jurisdiction where (by reason of location, business decision, nationality, residence, citizenship or otherwise) MENDR is not offering Services or where the publication or availability of the System and its Content and Services are unavailable or otherwise contrary to local laws or regulations, including those laws or regulations (e.g., copyright) concerning photographic and media-editing services, product sales, and the like. If this exclusion applies to you, you are not authorized to access or use any of the information on this System. MENDR makes no representation that the information, opinions, advice or other Content or Services, whether or not through the System, is appropriate or that the System, Content, or Services are available outside of the United States or outside of MENDR’s specific operating locations. Those who choose to access this System, Content, or Services from other locations do so at their own risk and are responsible for compliance with applicable laws.
Use of Services
The Contents and Services of the System, and the System as a whole, are intended to primarily facilitate photographic and media-editing services, product sales, and the like, which may include users signing-in to the System, entering their credit card or payment information, selecting photographic-editing services, paying for such services and any related products, and the like, as set forth and defined by MENDR and subject to change by MENDR at any time, in MENDR’s sole discretion. The Content and Services of the System may further include application to and selection by MENDR of independent contractors for providing photographic and other media-editing services and other services offered by MENDR (“Editors”), confirmation of user (including Editor) account information supplied to MENDR, payment services (either through MENDR or a third-party servicer), recordation of services performed or products sold through the System, scheduling of Editors for work to be performed on behalf of MENDR, and the like, as set forth and defined by MENDR and subject to change by MENDR at any time, in MENDR’s sole discretion. MENDR provides the System for the aforementioned purposes and use outside of this scope is not approved and is strictly prohibited without the express written permission of MENDR. Users may use some or all of the features of the Services and Content. MENDR RESERVES THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES AND CONTENT, AT ANY TIME, IN ITS SOLE DISCRETION.
Services and Content provided by MENDR shall be provided and/or performed with reasonable skill, care, and diligence, however, MENDR is not responsible for, and you agree not to hold MENDR liable for, the actions and work provided by the Editors or other service providers that you select from MENDR’s System, as such individuals are independent contractors. MENDR will use reasonable endeavors to provide Content and/or Services within the reasonable timeframe provided by MENDR for each action requested by you; however, it is agreed by you that time is not of the essence. Any timeframe provided by MENDR is only an estimate, and accordingly, MENDR does not accept any responsibility or liability, financial or otherwise, in the event that MENDR is unable for any reason to meet the estimated timeframe. MENDR shall not be responsible for any failure to provide Content or perform Services, including where such failure was caused by an act of God, act of governmental or any other lawful authority, war, riot, civil commotion, natural disaster, loss of power, or loss of communication channels.
MENDR may provide Content and/or the Services itself, or MENDR may, in its sole discretion, instruct third parties, including Editors, to carry out, in whole or in part, any Services or provide any Content. MENDR does not provide any warranties for Services or Content provided by third parties and shall not be liable for the Services or Content provided by third parties.
In addition to the Content and Services offered by MENDR, the System may also make available materials, information, products, and/or services provided by third parties, including related media services (collectively, the “Third-Party Services”). The Third-Party Services are governed by separate agreements that accompany such services. MENDR does not monitor or endorse the third parties or the Third-Party Services. MENDR offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services. You agree that MENDR is not responsible for the accuracy or truth of any information you provide to MENDR or any third party, including information about the media creation, editing, or other services you seek, and shall not hold MENDR liable for any direct or indirect damages or any other liabilities arising therefrom. YOU AGREE THAT, WITH RESPECT TO INFORMATION, INCLUDING THIRD-PARTY INFORMATION, YOU PROVIDE OR CAUSE TO BE PROVIDED TO MENDR OR THE THIRD-PARTY SERVICES, YOU WILL NOT HOLD MENDR RESPONSIBLE OR LIABLE FOR ANY CLAIMS OR DAMAGES, DIRECT OR INDIRECT, OR SEEK TO DO SO.
Your Responsibilities as the Recipient of Services
As the recipient of Services, you agree (i) to provide clear and concise instructions concerning editing or other graphic enhancements of photographic or other media images you submit for Services, (ii) that once your instructions for Services are submitted, cancellation or changes to the instructions may not be available, and if available may be subject to partial or full-priced fees, at MENDR’s discretion, (iii) not to provide MENDR with multiple copies of substantially the same photograph or other graphic or media image for performance of Services only to reject acceptance of the majority of such images after performance of the Services upon such images, and MENDR may monitor your usage history, and in such circumstances, invoice you full price for some or all the images (regardless of rejection) or terminate your use of this System, including Content and Services, (iv) to refrain from using offensive or inappropriate language or comments, subject to MENDR’s determination, in your communications with MENDR and its Editors, and (v) that you will not seek to engage or otherwise hire a MENDR Editor for future Services, unless you schedule and purchase such Services through MENDR.
Registration and Payment for Services
YOU AGREE THAT YOUR USE OF THE SYSTEM, AND ANY SERVICES OR CONTENT PROVIDED BY OR THROUGH THE SYSTEM, IS LIMITED TO YOU ALONE, AND YOU AGREE TO ACCEPT FULL RESPONSIBILITY AND INDEMNIFY, DEFEND, AND HOLD HARMLESS MENDR FOR ANY LIABILITY OR USE ASSOCIATED WITH ANY THIRD PARTY’S USE OF THE SYSTEM, SERVICES, AND/OR CONTENT UNDER YOU OR ON YOUR BEHALF. YOU AGREE THAT USE OF THE SYSTEM, SERVICES, AND CONTENT IS LIMITED TO REGISTERED USERS ONLY, AND THAT YOUR LIMITED LICENSE GRANTED BY MENDR TO USE THE SYSTEM IS A NON-TRANSFERABLE LIMITED LICENSE TO USE THE SYSTEM.
The fees to use the System and its Services (“Fees”) are set by MENDR, from time to time, in its sole discretion, and are subject to change without notice. Unless otherwise stated, the Fees do not include taxes or duties of any kind, and all taxes and duties are the responsibility of the user.
You agree to pay to MENDR all Fees, as set forth on the Site and/or App, at the time specified on the Site and/or App, or if there is no such time specified, all payments for Fees must be paid at or prior to completion of the Services, and in any event prior to when the photographic, digital image, or other media file is released from the Editor back to you. If Fees are not paid, Content may not be provided and Services may not be performed. All payments shall be made in full and without any deduction, whether by set-off, counterclaim, discount, abatement, or otherwise, unless you have MENDR’s prior written approval or a valid order from a court having proper jurisdiction.
MENDR’s Agreed Resolution Process Regarding Customer Payment for Services
All users of the System, including Editors, acknowledge and agree that disputes regarding performance of Services and payment for those Services, (e.g., Services provided by an Editor and rejected by a user or refusal of payment by a user for Services provided) shall be submitted by the user or Editor to MENDR at firstname.lastname@example.org, with such submission including information reasonably sufficient to capture the details of the dispute (including login information and unique photo edit number). MENDR shall issue a decision or resolution on payment of Services, at MENDR’s sole discretion, within the timeframe provided by MENDR. You agree that MENDR’s decision shall be final and non-appealable through MENDR, and that this resolution system is your sole recourse for such disputes. You agree that MENDR may directly charge or refund your account/payment means upon resolution of the dispute by MENDR.
Maintenance and Support
Should you require maintenance and support for your use of the System, please contact MENDR at email@example.com. Should you have any questions, comments, or claims about the System, please contact MENDR at MENDR, C/O Customer Service, 1351 N Buckner BLVD, P.O. Box 181446, Dallas, TX 75218. Email: firstname.lastname@example.org.
The Marks displayed on or in connection with the System are the property of MENDR or other third parties. You are not permitted to use the Marks without the prior written consent of MENDR or such third party that may own the Marks.
You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, reverse engineer, improve, import, export, offer for sale, or sell the System, or any Content or Services of the System, without first obtaining written permission from MENDR, and you agree to assign and do hereby assign to MENDR all rights, title, and interests in any work product or other interests resulting from such actions, including intellectual property developed or derived by or from improvements or derivations of the System attributable to you, excluding any assignment of photographic, video, or other graphic-media submissions made by you for performance of Services by MENDR through the System.
Communications and Submissions
Digital Millennium Copyright Act
MENDR respects the intellectual property of others and will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:
For purposes of providing written notice under the DMCA, MENDR has designated an agent with the United States Copyright Office (“Copyright Agent”). All written notification, pursuant to the DMCA, must be submitted to said designated Copyright Agent at the following address:
C/O Mendr DMCA Manager
1351 N Buckner BLVD P.O. Box 181446
Dallas, TX 75218
If you are a copyright owner or agent thereof and believe that third-party-submitted content, including photographs and digital images, (“Third-Party Content”) available through this Site infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to our Copyright Agent, identified above. To be effective, the written notification must include:
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 (Please note that MENDR’s policy is to delete all user-submitted images and works within 72 hours of completed Services);
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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your Third-Party Content, which was removed (or to which access was disabled), is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or authority under the law, to publish or use the Third-Party Content in your submission, you may submit a written counter-notice, pursuant to the DMCA, to our Copyright Agent, identified above. To be effective, the written counter-notice must include:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Dallas County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
If a counter-notice is received by MENDR’S Copyright Agent, MENDR may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that MENDR may replace the removed Third-Party Content or cease disabling it in ten (10) business days. Unless the copyright owner (or agent thereof) files an action seeking a court order against the provider of the Third-Party Content, the removed Third-Party Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at MENDR’s sole discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider (such as or including MENDR) who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Content infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.
Internet and Viruses
While using the internet and the System, you may encounter various costs, expenses, or technical difficulties which could impact you and your computer equipment. You may also inadvertently receive computer viruses or other malicious files while using the System. MENDR shall not be responsible for such difficulties, viruses or other malicious files encountered during your use of the System or the internet. For these reasons, MENDR recommends that you take every possible precaution to avoid the reception of such difficulties, viruses or other malicious files, including, but not limited to anti-virus software and equipment.
You further agree, represent, and warrant that any actions by you or data or information supplied to MENDR by you shall not be such as will cause MENDR to infringe any intellectual property rights, including patent and copyright, of any third party and shall indemnify, defend, and hold harmless MENDR and its subsidiaries, customers, contractors, vendors, affiliates, successors, and assigns and their respective directors, officers, employees, shareholders, representatives, agents, and customers from and against any claims, damages (consequential or otherwise), liabilities, causes of action, and losses of any kind whatsoever, including reasonable attorneys’ fees incurred by MENDR.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND MENDR OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S CONTENT OR SERVICES ON THIS SITE, THE SYSTEM, AND ALL MATERIALS, CONTENT, AND SERVICES ACCESSIBLE THROUGH THE SYSTEM, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MENDR MAKES NO WARRANTY THAT: (i) THE SYSTEM, SERVICES, AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SYSTEM, SERVICES, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM, SERVICES, OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENTS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE OR APP, OR ANY DEFECTS IN THE SITE OR APP, ITS SERVICES, CONTENT, OR THE SYSTEM AS A WHOLE, WILL BE CORRECTED.
THE SYSTEM, SERVICES, AND CONTENT COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. MENDR MAY MAKE CHANGES TO THE CONTENTS AND SERVICES OF THE SYSTEM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES OF THE SYSTEM MAY BE OUT OF DATE, AND MENDR MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT: (i) MENDR DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES SUBMITTED OR OFFERED BY THIRD-PARTY ADVERTISING ACCESSIBLE THROUGH LINKS, INCLUDING ADVERTISING BANNERS, ON THE SITE OR APP; (ii) MENDR MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD-PARTY ADVERTISERS, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD-PARTY ADVERTISERS ARE AT YOUR OWN RISK; AND (iv) MENDR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY SUCH THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT OR COMMUNICATIONS THROUGH ANY PORTION OF THE SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. MENDR ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR APP OR IN CONNECTION WITH ANY SERVICES, CONTENT, COMMUNICATIONS, OR EMAIL AS WELL AS CONTENT OFFERED THROUGH THE SYSTEM.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MENDR OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, EDITORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SYSTEM OR ANY SERVICES RELATED TO THE SYSTEM.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MENDR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT ANY MOBILE APPLICATION MARKETPLACES, INCLUDING GOOGLE PLAY OR THE APPLE ISTORE, HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP OR SYSTEM AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THE APP OR SYSTEM OR ANY DAMAGES, DIRECT OR INDIRECT, ARISING THEREFROM.
Any failure, forbearance, or delay on the part of MENDR to exercise any remedy or right herein shall not operate as a waiver. The failure of MENDR to require your performance of any of the terms, covenants, or provisions herein shall not constitute a waiver of any of the rights herein.
Enforcement of Terms and Conditions
Last modified: November 30, 2018