Terms of Condition



This agreement, herein after the "agreement", is between you and UP PhotoArt Inc, (the company which operates www.upphotoart.com). In terms of using www.upphotoart.com, herein after service signifies your agreement with all the terms and conditions of the agreement. If you do not agree with the set forth terms and conditions of the agreement, do not go any further into the web site.



Confidentiality & NONDISCLOSURE


We hereto agree to keep the terms of this Agreement and the transactions contemplated hereby as confidential and shall not disclose such information and photo to any third party, other than professional advisors utilized to negotiate and consummate the transactions contemplated hereby, or as required by government bodies, regulatory agencies, or a court having jurisdiction over the disclosing party. The parties hereto agree that in the event there is a breach of the foregoing confidentiality provision, the damage to the parties hereto would be difficult to estimate and as a result, in the event of such a breach, the non-breaching party, in addition to any and all other remedies allowed by law, would be entitled to injunctive relief enjoining the actions of the breaching party.


We will never share your e-mail address or other identifiable information with any third party without your explicit consent. The following legal document will dictate how we will handle this information.


Our policy on the collection and use of personal information is outlined below.
We will only disclose your information without your authorization in the following situations:


Ø  To the authorities when necessary to comply with the law (i.e. answering subpoenas).

Ø  To enforce or to apply our Terms of Service and other agreements.

Ø  We are in negotiations with a third party for the sale or purchase of any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

Ø  To protect the rights, property, or safety of our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.


You are giving your consent to disclose your personal info (photos, albums, etc.) in the following situations that you upload a web retouching service or photo or using other options at UP PhotoArt website.


We do not disclose your photos, which you have uploaded for editing and manipulation to any of the UP PhotoArt services and which you see in the service of page. These photos are stored at UP PhotoArt temporarily and are visible only to you from the same IP address and from the same browser. These photos will be deleted from our server in 76 hours.



We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report information to our branded partners.


We may store some information on your computer when you visit the website. This information facilitates your use of the website, and ensures that you do not need to re-enter your details on each visit. The information stored in a cookie provides features that recognize your account as logged on and other site features. We do not have any control over cookies which our advertisers or branded partners may use on the website.


The technology that we use and the policies that we have implemented are intended to safeguard your privacy from unauthorized access and improper use. We will continue to update these measures as new technology becomes available.


You can selectively receive our newsletter. This information will not be sent to you if you ask us not to include your name on our mailing lists. In many places where personal information is collected, we have a box that you can check indicating that you would like to receive or not if you don't wish to receive further information of the sort indicated. If you have previously consented to have UP PhotoArt send you its newsletter and no longer wish to be contacted, please follow the link at the bottom of each newsletter to unsubscribe.


We advise you to choose a password that is not easily guessed by others and a username that does not identify you personally. Please make sure that your password is 6 or more characters and is composed of both letters and numbers. In addition, it is recommended that you use a separate password for every website to which you are a member. This is a form of damage control, in case the security of one website is compromised, your other accounts are still protected. Should you forget your UP PhotoArt password, it will be emailed to you at your request.


You can delete any photos, albums or optional information in your account settings. Any required information (with the exception of your username), will be completely hidden from the public, or an option to hide it from the public will be made available.


We do not have any control over the privacy practices of any external websites linked from the main www.upphotoart.com domain (or any of the websites that are hosted on our server and aren't affiliated with UP PhotoArt). Therefore you should review their privacy policies separately from ours and know that we in no way have any control over their practices.


Third party advertisers may collect certain information that is available to them through your interaction with their advertisements. We have no control or knowledge as to their practices and it is suggested that you read their privacy policy separately before clicking on any advertisements.


Childrens Online Privacy Protection Act Compliance & Adult Contents Regulation.


We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.


In addition, we do not allow any criminal or pornography or sexual contents/purpose image. We follow the law in both Canada and U.S  


Payments by PayPal


All payments are made on paypal's servers and subject to paypal's privacy policy. UP PhotoArt has no access whatsoever to your credit card information.


Online Privacy Policy Only


This online privacy policy applies only to information collected through our website and not to information collected offline.


Refund Policy:


If a customer requests a refund, the money for the requested transaction is refunded back to the customer without service providing. If the refund is for services which took place more 2 days ago, the refund may require issuance of a check, and may take up to 10 business days to process.  No refunds may be issued for services provided beyond a period of 2 days in the past.


Photo retouching period


Your photo retouching services will be available and completed within two business days. However, if you utilized coupon or discount events, you will allow us to provide our services within three business days.  



Your Consent


By using our site, you consent to our privacy policy.


Changes to our Privacy Policy


If we decide to change our privacy policy, we will post those changes on this page.


Contacting Us


If there are any questions regarding this privacy policy you may contact us using the information below.