TERMS AND CONDITIONS – The Editing Eyes

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THIS IS A LEGAL AGREEMENT THE EDITING EYES, ("Us" or "We" or “Our” or “TheEditingEyes") PROVIDES THE WWW.THEEDITINGEYES.COM SITE (COLLECTIVELY, THE “SITE”) AND VARIOUS RELATED SERVICES (COLLECTIVELY, THE “SERVICES”) BETWEEN YOU, THE INDIVIDUAL, THE VISITOR, AND/OR THE ENTITY IDENTIFIED AS “ACCOUNT OWNER" (AS DEFINED BELOW) AND THEEDITINGEYES. ALL OF THE PERSONAS AFOREMENTIONED ARE SUBJECT TO COMPLIANCE WITH ALL THE TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN (THE “TERMS OF SERVICE”), AS WELL AS ANY OTHER WRITTEN AGREEMENT BETWEEN US AND YOU. BY USING ANY PART AND/OR SECTION OF OUR SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS OF SERVICE STATED IN THIS AGREEMENT, WHICH INCLUDES ANY CHANGES OR AMENDMENTS MADE TO THESE TERMS. IF YOU DO NOT AGREE OR DO NOT WANT TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE. OTHERWISE, YOUR AGREEMENT WITH THESE POSTED TERMS BECOMES EFFECTIVE THE MOMENT YOU BEGIN USING THE SITE.

I. YOUR PRIVACY

The content and information we obtain through your use of our site are subject to our Privacy Policy [https://theeditingeyes.com/privacy-policy] which is specifically incorporated by reference into these Terms of Service.

II. INTRODUCTION

TheEditingEyes is a cloud service subscription business designed to enable success for Professional Wedding Photographer Account Owners TheEditingEyes achieves this goal by providing best in class post-production of professional photographs.

III. AGREEMENT TO TERMS

By using this site, User agrees to abide by all the Terms and Conditions as set forth below. In addition to the General Terms and Conditions, Account Owners agree to abide by the Account Owner Terms and Conditions set forth below.

IV. DESCRIPTIONS AND TERMS

TheEditingEyes, theeditingeyes.com will from hereon be referred to as “TheEditingEyes.”, unless otherwise noted. All pages within this site and any content and/or media made available to view or download will from here on be referred to as the “Site."

1. The term “Site” refers to all pages, both public and secure, that host and display all services provided by TheEditingEyes.

2. The term “Account Owner" refers to our customers who subscribe to a TheEditingEyes Annual Plan service in order to receive services that include but are not limited to color correction, post-production or other products provided by TheEditingEyes. Any time our Terms of Service and/or Terms and Conditions will refer to and reference the “Account Owner”, it is understood that an Account Owner legally and fully representing and responsible for any person or entity of whom they grant access to their said account. “Account Owner” also refers to Customers who subscribe to TheEditingEyes under a custom contract arrangement in order to receive services that include but are not limited to color correction, post-production or other services provided by TheEditingEyes.

3. The term "Purchaser" refers to any Visitor of either TheEditingEyes or the Account Owner who intends to view and/or purchase services, or subscriptions via the TheEditingEyes site

4. The term “User” refers to any person and/or entity who enters and/or participates on or in our site and whom is not an Account Owner.

5. The term “Content” includes but is not limited to all forms of media, functionality, user interface design, marketing automation, images, photographs, registration information, data, metadata, file names, text, fonts, graphics, user experience design, logos, icons, messaging, images, and the organization and/or juxtaposition of information.

6. The term “Annual Plan” refers to a 12-month annual subscription contract and commitment.

7. The term “Premium Plan” refers to a type of Annual Plan whereas an Account Owner is able to send an unlimited amount of professional photography jobs over the course of one year, the subscription duration. Terms and conditions apply.

8. The term “Standard Plan” refers to one type of Annual Plan whereas an Account Owner is able to send and/or accrue two (2) “professionally photographed wedding event” credit (700 images per wedding) OR three (3) “professionally photographed portrait sessions” (200 images per session) credits per month, over the course of one year, the subscription duration. Terms and conditions apply.

9. The term “Standard Pro Plan” refers to one type of Annual Plan whereas an Account Owner is able to send and/or accrue three (3) “professionally photographed wedding event” credits (700 images per wedding) OR five (5) “professionally photographed portrait sessions” (200 images per session) credits per month, over the course of one year, the subscription duration. Terms and conditions apply.

10. The term “Trial” refers to a 30-day or 3 job submission grace period by which an Account Owner may cancel their Annual Plan Subscription without penalty. Refer to the Terms and Conditions (section VII.G) that define this policy.

11. The term “Active and in Good Standing” refers to any Account Owner in which all dues and/or fees and paid in full, not late, and/or not in collections.

V. GENERAL TERMS AND CONDITIONS

All TheEditingEyes services shall be subject to the discretion of TheEditingEyes and shall be subject to TheEditingEyes's Terms of Service. TheEditingEyes reserves the right to modify or add additional conditions to the Terms of Service at any time and without notice. If any of the provisions of these Terms and Conditions are found invalid, void, or unenforceable, that provision only shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions. THE CHOICE AND WILL TO USE THIS SITE (BOTH THE PUBLIC AND/OR SECURE SECTIONS), WHETHER CONTINUED USE OR INTERMITTENT OR FOR ANY DURATION OF TIME, INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE PUBLISHED HEREIN. THIS INCLUDES THE USE OF ANY OTHER SITE OWNED BY THEEDITINGEYES. These Terms of Service constitute the entire agreement between THEEDITINGEYES, Account Owners, and Users. Violation of the Terms of Service may prompt TheEditingEyes to take any action it deems necessary or appropriate to enforce its rights including but not limited to the institution of legal proceedings.

VI. GENERAL RESTRICTIONS OF USE

All pages within this site and any content made available for view, purchase, and/or download are the property of either TheEditingEyes, Account Owners, licensors, and/or suppliers. The site is protected by state, federal, and international copyright and trademark laws. No portion of the content on this site owned by TheEditingEyes may be reprinted, republished, modified, or distributed in any form without the express written permission of TheEditingEyes. You agree that you shall respect the intellectual property rights of TheEditingEyes and the intellectual property rights of our Account Owners, licensors, and/or suppliers. You also agree that you shall keep intact any proprietary notices, including copyright notices, contained on any view, print, and/or downloaded content and shall comply with any applicable end-user license agreements. You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. Any rights not expressly granted by the terms and conditions of these Terms of Service or any applicable end-user license agreements are reserved by TheEditingEyes.

A. LIMITS AND RESTRICTIONS

Account Owner’s and User’s acknowledge that TheEditingEyes may change the Terms of Service and their Terms and Conditions from time to time without written notice to Account Owner’s and User's. Account Owners and Users agree that they will not contest the validity, enforceability or admissibility of such. The Terms of Service and their terms and conditions provided on the site and that hard copy printouts of any information provided on the web site are admissible, if introduced as evidence in tangible form in any judicial or administrative proceedings, to the same extent and under the same conditions as other business records originated and maintained in documentary form. If Account Owner’s and User’s abuse and/or violate any of our Terms of Service, access to the site may be disabled automatically.

B. PROHIBITED CONTENT AND BEHAVIOR

TheEditingEyes has the right and possesses sole discretion to remove or refuse any content that, in its judgment, does not comply with these Terms of Service. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. The use of our site by user(s) is subject to all applicable city, state, and federal laws and regulations, and all users are solely responsible for all their actions, voices, typed words, behaviors, navigations, movements, and/or communications when using our site. To further, you understand and acknowledge that we will comply fully with any law enforcement authorities and/or legal investigations as they relate to suspected criminal violations. As either an Account Owner and/or User, you agree that you shall not:

(1) impersonate any Account Owner and/or User; this includes but is not limited to employees, licensees, subcontractors, competitor, consultants, and/or representatives of TheEditingEyes.

(2) access any account without the permission of the Account Owner;

(3) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of TheEditingEyes, Account Owners, and/or Participants;

(4) spam other TheEditingEyes user(s) or burden them with unwanted communications; or

(5) post content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);

(6) modify, adapt, screen grab, copy, hack, and/or modify any other website so as to falsely imply or make it appear that the website is associated with TheEditingEyes;

(7) misuse, transfer, sell, copy, screen grab, or otherwise disclose private information provided to you by other Account Owners, Users, and/or Participants;

(8) victimize, harass, degrade, intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(9) communicate or transfer any content and/or software code designed to damage, harm, breach security, expose privacy, and/or degrade the integrity of TheEditingEyes, Account Owners, and/or its Users; this communication includes but not limited to code such as files, viruses, software programs, or worms;

(10) participate in any behavior that harms, damages, and/or limits the functions of any marketing efforts, software design, software design or algorithm, software database(s), data transfer, hardware, and/or telecommunication efforts;

(11) enable others to, copy (except as expressly permitted by these Terms of Service), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the TheEditingEyes Software or any services provided by the TheEditingEyes Software or any part thereof; You understand and agree that we may at any time, and at our sole discretion, terminate your account subscription, account, contract, and/or other affiliation with our site without prior notice to you for violating any of the above prohibitions.

VII. ACCOUNT OWNER TERMS AND CONDITIONS

Subject to the terms and conditions as set forth in these Terms of Service, TheEditingEyes may offer different levels of services depending on the Account Owner's annual plan and/or custom contract. It is each Account Owner's responsibility to be informed of these terms and conditions, as well as the various service opportunities, options, and tiers provided by TheEditingEyes. For detailed description and comparison of different levels of services available please refer to the TheEditingEyes pricing page https://theeditingeyes.com/pricing/.

A. ACCOUNT OWNER RESPONSIBILITIES

Each Account Owner is responsible for any and all activity that occurs under the photographer's username or account. Each Account Owner is responsible for obtaining permission and proper release documentation from any person whose image is published by the Account Owner on our site. While, in its sole discretion, TheEditingEyes has the right to refuse or remove any material or activities on its site. TheEditingEyes specifically reserves the right to delete any images where TheEditingEyes, in its sole judgment, lacks confidence in the documentation of a photography release. By using our site, each Account Owner agrees to not publicly share, post or redistribute any prices, services, and/or details of any third party service.

B. INTELLECTUAL PROPERTY AND COPYRIGHT PROTECTION

All Content, as defined in the ‘Descriptions and Terms’ section, is the property of either TheEditingEyes, an Account Owner, and/or our licensors/suppliers.

(1) INTELLECTUAL PROPERTY PROMISE

The Account Owner legally promises, represents and warrants to TheEditingEyes that the Account Owner is the legal owner and/or legally controls all of the rights to the Account Owner content including the content uploaded and/or provided by the Associates participating on behalf of the Account Owner; the Account Owner promises and warrants to possess all the legal rights necessary to grant TheEditingEyes such license.

(2) COPYRIGHT PROTECTION

If we receive a claim of copyright infringement, TheEditingEyes reserves the right to immediately remove the identified content from our site without liability to the Account Owner or any other party.

(3) ACCOUNT OWNER RIGHTS

Account Owners retain their full legal rights to any content they upload to our site, including, but not limited to, photographs, videos audio, digital content, metadata, and any/all business info entered into the site by the Account Owner and/or Associate.

(4) THEEDITINGEYES TERMS

When an Account Owner uploads, delivers, and/or transmits content to TheEditingEyes, the Account Owner agrees to give TheEditingEyes a royalty-free, perpetual license, including copyright, worldwide, and non-exclusive right to use, reproduce, alter the resolution of, transmit, publicly display, distribute, and make available the Account Owner content in ways that we believe are fitting and appropriate to achieve our goal of enabling the success of TheEditingEyes Account Owner’s; our non-exclusive right is only for the sole purpose of achieving this goal on behalf of the Account Owner.

C. UP-TO-DATE REGISTRATION DATA AND INFORMATION In order for Account Owners to access and use services on our site, the Account Owner will be required to complete our online registration forms which require specific data fields to be entered accurately and completely. By registering this required info, the Account Owner agrees that all information provided during the registration process is true and accurate. Also, the Account Owner promises to change and update the information should at any time its accuracy expire. This information includes but is not limited to credit card data, contact info such as telephone/email/ and/or mailing address, website address, Account Owner preferences, etc.

D. COPYRIGHT INFRINGEMENT DISCLAIMER

TheEditingEyes makes no representations or warranties as to the accuracy, correctness or reliability of the content posted on this site or sold by Account Owners. TheEditingEyes cannot ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark on this site. Although we reserve the right and have sole discretion to audit and review all content placed on our site by a User, we neither endorse nor assume any liability for the contents of any content uploaded or submitted to the site.

E. CANCELLATION - GENERAL TERMS Should a cancellation of any Annual Plan be requested outside of the FIRST MONTH TRIAL PERIOD (see section F. CANCELLATION - FIRST MONTH TRIAL PERIOD) and prior to the 1 year subscription fulfillment period, TheEditingEyes will grant cancellation according to the following terms only: cancellation prior to the completion of the 12 month Annual Plan subscription will be achieved by paying for the difference (if any) between the total amount spent towards your Annual Plan subscription and the total retail value of all images submitted for Custom Color Correction ($0.30/image), plus a $199.00 fee for early termination.

F. CANCELLATION - FIRST MONTH TRIAL PERIOD If the Annual Plan Account Owner has not had a previous subscription with TheEditingEyes, they have a 30 day or three events, whichever comes first, grace period by which they may choose to cancel and will be released of their contractual 1-year subscription commitment with no additional costs. There is still the normal cost for that first month of membership, but during the trial period Account Owner is not committed to the full 12 month annual plan during this time. The choice to cancel by the Account Owner must occur before 30 calendar days of their Account Owner registration date and before completion of more than three editing jobs on your behalf. You (the Account Owner) have the option to cancel your Annual Plan Subscription within the first 30 days should the following three conditions be met:

1. You submit a request for cancellation in writing by email to [email protected].

2. You have not had a previous subscription with TheEditingEyes.

3. We have not completed editing on more than 3 of your jobs.

4. You are within your FIRST MONTH TRIAL PERIOD, which is the first 30 days.

G. TERMINATION

Account Owner agrees that TheEditingEyes may terminate each Account Owner's subscription and/or access to and use of the Account Owner services, with or without cause, at any time and at the sole discretion of TheEditingEyes; If an Account Owner Subscription is terminated for any reason other than a violation of these Terms of Service, TheEditingEyes will refund the prorated difference between their most recent payment and the day of cancellation during the month of termination. Upon termination of an Account Owner Subscription, and if the Account Owner is terminated for any reason other than a violation of these Terms of Service, TheEditingEyes will provide up to 30 days for an Extra user to download, gather, and secure any/all content from our site. After these 30 days, TheEditingEyes has no obligation to provide Account Owner with a copy of any content whatsoever and TheEditingEyes may delete the Account Owner content permanently and forever. Upon termination or suspension, if the Account Owner has breached the terms of our service, the Account Owner’s right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information, data, and/or files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

H. BALANCE(s) OWED

TheEditingEyes will collect payment of an Account Owner in the event there is a negative balance associated with any of our service or services. TheEditingEyes shall have the right to either discontinue placement of orders via any of the TheEditingEyes Services until the negative balance is paid in full or terminate the account and/or apply the profits generated by an Account Owner’s gallery(s) until the negative balance is paid in full.

I. NON-PAYMENT AND/OR DELINQUENT PAYMENT Nothing in the Account Owner's Terms of Service shall limit TheEditingEyes’s right to pursue all remedies allowed by law to collect on delinquent accounts. If Account Owner is unable to make their payments, access to their account will be disabled until payment in full is received.

J. INDEMNIFICATION AND DISCLAIMERS

Our site, including any material or activities contained within it or any site-related service, is provided “as is”, with all faults, and “as available”, with no representations or warranties of any kind. Account Owner shall release, defend, indemnify and hold harmless TheEditingEyes (including its officers, directors, employees, affiliates, independent contractors, distributors, agents and successors) against any expense, loss, cost or liability (including, without limitation, interest, penalties, attorney fees and paralegal fees) arising from any and all claims, demands, damages or actions resulting from or related to

(1) use of TheEditingEyes by Account Owner, User, or Account Owner's customers. (including, without limitation, any claim regarding use of TheEditingEyes by Account Owner in an infringing manner or any claim by third parties for breach of warranty, negligence, loss of data, libel, slander, unfair competition, trademark infringement, or invasion of privacy);

(2) performance of TheEditingEyes;

(3) Corruption or damage to the TheEditingEyes and system;

(4) Customer's negligence or the acts (or any failure to act) of Customer hereunder;

(5) any breach by Customer of the obligations of Customer hereunder; and

(6) investigation or defense of any of the above or in asserting TheEditingEyes rights hereunder.

TO THE EXTENT PERMISSIBLE BY LAW, THEEDITINGEYES DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. THEEDITINGEYES DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THEEDITINGEYES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED SITES.

K. SECURITY AND PASSWORD

The security of an Account Owner's personal information is important to us. TheEditingEyes follows and adheres to the generally accepted industry standards to help protect and guard personal information and data. For instance, when an Account Owner enters sensitive information (such as a credit card number) on our registration or order forms, TheEditingEyes encrypts that information using secure socket layer (SSL) technology. That said, there is no such method of transmission over the Internet, or method of electronic storage, that is 100% immune or protected or secure. Account Owner’s are solely responsible for maintaining the confidentiality of their password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. While TheEditingEyes strives to protect Account Owner and/or User personal information, TheEditingEyes cannot guarantee its absolute security and/or protection. Therefore, you must take steps to ensure that others do not gain access to your password and account. In consideration of the above statements, the Account Owners hereby acknowledges and understands that all content uploaded to our site may become accessible to the public, and it may be used, downloaded, linked to, and archived by others, and may appear on other websites and in search engine results. We will take all reasonable effort to protect your account, privacy, and content according to our best practices and in line with your account preferences, however, we cannot guarantee the absolute security of your account and all the content you have provided. We cannot guarantee that our security measures will prevent any third party or hackers from illegally gaining access to your account and content, and we assume no responsibility for any illegal access of your account and content as a result. You accept all risks of any unauthorized access to all information you provide to TheEditingEyes, including but not limited to registration information, content, and account information.

L. THEEDITINGEYES ANNUAL PLANS TheEditingEyes, offers five different Annual Plan Subscriptions to choose from and each has a unique cost associated with its value.

(1.) STANDARD PLAN

This is a 12 month (annual) subscription commitment: $1,068 per year at 12 monthly payments of $89 per month.

I. DEFINATIONS

1. For STANDARD Plan, a "Job Submission/Event" is defined and accepted as: a "professionally photographed wedding event"** (**also includes Bah-Mitzvahs and/or Bat-Mitzvahs). This includes all traditional wedding events where two people are joined in a marriage acknowledged by a legal and governing entity. Any/all components of a wedding event are required within the submission of one single job (i.e. Getting Ready, Ceremony, Reception, Rehearsal Dinners, Bride/Groom Portraits - pictures of the Bride in her full wedding day attire - hair, makeup, jewelry, veil, bouquet, dress, Bride & Groom Formal Portraits, and any other itinerary item related to the event).

2. OR, a "professionally photographed portrait** session" (**portrait session is defined as any one of the following: Engagement, Bride/Groom, Boudoir, Family, High School Senior, Baby, Maternity).

a. Engagement Portrait Sessions must be of the future Bride and Groom only. Engagement parties or after wedding sessions are not permitted.

b. Bride/Groom Portrait Sessions must be pictures of the Bride or Groom in their full wedding day attire i.e. hair, makeup, jewelry, veil, bouquet, dress, tuxedo, wedding event attire, and any other itinerary item related to the wedding event.

c. Boudoir sessions are defined as men or women partially clothed or in lingerie in candid or posed images. Headshots and/or Glamor Shots are not permitted.

d. Family Portrait Sessions must include a legal guardian and their children. Children & legal guardian(s) must be present and be present in frame together in 51% or more of the entire session. 5. Maternity Portraits must be of, relating to, or for the period in which a woman is pregnant.

e Baby Portraits - we define a baby as any child younger than 6 months of age; children over 6 months, baby showers and/or birthing sessions are not permitted.

f. High School Senior portrait sessions must feature the High School Senior only.

II. ADDITIONAL TERMS

1. Any jobs, sessions, and/or events not listed in sections I.a or I.b may still be purchased as a TheEditingEyes job for an additional $0.30 per image.

2. TheEditingEyes reserves the right to decipher and judge the validity of the job type criteria; our professional judgments will be made only by mature and seasoned managers in order that we make accurate decisions as they relate to the permitted even criteria listed in these terms.

a. A few examples of photography job types/sessions/categories that are not covered and/or permitted by the STANDARD Plan Subscription, and will require an additional cost, consist of but are not limited to: 1 year birthday parties or birthing sessions, sibling shoots, birthday parties, family reunions, couple shots, personal travel, any/all mobile device photos, any/all photos that were not for hire, friend shots, graduations ceremonies, prom sessions, sporting games, college students, and/or children only sessions are not permitted, etc.

3. The STANDARD Plan provides for the use and/or accrual of two (2) "professionally photographed wedding event" credit (700 images per wedding) OR three(3) "professionally photographed portrait sessions" (200 images per session) credits per month. You choose. If at least one of the STANDARD credits are not used in any given fiscal month, they will accrue and be added to the following month(s). Any accrued and/or unused weddings or portraits will not expire as long as the STANDARD Plan subscription is active.

4. Allowing the STANDARD Plan to expire will result in any accrued and/or unused wedding or portrait credits to be inaccessible until the STANDARD Plan is reactivated/renewed. Upon cancellation of any subscription, all available and/or unused STANDARD credits will expire. Account owners will not receive a full or partial refund of any monthly or annual fee already paid nor will they receive a refund for any unused credits.

5. All STANDARD Plan Account Owners may upgrade to the PREMIUM Plan without penalty of the subscription cancellation for the STANDARD Plan. Upgrading to the PREMIUM Plan does require the signing of a new yearly commitment.

6. Any additional credit (2) for "professionally photographed wedding event" (up to 700 images) OR three additional credits (3) for "professionally photographed portrait sessions" (200 images each) may be purchased for $119.

7. The STANDARD Plan, for "professionally photographed wedding events", provides for up to 700 color corrections per event, regardless of its duration in hours or days (ie. a 5 day event or wedding that is made up of different occasions and/or celebrations); any event with more than 700 images submitted will be billed at the Custom Pro Color rate of $0.25 per image. 8. The STANDARD Plan, for "professionally photographed portrait** sessions", provides for up to 200 color corrections per event, regardless of their duration in hours or days (ie. a 5 day event or wedding that is made up of different occasions and/or celebrations); any of these event types with more than 200 images submitted will be billed at the Custom Pro Color rate of $0.25 per image.

8. The STANDARD Plan cannot be applied to previous and/or current orders.

9. The images submitted with this plan must be photographed explicitly by the Account Owner of this plan

10. The STANDARD Plan subscription only permits the submission of events (as defined above, to TheEditingEyes, and those events may only be photographed by the photographer (the person) named on this STANDARD Plan.

11. For full jobs/events submitted that are not photographed by the account holder of this subscription (ie. photographed by associates, other photographers, other studios, or any person or people not named on the STANDARD Plan), TheEditingEyes will consider this abuse, will require full retail payment any such job submission, and this behavior is grounds for cancellation of the subscription. If the STANDARD Plan is canceled due to abuse, all cancellation requirements per these terms and conditions will take full effect.

12. For each job/event (defined in section A) submitted the photographer (the person) named on the STANDARD Plan must submit 65% or more of the entire image count.

13. This plan is for the account holder whom shall be a professional photographer and whom may only submit professional images that were for hire by contract. This subscription may not be used for non-professional, personal, and/or hobby related images including but not limited to: extended education, testing, travel, leisure, pictures of friends, family or friend events, family, pets, architecture, etc.

14. This is a legal and binding contract. By agreeing to these terms, you (the Account Owner) agree to pay the 12-month subscription commitment at $89 per month.

15. TheEditingEyes reserves the right to collect payment from the STANDARD Account Owner named on this plan to cover all debt collection services.

(2) THE PREMIUM PRO MEMBERSHIP

This is a 12-month (annual) subscription commitment: $3,588 per year at 12 monthly payments of $299 per month.

I. DEFINITIONS

For The UNLIMITED PRO MEMBERSHIP, a "Job Submission/Event" is defined and accepted as a "professionally photographed event" in any of the 9 following types: Wedding, Engagement, Bride/Groom, Boudoir, Family, Maternity, Baby, High School Senior, Bah-Mitzvah, and/or Bat-Mitzvah.

1. Wedding event coverage: This includes all traditional wedding events where two people are joined in a marriage acknowledged by a legal and governing entity. Any/all components of a wedding event are required within the submission of one single job (ie. Getting Ready, Ceremony, Reception, Rehearsal Dinners, Bride/Groom Portraits - pictures of the Bride in her full wedding day attire - hair, makeup, jewelry, veil, bouquet, dress, Bride & Groom Formal Portraits, and any other itinerary item related to the event).

2. Engagement Portrait Sessions must be of the future Bride and Groom only. Engagement parties or after wedding sessions are not permitted.

3. Bride/Groom Portrait Sessions must be pictures of the Bride or Groom in their full wedding day attire - hair, makeup, jewelry, veil, bouquet, dress, tuxedo, wedding event attire, and any other itinerary item related to the wedding event.

4. Boudoir sessions are defined as men or women partially clothed or in lingerie in candid or posed images. Headshots and/or Glamor Shots are not permitted.

5. Family Portrait Sessions must include a legal guardian and their children. Children & legal guardian(s) must be present and be present in frame together in 51% or more of the entire session.

6. Maternity Portraits must be of, relating to, or for the period in which a woman is pregnant.

7. Baby Portraits - we define a baby as any child younger than 6 months of age; children over 6 months, baby showers and/or birthing sessions are not permitted.

8. High School Senior portrait sessions must feature the High School Senior only.

II. ADDITIONAL TERMS

1. The Premium pro plan memberships are ONLY available to studios with a single lead photographer. If you have any additional lead photographers for any reason, this membership is not availabe and will result in additional charges.

2. Any jobs, sessions, and/or events not listed in sections I.a may still be purchased as a TheEditingEyes job for an additional $0.10 an image for Culling, and $0.25 per image for Color & Style.

3. TheEditingEyes reserves the right to decipher and judge the validity of the job type criteria; our professional judgments will be made only by mature and seasoned managers in order that we make accurate decisions as they relate to the permitted even criteria listed in these terms.

a. A few examples of photography job types/sessions/categories that are not covered and/or permitted by the PREMIUM PRO Plan Subscription, and will require an additional cost, consist of but are not limited to: 1 year birthday parties or birthing sessions, sibling shoots, birthday parties, family reunions, couple shots, personal travel, any/all mobile device photos, any/all photos that were not for hire, friend shots, graduations ceremonies, prom sessions, sporting games, college students, and/or children only sessions are not permitted, etc.

4. The PREMIUM PRO MEMBERSHIP provides for up to 4000 images for Flex Culling per event, regardless of its duration in hours or days (ie. a 5 day event or wedding that is made up of different occasions and/or celebrations); any event with more than 4000 images submitted will be billed at the regular Flex Culling rate $0.10 per image.

5. The PREMIUM PRO MEMBERSHIP includes up to 700 images corrected for Color and Style per event. Additional images corrected over this amount can be billed at the retail rate. 6. The PREMIUM PRO MEMBERSHIP turnaround time is on average 24 hours to 48 hours.

6. The PREMIUM PRO MEMBERSHIP will provide info, help, and tech support via Online Chat and email.

7. The PREMIUM PRO MEMBERSHIP cannot be applied to previous and/or current orders.

8. The PREMIUM PRO MEMBERSHIP requires a Lead Photographer to be named as the owner of the subscription plan. Couple names and/or Studio Names are not permitted as the owner of the plan.

9. With the exception of "Extra", the PREMIUM PRO MEMBERSHIP cannot be combined or be in conjunction with any other special offers, promotions, or discounts except for it is specifically created for the PREMIUM PRO MEMBERSHIP.

10. The PREMIUM PRO MEMBERSHIP requires one single Lead Photographer (first and last name) to be named as the owner of the subscription plan. Spouses, significant others, partners, relatives, business associates, legal business partners, studio partners, and/or studio names are not permitted as additional owners of your PREMIUM PRO subscription plan.

11. The images submitted with this plan must be photographed explicitly by the Account Owner (subscriber) of this plan. 13. The PREMIUM PRO MEMBERSHIP subscription only permits the submission of events (as defined above), to TheEditingEyes, and those events may only be photographed by the photographer (the person) named on this PREMIUM PRO MEMBERSHIP.

12. Submitting events photographed by associates, other photographers, other studios, or anyone not named on the PREMIUM PRO MEMBERSHIP is considered abuse and is grounds for cancellation.

13. For jobs/events submitted that are not photographed by the account holder of this subscription (ie. photographed by associates, other photographers, other studios, or any person or people not named on the PREMIUM PRO MEMBERSHIP), TheEditingEyes will consider this abuse, will require full retail payment any such job submission, and this behavior is grounds for cancellation of the subscription. If the PREMIUM PRO MEMBERSHIP is canceled due to abuse, all cancellation requirements per these terms and conditions will take full effect.

14. For each job/event (defined in section I.a.) submitted the photographer (Account Owner/Subscriber) named on the PREMIUM PRO MEMBERSHIP must submit 65% or more of the entire image count.

15. This plan is for the account holder whom shall be a professional photographer and whom may only submit professional images that were for hire by contract. This subscription may not be used for non-professional, personal, and/or hobby related images including but not limited to: extended education, testing, travel, leisure, pictures of friends, family or friend events, family, pets, architecture, etc.

16. This plan is for professional images only and may not be used for personal or hobby images including but not limited to: pictures of friends, family or friend events, family, pets, architecture, etc.

17. The PREMIUM PRO MEMBERSHIP includes a maximum of 50,000 images for Color and Style correction per year. Additional images will be billed at the retail rate.

18. The PREMIUM PRO MEMBERSHIP allows for you to submit Events that were photographed up to 30 days previous to the signup date. You are not allowed to submit Events that were photographed more than 30 days prior to your PREMIUM PRO MEMBERSHIP signup.

19. This is a legal and binding contract. By agreeing to these terms, you (the Account Owner) agree to pay the 12-month subscription commitment at $299 per month.

(3) THE PREMIUM PLAN

I. DEFINITIONS

For The PREMIUM Plan, a "Job Submission/Event" is defined and accepted as a "professionally photographed event" in any of the 9 following types: Wedding, Engagement, Bride/Groom, Boudoir, Family, Maternity, Baby, High School Senior, Bah-Mitzvah, and/or Bat-Mitzvah.

2. Engagement Portrait Sessions must be of the future Bride and Groom only. Engagement parties or after wedding sessions are not permitted.

4. Boudoir sessions are defined as men or women partially clothed or in lingerie in candid or posed images. Headshots and/or Glamor Shots are not permitted.

5. Family Portrait Sessions must include a legal guardian and their children. Children & legal guardian(s) must be present and be present in frame together in 51% or more of the entire session.

6. Maternity Portraits must be of, relating to, or for the period in which a woman is pregnant.

7. Baby Portraits - we define a baby as any child younger than 6 months of age; children over 6 months, baby showers and/or birthing sessions are not permitted.

8. High School Senior portrait sessions must feature the High School Senior only.

II. ADDITIONAL TERMS

1. The Premium plan memberships are ONLY available to studios with a single lead photographer. If you have any additional lead photographers for any reason, this membership is not availabe and will result in additional charges.

2. Any jobs, sessions, and/or events not listed in sections I.a. may still be purchased as a TheEditingEyes job for an additional $0.25 per image.

a. A few examples of photography job types/sessions/categories that are not covered and/or permitted by the PREMIUM Plan Subscription, and will require an additional cost, consist of but are not limited to: 1 year birthday parties or birthing sessions, sibling shoots, birthday parties, family reunions, couple shots, personal travel, any/all mobile device photos, any/all photos that were not for hire, friend shots, graduations ceremonies, prom sessions, sporting games, college students, and/or children only sessions are not permitted, etc.

4. The PREMIUM Plan provides for up to 700 color corrections per event, regardless of its duration in hours or days (ie. a 5 day event or wedding that is made up of different occasions and/or celebrations); any event with more than 700 images submitted will be billed at the regular Custom Pro Color rate of $0.25 per image.

5. The PREMIUM Plan turnaround time is on average 24-48 business hours.

6. The PREMIUM Plan will provide info, help, and tech support via phone and email.

7. The PREMIUM Plan cannot be applied to previous and/or current orders.

8. The PREMIUM Plan requires a Lead Photographer to be named as the owner of the subscription plan. Couple names and/or Studio Names are not permitted as the owner of the plan. 9. With the exception of "Extra", the PREMIUM Plan cannot be combined or be in conjunction with any other special offers, promotions, or discounts except for it is specifically created for the PREMIUM Plan.

10. The PREMIUM Plan requires one single Lead Photographer (first and last name) to be named as the owner of the subscription plan. Spouses, significant others, partners, relatives, business associates, legal business partners, studio partners, and/or studio names are not permitted as additional owners of your PREMIUM subscription plan.

11. The images submitted with this plan must be photographed explicitly by the Account Owner (subscriber) of this plan.

12. The PREMIUM Plan subscription only permits the submission of events (as defined above), to TheEditingEyes, and those events may only be photographed by the photographer (the person) named on this PREMIUM Plan.

13. Submitting full events photographed by associates, other photographers, other studios, or anyone not named on the PREMIUM Plan is considered abuse and is grounds for cancellation.

14. For jobs/events submitted that are not photographed by the account holder of this subscription (ie. photographed by associates, other photographers, other studios, or any person or people not named on the PREMIUM Plan), TheEditingEyes will consider this abuse, will require full retail payment any such job submission, and this behavior is grounds for cancellation of the subscription. If the PREMIUM Plan is canceled due to abuse, all cancellation requirements per these terms and conditions will take full effect.

15. For each job/event (defined in section A) submitted the photographer (Account Owner/Subscriber) named on the PREMIUM Plan must submit 65% or more of the entire image count.

16. This plan is for the account holder whom shall be a professional photographer and whom may only submit professional images that were for hire by contract. This subscription may not be used for non-professional, personal, and/or hobby related images including but not limited to: extended education, testing, travel, leisure, pictures of friends, family or friend events, family, pets, architecture, etc.

17. This plan is for professional images only and may not be used for personal or hobby images including but not limited to: pictures of friends, family or friend events, family, pets, architecture, etc.

18. The PREMIUM Plan includes a maximum of 50,000 images for Color and Style correction per year. Additional images will be billed at the retail rate.

19. The PREMIUM Plan allows for you to submit Events that were photographed up to 30 days previous to the signup date. You are not allowed to submit Events that were photographed more than 30 days prior to your PREMIUM Plan signup.

20. This is a legal and binding contract. By agreeing to these terms, you (the Account Owner) agree to pay the 12-month subscription commitment at $199 per month.

(4) THE PREMIUM PLUS PLAN

This is a 12-month (annual) subscription commitment: $5187 per year at 12 monthly payments of $399 per month.

I. DEFINITIONS

For The PREMIUM PLUS Plan, a "Job Submission/Event" is defined and accepted as a "professionally photographed event" in any of the 9 following types: Wedding, Engagement, Bride/Groom, Boudoir, Family, Maternity, Baby, High School Senior, Bah-Mitzvah, and/or Bat-Mitzvah.

2. Engagement Portrait Sessions must be of the future Bride and Groom only. Engagement parties or after wedding sessions are not permitted.

4. Boudoir sessions are defined as men or women partially clothed or in lingerie in candid or posed images. Headshots and/or Glamor Shots are not permitted.

5. Family Portrait Sessions must include a legal guardian and their children. Children & legal guardian(s) must be present and be present in frame together in 51% or more of the entire session.

6. Maternity Portraits must be of, relating to, or for the period in which a woman is pregnant.

7. Baby Portraits - we define a baby as any child younger than 6 months of age; children over 6 months, baby showers and/or birthing sessions are not permitted.

8. High School Senior portrait sessions must feature the High School Senior only.

II. ADDITIONAL TERMS

2. Any jobs, sessions, and/or events not listed in sections I.a may still be purchased as a TheEditingEyes job for an additional $0.25 per image.

a. A few examples of photography job types/sessions/categories that are not covered and/or permitted by the PREMIUM PLUS Plan Subscription, and will require an additional cost, consist of but are not limited to: 1 year birthday parties or birthing sessions, sibling shoots, birthday parties, family reunions, couple shots, personal travel, any/all mobile device photos, any/all photos that were not for hire, friend shots, graduations ceremonies, prom sessions, sporting games, college students, and/or children only sessions are not permitted, etc.

4. The PREMIUM PLUS Plan provides for up to 4000 Culling and 1000 color corrections per event, regardless of its duration in hours or days (ie. a 5 day event or wedding that is made up of different occasions and/or celebrations); any event with more than 4000 culling and 1000 color corrected images submitted will be billed at the regular Custom Pro Color rate of $0.25 per image.

5. The PREMIUM PLUS Plan turnaround time is on average 24 to 48 business hours.

6. The PREMIUM PLUS Plan will provide info, help, and tech support via phone and email.

7. The PREMIUM PLUS Plan cannot be applied to previous and/or current orders.

8. The PREMIUM PLUS Plan requires a Lead Photographer to be named as the owner of the subscription plan. Couple names and/or Studio Names are not permitted as the owner of the plan.

9. With the exception of "Extra", the PREMIUM PLUS Plan cannot be combined or be in conjunction with any other special offers, promotions, or discounts except for it is specifically created for the PREMIUM PLUS Plan.

10. The PREMIUM PLUS Plan requires one single Lead Photographer (first and last name) to be named as the owner of the subscription plan. Spouses, significant others, partners, relatives, business associates, legal business partners, studio partners, and/or studio names are not permitted as additional owners of your PREMIUM PLUS subscription plan.

11. The images submitted with this plan must be photographed explicitly by the Account Owner (subscriber) of this plan.

12. The PREMIUM PLUS Plan subscription only permits the submission of events (as defined above), to TheEditingEyes, and those events may only be photographed by the photographer (the person) named on this PREMIUM PLUS Plan.

13. Submitting events photographed by associates, other photographers, other studios, or anyone not named on the PREMIUM PLUS Plan is considered abuse and is grounds for cancellation.

14. For jobs/events submitted that are not photographed by the account holder of this subscription (ie. photographed by associates, other photographers, other studios, or any person or people not named on the PREMIUM PLUS Plan), TheEditingEyes will consider this abuse, will require full retail payment any such job submission, and this behavior is grounds for cancellation of the subscription. If the PREMIUM PLUS Plan is canceled due to abuse, all cancellation requirements per these terms and conditions will take full effect.

15. For each job/event (defined in section I.a.) submitted the photographer (Account Owner/Subscriber) named on the PREMIUM PLUS Plan must submit 65% or more of the entire image count.

18. The PREMIUM PLUS Plan allows for you to submit Events that were photographed up to 30 days previous to the signup date. You are not allowed to submit Events that were photographed more than 30 days prior to your PREMIUM PLUS Plan signup.

19. This is a legal and binding contract. By agreeing to these terms, you (the Account Owner) agree to pay the 12-month subscription commitment at $399 per month.

(5) THE LIBERTY PROJECT

This is a 12 month (annual) subscription commitment: $588 per year at 12 monthly payments of $49 per month, with the ability to purchase job credits based on the subscribers individual demand.

I. DEFINITIONS

1. For The LIBERTY PROJECT, a "Job Submission/Event" is defined and accepted as: a "professionally photographed wedding event"** (**also includes Bah-Mitzvahs and/or Bat-Mitzvahs). This includes all traditional wedding events where two people are joined in a marriage acknowledged by a legal and governing entity. Any/all components of a wedding event are required within the submission of one single job (i.e. Getting Ready, Ceremony, Reception, Rehearsal Dinners, Bride/Groom Portraits - pictures of the Bride in her full wedding day attire - hair, makeup, jewelry, veil, bouquet, dress, Bride & Groom Formal Portraits, and any other itinerary item related to the event).

2. OR, a "professionally photographed portrait** session" (**portrait session is defined as any one of the following: Engagement, Bride/Groom, Boudoir, Family, High School Senior, Baby, Maternity).

a. Engagement Portrait Sessions must be of the future Bride and Groom only. Engagement parties or after wedding sessions are not permitted.

c. Boudoir sessions are defined as men or women partially clothed or in lingerie in candid or posed images. Headshots and/or Glamor Shots are not permitted.

d. Family Portrait Sessions must include a legal guardian and their children. Children & legal guardian(s) must be present and be present in frame together in 51% or more of the entire session.

e. Maternity Portraits must be of, relating to, or for the period in which a woman is pregnant.

f. Baby Portraits - we define a baby as any child younger than 6 months of age; children over 6 months, baby showers and/or birthing sessions are not permitted.

g. High School Senior portrait sessions must feature the High School Senior only.

II. ADDITIONAL TERMS

1. Any jobs, sessions, and/or events not listed in sections I.a or I.b may still be purchased as a TheEditingEyes job for an additional $0.25 per image.

a. A few examples of photography job types/sessions/categories that are not covered and/or permitted by the LIBERTY PROJECT Subscription and will require an additional cost, consist of but are not limited to: 1 year birthday parties or birthing sessions, sibling shoots, birthday parties, family reunions, couple shots, personal travel, any/all mobile device photos, any/all photos that were not for hire, friend shots, graduations ceremonies, prom sessions, sporting games, college students, and/or children only sessions are not permitted, etc.

3. The LIBERTY PROJECT provides access to purchase wedding credits (700 images per wedding) at the subscriber's discretion.

4. One (1) Wedding credit can be split into two (2) portrait credits (200 images per portrait session).

5. Allowing the LIBERTY PROJECT to expire will result in any accrued and/or unused wedding or portrait credits to be inaccessible until the LIBERTY PROJECT is reactivated/renewed. 6. Upon cancellation of any subscription, all available and/or unused LIBERTY PROJECT credits will expire. Account owners will not receive a full or partial refund of any monthly or annual fee already paid nor will they receive a refund for any unused credits.

6. The LIBERTY PROJECT, for "professionally photographed wedding events", provides for up to 700 color corrections per event, regardless of its duration in hours or days (ie. a 5 day event or wedding that is made up of different occasions and/or celebrations); any event with more than 700 images submitted will be billed at the Custom Pro Color rate of $0.25 per image.

7. The LIBERTY PROJECT, for "professionally photographed portrait** sessions", provides for up to 200 color corrections per event, regardless of their duration in hours or days (ie. a 5 day event or wedding that is made up of different occasions and/or celebrations); any of these event types with more than 200 images submitted will be billed at the Custom Pro Color rate of $0.25 per image.

8. The LIBERTY PROJECT cannot be applied to previous and/or current orders.

9. This plan is for the account holder whom shall be a professional photographer and whom may only submit professional images that were for hire by contract. This subscription may not be used for non-professional, personal, and/or hobby related images including but not limited to: extended education, testing, travel, leisure, pictures of friends, family or friend events, family, pets, architecture, etc.

10. This is a legal and binding contract. By agreeing to these terms, you (the Account Owner) agree to pay the 12-month subscription commitment.

11. After the initial 12 month Subscription, the Liberty Project Membership continues month-to-month afterward for $49 per month until written and/or emailed cancellation request. 13. TheEditingEyes reserves the right to collect payment from the LIBERTY PROJECT Subscription Owner named on this plan to cover all debt collection services.

(6) THE BLOOSOM MEMBERSHIP

This is a 12 month (annual) subscription commitment: $588 per year at 12 monthly payments of $49 per month, with the ability to purchase job credits based on the subscribers individual demand.

I. DEFINITIONS

1. For The BLOOSOM Membership, a "Job Submission/Event" is defined and accepted as: a "professionally photographed wedding event"** (**also includes Bah-Mitzvahs and/or Bat-Mitzvahs). This includes all traditional wedding events where two people are joined in a marriage acknowledged by a legal and governing entity. Any/all components of a wedding event are required within the submission of one single job (i.e. Getting Ready, Ceremony, Reception, Rehearsal Dinners, Bride/Groom Portraits - pictures of the Bride in her full wedding day attire - hair, makeup, jewelry, veil, bouquet, dress, Bride & Groom Formal Portraits, and any other itinerary item related to the event).

2. OR, a "professionally photographed portrait** session" (**portrait session is defined as any one of the following: Engagement, Bride/Groom, Boudoir, Family, High School Senior, Baby, Maternity).

a. Engagement Portrait Sessions must be of the future Bride and Groom only. Engagement parties or after wedding sessions are not permitted.

c. Boudoir sessions are defined as men or women partially clothed or in lingerie in candid or posed images. Headshots and/or Glamor Shots are not permitted.

d. Family Portrait Sessions must include a legal guardian and their children. Children & legal guardian(s) must be present and be present in frame together in 51% or more of the entire session.

e. Maternity Portraits must be of, relating to, or for the period in which a woman is pregnant.

f. Baby Portraits - we define a baby as any child younger than 6 months of age; children over 6 months, baby showers and/or birthing sessions are not permitted.

g. High School Senior portrait sessions must feature the High School Senior only.

II. ADDITIONAL TERMS

1. Any jobs, sessions, and/or events not listed in sections I.a or I.b may still be purchased as a TheEditingEyes job for an additional $0.25 per image.

a. A few examples of photography job types/sessions/categories that are not covered and/or permitted by the BLOOSOM Membership Subscription and will require an additional cost, consist of but are not limited to: 1 year birthday parties or birthing sessions, sibling shoots, birthday parties, family reunions, couple shots, personal travel, any/all mobile device photos, any/all photos that were not for hire, friend shots, graduations ceremonies, prom sessions, sporting games, college students, and/or children only sessions are not permitted, etc.

3. The BLOOSOM Membership provides access to purchase wedding credits (4000 images per wedding for culling, color and style) at the subscriber's discretion.

4. One (1) Wedding credit can be split into two (2) portrait credits (1000 images per portrait session for culling).

5. Allowing the BLOOSOM Membership to expire will result in any accrued and/or unused wedding or portrait credits to be inaccessible until the BLOOSOM Membership is reactivated/renewed.

6. Upon cancellation of any subscription, all available and/or unused BLOOSOM Membership credits will expire. Account owners will not receive a full or partial refund of any monthly or annual fee already paid nor will they receive a refund for any unused credits.

7. The BLOOSOM Membership, for "professionally photographed wedding events", provides for up to 4000 images for culling per event, regardless of its duration in hours or days (ie. a 5 day event or wedding that is made up of different occasions and/or celebrations); any event with more than 4000 images submitted will be billed at the Flex Culling rate of $0.10 per image.

8. The BLOOSOM Membership, for "professionally photographed portrait** sessions", provides for up to 1000 images for culling per event, regardless of their duration in hours or days (ie. a 5 day event or wedding that is made up of different occasions and/or celebrations); any of these event types with more than 200 images submitted will be billed at the Flex Cull rate of $0.10 per image.

9. The BLOOSOM Membership cannot be applied to previous and/or current orders.

10. This plan is for the account holder whom shall be a professional photographer and whom may only submit professional images that were for hire by contract. This subscription may not be used for non-professional, personal, and/or hobby related images including but not limited to: extended education, testing, travel, leisure, pictures of friends, family or friend events, family, pets, architecture, etc.

11. This is a legal and binding contract. By agreeing to these terms, you (the Account Owner) agree to pay the 12-month subscription commitment.

12. TheEditingEyes reserves the right to collect payment from the BLOOSOM Membership Subscription Owner named on this plan to cover all debt collection services.

(7) GENERAL TERMS

I. BUSINESS HOURS

TheEditingEyes services and deliveries are conducted during the specified business hours published on our website. These hours may change and/or vary. Any services, phone calls, emails, jobs, uploads, and/or deliveries needing our assistance outside of these business hours will be tended to at the nearest business day and start time.

II. MINIMUM ORDER FEE A minimum of 77 images must be received in order for the job (wedding/portrait) to move into production. Any event submitted with less than 50 images will be charged a minimum order fee of $25.00.

III. INCLUDED SERVICES Annual Plans include professional color correction services for the following file types: RAW, DNG & JPG

IV. DISCOUNTS, PROMOTIONS, REFUNDS Discounts or refunds from previous, pending, and/or current orders may not be credited toward any Annual Plan. Any value (ie. promo codes, vouchers etc.) from previous and/or current orders may not be applied to any Annual Plan. Only one promotional or discount code may be used with an order. You are not allowed to stack or bundle promotions or codes. Additionally, with the exception of “Extra”, special offers cannot be combined or be in conjunction with any other special offers, promotions, or discount. If, at any point, the contract is canceled, the promotional value (or the remainder of promotional value) associated with the contract is also forfeited. There are no refunds and all monthly payments must be fulfilled.

V. DELINQUENT AND/OR NON-PAYMENT Non-Payment and/or delayed payment of 14 calendar days or more will act as a voluntary cancellation by the account holder of any Annual Plan and all cancellation requirements per these terms of service will take full effect.

TheEditingEyes reserves the right to collect payment from the Account Owner named on the Annual Plan to cover all debt collection services.

Any outstanding and unpaid cancellation balance of the PREMIUM Plan is subject to late fees.

(8) ELIGIBILITY

The Standard, Standard Pro, Premium, Premium Plus, and Premium Dash Plans are designed to support studios with only one "1" Lead Photographer. This Lead Photographer name and person must also be the same name and person as is registered on the TheEditingEyes Subscription Plan account.

Studios employing or working with more than one "1" Lead Photographer are disqualified from the Standard, Standard Pro, Premium, Premium Plus, and Premium Dash Plans. Professional photography businesses, who employ and/or subcontract more than "1" Lead Photographer, are eligible for any of the following TheEditingEyes plans: a Custom Contract Plan, the Associate Plan, and/or the Associate Plus Plan.

TheEditingEyes reserves the right to evaluate and review any TheEditingEyes account type in order to approve eligibility for any Subscription Plan type offered. Evaluation criteria used to determine eligibility may include but are not limited to: legal records, state and federal records, public and private records, the Internet, public and/or private digital social media profiles (ie. forums, blogs, reviews, testimonials, Facebook, Instagram, Snapchat, etc.).

(9) COMPLIANCE

You agree that upon request from TheEditingEyes or its authorized representatives you will within fourteen (14) days fully document and certify that use any TheEditingEyes Annual Plan at the time of the request is in conformity with these terms and conditions.

In order to maintain a fair and reasonable service to our customers, TheEditingEyes, reserves the right to "Add to" these terms and conditions at any time.

(10) PREVENTION OF DAMAGES

You are required to take all reasonable measures to avoid and reduce damages, in particular, to make back-up copies of any computer data subject to the provisions of this agreement.

(11) INDEMNIFICATION

Indemnity. You agree to hold TheEditingEyes, harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of any TheEditingEyes Annual Plan.

1. EXPIRATION

Upon expiration of an Account Owner annual plan subscription, TheEditingEyes will provide up to 30 days for an Extra user to download, gather, and secure any/all content from our site. After these 30 days, TheEditingEyes has no obligation to provide Account Owner with a copy of any content whatsoever and TheEditingEyes may delete the Account Owner content permanently and forever.

2. USE OF SMART PREVIEWS Account Owner gives TheEditingEyes permission to create any/all Extra Gallery’s using jpg images built from their Lightroom Catalog smart previews.

VII. USER TERMS AND CONDITIONS

A. PAYMENT BY CREDIT CARD User shall use a credit card to pay for TheEditingEyes any/all site services. When the user provides credit card information to TheEditingEyes, the user represents and warrants to TheEditingEyes that user is the authorized holder of the credit card that is used to pay for TheEditingEyes services and/or other fees. With respect to both Annual Plans, services, and/or product offering, the user agrees and confirms that TheEditingEyes is authorized to charge the credit card provided.

B. SECURITY AND PASSWORD The security of a User's personal information is important to us. TheEditingEyes follows and adheres to the generally accepted industry standards to help protect and guard personal information and data. For instance, when a User enters sensitive information (such as a credit card number) on our registration or order forms, TheEditingEyes encrypts that information using secure socket layer (SSL) technology. That said, there is no such method of transmission over the Internet, or method of electronic storage, that is 100% immune or protected or secure. A User is solely responsible for maintaining the confidentiality of their password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. While TheEditingEyes strives to protect a User’s information, TheEditingEyes cannot guarantee its absolute security and/or protection. Therefore, you must take steps to ensure that others do not gain access to your password and account.

In consideration of the above statements, you hereby acknowledge and understand that all content you upload to the platform may become accessible to the public, and it may be used, downloaded, linked to, and archived by others, and may appear on other websites and in search engine results. We will take all reasonable effort to protect your account, privacy, and content according to our best practices and in line with your account preferences, however, we cannot guarantee the absolute security of your account and all the content you have provided. We cannot guarantee that our security measures will prevent any third party or hackers from illegally gaining access to your account and content, and we assume no responsibility for any illegal access of your account and content as a result. You accept all risks of any unauthorized access to all information you provide to TheEditingEyes, including but not limited to registration information, content, and account information.

VIII. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

A. LINKS Our site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that TheEditingEyes is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TheEditingEyes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource.

B. LIMITATIONS OF DAMAGES AND LIABILITY TheEditingEyes shall not be liable to Account Owner in connection with or relating to these Terms of Service, the selected system, TheEditingEyes, and any transactions involving TheEditingEyes for any direct, indirect, lost profits, consequential, special, exemplary, incidental or punitive damages, regardless of the form of action, whether in contract or in tort, including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss, breach of warranty and negligence, regardless of whether TheEditingEyes has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable. Notwithstanding anything to the contrary, the liability of TheEditingEyes for any reason and for any cause of action whatsoever in connection with or relating to these Terms of Service, the selected system, TheEditingEyes and any transactions involving TheEditingEyes shall be limited to and not exceed the amount paid by the active Account Owner for subscription payments within the last six months (excluding any products ordered through the site or any other fees associated with those orders).

C. CHOICE OF LAW You, the Account Owner, agree that these terms of service are governed by and construed in accordance with the laws of the State Delhi, India, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Delhi, India and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact us at [email protected].

D. SITE REPURPOSE You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

E. TRANSFERABILITY You understand and agree that TheEditingEyes may assign its rights under these Terms and Conditions. You understand and agree that Your personal information may be transferred to the succeeding entity. You may not subcontract, assign, or otherwise delegate your obligations under this Agreement without the prior written consent of TheEditingEyes.

F. FORCE MAJEURE TheEditingEyes shall not be liable for any failure by TheEditingEyes to perform its obligations under this Agreement because of circumstances beyond the reasonable control of TheEditingEyes, which such circumstances shall include (without limitation) natural disaster, terrorism, riot, sabotage, labor disputes, war, any acts or omissions of any government, governmental authority or third party, declarations of governments, transportation delays, power failure, computer failure, web server failure, telecommunications failure, Third Party Technology, failure of Account Owner to cooperate with the reasonable requests of TheEditingEyes, misuse of the selected system or TheEditingEyes by Account Owner or third party, breach of this Agreement by TheEditingEyes or a third party and any other events reasonably beyond the control of TheEditingEyes.

G. FINAL ACCEPTANCE OF USER AND TERMS You acknowledge and agree to these Terms of Service and that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of TheEditingEyes. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the content appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of TheEditingEyes.

H. CONTACT INFORMATION Except as explicitly noted on this site, the services available through this site are provided by TheEditingEyes. If you notice that any user is violating these Terms of Service, please contact us at [email protected].