This is a legal agreement between you and PhotoTouch Inc., covering your use of the PhotoTouch software application(s) and/or web service (the "Service"). Be sure to read the following agreement before using the Service. BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE.

The Service is owned by PhotoTouch Inc. and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Service like any other copyrighted material (e.g., a book or musical recording).

You elect the monthly service plan of your choice and sign up using a credit card. The costs, fees, features, and any service level agreements and/or support agreements are described in our Available Subscription Plan Details, accessable through our website. We process and store your credit card data through a third party service provider such as PayPal. While we collect and transmit your credit card number, it is not retained by our systems, but rather by a third party.

Note: Notwithstanding anything else in his agreement, our monthly fees as well as the fees you pay for additional uploads, prints, or other services, is subject to change at any time. If you do not agree to the change in fees, you may cancel your service at any time such that you are no longer subject to these fees. PhotoTouch, Inc. reserves the right to cancel this service at any time for any reason or for no reason, with or without notice to you.

Paying the monthly license fee allows you the right to use the Service. If you violate any part of this agreement, we reserve the right to cancel your use of the Service. If your service is cancelled, you are still responsible for any unpaid monthly service fees or overage fees.

Unless otherwise agreed to in writing, the Service and its related documentation are provided "AS IS" and without warranty of any kind and PhotoTouch Inc. expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall PhotoTouch Inc. be liable for any incidental, special, or consequential damages that result from the use or inability to use the Service or related documentation, even if PhotoTouch Inc. has been advised of the possibility of such damages. In no event shall PhotoTouch Inc.' liability exceed the fees paid by you, if any.

This Agreement shall be governed by the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

Notices may, at our discretion, be provided to you via email, writing, text message, or posting it on our our website.
The Service and documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause as 252.227-7013. Manufacturer is PhotoTouch Inc., Inc., 15950 Bernardo Center Drive, Suite B, San Diego, Ca. 92127.