Terms of Services
Last updated: 03/01/2024
Effective Upon Order Submission
PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY BEFORE PLACING AN ORDER WITH RED ELEPHANT= BY USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, WHICH INCLUDES THESE TERMS OF SERVICE, OUR PRIVACY POLICY, AND ANY ADDITIONAL POLICIES POSTED ON OUR WEBSITE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR SERVICES.
Image Submission and Revisions
To ensure optimal results, submitted files should align with Red Elephant’s current resolution and format recommendations, available on our website. Our team strives to deliver image edits that meet our high standards. Once an edited file is delivered, it will be considered accepted unless you report an issue within seven (7) calendar days through your account dashboard. If we determine an error occurred, we will re-edit the file at no additional charge. This review and correction process may repeat until the final file is accepted. All images are automatically removed from our servers 180 days after acceptance. Red Elephant cannot guarantee quality if the original file does not meet our guidelines.
Turnaround and File Access
Completed edits are returned through a secure, but public, URL. While we take reasonable measures to restrict access, we cannot guarantee complete confidentiality due to the nature of such links. You may access files through your account or, where available, via FTP, API, or another supported method. Delivery time is prioritized based on your selected service tier. We make every effort to meet the turnaround times you select. Large or complex orders may exceed our daily processing limits; in such cases, we’ll contact you to revise the timeline.
Payments and Billing
Pricing is determined based on our current rate card at the time your order is accepted. All payments are processed in U.S. Dollars. Orders are confirmed once payment is successfully completed. For clients with substantial or ongoing needs, Red Elephant may offer monthly billing options upon request and approval. You are responsible for all applicable taxes, tariffs, or fees related to your order, except those based on Red Elephant’s income. Promotional free trials are subject to limitations. Abuse of trials through automation or repeat entries will result in denial of service.
Your Rights and Responsibilities
You retain ownership of your submitted content, but you grant Red Elephant a non-exclusive, global, royalty-free license to copy, edit, store, and otherwise process those images as necessary to fulfill your order. You must only submit content you have legal rights to use. You agree not to upload anything harmful, offensive, or infringing on third-party rights. You agree to indemnify and hold harmless Red Elephant and its partners from any claims or losses related to your content or misuse of our service.
Marketing Consent
By using our services, you give Red Elephant permission to use your company name or logo in marketing materials for the purpose of showcasing client relationships. You may revoke this permission in writing at any time. ________________________________________
Limitation of Liability
RED ELEPHANT SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND—INCLUDING LOSS OF PROFITS OR DATA—ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY. IN NO CASE SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM. THIS EXCLUSION DOES NOT APPLY WHERE PROHIBITED BY LAW, INCLUDING CASES INVOLVING PERSONAL INJURY CAUSED BY NEGLIGENCE.
Foundation of Agreement
The disclaimers and limits on liability are a key part of the agreement between you and Red Elephant. They are reflected in our pricing structure and risk assumptions. These clauses will remain valid even if a court finds other parts unenforceable.