Terms of service

Date of last revision: February 24, 2022

JBFilms Inc. and its affiliates and subsidiaries ("JBFilms Inc.", "we", "us" or "our") provide photo editing services to assist photographers.

Please read this Agreement (as defined below) carefully! It includes important information about your legal rights.

The Services are provided and available subject to the terms and conditions contained in these Terms of Service (the "Terms").

By using or accessing the Services, you agree to these Terms. If you are using the Services for or on behalf of an organization, you are agreeing to this Agreement on behalf of that organization, and you represent and warrant that you are able to do so. References to "you", "your" and similar terms are constructed accordingly in this Agreement. If you do not agree to all the terms of this Agreement, you may not use or access the Services.

If you are a resident of or have your principal place of business in the United States of America or any of its territories or possessions (the "U.S."), you agree to this Agreement with JBFilms Inc. and are a "U.S. User ." 

Payment Terms

Terms of payment. For BeHattan Services licensed for a fee, the following terms apply, unless BeHattan notifies you otherwise in writing. Additional terms may appear in the program order or at the time of purchase.

A. Payments will be billed to you in US dollars, and your account will be debited when you pay and provide your payment information, unless otherwise stated in the Additional Terms.

B. If you wish to purchase any Service, you may be asked to provide certain information relevant to your purchase, including, but not limited to, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: you have the legal right to use any credit card or other payment method in connection with any purchase; and that the information you provide to us is true, correct and complete.

C. Payment must be made with one of the following payment methods: valid credit or debit card, paypal, venmo or other payment option approved by BeHattan in writing.

D. You agree to keep your Personal Information and payment method information accurate, current, and complete at all times. JBFilms Inc. reserves the right to immediately suspend or terminate your account.

By submitting such information, you grant us the right to provide the information to third parties for the purpose of facilitating the completion of purchases.

We reserve the right to reject or cancel your order at any time for certain reasons including but not limited to: availability of the service, errors in the description or price of the service, error in your order or other reasons beyond BeHattan's control.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be responsible for any failure to complete your purchase, or any resulting loss or damage to you.

To suspend, cancel, or inquire about your account, please email hello@behattan.com. In the event that BeHattan suspends or terminates your account, a Service or these Terms.

Refund Policity

These are the legal terms to be able to issue a refund of the total amount that you have paid in your order.

A.   You placed an order, but editing/selection hasn't started yet: If the editor in charge hasn't started editing/selection, we can issue a full refund.

B. You placed an order and started the photo editing/selection: If the editor has started, we can stop the process and issue a partial refund of 50% of the total order, converted into a gift card to redeem for future services on www.behattan.com

C. You completed an order, but there is a problem with the edit: Refunds can be issued only if we are first notified of the problem and are unable to provide a satisfactory and timely resolution.

D. If your edits don't look quite right, you should contact us as soon as possible. We stand by the quality of our work and believe that our clients should never go back to editing their images.

E. We respect deadlines: Photographers have their own deadlines to meet, so we make sure corrections are handled with the highest priority, usually within 24 hours or less during business hours Monday-Friday.

Your Content

When you upload content to BeHattan, you remain the owner. However, you give us permission to use it in any way necessary to provide, improve, promote and protect our services. For example, when you upload a photo or photo catalog, you grant us the right to save it and display it on your site or story based on your instructions. But you can opt out if you don't want us to, with every order we ask if we have permission to use these photos. If you do not check the option, we reserve the right to use them.

Copyright Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other JBFilms Inc. Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Price Changes

We reserve the right to adjust the price of our service, or any component thereof, in any manner and at any time, as determined by us in our sole and absolute discretion. Except as expressly provided otherwise in these Terms of Use, any price change for the products offered on BeHattan will be effective for the next order placed by the customer. It will not affect the order in progress. 

Referral Program

You can participate in our "referral program" by referring potential photographers to the service. Under the referral program, you will receive $10 for each new user who makes a purchase on www.behattan.com and pays for their order. You will receive this reward within 50 days of the potential photographer's payment for the service. 

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OTHER BEHATTAN PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Share Responsibly

The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you share via the Services.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of BeHattan and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with BeHattan. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of JBFilms Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in New York and shall not give rise to personal jurisdiction over BeHattan, either specific or general, in jurisdictions other than New York. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of New York, without regard to conflicts of law principles. You agree that any legal action or proceeding between BeHattan and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You and BeHattan agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and BeHattan are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and BeHattan concerning the Service and the services provided by BeHattan. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. BeHattan’s failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. BeHattan may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.

Most communication between BeHattan and you will be sent and received electronically. You agree that all electronic communication between BeHattan and you shall satisfy any legal requirements that such communications be in writing.

Any rights of BeHattan not expressly granted herein are reserved.

Translation

This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.