Terms and Conditions
The Website www.blendedmoments.co.uk along with any other mobile application / URL that redirects to or facilitates access to the Website (together, "Blended Moments", “we”, “us” or “the Website”) is owned and operated under the laws of England and Wales by SAMANTHA TAYLOR, Address 4 Chidwall road, M221GU, Manchester. Email samantha@blendedmoments.co.uk, Telephone 07301075057.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE WEBSITE. BY USING, ACCESSING, UPLOADING OR DOWNLOADING ANY INFORMATION TO OR FROM THE WEBSITE, YOU CONFIRM THAT YOU ARE OF AT LEAST 18 YEARS OF AGE AND AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE ADVISED NOT TO CONTINUE USING THE WEBSITE ANY LONGER.
1. ABOUT US
Blended Moments specialises in creating unique digital photo merges that blend cherished memories into beautiful works of art. Our primary focus is to seamlessly merge images of individuals together, resulting in personalised digital artwork that holds deep sentimental value for you and your loved ones. Each photo merge is meticulously crafted, using advanced techniques to create a seamless blend that respects the integrity of each photo. We take great care to ensure that the final product is not only visually appealing but also emotionally meaningful, capturing the deeply personal essence of the memories you wish to preserve. Once your artwork is complete, we digitally deliver the final image(s) straight to your email inbox. This ensures that you receive immediate access to high-resolution files that are perfect for sharing via email, social media, or for printing.
2. PLACING AN ORDER
To place an order with Blended Moments, please complete the Order Form on our Website with the . following information: your full name, email address, phone number, physical address, and payment details. This information is critical for billing purposes and ensuring we can contact you regarding your order. You will also need to upload high-quality digital image(s) that you wish to merge together, along with any additional information that would help us understand your vision of the final picture. Please ensure that these images are clear and meet our quality guidelines, as this will directly impact the final outcome of your artwork. Once your order is submitted, you will receive a confirmation email summarising your order details, including the images provided and payment information. It is crucial that you review this confirmation for accuracy. If you notice any discrepancies, such as incorrect spellings or email addresses, please contact us immediately at samantha@blendedmoments.co.uk to rectify the information. You are solely responsible for the accuracy of all information provided during the ordering process. We will not be held accountable for sending images to incorrect email addresses or for any mistakes arising from inaccurate information. By submitting images for merging, you confirm that you own all rights to those images, including any associated copyrights. You must not submit images that are copyrighted by third parties unless you have explicit permission to use them. We will not commence work until payment is received in full and will not be liable for copyright issues arising from the images you provide.
3. PAYMENT METHODS
Blended Moments accepts online payment through all international credit/ debit cards and digital wallet platforms, and adheres to strict industry security standards for payment processing. Full payment is required in advance before any work on your order can begin. It is your responsibility to ensure that a valid card number and billing address is provided for us to successfully process your payment. If your card is issued in a foreign currency other than £GBP, pricing will depend on applicable foreign exchange rates as per your Bank’s rules and regulations. Our Website uses Shopify Payments for processing all payments, which is PCI compliant and supports 3D Secure checkouts. We do not store any financial information including card details from our customers and accept no liability for any error in any third party payment gateway under any circumstances whatsoever. In case you have any question about the pricing or method of payment, feel free to reach out to us directly before paying for your order.
4. DIGITAL DELIVERY
All completed images will be delivered electronically via email to the address provided during the order process within 14 business days from the date of order confirmation. However, please note that turnaround times may vary depending on current demand and the complexity of your order. While we strive to meet this timeframe, we cannot guarantee specific delivery dates. Customers will not receive notifications about changes in delivery timelines unless there are significant delays. We appreciate your understanding and patience as we work diligently to create your unique artwork. Your final images will be sent to the email address you provided during the ordering process. We recommend that you regularly check your inbox, including your junk or spam folders, to ensure you receive your images promptly, it is your responsibility to ensure you can access and download the images, as Blended Moments is not responsible for any issues related to email delivery or access to digital files.The delivered images will be free of watermarks, allowing you to fully enjoy and share your artwork in the best possible quality. Please be aware that we do not provide physical copies of the finished digital photo merges. It is your responsibility to arrange for printing through a third-party service of your choice. We cannot be held liable for the quality of prints produced by these services, as the printing process is beyond our control. To achieve the best results, we advise selecting a reputable printing service that meets your needs. All completed images will be delivered electronically via email to the address provided during the order process. Images will be sent in JPEG formats. Once delivered, Blended Moments may delete your files from our system after a certain period, so we recommend that you save and back up your digital images upon receipt.
5. ADJUSTMENTS AND REFUNDS
Given the highly personalised nature of our services, we have a strict no-refund policy except in specific circumstances. After receiving your order, if we determine that a photo is unusable due to poor quality, lack of clarity, or any other reason, we will reach out to you as soon as possible to request a new / replacement image. If you are unable to provide a suitable alternative, a refund will be issued at our discretion. Blended Moments reserves the right to convert any coloured image into black and white, or vice versa, with or without prior discussion with you. While we will make every effort to accommodate any specific colour instructions in your order note, we cannot guarantee complete adherence due to the subjective nature of creative aesthetics. You may request adjustments to the final image at any time prior to delivery. However, the final decision regarding adjustments, cancellations, and refund requests remains solely with us. Please note once an image has been completed and emailed, Blended Moments cannot offer any adjustment or refunds based on any personal dissatisfaction with the creative outcome.
6. ADVERTISING AND PROMOTIONS
By placing an order with Blended Moments, you grant us a non-exclusive, royalty-free license to use your submitted images, including original photos and completed photo merges, for promotional and advertising purposes across various media. This includes, but is not limited to, digital advertisements, social media platforms (such as Facebook, Instagram, TikTok, and Pinterest), print materials, and traditional media like billboards and leaflets. We also employ cookies and tracking pixels on our Website to enhance user experience and facilitate advertising analytics. Additionally, any feedback or reaction videos you provide regarding our services may be used for promotional purposes. By submitting such content, you confirm your rights to share these materials and grant us permission to use them without expectation of compensation or acknowledgment, unless otherwise agreed in writing. By accepting these Terms and Conditions and using our services, you explicitly consent to these advertising practices, acknowledge that your images may be edited or modified without your approval, and agree that Blended Moments shall not be liable for any loss, claim or other issues arising from the promotional use of your images. If you wish to opt out of having your images used for promotional purposes, please submit a written request to samantha@blendedmoments.co.uk.
7. THIRD-PARTY APPLICATIONS AND COLLABORATORS
Blended Moments reserve the right to use of third-party software applications in the creation of your digital photo merges. This may include, but is not limited to the latest state of the art generative AI image editing tools such as Adobe Photoshop Generative Fill, Stable Diffusion, DALL-E, and Leonardo AI. By placing an order with us, you grant Blended Moments full permission to utilise your submitted images in these third-party applications for the purpose of fulfilling your order in any manner we deem fit, and explicitly agree that Blended Moments shall not be held liable for any issues or consequences arising from the use of these third-party apps or software. We may, on occasion, also engage with trusted third-party collaborators from around the world, each possessing a demonstrated history of excellence in their respective fields. These collaborators are carefully selected based on their expertise and reliability, and every single one of them are contractually obligated to uphold the confidentiality and integrity of your images throughout the creation process, in addition to adhering to all applicable data protection laws and practices including but not limited to GDPR. Irrespective of collaborations, Blended Moments take utmost care to ensure that your personal information is protected against unauthorised access, loss, or disclosure at all times, and meticulously reviews and enhances all final images to ensure they meet our rigorous quality standards. Your approval of these Terms and Conditions indicates your understanding and acceptance of these practices, including consenting to any necessary modifications or enhancements made to the images by such third-party software applications and collaborators.
8. INTELLECTUAL PROPERTY RIGHTS
All information and content displayed in the Website, including text, graphics, designs, photographs and the like is owned and/or licensed by Blended Moments unless expressly specified otherwise, and are protected by international laws on trademarks, copyrights, domain names and other applicable rights. By submitting your images to Blended Moments for the purpose of creating digital photo merges, you affirm that you hold sole rights to those images and grant Blended Moments a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, display and advertise your images and any modifications thereof in accordance with these Terms and Conditions. You retain ownership of the original images you submit. However, upon the creation of the digital photo merge, Blended Moments acquires the rights to the final artwork produced. By accepting these Terms and Conditions you agree not to reproduce, modify, sell, distribute, or otherwise commercially exploit the final digital photo merge images or any related content without prior written permission from Blended Moments. Any unauthorised use of our intellectual property may result in legal action.
9. SUSPENSION OF SERVICE
Blended Moments reserves the right to suspend, discontinue or cease providing any product or service through the Website, temporarily or permanently, at any time, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. All provisions of these Terms and Conditions which by their nature should survive such suspension or termination shall survive, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity and limitations of liability.
10. PROHIBITED ACTIVITIES
By accessing and using the Blended Moments Website, you agree not to engage in any of the following prohibited activities: • do not use the Website in any way or take any action that may undermine, disrupt, damage or manipulate the working functionality, performance, availability or accessibility of the Website; • do not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Website, or any updates or any part thereof; • do not use the Website in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; • do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose; • do not violate, plagiarise, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights; • do not use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
11. DISCLAIMER OF WARRANTIES
By using the Blended Moments Website, you hereby acknowledge and agree that such usage is at your sole risk and responsibility. To the maximum extent permitted by applicable law, Blended Moments Website is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, all warranties of quality, accuracy, completeness, reliability, conditions of merchantability, fitness for a particular purpose, title or non-infringement. Blended Moments does not warrant that the services offered through the Website will meet your specific requirements, that the Website will be uninterrupted or error-free, that the Website will be free from viruses or similar harmful matter or that any defects in the Website will be immediately corrected. No oral or written communication offered by Blended Moments will create any warranty for this purpose.
12. LIMITATION OF LIABILITY
Under no circumstances will Blended Moments and any of its directors, shareholders, employees, agents and collaborators be liable for any incidental, consequential, or indirect damages including, but not limited to, business interruption, damages for loss of profit, loss of data, loss of goodwill and the like arising out of the use or inability of use of the service/ information provided on or downloaded from the Website, or any delay in the processing of such information or services. For removal of doubt, this includes situations where there is any failure or delay in performance of any of the obligations under these Terms and Conditions that is caused by events outside our reasonable control (force majeure events). Notwithstanding the above, nothing under these Terms and Conditions will limit or exclude any liabilities that may not be excluded under applicable law.
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Blended Moments and its directors, shareholders, employees, agents and collaborators from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with (a) your use of or inability to use the Website (b) your violation of any provision of these Terms and Conditions or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Blended Moments reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with Blended Moments in asserting any available defenses.
14. ELECTRONIC COMMUNICATIONS
The communications between you and Blended Moments use electronic means. For contractual purposes, you (a) consent to receive communications from Blended Moments in an electronic form; and (b) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that Blended Moments provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. With your informed consent (opt-in), such electronic communication may also include periodic emails and/or other messages for our internal marketing and promotional purposes. We take all reasonable measures to ensure that our marketing communications are compliant with the applicable laws.
15. DATA PRIVACY
Blended Moments is committed to protecting your privacy in accordance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and UK Data Protection Act 2018. When you place an order with us, we collect certain personal information from you, such as your name, email address, phone number, payment information, and of course, the images you provide for merging. This information is used exclusively to fulfil your order and communicate with you as and when needed. We do not sell, distribute, or otherwise disclose your personal information to third parties without your explicit consent, except as outlined in these Terms and Conditions or as required by law. For more detailed information on how we handle your personal data, please refer to our Privacy Policy available on the Website, or contact us directly at samantha@blendedmoments.co.uk.
16. GENERAL INFORMATION
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales, and all disputes regarding its validity, execution, performance, interpretation or termination will be submitted to the exclusive jurisdiction of Courts at Manchester. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, such invalidity will not affect the enforceability of any other part or provision of this Agreement.
Blended Moments reserves the right, at their sole discretion, to modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the same on the Website. You agree to review this document periodically to be aware of such modifications and your continued access or use of the Website shall be deemed as a conclusive acceptance of such modified Terms and Conditions.
If you have any further questions, comments or requests regarding these Terms and Conditions, please email us at samantha@blendedmoments.co.uk.
These Terms and Conditions were last updated in October 2024.