1. Acceptance of Terms of Use Agreement.

By accessing or using the Website in any way, including using any Services, downloading Content or merely browsing the Website, you agree to be bound by the terms and conditions set forth in this this "Agreement. If you don not agree to all of the terms and conditions contained in this Agreement or the AirbrushDate.com Privacy Policy, do not access or use the Website or the Services.

Airbrush Date may change the Agreement and other guidelines and rules posted on the Website from time to time at its sole discretion. Your continued access or use of the Website, or any Content or Services, constitutes your acceptance of the changes. Your access and use of the Website, Content and Services will be subject to the most current version of the Agreement, rules and guidelines posted on the Website at the time of such use. Please regularly check the "Terms of Use" link on the home page of AirbrushDate.com to view the then-current terms. If you violate any of the terms of this Agreement, your authorization to access or use this Website, Services and Content automatically terminates.

2. Eligibility.

You must be at least eighteen (18) years of age to use the Website By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Payment Processing Information.

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Website, Services and Content. All monetary collections will be made by you directly through PayPal, and not to or through ECC. Hence it will be necessary for Website users and their paying Customers to transact through PayPal, and be subject to the applicable PayPal Legal Agreements. ECC is not affiliated with PayPal, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.

To the extent that the services of the Website are rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a user of the Website hereunder does so in conjunction with the services of another service provider, such user will be subject to the other service provider's terms of service, and neither ECC or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other. The terms of this Terms of Use Agreement shall not in any way supersede the terms of any other service provider, nor shall the terms of use of any other service provider supersede the terms of this Terms of Use Agreement with respect to the Website.

4. Transmission of Finished Work.

After an order has been completed, you will be notified via e-mail to view and download your pictures via the internet. Typical delivery occurs within two days of order submission. The photo files will be kept on our server for a period of 14 days, after which the files will be deleted. If you are unable to download the pictures, notify us immediately at help@airbrushdate.com and we will extend the period of availability of the files for an additional period not to exceed thirty (30) days from date of purchase unless otherwise agreed to by ECC in writing. Notwithstanding the foregoing, you acknowledge and agree that ECC shall not be liable for any failure to store User Content on the Website at any time.

5. Member Conduct.

You must adhere to all limitations on dissemination, usage and reproduction of any Content that you download from the Website that are subject to such limitations. In using the Services, you agree not to use the Website to:

a. upload, post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, child pornography, excessively violent, indecent, lascivious, lewd, profane, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. breach any guidelines or other codes of conduct applicable to a particular Service or Content;

c. Impersonate any person or entity, including, but not limited to, a ECC official, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity for the purpose of misleading others.;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website or use any Website domain name as a pseudonymous return e-mail address.;

e. upload, post, email, transmit or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or use any Content in any manner that infringes any Intellectual Property Rights or other rights of any party;

f. upload, post, email, transmit or otherwise make available any photo or information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation; h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. use or attempt to gain access to or use another's account, password, Service, Content or computer systems or networks connected to any ECC server or to the Website without authorization from ECC, whether through hacking, password mining or any other means or interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or

k. violate the rights of ECC or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or otherwise harass or threaten another;

l. collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;

m. access or attempt to access any Content that you are not authorized to access or Content through any means not intentionally made available through the Website or Services;

n. market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by ECC.

You acknowledge that ECC does not pre-screen any Content working in coordination with the Website, but that ECC and its designees shall have the right (but not the obligation) in their sole discretion to monitor or review the Content and Services at any time. ECC may at any time without notice and in its sole discretion terminate a Service, access to or use of any Content or any area of the Website where Content is posted or submitted. You acknowledge and agree that ECC may preserve information and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ECC, its users and/or the public. You understand that the technical processing and transmission of information over the Website, including your information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. Modifications to Service.

ECC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ECC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. Refund and Return Policy.

In the event that you are dissatisfied with the touch-up provided to you by AirbrushDate.com, we will provide you with one revision of the image at no cost. If, after the revision is completed, you are still not satisfied with the image, we will provide you with a full refund. Please make sure that you provide details to help us perform the changes necessary for a satisfactory revision. We will review the revision comments, and will rework the photo so long as it is within the defined parameters of the service offering originally purchased. You may request a revision by sending an e-mail containing the image and detailed comments to help@airbrushdate.com.

8. Copyright Policy.

The Content and Services, including organization, graphics, design, compilation, digital conversion and other matters related to the Website, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Content or Services may violate such rights and this Agreement. Except as expressly provided herein, ECC and its suppliers do not grant any express or implied rights to use the Content and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website, Content or Services, any portions of the Website, Content or Services or the selection and arrangement of the Website, Content or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Website, Services or Content.

Some of the content on the site is the copyrighted work of third parties. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

ECC alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, concepts, know-how, techniques, feedback, recommendations, or other information provided by you relating to the Website, Services or Content ("Submissions") and you grant ECC an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Content, with or without having your name attached to such User Content, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that ECC is free to use any Submissions that you provide for any purpose without any compensation to you.

The trademarks, logos and service marks ("Marks") displayed on this Website are the property of ECC or other third parties. You are not permitted to use the Marks without the prior written consent of ECC or such third party that may own the Marks. Airbrush Date and the Airbrush Date logo are trademarks of East Capital Communications LLC.9. Privacy.

Use of the Website and/or the Service is also governed by our Privacy Policy, the content of which are incorporated by reference into the Agreement. ECC will use and protect your data, such as your name and address, in accordance with the Privacy Policy.

9. Disclaimers.

THE WEBSITE, SERVICES AND CONTENT, ARE PROVIDED BY ECC UNDER THESE AGREEMENT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ECC MAKES NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE, SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE WEBSITE, SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE WEBSITE OR ANY SERVICES OR CONTENT PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR CONTENT WILL BE CORRECTED.

THIS WEBSITE, SERVICES AND CONTENT MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ECC MAY MAKE CHANGES TO THE WEBSITE, CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE WEBSITE, CONTENT AND SERVICES MAY BE OUT OF DATE, AND ECC MAKES NO COMMITMENT TO UPDATE THE WEBSITE, CONTENT AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT: (i) ECC DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED WEBSITES; (ii) ECC MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) ECC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE WEBSITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ECC ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ECC OR VIA THE WEBSITE, SERVICES OR CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. ECC WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE WEBSITE OR ANY SERVICES OR CONTENT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

10. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources("Linked Websites"). The Linked Websites are provided by ECC to you as a convenience and the inclusion of the links do not imply any endorsement by ECC of any Linked Website. ECC has no control over the Linked Websites, and you therefore acknowledge and agree that ECC is not responsible for the availability of any Linked Website, 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 ECC 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 upon, any such Content, goods or services available on or through any such site or resource.

11. Limitation on Liability.

IN NO EVENT SHALL ECC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF ECC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE WEBSITE, SERVICES, OR CONTENT; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE WEBSITE, SERVICES OR CONTENT; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, CONTENT OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

12. U.S. Export Controls.

ECC controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. ECC makes no representation that the Website, the Service, or the Content is appropriate or available for use in other locations outside the United States, and access to the Website from territories where the Website, the Services or Content are illegal is prohibited. If you access the Website or use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

13. Jurisdiction and Choice of Law.

This Website (excluding linked Websites) is controlled by ECC, Inc. from its offices within the District of Columbia, United States of America. By accessing or using the Website, you expressly agree that all matters relating to your access to, or use of, the Website shall be governed by the laws of the District of Columbia, without regard to its conflict of law provisions. You also expressly agree and hereby consent to the exclusive personal jurisdiction and venue of the state and federal courts of the District of Columbia with respect to such matters. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

14. Indemnity by You.

You agree to indemnify and hold ECC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

15. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

16. Other.

This Agreement contains the entire agreement between you and ECC regarding your access to or use of the Website, Content and/or the Services superseding any prior agreements between you and ECC on such subject matter (including any prior versions of the Agreement). Notwithstanding the foregoing, to the extent that any terms set forth in the Agreement expressly contradict any terms of a written agreement between you and ECC regarding the use of specific Services or Content (including Service-specific Agreement and Software-specific licenses) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other ECC services, third party content or third party software. You may not assign or otherwise transfer the Agreement nor any right granted hereunder without ECC’s prior written consent. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Any failure by ECC to enforce or exercise any provision of the Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in the Agreement are purely for convenience and carry with them no legal or contractual effect. Please contact us with any questions regarding this agreement.

This Website can be accessed from countries around the world and may contain references to ECC products, services and programs that are not available in your country. These references do not imply that ECC intends to announce such products, services or programs in your country. The Website is controlled, operated and administered by ECC, Inc. from its offices within the United States of America. ECC makes no representation that the Website, the Services or Content are appropriate or available for use at other locations outside the United States, and access to the Website from territories where the Website, the Services or Content are illegal is prohibited. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws below for further information.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.