Thank
you visiting Customphotoarts.com.
Prior to placing an order, please read the following Terms
of Use carefully. If "you" agree to the Terms of
Use, please click on the "Order" button. This constitutes
a binding contract between "you" and Customphotoarts.com.
If "you" do not agree to the Terms of Use, please
click on the "Cancel" button. A violation of the
Terms of Use may result in a termination of service to you.
These terms constitute an agreement between you and Customphotoarts.com
and supercede all other written and oral communications.
Site License Statement:
Customphotoarts.com grants you the use and display of this
website, provided you comply fully with the conditions of
the Terms of Use. Please refer to and read the Terms of Use
prior to each order. This site or any portion of this site
may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without
express written consent of Customphotoarts.com. You may not
frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images,
text, page layout, or form) of Customphotoarts.com without
express written consent. Any unauthorized use terminates the
permission granted by Customphotoarts.com. You shall not interfere
with the operating system of this site, including but not
limited to spamming, viruses, and other means expressly prohibited
by law. Customphotoarts.com grants users the nonexclusive,
nontransferable, limited right to use and display this website
for personal use only.
Privacy Statement:
Customphotoarts.com respects the confidentiality and privacy
of your information. . Customphotoarts.com does not share
registration information provided to us. We do not share information
with a third party. Customphotoarts.com reserves the right
to use Customphotoarts renderings in marketing materials.
When you are visiting our website or purchasing an item via
Customphotoarts.com, you agree to the terms and conditions
described in the Privacy Statement.
Registration- Ordering:
Upon ordering you will need to provide your name, e-mail address,
mailing address (where to send your customphotoarts piece),
billing address and name (for verification) and credit card
number and expiration date. This information is to be entered
upon our SECURE ORDER PAGE. If we encounter a problem when
processing your order, we will use your personal information
provided, to contact you. We will never ask for sensitive
information via e-mail. Please be advised that standard e-mail
communication is not encrypted, nor private nor secure. E-mail
is not considered a secure means of transmitting credit card
information.
Email Addresses:
From time to time, Customphotoarts.com may permit you to enter
your e-mail address for, but not limited to a promotion, contest
or survey. Your participation is voluntary. Contact information
will be used to notify winners and survey information will
be used to improve the Customphotoarts.com service or website.
We may publicly disclose the name, city, and state of the
winner of any Free Product Giveaways.
Age:
You must be at least 13 years old to use our site. You hereby
represent and warrant that you are either 18 years of age
or using Customphotoarts.com site with the supervision of
a parent or guardian. If you, a parent or guardian have questions,
please contact us.
Sharing
Images:
If you would like for others to view your Customphotoarts
piece and if you would like your image to be considered
for the Gallery, please check the appropriate box upon checkout.
Neither your name, nor personal information will be linked
to your image.
Gifts
and Gift Certificates:
We will not provide the recipients information, such as
but not limited to email address or mailing addresses to
any third parties, as governed by this Policy.
Information
Disclosure Exemption:
We may be required to disclose such necessary information
in response to requests from proper law-enforcement officials
conducting investigations; subpoenas; following court orders;
or if we are required to disclose such information by law.
This information may be necessary to contact or identify
or bring legal action against someone who may attempt to
cause injury to another's property or rights. We also will
release personal information where disclosure is necessary
to protect our legal rights, enforce our Terms of Use or
other agreements, or to protect ourselves or others. eg,
we may share information to reduce the risk of copyright
fraud or if someone uses or attempts to use Customphotoarts.com
site to commit fraud or for illegal reasons.
Notification of Change:
If our privacy policy changes, we will post such information
on the Privacy page.
Warranty Statement: Customphotoarts.com
will replace items damaged due to shipping. Please e mail
us within (3) business days of receipt of your item(s).
Please save the original packaging. You will be instructed
to package your item in its' original packaging. We will
make arrangements for a carrier to pick up your item and
return it to us. Once the damaged artwork is received by
us, we will replace the damaged artwork. Custophotoarts.com
takes great pride in providing quality photoart pieces.
You must approve your proof before we will print it on canvas
or paper. Artworks are custom made and approved by you.
They are made to your specifications and are FINAL SALES.
Custom artwork pieces are not returnable.
Security Statement:
At Customphotoarts.com, we utilize a secure server for all
transactions which hold sensitive information. The secure
server utilizes a SSL (secure sockets layer to safeguard
your information) protocol that encrypts information, including
credit card information. When your secure information is
requested, you will see a lock icon in your browser window.
When the padlock is in a closed (locked) state, the padlock
is encrypted and secure. All information which is sent to
our secure server is used solely to process your transaction.
Only employees who need to access your personal information
to perform a specific job, are granted access.
Legal Security Disclaimer:
We use industry-standard precautions to safeguard all of
your personal information. We cannot guarantee complete
security because complete 100% security does not presently
exist anywhere, online or otherwise.
I/you certify that I am the photographer and sole copyright
owner of this photo and text, or have obtained license to,
or assignment of copyright in the photo or reproduction,
and have obtained the consent of all identifiable persons
shown in it for these uses. I agree to reimburse Customphotoarts.com™
and its licensees for all damages and expenses (including
attorney's fees) they may incur from claims based on their
use of photos/artwork you submit for or reproduction. I
am at least 18 years old and have full legal authority to
transfer these rights to Customphotoarts.com™,
or I am under 18 and my parent or guardian has read and
accepted these terms on my behalf.
Submission
Statement:
Customphotoarts.com is not responsible for the content of
any submission posted by "you" customers. Customphotoarts.com
reserves the right to monitor all materials posted to or
submitted to this website. This includes photographs, artwork
and material which infringe the rights of copyright, privacy
or publicity."Publicity rights" includes the commercial
exploitation of an individual or image, likeness, or persona
for commercial gain without the permission of the individual.
Customphotoarts.com reserves the right at all times to delete
or edit or disclose submissions that it believes in violation
of copyright or trademark infringements. Customphotoarts.com
may request proof of copyright ownership of a photo or piece
of artwork. Upon non receipt or non receipt of such requested
information, Customphotoarts.com reserves the right to share
the account information with law enforcement authorities
or third parties. This includes all submittals, including
those sent by legitimate, false and anonymous addresses.
Under these terms, Customphotoarts.com is not responsible
for such materials and/or submissions posted by "you".
Customphotoarts.com reserves the right at all times to edit,
or refuse to use or post,any materials which it finds, at
Customphotoarts.com sole discretion to be objectionable
or unlawful. These items include, but are not limited to,
criminal, pornographic, threatening or obscene materials
and those which could give rise to civil unrest. Customphotoarts.com
at their sole discretion, will not display artworks or photographs
which have objectionable content.
Rights to Use Submissions Statement:
We reserve the right to utilize any messages, materials,
photos or artworks, or ideas which you provide to our website.
By providing information and images to the Customphotoarts.com
website, you are granting Customphotoarts.com the unrestricted,
perpetual and irrevocable, royal free license to use, license/sublicense,
adapt, display, reproduce, distribute, any ideas or materials
in all media now known or hereafter developed. This grant
shall include the right to exploit any and all proprietary
rights in such Communications including, without limitation,
any and all rights under copyright, trademark, servicemark
or patent laws in any relevant jurisdiction. You waive all
rights you may have to inspect and/or approve of any Customphotoarts.com
use of any material or idea submitted by you or receive
any compensation for such use. You waive all rights to any
claim against for any alleged or actual infringements of
any proprietary rights, rights of privacy and publicity,
moral rights, and rights of attribution in connection with
such submittals. You agree and understand that Customphotoarts.com
is under no obligations (in any way whatsoever) to use any
material or ideas submitted by you. Except for placing an
order, please do not send confidential information or trade
secrets through Customphotoarts.com website. Any information,
suggestions, ideas or materials submitted to us via Customphotoarts.com
will be deemed non-confidential. By submitting it, you are
granting us an irrevocable and unrestricted license to use,
modify, reproduce, transmit, display and distribute it for
any purpose whatsoever, with no payment or other compensation
to you. We will not use your name unless we are required
by law to identify you as the source of the materials, information,
suggestions, ideas or comments, or unless we first obtain
your permission.
Copyright Statement: By law, each submitter is
required to own the right to the photograph/artwork or obtain
permission of the photographer/artist before it is submitted
or printed by Customphotoarts.com Customphotoarts.com reserves
the right to verify photo/artwork ownership information
prior to printing.
Customphotoarts.com Copyright Statement:
This site (content and information), including without limitation,
all designs, logos, text, images, articles, photographs,
artworks and materials, are protected by copyright laws
individually and as a collective work. You may not copy
or distribute such materials without express written permission
from Customphotoarts.com. Customphotoarts.com grants users
the nonexclusive, nontransferable, limited right to use
and display this website for personal use only. No one shall
infringe or interfere with copyright laws, trademark laws,
and laws regulating the publication of materials, obscene
or otherwise. You agree to observe all copyright information
displayed on this website.
Trademark Statement:
Customphotoarts.com and related marks and logos are trademarks
of Astistedesign
LLC, a Wisconsin Limited Liability Corporation. Customphotoarts.com
logo and slogan are trademarks which cannot be used without
the written permission from Customphotoarts.com. The logo
and slogan cannot be used in assocation with products or
services which are not those of Customphotoarts.com or Astistedesign
LLC.
Shipping Statement: All purchases from
Customphotoarts.com are pursuant to a shipping contract.
Upon Customphotoarts.com delivery of artworks/photos to
a postal carrier service, the risk of loss and claim to
such loss is passed to you.
Indemnification Statement:
You agree to indemnify, defend and hold harmless
Customphotoarts.com and its' "indemnified parties"
including, but not limited to owners, employees, agents,
attorneys, affiliates, and Internet content providers, from
and against all liabilities, losses, damages, and claims
of any kind (including attorney fees and expenses) from
claims resulting from your submissions to Customphotoarts.com.
Customphotoarts.com reserves the right to exclusive control
of any matter otherwise subject to indemnifaction by "you"
a customer or user of Customphotoarts.com
Change of Website Content Statement:
At any time, Customphotoarts.com reserves the right to change,
modify, add or remove, in part or whole, any part of this
website content, including but not limited to the Terms
of Use. Terms are effective when posted. Please refer to
and read the Terms of Use prior to each order. Customphotoarts.com
may restrict your access without notice.
Inaccuracies Statement:
We strive to provide correct and complete information on
the Customphotoarts.com website. Unfortunately, from time
to time a web site is not completely free from errors. This
site may contain typographical mistakes, inaccuracies, or
omissions. Some of these errors may relate to pricing and
some errors may include incomplete or incorrect information.
We reserve the right to correct any errors, inaccuracies
or omissions -- including after an order has been submitted
. We reserve the right to change or update information at
any time without prior notice. We apologize for any inconvenience.
Warranty
Disclaimer:
Limitation of Liability: Customphotoarts.com website makes
no representations or warranties of any kind, whether express
or implied. All content, or the information available on
or through this website; is provided on an "as is"
basis, with all faults. Except as otherwise provided under
applicable laws, we the officers, employees, agents, contractors,
and assigns of each, will not be liable for any damages
whatsoever arising out of or related to the use of Customphotoarts.com
website. Customphotoarts.com makes no warranties regarding
goods, services, special promotions or the delivery of such
which are purchased or accessed via Customphotoarts.com
website. Customphotoarts.com makes no warranty that the
site will be uninterrupted, secure or error free or that
the site server is free of viruses or other harmful components.
This limitation of liability applies to direct, indirect,
consequential, special, punitive or other damages you or
others may suffer, as well as damages for loss of profits,
use, data, business interruption or the loss of data or
information, even if we have been advised in advance of
the possibility for such damage. Under no circumstances
shall Customphotoarts.com be liable for damages that result
from the use or inability to use the site or services, changes
or unauthorized access to or alteration of data or services
from the use of the site.
Sales
Tax Statement:
Sales tax is applied to your Customphotoarts.com order if
your shipping address is in Wisconsin.
When
visiting Customphotoarts.com website , you hereby agree
that the laws of the State of Wisconsin, without regard
to principles of conflict of laws, will govern all Conditions
of Use and any dispute, of any sort, which may arise between
you and Customphotoarts.com or any of our affiliates. All
terms and conditions of use are governed by and construed
in accordance with the laws of the State of Wisconsin in
the United States of America, as if the all parties hereto
are domiciliaries of State of Wisconsin, and without regard
to the conflict of laws provisions of State of Wisconsin
or elsewhere. The sole and exclusive jurisdiction for any
action or proceeding which may arise out of or related to
these terms and conditions of use shall be an appropriate
State or Federal court located in Waukesha County in the
State of Wisconsin and by accessing and using Customphotoarts.com
and ordering any product, you thereby consent irrevocably
to the jurisdiction of such courts. If a court of competent
jurisdiction, for any reason finds any provision of these
terms and conditions of use, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of these terms and conditions
of use, and the remainder of these terms and conditions
of use shall continue in full force and effect. These terms
and conditions of use constitute the entire agreement between
"you", and Customphotoarts.com with respect to
the subject matter hereof, and supersede these terms of
use, previously written or oral agreements between the parties
with respect to such subject matter. No waiver by either
you or Customphotoarts.com of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default. The above mentioned sections used herein
are for convenience only and shall not be used to interpret
or construct these terms of use in anyway. |
