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Terms and Conditions
Agreement between User and FromPicToArt.com
Welcome to FromPicToArt.com. The FromPicToArt.com website (the "Site") is comprised of various web pages operated by FromPicToArt. FromPicToArt.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of FromPicToArt.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. FromPicToArt.com is an E-Commerce Site. FromPicToArt.com offers quality custom Art.
Electronic Communications Visiting FromPicToArt.com or sending emails to FromPicToArt constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FromPicToArt is not responsible for third party access to your account that results from theft or misappropriation of your account. FromPicToArt and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen FromPicToArt does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use FromPicToArt only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services FromPicToArt.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FromPicToArt and FromPicToArt is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FromPicToArt is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FromPicToArt of the site or any association with its operators. Certain services made available via FromPicToArt.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the FromPicToArt.com domain, you hereby acknowledge and consent that FromPicToArt may share such information and data with any third party with whom FromPicToArt has a contractual relationship to provide the requested product, service or functionality on behalf of FromPicToArt.com users and customers.
Third Party Accounts You will be able to connect your FromPicToArt account to third party accounts. By connecting your FromPicToArt account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users The Service is controlled, operated and administered by FromPicToArt from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FromPicToArt Content accessed through FromPicToArt.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification You agree to indemnify, defend and hold harmless FromPicToArt, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FromPicToArt 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 fully cooperate with FromPicToArt in asserting any available defenses.
Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FromPicToArt agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Termination/Access Restriction FromPicToArt reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FromPicToArt as a result of this agreement or use of the Site. FromPicToArt's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FromPicToArt's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FromPicToArt with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FromPicToArt with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FromPicToArt with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Exchanges Physical printouts
We would issue an exchange if damage occurred during shipping. IMPORTANT: After we've shipped your order, you will receive a shipping notification with a tracking number. Should there be a problem with your shipment, please get in touch with us within 14 days of purchase or latest, within 48 hours after delivery. We cannot offer delivery guarantees for items that have arrived after an estimated date (e.g., birthday). Please, order your items on time. If you are shopping from the United States, we recommend 3 -4 weeks to allow manufacturing and revisions. We generally recommend 4-6 weeks for orders OUTSIDE the USA.
The order is fullfilled and successfully delivered to the customer if the tracking # of the shipping provider confirms this. Ensure that someone age 18 or older is at home to take your order. We are not responsible for stolen or undetectable orders after your order has been delivered.
We accept returns and exchanges. Contact us within 3 days of delivery. Ship items back within 31 days of delivery. The following items can't be returned or exchanged because of the nature of these items, unless they arrive damaged or defective, we can't accept returns for: Custom or personalized orders. Perishable products (like food or flowers) and Digital downloads.
Conditions of return Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value. Once your order is placed, and we have already started with your artwork, we hope you understand that there cannot be any refunds as time has already been invested in creating your artwork.If we make an exception and accept your cancellation request of purchase, we charge a 35% cancellation administrative fee (minimum $45) of the purchase price.
Please note that once the painting is ready, we will send it to you by email for your approval before we start the printing process. The responsibility for reviewing the design and providing feedback to the seller rests with the buyer. We will ONLY produce the artwork after your approval.
100% Satisfaction Guarantee. From PicToArt has unlimited time to satisfy its customers. The satisfaction guarantee applies to the first set of photos uploaded with the order. If further pictures are to be submitted or exchanged after the painting has been created, additional costs will be incurred for the buyer. We also charge an extra fee for changing backgrounds, colors, clothes, etc. and adding for example missing body parts. Please ask us about our fair service prices. If we do not receive instructions on how the painting should be designed, we will design it according to our ideas. A later redesign of the picture and / or a possible repaint is not covered by the satisfaction guarantee. For digital prints
Due to the nature of the product, a refund is not possible.
Merge Photos, add body parts and change dress colors etc. Basically, we paint what is on the photo you provide. 1. That means, if you sent us a blurry or low-resolution photo we will paint it as is. It doesn't become sharper in the painting. If you would like to restore your photo, please book our restoration service. 2. Basically we don't add body parts. You get painted what is in your photo. This means if a person on the photo e.g. has legs cut off, the painting will show the same. If you would like to add body parts, this service can also be booked, please contact us before we start painting. 3. Basically we paint the color shown in the photo. If you'd like to change the color of something in the photo contact us before we start painting. 4. Basically, we don't paint the original background, we paint a neutral watercolor style background to put the people in the focus. If you like to keep your original background or like to change the background to an e.g. sunset background, beach background, etc. please contact us before we start painting. 5. If you book a merge service it is your responsibility to let us know the body sizes compare to the other people on the photo before we start to paint. because we don't know your people 6. If you provide us multiple photos to merge and some of them have no lower body, only heads or upper body, we will bring them to the same size. 7. If you want someone in your merge painting in a specific place in your painting, please let us know before we start painting, otherwise we will decide which is the best arrangement.
Changes to Terms FromPicToArt reserves the right, in its sole discretion, to change the Terms under which FromPicToArt.com is offered. The most current version of the Terms will supersede all previous versions. FromPicToArt encourages you to periodically review the Terms to stay informed of our updates.
Contact Us FromPicToArt welcomes your questions or comments regarding the Terms: FromPicToArt 5753 Hwy 85 N. Suite 4029 Crestview, Florida 32536 Email Address: firstname.lastname@example.org Effective as of July 01, 2021
Collection of your Personal Information In order to better provide you with products and services offered on our Site, FromPicToArt may collect personally identifiable information, such as:
- First and Last Name - Mailing Address - E-mail Address - Phone Number
If you purchase FromPicToArt's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. We will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information FromPicToArt collects and uses your personal information to operate its website(s) and deliver the services you have requested. FromPicToArt may also use your personally identifiable information to inform you of other products or services available from FromPicToArt and its affiliates.
Sharing Information with Third Parties FromPicToArt does not sell, rent or lease its customer lists to third parties. FromPicToArt may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to FromPicToArt, and they are required to maintain the confidentiality of your information. FromPicToArt may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on FromPicToArt or the site; (b) protect and defend the rights or property of FromPicToArt; and/or (c) act under exigent circumstances to protect the personal safety of users of FromPicToArt, or the public.
Tracking User Behavior FromPicToArt do may keep track of the websites and pages our users visit within FromPicToArt, in order to determine what FromPicToArt services are the most popular. This data is used to deliver customized content and advertising within FromPicToArt to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information Information about your computer hardware and software may be automatically collected by FromPicToArt. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the FromPicToArt website.
Security of your Personal Information FromPicToArt secures your personal information from unauthorized access, use, or disclosure. FromPicToArt uses the following methods for this purpose: - SSL Protocol When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: • Delete your personal information from our records; and • Direct any service providers to delete your personal information from their records. Please note that we may not be able to comply with requests to delete your personal information if it is necessary to: • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; • Debug to identify and repair errors that impair existing intended functionality; • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
Children Under 13 FromPicToArt does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications From time to time, FromPicToArt may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from FromPicToArt or click on a link therein. If you would like to stop receiving marketing or promotional communications via email from FromPicToArt, you may opt-out of such communications by unsubscribing from emails by "replying STOP" or "clicking on the UNSUBSCRIBE button."
Contact Information FromPicToArt welcomes your questions or comments regarding this Statement of Privacy. If you believe that FromPicToArt has not adhered to this Statement, please contact FromPicToArt at: FromPicToArt@gmail.com