Terms Of Service

1. Background

Welcome to portraitsoncanvas.com (referred to herein as the “Site”), an online retail store and informational platform offering custom handmade digital portraits painted from your photos (referred to as the “Products”) and associated services. By accessing our Site and/or clicking the “I Agree” or “OK” button, you acknowledge and agree to enter into a legal agreement with Trading International AS LLC (referred to as “portraitsoncanvas”, “we”, “us”, or “our”) and to comply with, and be legally bound by, the following Terms and Conditions of Use (referred to as the “Terms and Conditions”). By doing so, you waive any rights to require a non-electronic signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

If you do not agree to these Terms and Conditions, please refrain from accessing our Site or making any purchases through it. We reserve the right to modify these Terms and Conditions or any referenced policies or terms at our discretion and without notice. Your continued use of the Site after such modifications constitutes acceptance of the updated Terms and Conditions.

2. Ability to accept terms

Our Site is not intended for individuals under the age of 18. If you are under 18, please refrain from using or accessing our Site.

3. Customer Accounts

In order to utilize our Site’s services, you may be required to create an account (referred to as the “Account”). By creating an Account, you agree to provide accurate and complete information as requested on the relevant Site page (referred to as the “Account Information”), and to maintain the accuracy and completeness of this information. Mandatory information may include your name, email address, and a password for accessing your Account.

You agree not to create an Account for anyone else or permit unauthorized use of your Account. You are solely responsible for the activity that occurs within your Account and must keep your Account password secure. Any suspected breaches of security or unauthorized use must be reported to us immediately. You are solely responsible and liable for all activity associated with your Account. If you wish to delete your Account, please submit a request through our contact form.

Providing inaccurate, incomplete, or untrue information, or failure to update information, may result in suspension or termination of your Account and refusal of access to the Site, including any resulting sales.

4. Privacy

Your Account Information and any additional data collected or obtained during your use of our Site will be handled in accordance with our Privacy Policy (referred to as the “Privacy Policy”). By using our Site, you consent to the use of information provided by you or made available to us in accordance with our Privacy Policy.

5. Third-Party Sources and Content

Our Site may offer access to or interaction with content from third parties and other external sources not under our ownership or control (referred to as “Third-Party Content”). We may also facilitate communication with these third parties. The presentation or communication of Third-Party Content to you does not imply, suggest, or constitute any endorsement or approval by us of such content or the third parties involved. We disclaim responsibility or liability for Third-Party Content, or the terms of use, privacy policies, actions, or practices of third parties. You acknowledge that we provide no warranties or representations regarding the quality, accuracy, safety, legality, or suitability of Third-Party Content.

6. User Submissions

Our Site allows for the sharing, posting, and publication of user-generated content, including videos or images, submitted by you and other users (collectively known as “User Submissions”). Your User Submissions may be displayed on our Site, used for marketing purposes, or made publicly available. You are solely responsible for your User Submissions and their consequences. We reserve the right, without prior notice, to monitor, censor, edit, remove, or delete any User Submissions at our discretion and for any reason.

You represent and warrant that you own or possess the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights (defined below) in your User Submissions as outlined in these Terms and Conditions. Intellectual Property Rights include trade secrets, patents, copyrights, service marks, trademarks, know-how, and similar intellectual property rights, as well as moral rights, rights of privacy, publicity, and similar rights under applicable laws.

Furthermore, you affirm that you have obtained all necessary consents and permissions from individuals depicted in your User Submissions, including consent from parents or guardians of minors as required by law.

You retain full ownership rights to your User Submissions.

By submitting content to our platform, you agree not to send, display, post, submit, publish, or transmit any User Submission that:

1. Infringes upon copyrighted material, trade secrets, or third-party proprietary rights, including privacy and publicity rights, unless you own such rights.
2. Promotes violence, celebrates suffering or humiliation, including that of animals, or depicts death or cruelty.
3. Displays nudity or sexual activity.
4. Portrays animals being harmed or hunted.
5. Is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive, or encourages criminal behavior, civil liability, or violates any law.
6. Poses a risk to a person’s safety, health, or property, compromises public safety, health, or property, jeopardizes national security, or interferes with law enforcement investigations.
7. Impersonates another individual.
8. Promotes illegal activities, terrorism, or drug use.
9. Violates consumer protection laws in any jurisdiction, or is deceptive or unfair.
10. Contravenes export control laws, involves illegal gambling, or illegal arms trafficking.
11. Constitutes unauthorized commercial communication.
12. Contains the contact information or personally identifiable information of any third party without their express consent.
13. Breaches these Terms and Conditions.

By submitting User Submissions, you grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions on our Site and associated social media accounts.

Furthermore, you authorize us to use your User Submissions and derivative works for marketing purposes, including in advertisements displayed on our Site and other platforms, provided you have obtained all necessary consents from individuals depicted in the submissions.

We reserve the right to access, read, preserve, and disclose any User Submission or related information as necessary to comply with applicable laws, enforce our Terms of Use, address fraud or security issues, respond to user support requests, or protect the rights and safety of our users and the public.

7. Customer Purchases and Payment

Product prices displayed on the Site are estimates and may vary depending on artist availability, delivery location, and number of figures included. You will confirm the final order price upon order acceptance.

Product prices exclude expedited shipping, framing, photo compilations, or other additional services.

Orders require completion of certain details and payment, which may include additional charges for requested services.

We reserve the right to refuse or cancel orders at our discretion, without liability.

Payment methods include debit/credit cards or other options provided by third-party payment service providers.

Payment and delivery charges are in US Dollars or other acceptable currency stated on our Site. Currency conversion fees are your responsibility.

For further details, refer to our Purchase Policy.

8. Customer Conduct and Ownership

The materials, including text, documents, articles, graphics, photos, videos, and services (collectively, the “Materials”), user submissions (the “Content”), and trademarks and logos (the “Marks”) displayed on our Site are either our property or the property of our licensors, protected by copyright and other intellectual property laws. All other brands and names belong to their respective owners. Without our prior written consent, you may not use the name portraitsoncanvas, portraitsoncanvas.com, or any other graphics or services terms that are our Marks or our affiliates’ Marks.

You acknowledge that all Materials and Marks are copyrighted under applicable law, including U.S. copyright laws, and we own all intellectual property rights to the Content. Except as permitted under these Terms and Conditions, you may not use, modify, copy, upload, reproduce, or distribute any Content without our prior written approval (except for Your User Submissions).

You agree not to engage in any activity that will restrict or inhibit other users from using our Site. You shall not: copy, distribute, or modify any part of our Site without our express prior written authorization; disrupt servers or networks connected to our Site; use any automated system to access our Site; circumvent security features; or sell, license, or exploit any use or access to the Site and Services for commercial purposes.

9. User Generated Content

By submitting User Generated Content (UGC) to portraitsoncanvas, you agree to the terms of the UGC Policy without limitation. The UGC Policy may be modified periodically, and you agree to be bound by the most recent version.

UGC includes textual, audio, and/or visual content, such as commentary, feedback, and contest entries related to  portraitsoncanvas products and services. All UGC must be suitable for a family audience. You understand that your UGC may be used publicly and that  portraitsoncanvas cannot be responsible for others’ misuse of your UGC. We have no obligation of confidentiality regarding your UGC or any related information.

By submitting, posting, transmitting, or otherwise sharing your User Generated Content (UGC) with  portraitsoncanvas, you grant  portraitsoncanvas, its licensees, successors, and assigns (collectively referred to as the “Licensed Parties”) a worldwide, perpetual, non-exclusive, irrevocable, transferable, royalty-free, fully paid-up license to utilize, publish, copy, modify, create derivative works, distribute, broadcast, publicly display, and exploit your UGC in any manner, including sublicensing, without further obligation, notice, or consent from you. This license encompasses all formats, social media platforms, radio, television, film, and other media outlets, advertising, marketing, and distribution channels, whether known now or developed in the future. By submitting your UGC, you acknowledge that the Licensed Parties have provided valuable consideration for this license, and you waive any further compensation or attribution.

You understand that the Licensed Parties are not obligated to use your UGC and may decline to do so at any time and for any reason. Your UGC may be utilized for lawful purposes, including commercial ones, with or without your name or other identifying information. These uses may include informational, educational, commercial, entertainment, promotional, or advertising purposes across various platforms, including the Internet, mobile apps, social media, and traditional media outlets. For instance, your UGC may be reposted on Instagram or Twitter without attribution. The Licensed Parties may post or repost your UGC with or without acknowledging you, and such use does not imply endorsement or affiliation.

You represent and warrant that you own or have the necessary rights, licenses, consents, and releases to submit your UGC to portraitsoncanvas and grant the described license. You affirm that your UGC is original, does not infringe upon any third party rights, and does not violate any laws or regulations. Your UGC must not contain malicious code or be offensive or harmful. You agree to indemnify the Licensed Parties for any claims arising from your UGC and hold them harmless against any losses, including legal fees.

To the maximum extent permitted by law, the Licensed Parties are not liable for any damages arising from this Policy, including direct, incidental, consequential, special, indirect, or punitive damages, regardless of the cause of such damages or whether you were advised of their possibility. By submitting your UGC, you release the Licensed Parties from any claims regarding the use of your UGC, including intellectual property, publicity, privacy, or other rights you may have.

You hereby relinquish all rights in your User Generated Content (UGC), including any moral rights, whether existing now or established later under any laws. You acknowledge that the failure of portraitsoncanvas to exercise or enforce any right in this Policy shall not waive such right, nor any other right in this Policy, and that all rights and remedies under this Policy will remain available to portraitsoncanvas. This Policy is specific to you and may not be transferred without the prior written consent of the Licensed Parties. The Licensed Parties reserve the right to assign their rights and obligations, or any part thereof, to any person or entity without your consent at any time. If any provision of this Policy is deemed invalid or unreasonable by a court or arbitrator, such provision shall be separable from the remainder of this Policy, which shall be enforced according to its terms irrespective of the enforceability of the invalid or unreasonable provision, provided such enforcement aligns with the general intent of the parties as evidenced by the Policy as a whole. If you suspect that your UGC is being used without authorization by the Licensed Parties, please notify us via email at mail@portraitsoncanvas.com, providing your name, contact information, identification and ownership details of the original content, and a description and identification of the infringing content and its location.

10. Limitation of Liability

To the maximum extent permitted by law, we disclaim liability for any direct, indirect, punitive, exemplary, special, consequential, or incidental damages or losses, including but not limited to loss of data, revenue, profits, or reputation, arising under these Terms and Conditions or from your use of, or inability to use, our Site, or related to the purchase of goods or services from our Site, even if we have been advised of the possibility of such liability, damages, or losses. This limitation of liability also applies to our licensors and service providers regarding their licensed articles and provided services incorporated into our Site.

Regardless of other provisions in these Terms, if we are found liable to you for any damage or loss arising from your use of the Site or any content, our liability shall not exceed the fees paid by you to us during the twelve (12) months preceding the date of the cause of action.

The limitations, exclusions, and disclaimers in this section shall apply to all claims for damages, whether based on contract, warranty, strict liability, negligence, tort, or otherwise.

11. Other Rights

We reserve the right to terminate or suspend your account and access to all or part of our Site without prior notice, for any conduct that we, at our sole discretion, believe violates applicable laws or is harmful to the interests of another user, third-party, or us.

12. Termination of Terms

If you no longer agree to these Terms and Conditions, you must cease using and visiting our Site and notify us in writing. You acknowledge and agree that: (1) termination of your access to the Site may occur without prior notice; and (2) we may immediately deactivate or delete your account and all associated information and files, and restrict further access to such files or our Site. Additionally, you agree that we shall not be liable to you or any third-party for termination of your access to our Site.

13. Disclaimer of Warranties

This provision applies irrespective of whether the services provided through our Site are fee-based. Certain exclusions outlined herein may not apply due to applicable law.

Our Site, services, and any associated content or data are provided “as is” and “as available,” without any warranties, whether express or implied. We explicitly disclaim all warranties, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade. No representations or warranties are made regarding the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any services or content, data, results, or other information obtained or generated in connection with your or any user’s use of the Site or services. We do not guarantee that our Site will be free of bugs, security breaches, or virus attacks. Maintenance, upgrades, or other reasons may occasionally render our Site unavailable. You agree that we shall not be liable for any consequences resulting from technical issues of the internet, slow connections, traffic congestion, or server overload, nor do we warrant, endorse, or guarantee any content, product, or service featured or advertised by a third party on our Site.

We do not warrant, endorse, or guarantee any content in a User Submission and disclaim all liability for any such content.

The Site may feature chat bot functionality and interactive voice response functionality intended for general FAQ and order-related information. Any communication or information provided through such functionalities is provided as general assistance only, and these Terms of Use shall govern any conflicting information provided through such chat-bot or interactive voice response functionality.

14. Applicable Law

We make no representation that the content on our Site is appropriate or available for use in other locations. Users accessing our Site from territories where its content is illegal or prohibited do so at their own risk and are responsible for compliance with local laws. Users may not use or export the content in violation of U.S. export laws and regulations. Any claim relating to our Site, services provided through it, or the content shall be governed by the internal laws of the State of New York for non-EU and non-UK based customers, and by the internal laws of England and Wales for EU or UK based customers. Users consent to the exclusive jurisdiction and venue of courts in New York for non-UK based customers and in London, England for EU or UK based customers.

15. Indemnity

Users agree to defend, indemnify, and hold us and our affiliates harmless from any claims, damages, obligations, losses, liabilities, costs, and expenses arising from their use of our Site, User Submissions, or violation of these Terms.

16. Feedback Submission

We value and appreciate feedback from our customers regarding our products and services, including our Site. When providing feedback, please ensure that your comments are specific and relevant to our services and products. Any comments, suggestions, ideas, materials, notes, drawings, concepts, or other information you provide (referred to collectively as “Feedback”) shall become our exclusive property upon submission. We do not assume any obligation of confidentiality regarding Feedback, and we shall not be held liable for any use or disclosure of such Feedback. By submitting Feedback, you agree that we shall own all rights to the Feedback, present and future, without any compensation or obligation to you. We reserve the right to use the Feedback for any purpose, commercial or otherwise, including publication on our Site or elsewhere.

17. Contact Information

If you have any inquiries regarding our General Terms and Conditions of Use, please do not hesitate to reach out to us. You can contact us by filling out our Contact Form or by sending mail to:

800 SE 4TH AVE

STE 711

HALLANDLE BCH, FL 33009

You may also contact us via email at mail@portraitsoncanvas.com.