PHOTO2PAINTING TERMS AND CONDITIONS OF USE
Last updated: August 25, 2021
Thank you for visiting www.staging-photo2painting.kinsta.cloud (to which we refer to herein, together with its Content and services, as a Site). We are an online retail store and information Site for producing custom handmade portraits painted from your photos or their compilation (the “Products”) and related products and services. By accessing our Site and/or by clicking the “I Agree” or “OK” button, you expressly acknowledge and agree that you are entering into a legal agreement with Photo2painting (Giotto Group Inc.) (together with its subsidiaries, affiliates, and/or related companies) (collectively, “we”, “us” and/or “our”)”, and have understood and agree to comply with, and be legally bound by, these Paint Your Life Terms and Conditions of Use (or these Terms and Conditions). You hereby waive any applicable rights to require an original (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 BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE OR MAKE ANY PURCHASES THROUGH OUR SITE.
We reserve the right, at our discretion, to modify these Terms and Conditions or any policy or other terms referenced in these Terms and Conditions at any time and from time to time. Such modifications will be effective upon posting on the Site, and your continued access or use of the Site thereafter means your acceptance of any changes to these Terms and Conditions or any policy or other terms referenced in these Terms and Conditions.
- ABILITY TO ACCEPT TERMS
Our Site is not structured to attract children under the age of 16 years. If you are under 16 years, please do not visit or use the Site. If you are between 16 and 18 years of age, then you must review these Terms and Conditions with your parent or guardian before visiting or using our Site to make sure that you and your parent or guardian understand these Terms and Conditions and agree to them.
- CUSTOMER ACCOUNT
During your use of our Site and in order to use our Site’ services, you may choose to or may be required to create an account (the “Account”), and by doing so you agree to provide accurate and complete information as required by the relevant Site page (the “Account Information”), and to keep the Account Information current, accurate and complete. If you choose to register to our website, you will be asked to provide us with certain mandatory information such as your name and email address, and also a password that you will use to access your Account.
You agree not to create an Account for anyone else or use the Account of another without their permission. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send a request to us by filling the contact form. If you provide information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicions that such information is inaccurate, incomplete or untrue, we reserve the right to suspend or terminate your Account and refuse your use of the Site, including, but not limited to, sales resulting from the Site.
- THIRD PARTY SOURCES AND CONTENT
- USER SUBMISSIONS
Our Site permit the uploading, sharing, posting, and publishing of Content, including videos or images, provided by you and other users (collectively, “User Submissions”). Your User Submissions may be posted to our Site, used to send commercial marketing materials, or otherwise be made publicly available. You shall be solely responsible for your User Submissions and the consequences of uploading or publishing them. We have complete discretion whether to allow publishing your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights (as defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by these Terms and Conditions. Intellectual Property Rights means any and all rights, titles and interests, whether foreign or domestic, in, under, and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and/or similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
You further represent and warrant that you have all the necessary consents and permissions from all individuals depicted in your User Submissions, including consents and permissions of parents or guardians of minors, as may be required under applicable laws.
You retain all of your ownership rights in and to your User Submissions.
You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (1) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (2) glorifies violence, celebrates the suffering or humiliation of others, including animals, displays death or cruel and insensitive; (3) displays nudity or sexual activity; (4) displays animals that are harmed or hunted; (5) is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (6) creates a risk to a person’s safety, health, or property, creates a risk to public safety, health, or property, compromises national security, or interferes with an investigation by law enforcement; (7) impersonates another person; (8) promotes or involves illegal activities, terrorism, drugs (9) is unfair or deceptive under the consumer protection laws of any jurisdiction; (10) violates export control laws, relates to illegal gambling, or illegal arms trafficking; (11) constitutes an unauthorized commercial communication; (12) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (13) breaches these Terms and Conditions.
Further to your additional relevant permission to use your User Submissions (including pictures of your painting, photos or videos of you with your painting, unboxing videos), either as part of conditions to earn our store credits or otherwise, you authorize us to use your User Submissions and derivative works thereof on our Site, social networks, in marketing messages and other marketing materials, including next to or in connection with our ads and offers that we display for advertising our products and services on our Site and other websites and platforms, including mobile apps. When giving us permission to use your User Submissions as stated in preceding sentence, you confirm that you have all the necessary consents and permissions from all individuals depicted in such User Submissions, including consents and permissions of parents or guardians of minors, as may be required under applicable laws.
- CUSTOMER PURCHASES AND PAYMENT
Estimate prices of the Products are shown on the Site and may be adjusted when you place an order depending on availability of a chosen artist and place of delivery. You will be asked to confirm a full order price at the time your order is accepted. The price of the product does not include expedited shipping, express service, framing of the painting, photo compilation, video of how your painting was created or other additional service we may provide.
To place an order, you will need to pay 20% of a full order price. We will further contact you via email you indicated when placing an order to obtain your approval of the online proofing of your painting. Upon your approval, you will be requested to complete the order and to make a final payment, including charges that may be calculated in addition to the price of the Products depending on the shipment option and additional services you may have requested or, at your sole discretion, any additional amount you would like an artist to receive as a reward for his work. It is your responsibility to make sure that a valid e-mail address for contacting you is submitted to us, as we might be not able to complete the order without additional information or confirmations to be provided by you after placing the order.
You have a right to request a refund of 20% prepayment within 30 (thirty) days from the moment we first contacted you with a request to approve the photo edit proofing via email you provided when placing the order. If you fail to do so, 20% payment made when placing the order will not be refundable.
You can only pay for Products using a debit card or credit card or other payment method via the third party payment service provider that we make available for you to use via our Site.
Payment for the Products and all applicable delivery charges are due in US Dollars or other currency option we make available for you via our Site. Any currency conversions shall be carried out by your own bank at your cost.
For more information please see our Purchase Policy below which is incorporated into these Terms and Conditions by reference.
- CUSTOMER CONDUCT; OWNERSHIP
The (1) content on our Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, technology, graphics, photos, sounds, videos, interactive features, and services and any output thereof (or collectively, the Materials), (2) and User Submissions (or together with the Materials, the “Content”), and (3) the trademarks, service marks and logos contained therein (or the Marks), are our property and/or our licensors’ property and may be protected by applicable copyright or other intellectual property laws and treaties. All other brands and names (including third-party product names) are the property of their respective owners. Accordingly, you may not use the name Photo2painting, Photo 2 Painting, staging-photo2painting.kinsta.cloud, the photo2painting logo or any other graphics or services terms or names that are our Marks or our affiliates’ Marks on any site without our express prior written consent.
You acknowledge that all Content is copyrighted under applicable law, including, without limitation, the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Under these Terms and Conditions, it is forbidden to engage in any activity that will restrict or inhibit other users from using our Site. You shall not: (1) copy, distribute or modify any part of our Site or services without our express prior written authorization; (2) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (3) disrupt servers or networks connected to our Site; (4) use or launch any automated system (including without limitation, “robots”, “spiders”, or otherwise) to access our Site; (5) parse any content within our Site or copying any source code to mimic the look and feel of our Site; (6) circumvent, disable or otherwise interfere with security-related features of our Site or features that prevent or restrict use or copying of any content or that enforce limitations on use of our Site, and/or (7) sell, license, or exploit for any commercial or non-private purpose, any use or access to the Site and Services or any Content related to that.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT AND WILL NOT ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES OF ANY KIND OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS AND CONDITIONS OR OUT OF YOUR USE OF, OR INABILITY TO USE, OUT SITE, OR THAT ARE 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. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL APPLY ALSO TO OUR LICENSORS AND SERVICES PROVIDERS WITH RESPECT TO THEIR LICENSED ARTICLES AND PROVIDED SERVICES, WHICH ARE INCORPORATED IN OUR SITE.
- OTHER RIGHTS
We reserve the right to monitor areas of our Site electronically and may at our sole discretion use and/or disclose any data or communication of any kind.
We may terminate or suspend your account and your accessibility to all or part of our Site, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.
- TERMINATION OF TERMS
These Terms and Conditions are effective until terminated by either party with no prior written notice. If you no longer agree to these Terms and Conditions, you must stop your use of and visit to our Site. You agree that any termination of your access to the Site may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Site.
- WARRANTY DISCLAIMERS
This section applies whether or not the services provided under our Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
OUR SITE, SERVICES, AND ANY CONTENT OR DATA RELATED THERETO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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 HEREUNDER AS TO 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. OUR SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON OUR SITE BY A THIRD PARTY.
WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
- APPLICABLE LAW
We make no representation that the Content in our Site is appropriate or available for use in other locations, and access to it from territories where its Content is illegal or prohibited. Those who choose to access our Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to our Site, the services provided through our Site or the Content (or a Claim) shall be governed by the internal laws of the State of Delaware and the laws the United States of America applicable therein, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the state of Delaware and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
You agree to defend, indemnify and hold us, our affiliates, subsidiaries, related companies, and our and their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (1) your use of, or inability to use, our Site; (2) your User Submissions; or (3) your violation of these Terms.
- SUBMITTED FEEDBACK
It is our desire and pleasure to hear from our customers and welcome your comments regarding our products, including our Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as Feedback), the Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on the Site or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.
- COUPONS AND DISCOUNTS
We aim to keep our Products as affordable as possible and often distribute store credits or coupon codes (collectively, “Coupons“) through various channels as part of a special offer, promotion, or as part of a refund or other payment from us. Unless otherwise noted, you may only receive one Coupon per special offer or promotion and you are not permitted to combine Coupons nor add them retroactively to your order. Coupons are not redeemable for cash. Coupons may only be used once for up to the maximum discount amount specified.
Coupons may be subject to additional offer or promotion-specific terms and conditions, such as tagging and posting photos or videos with your painting in social networks, or giving us permission to use your User Submissions for promotion purposes. We reserve the right to determine in our sole discretion whether photos or videos provided by you are suitable to be displayed in our Site or promotion campaigns and, therefore, whether you are eligible to receive certain Coupons.
You may be required to redeem Coupons by a certain date depending on the specific terms and conditions of the relevant special offer or promotion. Unless otherwise specified in a store credit, it is valid for up to 180 days from the date granted. If you do not redeem your Coupon prior to the specified date, it may expire.
Any abusive use of Coupons or violation of additional offer or promotion-specific terms and conditions, as determined by us in our sole discretion, may result in the rescission of the Coupons as well as your inability to participate in future promotions.
- ORDER PRODUCTION AND PROCESSING
Lack of information in orders may lead to delays in processing such orders. There may be cases in which we will be required to contact you in order to obtain your confirmation, including approval of relevant painting, or additional information, and such inquiries may also delay the processing of the order. In any event, we shall make reasonable efforts to notify you with respect to any delays.
- SHIPMENT AND DELIVERY
Orders will be delivered to the address that appears on your order within a reasonable time from the completion of the production and the quality checks.
Orders are usually shipped within 12 days from the date of confirmation of full payment; however, there may be delays due to external factors. The time of delivery can vary depending on the destination. Please note that additional local taxes may be applied to shipments to locations outside of the United States.
We shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in a refund of shipment cost. However, we will make reasonable efforts to assist you with respect to such delays in a timely manner.
Please be advised: All international shipments may be subject to customs regulation. Any related charges will be your responsibility. We can’t be held liable for incurred charges.
When you place your order or approve the online proofing of your painting, you will be prompted to choose service as well as shipping and delivery options. Standard service with standard shipping can take up to approximately 30-35 days from the date of the shipment. If you need your product faster, for an additional charge, you can upgrade to the express service, express shipping, or both. Upgrading your shipment does not infer overnight delivery.
We will provide you with the estimated time of delivery when you place an order and may further adjust it after you approve the online proofing of your painting. Delivery times are based on estimation only and exclude the production and verification stages.
It is important that you enter your address correctly. If the shipment is addressed to a commercial entity (e.g., an office or a hotel), please make sure to indicate that your order is to be delivered to the commercial entity that is located at such address. Failure to input any part of your address will cause delays in shipments and increase the costs of the purchased Products. We will not refund or exchange products that were shipped to an inaccurate address as a result of missing details.
It is also your responsibility to make arrangements (such as notifying a neighbour) to accept delivery on or a reasonable period after the estimated delivery time and the Products will be your responsibility from the time of delivery (or tendered delivery). We will not be responsible for any delays caused by customs clearance nor for any duties charges or fees payable on the export or import of any Products, which will be your responsibility.
Shipping claims should be addressed within 15 days from the date of the shipping.
- RETURN AND EXCHANGES POLICY
We do our best to make exchanges as simple as possible.
We are confident that you will enjoy our Products. However, if you are not completely satisfied with your artwork, within the first 30 days after delivery, you are entitled to a one-time refund, store credit (does not include the cost of any shipping that is not standard) or product exchange for a product of equal or lesser value *. No questions asked and hassle-free. The painting shall be returned to us in the original packaging. Please contact us via Live Chat for additional instructions on how to return your product.
If your painting arrives damaged, please reach out to us via Live Chat. We will either repair the damage or, if the damage cannot be fixed, we will make a new artwork for you free of charge.
If the frame you ordered with your artwork arrives damaged, we will promptly reimburse the frame price or replace it with a new one.
If the painting is lost by the courier shipping agent, we will send you a new artwork at absolutely no charge to you.
Refunds will be effected via the same method of payment used to order the product (credit card, debit card, PayPal, etc.). Please allow up to 30 days from when we receive the item (in respect to cancellations, 30 days from when the cancellation request was submitted), for the credit to appear in your account. Keep in mind that some refunds may take over 30 days from the purchase date to be processed.
*All store credits and exchanges are non-refundable.
*Refunds will only be processed up to 90 days from the delivery date.
*Store credit is valid for up to 180 from the date granted. The validity of store credit cannot be extended.
*Store credit may not be used in conjunction with certain coupons.