Terms of Use
General
- I hereby affirm that I own the copyright to the photo or digital image provided to CanvasPeople.com or I am authorized by the owner of the copyright to the photo or digital image to use the photo or digital image for any purpose and agree to indemnify CanvasPeople for all costs and expenses in the event a third party claim is asserted with respect to the ownership rights in the photo or digital image. Once the photo or digital image is altered by CanvasPeople, or when I grant consent for use in CanvasPeople member galleries, it becomes property of CanvasPeople. I agree to hold CanvasPeople harmless for any damages or loss to the photos or digital image. Upon placing an order, I agree to have CanvasPeople adjust my order on my behalf in the event that the order cannot be completed in a manner that CanvasPeople deems necessary to ensure customer satisfaction.
- Images on the CanvasPeople site may not be accurate. Art received via mail may vary in color from images on the website.
- Delivery charges will be covered by you (customer). CanvasPeople.com cannot guarantee delivery times or dates due to circumstances beyond their control.
- I hereby release CanvasPeople and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees from all claims of every kind related to the alteration of the photos or digital images.
- I further consent to the reproduction and/or authorization by CanvasPeople, to reproduce and use said photographs for use in all domestic and foreign markets. Further, I understand that others, with or without my consent, may use and/or reproduce such photographs. In addition, by participating, I am agreeing to the use of my photo or likeness for publicity, marketing, and sale purposes with no financial or other type of compensation. I hereby waive any right to inspect or approve any publicity materials produced. These publicity materials may be used at the discretion of CanvasPeople and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees.
- CanvasPeople reserves the right to refuse to print an item to canvas.
- CanvasPeople, Inc. reserves the right to refuse to fill any order for a product if that product would bear a customer image that consists or may consist, in CanvasPeople's sole discretion and determination, in whole or in part of:
- a. an image, character, text or other content protected by copyright and owned by a party other than CanvasPeople, Inc. or the customer submitting the image;
- b. a trademark, service mark, logo or slogan owned by a party other than CanvasPeople, Inc. or the customer submitting the image;
- c. any other intellectual property owned by a party other than CanvasPeople, Inc. or the customer submitting the image, or
- d. any image, text or other content that is profane, vulgar, obscene, pornographic, graphically sexual or contains full or partial nudity; or any image, text or other content that is threatening, harassing, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or
- e. any other material which may give rise to civil or criminal liability under any applicable law.
- The customer agrees to fully indemnify and hold CanvasPeople, Inc. harmless of, from and against any liability, loss, damages, costs and attorneys fees that may be alleged against or incurred by CanvasPeople, Inc. as a result of any and all claims by third parties or law authorities related in any manner to customer images or CanvasPeople, Inc.’s manufacture of or fulfillment of orders for products bearing customer images regardless of whether or not CanvasPeople, Inc. pre-screens the customer images.
Promotions
- CanvasPeople may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and promotions that provide an opportunity for members to credits, coupons, prizes, or benefits, (for example, shopping credits issued to customers for referring others to CanvasPeople). Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits.
Delivery Guarantees
- CanvasPeople may from time to time offer guaranteed delivery on or before a certain date. The guarantee applies only to orders that do not include services requiring photo editing (such as edits, enhancements, etc) and to orders that were placed on or before the specified expiration date.
- If you placed an order that is subject to our delivery guarantee, CanvasPeople will attempt to have the order delivered on or before the specified date. We will determine at our sole discretion what means we will use to meet this guarantee.
- In the event your order is not delivered before the guaranteed delivery date, CanvasPeople may offer you a free canvas or a refund of the shipping on your order. In no case shall we be liable for more than the price you paid for the part(s) of your order that did not arrive on time..
Credits
- Credits are only for use on products available for purchase on the Web Site. Credits may be combined with coupons or other offers, and will be automatically deducted from the total in the shopping cart. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits.
Suspension for Inappropriate Conduct
- CanvasPeople reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct. You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. CanvasPeople reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by CanvasPeople. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If CanvasPeople terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by CanvasPeople and such determination is final.
Mobile Messaging
- The CanvasPeople mobile message service (the "Service") is operated by CanvasPeople (“CanvasPeople”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
- By consenting to CanvasPeople’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of CanvasPeople through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
- You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with CanvasPeople. Your participation in this program is completely voluntary.
- We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
- You may opt-out of the Service at any time. Text the single keyword command STOP to 57720 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other CanvasPeople mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
- For Service support or assistance, text HELP to 57720 or email support@canvaspeople.com.
- We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
- The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
- To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Copyright and Trademark Notice
- This Site and its contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of CanvasPeople.com (A Transfor Digital Media Marketing property) or its third party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of CanvasPeople or its third party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of CanvasPeople is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
- The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for your own use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. In using downloaded materials, copyright and trademark notices shall be displayed and used in the manner shown or specified. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. No reproduction of any part of this Site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication, or website. CanvasPeople shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Site. If you choose to download material from this Site you do so at your own risk.