By accessing, browsing, and/or using the Site, you accept and agree to be bound to these Terms. In addition, when using particular Photo2Painting services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS ONCE THE ORDER IS APPROVED. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Cancellation. Orders can be cancelled within 24 hrs. of placing the order. Kindly write to us at firstname.lastname@example.org and we shall get in touch with you. It must be noted that orders cannot be cancelled or refunded after 24hrs of placing the order.
By using the Site, you promise not to:
Make unsolicited offers, advertisements, proposals, or send junk mail to users;
Impersonate another person or access another user’s account without that person’s permission;
Share Photo2Painting-issued passwords with any third party or encourage any other user to do so;
Permit third parties to use any classes booked under your own membership, including other members;
Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
Upload material (e.g. virus) that is damaging to computer systems or data of Photo2Painting or users of the Site;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Feedback. If you provide Photo2Painting with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Photo2Painting shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Photo2Painting a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into the Terms.
Ownership; Proprietary Rights
The Site is owned and operated by Photo2Painting. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Photo2Painting (“Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Photo2Painting or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Photo2Painting or its affiliates and/or third-party licensors. Except as expressly authorized by Photo2Painting, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT Photo2Painting WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Except as explicitly stated otherwise, legal notices will be served, with respect to Photo2Painting, on Photo2Painting’s national registered agent, and, with respect to you, to the email address you provide to Photo2Painting during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Indemnification; Hold Harmless
You agree to indemnify and hold Photo2Painting, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
Generally, if a dispute arises between Photo2Painting and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Photo2Painting agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Photo2Painting relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Photo2Painting as set forth in the Preamble to these Terms.
Claims; Statute of Limitations. YOU AND Photo2Painting AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.