Terms & Conditions

TERMS AND CONDITIONS OF USE

LAST UPDTATED: JUNE 9TH, 2022

These Terms and Conditions of Use (“Terms”) govern your (“you” or “your”) use of the website located at www.portrait-painting.com and any mobile versions thereof (hereinafter, collectively, the “Site”), which is owned and operated by Portrait Painting LLC (“Portrait Painting LLC”, “we”, “us”, “its” or “our”).  Access and use of the Site is provided by Portrait Painting LLC to you on condition that you accept these Terms and Conditions of Use, and by accessing or using the Site, you agree to these Terms and Conditions of Use. If you do not agree to accept and abide by these Terms and Conditions of Use you should not access or use the Site.

Portrait Painting LLC may revise and update these Terms and Conditions of Use at any time and without notice. You are cautioned to review the Terms and Conditions of Use posted on the Site periodically. Your continued access or use of the Site after any such changes are posted will constitute your acceptance of these changes.

PRIVACY

Your use of the Site is governed by our Data Privacy and Use Policy (“Privacy Policy”), which is available on the Site. Your continued use of the Site constitutes acceptance of the terms of the Privacy Policy, including any and all changes made to the policy.

COMMUNICATION PREFERENCES

If you place an order with the Site (incomplete or complete) or contact us via email or phone, you consent to receiving service messages, such as payment confirmations, transactional notices, customer service communications and emails, product updates and order updates. You also consent to receiving other communications from us such, as newsletters, special offers, announcements, and surveys. You may opt out of some of these additional communications (newsletters) by clicking on the “unsubscribe” links, as applicable, contained within such communications.

GEOGRAPHIC RESTRICTIONS

You may not be able to access all or some of the content and services of the Site outside of the United States and such access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

USE OF THE SITE

The Site and its contents (the “Content”) are intended for your own personal, non-commercial use by customers of Portrait Painting LLC in accordance with these Terms. You may not use this Site or the Content for any other purpose. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with Portrait Painting LLC; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Portrait Painting LLC product or service if you are not expressly authorized by such party to do so; (e) using technology or other means to access Portrait Painting LLC’s proprietary information, unless such use is expressly authorized; (f) attempting to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (g) creating derivative works from or otherwise exploit the Content in any way; (h) encouraging conduct that would constitute a criminal offense, or would give rise to civil liability; (i) using the Site or the Content other than for its intended purpose, as determined solely in Portrait Painting LLC’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information; (j) interfering with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site; and (k) violating any other provision of these Terms of Use or the terms of the Privacy Policy.

INFORMATION AND PRESS RELEASES

The Site may contain information, news, and press releases in connection with its Content. As further elaborated below, the Site and its Content are provided “AS IS.”  Without limiting the foregoing, Portrait Painting LLC disclaims any duty or obligation to update any Content. Information about third parties contained in the Content should not be relied upon as being provided or endorsed by us.

CONTENT PROVIDED BY YOU TO PORTRAIT PAINTING LLC

When ordering custom products from Portrait Painting LLC, you may not submit, or instruct/require Portrait Painting LLC to use, any images or images containing third-party intellectual property that is not owned by you. By submitting custom orders and images and information associated therewith, you represent and warrant that you own all rights and interest in and to the subject matter in such images and hereby agree to indemnify, defend, and hold harmless, Portrait Painting LLC against all claims arising from Portrait Painting LLC’s use of the content provided (or instructed/required) by you in fulfilling your order, including, but not limited to, all damages and costs, including Portrait Painting LLC’s attorneys’ fees.  

INTELLECTUAL PROPERTY

All Content (including the organization and presentation of such Content) on the Site are the property of Portrait Painting LLC and/or its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names, and other similar rights.  Unless you have entered into a separate agreement with Portrait Painting LLC, any use not expressly set forth herein of this Content without Portrait Painting LLC’s written permission is prohibited.

Portrait Painting LLC and any other trademark, service mark, trade dress, and/or other indicia of source contained in the Site (“Marks”) are owned by Portrait Painting LLC, its affiliates, suppliers, or licensees or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Portrait Painting LLC or the applicable Mark holder. You may not use metatags or any other “hidden text” utilizing “Portrait Painting LLC” or any other Mark without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is owned by Portrait Painting LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

You consent that your images, photographs, videos and logos provided by you to us during or after the order process may be displayed on Portrait Painting LLC’s current and future websites, promotional emails, catalogs and/or social media.

CURRENCY OF SITE

Portrait Painting LLC updates the information on this Site regularly. However, Portrait Painting LLC cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. Portrait Painting LLC may revise, supplement or delete information, services and/or the resources contained in the Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

LINKED THIRD-PARTY MATERIALS

The Site may display, include or make available third-party content, including data, information, applications and other products services and/or materials (“Third-Party Materials”). Such Third-Party Content may be referenced by links on the Site, through third-party advertising, and by other methods which make such materials available to users. The inclusion of these Third-Party Materials and links thereto does not imply that Portrait Painting LLC monitors or endorses these links or Third-Party Material. You acknowledge and agree that Portrait Painting LLC is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality, or any other aspect thereof. Portrait Painting LLC does not assume and will not have any liability or responsibility to you or any other person or entity for any Third -Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third-parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.

INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

Portrait Painting LLC shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of the Content from this Site. Portrait Painting LLC recommends that you install appropriate anti-virus or other protective software.

SITE AND MATERIALS PROVIDED “AS IS”

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PORTRAIT PAINTING LLC DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL PORTRAIT PAINTING LLC OR ANY OF ITS DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO A HUNDRED ($100.00) U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold Portrait Painting LLC harmless against all claims or liability asserted against Portrait Painting LLC arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT/DIGITAL MILLENNIUM COPYRIGHT ACT

Portrait Painting LLC respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Portrait Painting LLC with a written communication including substantially the following information:

1.     an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2.     description of the copyrighted work or other intellectual property that you claim has been infringed;

3.     a description of where the material that you claim is infringing is located on the Site;

4.     your address, telephone number, and email address;

5.     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.     a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please address your letter to:

Portrait Painting LLC

Attn.: IP Officer

11807 Westheimer Rd, Houston, TX 77077, USA

Feel free to email admin@portrait-painting.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Portrait Painting LLC is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through this Site or via e-mail that:

a)    Portrait Painting LLC has no obligation concerning such information;

b)    the information is non-confidential;

c)     Portrait Painting LLC may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and

d)    the information is truthful and disclosure of the information does not violate the legal rights of others.

APPLICABLE LAW

The Site is controlled, operated and administered by Portrait Painting LLC from within the state of Nevada. This Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Nevada, by accessing this Site, you acknowledge and agree that all matters relating to access to, or use of this Site shall be governed by the laws of the state of Nevada and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Clark County, Nevada and acknowledge that you do so voluntarily.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

PRODUCT 

Portrait Painting LLC sells custom made paintings that are based on images provided by you. If not otherwise instructed by you, oil paints will be used for the painting. Our paintings are hand-painted, which means that the oil paints will be applied by hand by professional artists.

CANCELLATION AND REFUND POLICY

1. You may cancel your custom painting order at any time prior to shipping in writing. If cancelled before the item has shipped, a full refund of the deposit paid will be granted and the product will not be dispatched to you. Please allow up to 14 days to process you refund.

2. You may return your product to the address listed on our "Contact Us" page for a full refund. However, we will not cover the mailing expenses. We will refund the full amount you paid within 14 days after receiving the returned product.

3. Although damages during shipping are rare, they do happen. You are required to provide us photos of a) the package and label as well as b) the damaged/defective product within 72 hours of arrival. We will provide a replacement product free of charge as soon as possible, normally within 2-3 weeks.

PRODUCTION AND SHIPPING TIMELINES 

Portrait Painting LLC advertises specific production and shipping timelines (e.g. on the Site’s homepage and FAQ section) which are frequently updated due to seasonal demand/capacity changes. Those timelines are ONLY rough estimates and are usually met by the vast majority of orders, however, in some cases longer production and/or shipping durations are needed. “Painting Time” starts after all of your photos are reviewed, a painting layout simulation has been made, and we confirm that the pre-conditions for the start of the painting is met. Painting time will vary seasonally, but is usually in between 7 and 14 business days. Framing or stretching adds additional 1-3 business days. Portrait Painting LLC does not guarantee any production timeline or duration and production or shipping delays do not entitle you to a refund. Portrait Painting LLC’s products are made in China and are shipped in most cases directly from the product creator to you. The total turnaround for your order consists of the painting time plus shipping time plus time required for modifications plus time required by you to answer our communication. We ship our products usually with DHL, FEDEX, UPS, TNT or USPS. The shipping company delivering the product will require your signature in most cases. We are not responsible for delay or/and additional charges due to the provision of a wrong or incomplete shipping address. We are not responsible for import tax and/or import duties you may encounter at your country of residence if it is outside of the United States of America.

MODIFICATIONS AND PROOFING PROCESS

Portrait Painting LLC’s products are custom made based on your specifications and instructions. The process requires your swift interaction and consistent communication. You are required to answer to our communication within 24 hours in order to achieve, in most cases, a total turnaround time that is advertised on the website. Delays may add additional turnaround time to your order. Modification requests to your painting layout simulations or physical paintings require on average 3-4 business days and this duration will be added to your total turnaround time. We may limit the number of free revisions if we conclude that revision/modification requests are made not in good faith or will not lead to an acceptable final product.

GENERAL

Portrait Painting LLC’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms and Conditions of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms and Conditions of Use and all documents relating thereto be drawn up in English.

CONTACT

If you have concerns relating to this Site or these Terms of and Conditions of Use, please contact Portrait Painting LLC’s at admin@portrait-painting.com or by writing to us at 11807 Westheimer Rd, Houston, TX 77077, USA