The following terms and conditions govern all use of the
PortraitsFromPicture.com website and all content, services, and products available through the website, including, but not limited to, the client area (collectively referred to as the Site).
The Site is owned and operated by Erika Farkas (collectively referred to as the Artist). The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies including, without limitation, the Artist’s privacy policy and procedures that may be published from time to time on this Site by the Artist (collectively, the “Agreement”). The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies including, without limitation, the Artist’s privacy policy and procedures that may be published from time to time on this Site by the Artist (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.
Uploading Content to the Site
By uploading Content, such as digital photo images (aka pictures) you agree and warrant that:
- In uploading, copying and adding Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
- The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content
- The Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
- The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party
Copyright of the commissioned portrait
The Artist maintains copyright of the finished portrait artwork. The Artist also reserved the right to use the portrait artwork image for advertising and promotional purposes. If you do not wish the Artist to use the artwork image, please
contact the Artist.
What information do we collect?
We may collect personally identifiable information from you in a variety of ways, including through online forms for ordering products and services, and other instances where you are invited to volunteer such information. When requesting a quote, the online form asks you to enter your name, e-mail address and mailing address (for determining the shipping charges).
What do we use your information for?
Any of the information we collect from you may be used to personalize your experience, improve our website, improve customer service, process transactions, send periodic emails. The email address you provide for order processing will only be used to send you information and updates pertaining to your order.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider PayPal. No credit card or other payment information will not be stored on our servers.
Payments and refunds
The Site offers products and services for sale. The Site does not handle payments for these products directly but rather refers these payments to a secure third-party payment processor such as PayPal, which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor.
Responsibility of website visitors
The Artist disclaims any responsibility for any harm resulting from the use by visitors of the Site.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except to provide products or services you’ve requested. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Copyright infringement and DMCA policy
As the Artist asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify the Artist in accordance with common DMCA policies. The Artist will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Do we use cookies?
Yes, we use cookies (which are small pieces of information that your browser stores on your computer’s hard drive) to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
Third-party links
The Site may contain links to third-party sites. These third-party sites have separate and independent terms of service and privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Intellectual property
This Agreement does not transfer from the Artist to you any of the Artist’s or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Artist. The Site logo and all other trademarks, service marks, graphics and logos used in connection with the Artist, or the Site are trademarks or registered trademarks of the Artist or the Artist’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any the Artist or third-party trademarks.
Changes
The Artist reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. The Artist may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of warranties
The Site is provided “as is”. The Artist hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. The Artist does not make any warranty that the Site will be error-free or that access thereto will be continuous or uninterrupted.
Limitation of liability
The Artist is not a lawyer or a law firm and does not engage in the practice of law or provide legal advice or legal representation. All information, products, and services provided on the site are for informational and self-help purposes only and are not intended to be a substitute for professional legal advice.
In no event will the Artist, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Artist under this agreement. The Artist shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. The Artist shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.
General representation and warranty
You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless the Artist, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between the Artist and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Artist, or by the posting by the Artist of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Toronto, Ontario. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Artist may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Changes to our terms and privacy policies
From time to time we may make adjustments to this policy. Changes will be made at our sole discretion. Site users are encouraged to check this policy for such changes. Your continued use of this site following changes to this policy constitutes your acceptance of the changes.
Contacting us
Any questions about these terms of service and privacy policy should be addressed to us via our
contact form.
This document has been last modified on April 6, 2021
