PortraitFlip Terms & Conditions
Last Updated: 14th January 2022
- Company Background
We welcome and thank you for visiting www.portraitflip.com (referred herein as “site”, “we” or “us”). We are an E-commerce dedicated to producing custom handmade portrait painted from photos or their compilation, restoration or related product and services. By accessing the Site and/or by clicking to any “I agree” or “OK” button, you give consent and agree to enter into a legal agreement with: (i) PORTRAITFLIP LLC if you are a non-Indian customer; or (ii) PORTRAITFLIP E-COMMERCE PVT. LTD. if you are an Indian customer, and have understood and agreed to comply the following Terms and Conditions of Use.
If you do not agree to be bound by the PortraitFlip terms, please do not access the site or make any purchases.
Please note that these terms are subject to change and will be effective upon posting on site. You continued access or use of site thereafter means your acceptance to any changes to the Terms and Conditions or any policy in these Terms and Conditions.
- Acceptance of Terms
PortraitFlip is not structured to attract children under the age of 16 years. If you are under the age of 16, it is requested that you do not visit the Site. If monitored by an adult, you can visit the website if you are between 16 to 18 years of age. Kindly review the Terms & Condition with a guardian before making use of the site or accessing our products.
- Customer Account
You are solely responsible for any activity that happens in your account and you must keep it with utmost secrecy. By creating an account you agree not to create an account for anyone else, use the account of another without their permission or permit any use in your account by anyone else. You must contact us immediately in case of any breach of security or unauthorized log in to your account. Between you and site, you are solely responsible for any activity in your account. If you wish to delete your account, you can contact us through the chat widget on the bottom left corner or write an email to email@example.com.
If any information provided by you is unclear, untrue or inaccurate, PortraitFlip reserves the right, without prejudice, to suspense or terminate your account and refuse you the accessibility to the site including, but not limited to, sales resulting from the site.
- Third Party Services, Sources and Content
- User Consented Data
PortraitFlip allows uploading, sharing and publishing content including images and videos provided by the user in agreement. These are collectively called “User Consented Data”. The User Consented Data may be posted on the site, used for marketing, commercial or can be made publicly available for adverts. The user shall be solely responsible for the data and the consequences attached to publishing or uploading them. PortraitFlip has complete discretion whether to allow publishing your data and the site reserves the right to monitor, censor, edit, delete, and/or remove any or all of the data at any given time without further notice.
An individual represents and warrant that he/she owns or have the necessary rights to use and authorize us to use all the Intellectual Property Rights. 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, including 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 consent that you own or have the rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Consented Data 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 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 Consented Data 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, libellous, 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 risks 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 or drugs; (9) is unfair or deceptive under the consumer protection laws of any jurisdiction; (10) violates export control laws, related 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 the painting, photos, unboxing videos, time-lapse videos, etc, you completely authorize us to use the User Consented Data and derivative works thereof on the website, social networks, marketing and other marketing materials including our adverts, offers, product display, services on the sir and other platforms including our social media. By giving us the permission to use the data as stated, you confirm that you have all the necessary consents and permissions from all individuals depicted in such Consented Data, including permissions of parents or guardians of minors, as may be required under applicable laws.
- Customer Purchases
The pricing of each product is displayed on the website which is subject to change when you place an order depending upon the finishing option and the type of delivery service. You will be asked to confirm the full order price at the time your order is accepted by us. The price shown on the site does not include express shipping, framing or other additional services like our Time lapse video service. These come under additional services and needs to be selected by the user during the course of purchase.
To place and confirm an order, the user needs to pay an advance of 30% of the full order value. We will further contact you via your registered email address to take the approval of the online proofing of the customizations and the painting. Upon your approval, you will be requested to complete the order by making the final payment including charges that may be calculated in addition to the price of the Products depending on your chosen shipment and additional services requested or, at your sole discretion. Any additional amount that you would like an artist to receive as a reward for his/her work will be sent a link for if asked by the user. It is the user’s sole responsibility to make sure that a valid e-mail is submitted for contacting and is thoroughly responded to when received an email from the company. We might be unable 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 the 30% prepayment within 30 (thirty) days from the moment you placed the order. If you fail to do so, 30% payment will not be refundable.
PortraitFlip reserves the right to refuse or cancel your order, in whole or in part, without liability to you, at any time at our sole and exclusive discretion, including without limitations for reasons relating to or originating in errors, public interest and/or Company’s values and standards.
You can only pay for products using a debit or a credit card using our third party service provider namely Stripe that we make available for you to use vie our site.
Payment for the products and all applicable delivery charges are due in US Dollar for www.portraitflip.com and in INR for india.portraitflip.com. Any currency conversions shall be carried out by your own bank at your cost.
For more information please read our Terms by reference.
- Code of Conduct; Customer Ownership
The (1) content on our Site, including without limitation, the text, articles, gallery, description, product, technology, sounds, videos, interactive features, and services called “Materials”, (2) User Consented Data, and (3) the trademarks, service marks and logos contained therein (the “Marks”), and our property and/or our licensors’ sole property and are protected by applicable copyright or other intellectual property laws and treaties. All other third party products are the property of their respective owners. (3) the trademarks, service marks and logos contained therein (the “Marks”), are our property and/or our licensors’ sole property and are 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. You may not use the name PortraitFlip, PF, portraitflip.com, the PortraitFlip logo or any other graphics or services terms or names that are our Marks or our affiliates’ Marks without our express prior written consent.
You acknowledge that all Material and Marks are copyrighted under applicable law, including, without limitation, the U.S. copyright laws, and we own all intellectual property rights to the selection, coordination, arrangement, and enhancement of such Content. Except as required for use and access to the site as permitted hereunder, you may not use, modify, copy, emulate, upload, post, reproduce, or distribute any Content in any way, without obtaining Company’s prior written approval (except for Your User Submissions).
It is forbidden under these Terms and Conditions 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 priori written authorization; (2) use, modify, create derivation 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 explicit for any commercial or non-private purpose, any use or access to the Site and Services or any Content related thereto.
- 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, our 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.
Notwithstanding the other provisions of these terms, if we are found to be liable to you for any damage or loss which arises out of or is in anyway connected with your use of the site or any content, our liability shall in no event exceed the fees paid by you to us during the twelve (12) months period immediately preceding the date on which the cause of actions arose.
The limitations, exclusions and disclaimers in this sections 9 shall apply to all claims for damages, whether based in an action of contract, warranty, strict liability, negligence, tort, or otherwise.
- Other Rights
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, believes in violation of any applicable law or is harmful to interests of another user or a third-party or us.
- Termination of Terms
If you no longer agree to these Terms and Conditions, you must stop your use of and visit to our Site and notify us in writing of the same. You acknowledge and agree that: (1) any termination of your access to the Site may be affected without prior notice; and (2) 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 “available” basis, and without warranties of any kind either express or implied. We hereby disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, noninfringement, 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 r 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 do not make any representation or warranty with respect to, and disclaim 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): (i) if made by non-Indian based customers shall be governed by the internal laws of the State of New York; and/or (ii) if made by Indian based customer shall be governed by the internal laws of India as claimed by Delhi laws. You irrevocably agree that a final judgement in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgement 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 when providing feedback with respect to our services and products. If you send us comments, suggestions, ideas, materials, notes drawings, concepts, or other information shall be deemed and shall remain our exclusive 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 Feedback, including the right to publish on the Site or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.
If you have any questions regarding our General Terms and Conditions of Use, please feel free to write an email to us at firstname.lastname@example.org.