Terms of Service
The Canvas Camera Web Site and Kiosks provides users a fun, safe and easy way to print digital photographs on canvas. You should carefully review these Terms of Sale and Service (“Terms”) before you click the "Accept" box. The following Terms of Sale and Service (“Terms”) contain the terms that govern your use of the Canvas Camera Web Site and Kiosk. The Terms of Sale and Service (“Terms”) may be changed or updated at any time, but you can always find the most recent version here.
By entering and using the Canvas Camera Website, you indicate that you accept the Terms and that you agree to be bound by and subject to them. Acceptance of the Terms creates a binding legal agreement between you and Canvas Camera that you will use the Service only in a manner that is consistent with the Terms. If you have questions about the Terms, please ask one of our dedicated personnel. Your use of the Canvas Camera Website and its services (together, the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, uncheck the “Accept” box.
Canvas Camera collects and uses your personal information to operate the Canvas Camera Web Site or Kiosk and deliver the services you have requested. Canvas Camera also uses your personally identifiable information from time to time to inform you of other products or services available from Canvas Camera and its affiliates. Canvas Camera may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Note that at any time you may opt out of being contacted by Canvas Camera for any research or product updates, through clear links at the bottom of every email.
1. User Conduct
We are committed to ensuring that our Service remains a fun and safe place to print photographs and other content. User agrees not to use this Service to process, digitize, post, upload, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of Content:
a. Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others.
d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Service.
e. Content that advocates illegal activity.
f. Content that harms minors in any way.
g. Any links to the above.
Canvas Camera has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that although Canvas Camera does not and will not examine and review all Content submitted or transmitted to the Service, Canvas Camera has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.
Notwithstanding the above, when you access the Service, you acknowledge that Canvas Camera in no way guarantees the accuracy, quality or appropriateness of Content available on the Service. In no event shall Canvas Camera, LLC ("Canvas Camera") (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.
No Resale of Service you agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the service, or access to the Service for any commercial purposes.
All the information, Content, image files, software and materials offered by our Service are protected by U.S. and international copyright laws and by other applicable laws. You understand that Canvas Camera is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Canvas Camera has a process in place to respond to your concerns. Please contact us about Copyright Infringement Claims.
Prohibited Use. You may only use the Canvas Camera service as expressly permitted by Canvas Camera. You may not cause harm to the Web Site or Kiosk or the Canvas Camera service. Specifically, but not by way of limitation, you may not: (i) interfere with the Canvas Camera service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Canvas Camera service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site or Kiosk, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Canvas Camera service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Canvas Camera 's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Canvas Camera service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms.
Prohibited Use Promise. By using the Canvas Camera service, you are promising that you are not using the Canvas Camera Service, Web Site or Kiosk for any of the Prohibited Uses.
2. Content of Your Purchase
You agree that your purchase will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Realm of Control through the use of the tool on the Canvas Camera Web Site or Kiosk You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
"Realm of Control" refers to any part of the purchase that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
As such, you agree that Canvas Camera does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. Canvas Camera works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
Canvas Camera permits users to upload images onto their products through the Canvas Camera Web Site or Kiosk. You agree that Canvas Camera is not responsible for the quality of the images you upload. The Canvas Camera Web Site or Kiosk attempt to make a "best guess" as to the best viewing distance of your image based on the internally stored DPI (Dots Per Inch) contained in the image file. The Web Site or Kiosk assumes that 100 DPI is best viewed from 3.5 feet and tries to make a best distance estimate based on that assumption.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
Images are created and stored in a variety of ways and you agree that Canvas Camera is not responsible for ensuring quality images for any image file format available on the Web Site or Kiosk.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Canvas Camera permission to use such submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Canvas Camera will have no obligation to keep any Submissions confidential. You will not bring a claim against Canvas Camera based on "moral rights" or the likes arising from Canvas Camera's use of a Submission. This Section does not apply to your Content that will appear as part of your product that you use in connection with the Canvas Camera Service.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CANVAS CAMERA, LLC (“Canvas Camera”), (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.
5. Limited Warranty
(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. CANVAS CAMERA WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED SHALL BE RETURNED TO YOU IN USABLE CONDITION.
(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, CANVAS CAMERA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CANVAS CAMERA MAKES NO WARRANTY THAT (I) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. CANVAS CAMERA MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON CANVAS CAMERA’S SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PHONE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, CANVAS CAMERA WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. Return and Refund Policy
You agree that Canvas Camera guarantees the products it sells are free from manufacturing defects and as such will be good for 30 days after purchase of the product. If the product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken product and send the photograph or the original failed or broken product to Canvas Camera. Upon receipt of the product or the photograph, Canvas Camera will send a replacement of the product or will issue Canvas Camera credit for the purchase value of the failed or broken product(s). Canvas Camera credit can be used on the Canvas Camera Web Site or Kiosk for any purchase.
Canvas Camera does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of Canvas Camera. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by Canvas Camera as to the cause of the failure or breakage.
8. Changes to Your Order
Canvas Camera provides many opportunities to review, revise and cancel the order process before actually placing your order. Canvas Camera is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree that Canvas Camera is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. A Canvas Camera employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
9. Choice of Law
The state and federal courts of California shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. You consent to personal jurisdiction and venue by the state and federal courts of the State of California.
10. Modification of Terms
You agree that Canvas Camera reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Canvas Camera shall be prospective only.
11. Entire Agreement
These Terms constitute the entire agreement between you and Canvas Camera and govern your use of the Service, superseding any prior agreements between you and Canvas Camera. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.
The failure of Canvas Camera to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.