Conditions of Use

Terms and Conditions of Use of Site and Products and Services

Please read these Terms and Conditions of Use of Site and Products and Services (“Terms”) carefully. They contain the legal terms and conditions that govern your use of and access to the Photo Into Painting website (“Site”). They also govern the provision of any product or service from Photo Into Painting to you. Photo Into Painting, and this Site, are operated by Jason Marti (DBA “Photo Into Painting”).

By visiting this Site, you are signifying your assent to these Terms and the terms and conditions of the Photo Into Painting Privacy Policy, which is incorporated herein by reference. Any products or services ordered through Photo Into Painting is governed by these Terms. Photo Into Painting may revise these Terms from time to time by posting a revised version on the Site. Your continued use of the Site after Photo Into Painting posts any changes will constitute your acceptance of such changes.

Use of the Site

You may access and use the Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, the Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time in our sole discretion.

Your Member Account

You may create a member account with Photo Into Painting by registering your name and creating a password. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Site. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify Photo Into Painting of any unauthorized use of your account.

Your Use of Site

Subject to and conditioned upon your compliance with these Terms, Photo Into Painting grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your User Submitted Materials), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site without the written consent of Photo Into Painting. While using the Site, you agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
  • Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  • Restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Violate any applicable laws or regulations;
  • Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming;
  • Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, or other destructive items;
  • Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site; and
  • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site.

If you fail to comply with the above rules, such failure shall constitute a breach of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of the Site.

Photo Into Painting Property

Photo Into Painting owns all right, title and interest, including all worldwide intellectual property rights in the Site and all content thereon other than User Supplied Material (described below) and the copyrights, images, trademarks, and logos contained therein and all intellectual property rights associated therewith. You agree you will not remove, alter or conceal any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Site or related products and services. You agree not to circumvent, disable or otherwise interfere with security related features that prevent or restrict use or copying of the Site or use, reproduce, modify, adapt, prepare derivative works based on, reverse-engineer, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site or any part thereof without the prior written permission of Photo Into Painting.

The items featured in the freebies section are licensed under the Creative Commons license and can be used for personal and/or commercial purposes. The Creative Commons license requires you to “attribute the work in the manner specified by the author or licensor”. My attribution specification: you don’t need to attribute the work to Photo Into Painting. The set may not be resold, sublicensed or otherwise made available for download.

  • You may NOT redistribute Photo Into Painting original source files from your own site. Specifically, you can not download Photo Into Painting original designs, upload them to your own server, and redistribute as your own download, in whole or in part. In order to share Photo Into Painting resources, you must link to the Photo Into Painting page where the source file is located.
  • You may NOT take any Photo Into Painting file and claim it as your own.
  • You may NOT take any Photo Into Painting file and sell it on a stock photography/vector resource site.

Copyright Policy

Photo Into Painting respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is Photo Into Painting policy to respond to notices of any actual or alleged infringement and to terminate the accounts of repeat infringers in appropriate circumstances. If you believe in good faith that a work has been copied in a way that constitutes an infringement of your copyright, you should send a notice requesting that the material be removed, or access to it blocked. The notice must include the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged to be infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact us at info@photointopainting.com for more assistance.

No Warranty

Your use of the Site is at your sole discretion and risk. The Site and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. To the fullest extent permissible by law, Photo Into Painting expressly disclaims all warranties of any kind, express, implied or statutory, relating to the Site, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. Without limiting the foregoing, Photo Into Painting disclaims any warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of the Site; (b) regarding the goods, services, advice, information or links provided by any third parties; (d) that the Site will meet your requirements; or (d) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Photo Into Painting, will create any warranty not expressly stated in this Agreement.

Limitation of Liability

To the fullest extent permissible by applicable law, Photo Into Painting shall not be liable to you for any damages whatsoever, including without limitation, direct, indirect, incidental, special, punitive, or consequential damages, resulting, arising out of or in connection with the Site (including, without limitation, such damages incurred by third parties, damages for loss of business, loss of profits or loss of data), under any contract, negligence, strict liability or other theory, and whether or not the damages are foreseeable and whether or not Photo Into Painting has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site shall be to stop using the Site.

Disclaimer

Some states or jurisdictions do not allow the exclusion of certain warranties and/or limitation of liability. Accordingly, some of the above exclusions and limitations may not apply to you.

Materials Submitted by Customer

Any materials submitted by you including, without limitation, photographs, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:

  • You will retain ownership of such User Submitted Materials, and you grant Photo Into Painting and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display such User Submitted Materials solely in connection with the provision or production of any product or service by Photo Into Painting.
  • You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that your User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
  • None of the User Submitted Materials will be subject to any obligation whether of confidentiality, attribution or otherwise, on our part or on the part of any of our assignees, sublicensees or designees, and neither we or our assignees, sublicensees or designees will be liable for any use or disclosure of any such User Submitted Materials.
  • You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, by deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any User Submitted Materials (including, without limitation, by suspending processing and shipping of any order relating to any User Submitted Materials), and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect ourselves or our affiliates, distributors, partners, licensors or other third parties, to comply with legal obligations or governmental requests, or for any other reason or purpose.
  • You agree to indemnify and hold Photo Into Painting and its owners, employees, consultants, agents, representatives, affiliates, distributors, partners, licensees, producers, manufacturers, and third party users harmless from and against any and all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your breach of these Terms, any other agreement or terms of use with Photo Into Painting, and any representation or warranty contained herein or therein; (ii) your User Submitted Materials; and/or (iii) your activities in connection with obtaining any products or services from Photo Into Painting.

Indemnification

You agree to defend, indemnify, and hold harmless Photo Into Painting, its owners, employees, agents, representatives, affiliates, partners and distributors from and against any and all claims, liabilities, causes of action, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site, any actions or activities in connection with the Site, any actions or activities in connection with your account, your violation of these Terms, or the violation of any other terms and conditions of any other agreements or terms to which you are bound with Photo Into Painting. You agree that Photo Into Painting may at any time, and without notice, suspend or terminate your access to the Site if you fail to comply with the Terms or applicable law.

Third Party Links

We may provide links to third-party websites or resources from the Site. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and Photo Into Painting does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You assume all risks arising from your use of any such websites or resources.

General Terms

These Terms constitute the entire agreement between Photo Into Painting and you with respect to your use of the Site and supersede any prior or contemporaneous agreements or understandings. These Terms may be modified from time to time by Photo Into Painting, and any use by you of the Site following such modification shall be deemed your acceptance thereof. Photo Into Painting’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Photo Into Painting shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.

Terms and Conditions for Provision of Products and Services

Photo Into Painting takes great pride in our product quality. We are honored to be chosen by you to help you obtain a quality work of art.

We strive to offer you the best possible customer service. If you are unhappy with your purchase because it is damaged or you receive the wrong item, simply contact us within 30 days of receiving your order and we will be happy to repair or replace the item at no charge to you, except for applicable shipping fees.

Please check back with us often as we are constantly adding new products to our collection. We find great joy in finding and offering unique and personal products to our customers.

Disclaimer of Warranties

Except for the express warranties contained in these terms, the products and services, including all materials incorporated therein, are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Photo Into Painting disclaims all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course dealing, course of performance or usage of trade. NOTE: Applicable law may not permit the exclusion of implied warranties, so the above exclusions may not apply to you. No statement of Photo Into Painting shall create any warranty other than those expressly contained in these terms.

Other Terms and Conditions

These Terms are governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Riverside County, California, and waive any jurisdiction, venue or inconvenient forum objection to such courts. If any provision of these Terms shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of the Terms shall remain in full force and effect. No waiver by Photo Into Painting to any default of you shall be deemed a waiver of any preceding or subsequent default. No delay or omission of Photo Into Painting to enforce any right or remedy shall be deemed a waiver of that right or remedy. These Terms constitute the entire agreement between you and us regarding the subject matter herein, and supersedes all other prior or contemporaneous oral or written agreements. These Terms may not be assigned, sublicensed or subcontracted by you without our prior written consent. These Terms may be modified from time to time by Photo Into Painting, and any order of any products or services following such modification shall be deemed your acceptance of these Terms as so modified.

If you have any questions about this Site, these Terms, or Photo Into Painting, please feel free to contact us any time at info{at}photointopainting.com or at (951) 531-5986.

BY ORDERING PRODUCTS OR USING SERVICES, OR BY OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.

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