Welcome to Canvas Print Studio. We thank you for visiting our site and we look forward to creating your custom prints.
Use of the CanvasPrintStudio.com website constitutes your acceptance of and agreement to the Terms of Service (“TOS”) agreement. The TOS contains the terms and conditions that govern your use of the website and the Canvas Print Studio Service (as defined below).
Canvas Print Studio reserves the right, at any time, to add, delete and/or modify any of the terms and conditions contained in this TOS, by posting an updated or a new agreement on the website. If any modification is unacceptable to you, then do not access the website or use any of the services therein. Your continued use of the website following an update, modification, change or new TOS agreement will constitute binding acceptance of the TOS and any changes therein.
1. The Canvas Print Studio Service
Canvas Print Studio offers a number of services through the website collectively referred to in the TOS as the "Canvas Print Studio Service". One such service enables users to create and purchase their customized prints, collectively referred to as “Products” in the TOS. The Products and Services offered on the website may change from time to time. Canvas Print Studio users may create and purchase Products for their own personal use. Commercial use of the website, Products or Services by users is expressly prohibited.
2. Use of the Website and Canvas Print Studio Service
Eligibility. Canvas Print Studio will only knowingly provide services to parties that are age 18 or older. If you are under the age of 18, but at least 13 years of age, you may use the website only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The Canvas Print Studio website and services are not intended for children under the age of 13.
Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Canvas Print Studio website and services.
Your License to Use the Website and the Canvas Print Studio Service. Canvas Print Studio solely and exclusively owns all intellectual property and other rights, title and interest in and to the Canvas Print Studio Service and the website, except as expressly provided for in the TOS. For example and without limitation, Canvas Print Studio owns the copyrights in and to the website, and certain technology used in providing the Canvas Print Studio Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by Canvas Print Studio.
Canvas Print Studio grants you a limited revocable license to access and use the website and the Canvas Print Studio Service for their intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the website for purposes prohibited by Canvas Print Studio; to compete with Canvas Print Studio; to create derivative works based on the content of the website; or download or copy the website (other than page caching). If you use the website in a manner that exceeds the scope of this license or you breach this TOS, Canvas Print Studio may revoke the license granted to you.
3. General Rules
Prohibited Use. You may only use the Canvas Print Studio Service as expressly permitted by Canvas Print Studio. You may not cause harm to the website or the Canvas Print Studio Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Canvas Print Studio 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 Print Studio Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the website, 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 Print Studio Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Canvas Print Studio's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Canvas Print Studio Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.
Ordering Policies. If you purchase Products, you agree to do so in accordance with instructions provided on the website.
Service Description. As part of the Canvas Print Studio Service, Canvas Print Studio offers a service that allows you to upload images, photographs, graphic designs, and other content (collectively, "Content") to the website to create, produce, and purchase Products featuring the uploaded Content for your own use.
Delivery of Content. You will upload or deliver to Canvas Print Studio all Content that you want to use with the Canvas Print Studio Service in accordance with the applicable instructions on the website. Canvas Print Studio may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Canvas Print Studio Service.
Licensing Your Content to Canvas Print Studio. You will retain ownership of the Content that you upload to the website. You hereby grant to Canvas Print Studio a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Canvas Print Studio deems necessary to enable you to use the Canvas Print Studio Service to create, produce and purchase Products. Canvas Print Studio may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the Canvas Print Studio Service, processing your order, and producing and shipping your Products.
5. Reservation of Rights
Monitoring. Canvas Print Studio reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the website. If Canvas Print Studio determines, in its sole and absolute discretion, that you or another Canvas Print Studio user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, Canvas Print Studio may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
Modification of the Service. Canvas Print Studio reserves the right to modify the organization, structure or "look and feel" of the Canvas Print Studio Service or the website, and may change, suspend, or discontinue any aspect of the Canvas Print Studio Service at any time without any liability to you or any third party. Canvas Print Studio shall have complete discretion over the features, functions, prices and other terms and conditions on which the Canvas Print Studio Service is offered to Canvas Print Studio users.
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 Print Studio permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Canvas Print Studio will have no obligation to keep any Submissions confidential. You will not bring a claim against Canvas Print Studio based on "moral rights" or the likes arising from Canvas Print Studio's use of a Submission. This Section does not apply to your Content that you use in connection with the Canvas Print Studio Service.
7. Representations and Warranties
Mutual Representations and Warranties. You represent and warrant to Canvas Print Studio and Canvas Print Studio represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
By You. You represent and warrant to Canvas Print Studio that, in your use of the Canvas Print Studio Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Canvas Print Studio that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Canvas Print Studio will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Canvas Print Studio incurs in providing the Canvas Print Studio Service; (iii) the use of any instructions, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions
Disclaimer of Warranties. Canvas Print Studio provides the website and Canvas Print Studio Service on an "as is" and "as available" basis. Canvas Print Studio does not represent or warrant that the website, Canvas Print Studio Service or its use: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with the hardware or software you use. Canvas Print Studio makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
9. Limitation of Liability
Limitation of Liability. Canvas Print Studio will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of Canvas Print Studio’s service or this TOS, based on any cause of action, even if advised of the possibility of such damages. Except for a breach of a party's representations and warranties under this TOS or in connection with your indemnity obligations under this TOS, in no event will the liability of either party in connection with this TOS exceed the greater of (i) the amount paid by Canvas Print Studio to you during the six months immediately preceding the event that gives rise to such liability or (ii) $100.
You must indemnify and hold Canvas Print Studio and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify Canvas Print Studio under this Section, Canvas Print Studio will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Canvas Print Studio's express written permission.
Termination. In its sole discretion, with or without notice to you, Canvas Print Studio may: (i) suspend, limit your access to or terminate your use of the Website and/or the Canvas Print Studio Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Canvas Print Studio's servers and directories and (iv) prohibit you from using the Canvas Print Studio Service and/or the Website.
Survival. Notwithstanding paragraph above, this TOS will survive indefinitely unless and until Canvas Print Studio chooses to terminate this TOS.
Effect of Termination. If you or Canvas Print Studio terminates your use of the Website or the Canvas Print Studio Service, Canvas Print Studio may delete any Content or other materials relating to your use of the Canvas Print Studio Service on Canvas Print Studio's servers or otherwise in its possession and Canvas Print Studio will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Canvas Print Studio, you must use the following addresses: Canvas Print Studio, 22431 Antonio Parkway, Suite B160-139, Rancho Santa Margarita, CA 92688 or by email to email@example.com. If Canvas Print Studio provides notice to you, Canvas Print Studio will use the contact information provided by you to Canvas Print Studio. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Canvas Print Studio website or Canvas Print Studio Service will be exclusively resolved under California law presided by courts located in Orange County, California. If any provision within the TOS is found to be contrary to law or invalid by a Court with jurisdiction then all other provision shall remain in full force and effect.