Terms of Service

OVERVIEW

This website is operated by Painted Memory. Throughout the site, the terms "we", "us" and "our" refer to Painted Memory. Painted Memory offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"). These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose. A breach or violation of any of the Terms will result in an immediate termination of your Services.

CUSTOM & PERSONALIZED PRODUCTS

Painted Memory creates custom, made-to-order paint-by-numbers kits based on photos submitted by the customer. As such, the following specific conditions apply:

Image Submission: By submitting a photo, you confirm that you own the rights to the image or have obtained all necessary permissions from the rights holder. Painted Memory accepts no liability for any intellectual property infringement arising from customer-submitted images.

License Grant: By submitting a photo, you grant Painted Memory a limited, non-exclusive, royalty-free license to process, resize, and convert your image solely for the purpose of producing your ordered product. We will never use your image for marketing or any other purpose without your explicit written consent.

Image Quality Responsibility: The quality of the final product is directly dependent on the resolution and quality of the photo you submit. We strongly recommend uploading the highest resolution image available. Painted Memory is not responsible for poor print or conversion quality resulting from a low-resolution or low-quality source image. A preview will be provided before production begins; it is your responsibility to review and approve it.

Order Cancellation: Because each kit is custom-made, cancellations are only accepted within 24 hours of placing your order and before production has commenced. Once production has started, we are unable to cancel or modify your order.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

ACCURACY OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. We reserve the right to modify the contents of this site at any time.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

For more detail, please review our Returns Policy.

THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party sites and will not have any liability for any third-party materials, products, or services.

USER COMMENTS AND FEEDBACK

If you send creative ideas, suggestions, or other materials, you agree that we may, at any time, without restriction, use in any medium any comments that you forward to us. You are solely responsible for any comments you make and their accuracy.

PROHIBITED USES

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to infringe upon intellectual property rights; (c) to submit false or misleading information; (d) to upload viruses or any other malicious code; (e) to collect or track the personal information of others; (f) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (g) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free. The service and all products delivered to you are provided 'as is' and 'as available' without any representation, warranties or conditions of any kind.

In no case shall Painted Memory, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, or loss of data, arising from your use of the service or any products procured using the service.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Painted Memory and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the United States.

CHANGES TO TERMS OF SERVICE

We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website. Your continued use of the website following any changes constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to: info@painted-memory.com