Terms & Conditions PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. 1. Effective Date: This Agreement was last updated on March 28, 2010. 2. Acceptance of Terms: Photos and Art on Canvas. ("PAAOC") and its suppliers and designees provide this site (www.Photosandartoncanvas.com) and its site-related services, (collectively, the "Site") subject to your acceptance and compliance with the terms and conditions set forth below (the "Agreement"). By using the Site, you are acknowledging that you agree to be bound by all of the terms and conditions of this Agreement. 3. Changes in Terms & Conditions and the Site: This Agreement outlines the legally binding terms for your use of the Site. PAAOC reserves the right to modify this Agreement from time to time, for any reason, without notice. PAAOC will post the Effective Date of any modified provisions of this Agreement by the date listed in Section 1 above. PAAOC reserves the right at any time to: (1) change the Site, including changing any prices, fees or charges related to the Site; or (2) including limiting availability of, eliminating, or discontinuing any product, service, or any other content on or feature of the Site. Any changes shall be effective immediately upon notice thereof, which may be given by any means reasonably calculated to provide notice, including but not limited to posting on the Site or transmission via electronic mail. After date of any such changes, use of our Site constitutes (1) acknowledgement by you of our modifications, and (2) an agreement by you to abide and be bound by this Agreement and its modifications. 4. Registration: You must register with PAAOC’s Site to submit orders. In doing so, you represent and warrant that you are at least 14 years of age and the information contained therein is truthful and accurate. Your willful provision of inaccurate or unreliable information shall constitute a material breach of this Agreement and be a basis for termination. In the course of the registration process, you must specify your email address and a password (your "Login Credentials"). You are solely responsible in all respects for all use of and for protecting the confidentiality of your Login Credentials. You agree to notify PAAOC immediately of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Site. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused. PAAOC has no duty or obligation to verify the identity of a customer and may assume, without independent investigation, that any person who logs on to this Site through your password does so with your consent and approval. 5. User Conduct and Responsibilities: You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site. Your use of the Site is subject to all applicable local, state, national and international laws and regulations. You represent and warrant that: • you are an authorized user of this Site. • you will not transmit through or otherwise post to the Site any unlawful materials, including without limitation matter that may be construed as violation of a copyright, a patent, or a trademark infringement, and/or theft of trade secret, an invasion of privacy, violation of a right of publicity, or any other right of a person or party. • all information that you provide to PAAOCwhen purchasing product or services on the Site is accurate and complete, including without limitation shipping information. • you agree to and will pay all charges incurred by you or any other members of your account by credit card or other payment mechanism at the prices in effect when such charges are incurred, including any applicable taxes relating to your purchases. • your use of the Site does not violate the law of your State or any local law or regulation, and you shall be responsible for any such violation(s). 6. Suspension, Termination: If you violate any of the terms in this Agreement, PAAOC may suspend or terminate your use of the Site. 7. Making Purchases: Due to customs taxes that may be incurred during delivery to International locations, additional charges may apply to your order. Shipping delays may occur if local holidays are being observed. 8. Establishing Credit Accounts: If you complete and return to PAAOC a credit order form, you may obtain services through the Site on account. PAAOC may, at its discretion, set credit limits for you and decline to provide services in excess of such limits. If you obtain services on account you will be invoiced by PAAOC for all services obtained through the Site and shall pay PAAOC such invoiced amount within thirty (30) days of the date of the invoice. All invoiced amounts not timely paid shall accrue interest at a rate of 11/2% per month (or, if lesser, the maximum amount permissible by law). You may be entitled to receive a discount for each printing job utilizing the Site, in accordance with the discount policies established by PAAOC and in effect from time to time, until such time as the credit order form has been terminated. The credit order form shall be effective as of the date it has been executed by you and accepted by PAAOC and shall continue until terminated by either PAAOC or you, in PAAOC 's or your sole discretion, with or without cause. Notwithstanding the foregoing, it is agreed that the provisions regarding your payment obligations to PAAOC will survive any termination of the credit order form. 9. Void Where Prohibited: Although this Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. PAAOCreserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such Product or service that it provides. Any offer for any Product or service made on the Site is VOID where prohibited. 10. Site Content and Intellectual Property: All content on this Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their arrangement (the "Site Content"), belong to and are the proprietary property of PAAOC or its licensors with all rights reserved. No Site Content may be modified, copied, reproduced, republished, downloaded, distributed, framed, displayed, posted, transmitted, used, or sold in any form or by any means, in whole or in part, without the prior written permission of PAAOC, excepting only your own material that you legally upload to the Site. The contents on this Site are: Copyright (c); 2010 Capital Imaging, Inc. All rights to the use of photosandartoncanvas.com are reserved and the Photosandartoncanvas.com logo are trademarks of PAAOC. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws. Nothing in this Agreement shall be construed as conferring any license or right to any PAAOC intellectual property, including without limitation PAAOC 's Print-On-Demand, printing, copying, duplication, collating, assembly, binding, storage, inventory, kitting, and delivery Services, whether by implication, estoppel or otherwise. 11. Privacy Policy: We make every effort to maintain the privacy of our users. Your use of the Site is subject to and governed by our Privacy Policy (include link). By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States. 12. Disclaimer of Warranty; Limitation of Liability: THE SITE AND ITS CONTENT, ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, AND ANY SOFTWARE PROVIDED BY PAAOC OR ITS DESIGNEES FOR USE IN CONNECTION WITH THE SITE OR WITH THE PRODUCTS AND SERVICES DESCRIBED ON THE SITE (THE "SOFTWARE"), ARE PROVIDED ON AN "AS IS" BASIS. PAAOC does not guarantee the results of address verification. CI does not guarantee the shipping cost for International Shipping under our 100% satisfaction guarantee. UNDER NO CIRCUMSTANCES SHALL CI OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF (a) any product or service offered or sold through the site, or (b) your use or misuse of or reliance on the site. This limitation of liability shall be applied to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages arising from any claim relating to this agreement or services or products provided by PAAOC or the use of this Site Regardless of the theory, including but not limited to claims based on warranty, contract, tort (including negligence), or otherwise, (even if PAAOCor its licensors have been advised of the possibility of such damages). This limitation of liability shall apply whether the damages arise from any product or service offered or sold through the site, use or misuse of and reliance on the provisions this site, from inability to use the site, or from the interruption, suspension, or termination of the site (including such damages incurred by third parties). This limitation shall also apply in regard to damages claimed or incurred by reason of any goods, services, information, or advice received through or advertised on the site or received through any links provided in the site. This limitation shall also apply to the costs of procurement of substitute goods or services, lost profits, or lost data. This limitation shall also apply in regard to the performance or non-performance of the site or any information or merchandise that appears on this Site directly or by link to this Site. This limitation also will apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. In no event shall the aggregate liability of PAAOC, whether under theory of contract, tort or any other claim of liability, (a) arising from any or all orders made through the Site exceed the total price of such order(s). Note: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. 13. Indemnity: Each User of this Site, by such use, agrees to indemnify and hold PAAOC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any material you upload to the Site, your use of the Site, your conduct in connection with the Site, or any violation of this Agreement or of any law or the rights of any third party. Further You agree to indemnify and hold PAAOC harmless from any claims and to reimburse PAAOC for any fees or expenses that may be assessed (a) as a result of a recipient's address being incorrect, (b) if the package has to be returned to PAAOC due to incorrect address information, and (c) if the package is requested to be reshipped. Any such fees and expenses will be assessed to your account. A request for Signature Release on any package authorizes PAAOC to deliver your shipment without obtaining a signature and signifies your agreement to indemnify and hold harmless PAAOC from any resulting claims. 14. Miscellaneous. Entire Agreement. These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Headings, Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Waiver and Severability of Terms. The failure of PAAOC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or the waiver of such provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by PAAOC. If any provision of this Agreement 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 this Agreement remain in full force and effect. Statute of Limitations. You and PAAOC agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law. Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, excluding its conflict of law provisions. You and PAAOC agree to submit to the exclusive jurisdiction of the courts Ingham County in the State of Michigan. No Conflict. In the event there is a conflict between the terms and conditions of this Agreement and any Order, the terms and conditions contained in this Agreement shall prevail. Arbitration. Any claim, dispute or controversy arising out of or in connection with or relating to this Agreement or the breach or alleged breach thereof shall be submitted by the parties to arbitration by the American Arbitration Association in the City of Lansing of Michigan, United States of America under the commercial rules then in effect for that Association except as provided herein. The award rendered by the arbitrators shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof; provided, however, that nothing in this Paragraph shall be deemed as preventing either party from seeking relief from the courts as necessary to protect either party's name, proprietary information, trade secrets, know how or any other appropriate provisional remedy. The parties shall be entitled to discovery as provided in the Code of Civil Procedure of the State of Michigan. Cancellation of an Order. You may cancel any order placed with PAAOCprovided that PAAOC receives the cancellation prior to the shipment of your order. You agree that you will be responsible for all charges related to work performed by PAAOC prior to the receipt of your cancellation, which will include the entire cost of your order (excluding shipping) in the event that PAAOC has commenced production prior to the receipt of your cancellation. If You wish to cancel an order, please contact PAAOC Customer Service. Export Controls. You are responsible for complying with all applicable United States laws, rules and regulations relating to export compliance. Without limiting the generality of the foregoing, You shall ensure that all of your content or data is not subject to U.S. export controls, or, to the extent any such content or data is subject to export controls, You will so notify PAAOCmmediately and You will implement all necessary security and access measures required to comply with all applicable U.S. laws, rules and regulations. You further represent and warrant that You are not yourself subject to export restrictions imposed by any such laws, rules and regulations. Use of Promotional Codes. PAAOC may from time to time make promotional codes available to certain users for the purpose of providing certain discounts or other special offers. These codes have not been authorized by PAAOC for general public use. If you use a PAAOC promotional code, you are representing and warranting that you have been authorized by PAAOC to utilize the promotional code. PAAOC reserves the right to refuse all and any use of a promotional code for unauthorized use or other misuse. In addition, you understand that you will be charged for the cost of your order in the event that you have violated these terms.