Terms of Service

Welcome to MyArt4Home LLC. This Web site is owned and operated by MyArt4Home LLC a member of the P2C Photography Group. The following terms and conditions apply to your use of our Web site. Please read them carefully before you enter our Web site. You must be at least 18 years of age to use the Web site. By using our Web site, you certify that you are at least 18 years of age and that you agree to be bound by these terms and conditions of use. If you do not agree to be bound by these terms of use or if you are not at least 18 years of age, please immediately exit the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Web site following the posting of changes to these terms (including MyArt4Home's Privacy Policy) will mean you accept those changes.


1. Accounts


Your MyArt4Home.com account is available for your non-commercial, personal use. Your account can be utilized to post photographs that you want to let other specified people view and order. You can also use your account to view photographs in other accounts if you have been authorized by that account holder. Any photographs in your account are password protected unless you allow other MyArt4Home account holders access to such photographs. MyArt4Home reserves the right to cancel or discontinue accounts which have been inactive for more than 90 days. We may do so at our discretion after sending an email warning to the address you used when you set up your account. If you do not respond to the email within 10 days, your account may be removed. Accounts may also be removed or disallowed in the event that there are potential violations of copyright or obscenity law. Breaches of this nature require no notice and are subject to the discretion of the MyArt4Home staff and website administrators.


2. Photographs and Products


All of the photographs featured on our Web site were created by photographers who have provided them to MyArt4Home for worldwide sale and distribution. The copyrights in the photographs are owned by the photographers thereof who have licensed to MyArt4Home the right to post them on the site and provide the services offered. You can purchase the photographs featured on our Web site from MyArt4Home in the form of photographic prints, or other photographic products such as picture frames or photo-albums (collectively, the "Products"). You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through MyArt4Home and shipped to you or your customers are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our d elivery to our shipping carrier. You may not reproduce, display, transmit, distribute or otherwise exploit the Products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of MyArt4Home. While you can add captions and descriptions to the photographs in your account in accordance with the terms hereof, you agree not to otherwise modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without MyArt4Home's prior written consent. While MyArt4Home uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and requiring the photographers to screen the photographs posted on the Web site, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can MyArt4Home ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please contact us with your request.


3. Directory Services


MyArt4Home does not provide or guarantee any of the services advertised or presented by photographers marketing in the MyArt4Home Photographer Directory ("Directory"). All communication regarding products and services offered in the Directory are solely between you and the photographer. While the Directory can help you identify photographers who can provide the products and services needed for your needs, any contract you enter into with a photographer found through the Directory is strictly between you and the photographer. In addition, any dispute you have with a photographer found through the Directory is between you and the photographer.


4. Content


You may NOT post or obtain any content using the Web site which: Is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. MyArt4Home recommends you use, an "adult-content" warning label when pictures are being shared that include legal adult content; Infringes rights of privacy, publicity or copyrights or otherwise uses content without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material. While MyArt4Home does not and cannot review all content provided to it, and is not responsible for such content, MyArt4Home reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by MyArt4Home for the purposes of delivering the offered services. MyArt4Home will not be liable for any content provided to it, including the photographs and any content added by account holders.


5. Forums and Public Communication


From time to time the site may include bulletin boards, chat rooms, or other forums ("Forums") and the information and opinions expressed in the Forums are not those of MyArt4Home or the photographers. You are solely responsible for all content you post on or submit to the Forums. You are aware and acknowledge that MyArt4Home has no obligation to monitor the Forums and you are not relying upon MyArt4Home to monitor the Forums. Furthermore, neither MyArt4Home nor the photographers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data or materials or to whom such data or materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in or through MyArt4Home. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other MyArt4Home users to join or become members of any commercial online service or other organization is expressly prohibited. By posting content to any Forum or submitting any content for addition to the photographs or any other content exhibited on the site, you grant (or warrant that the owner of such rights has expressly granted) to MyArt4Home a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe.


6. Disclaimers


THIS WEB SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE PROVIDED "AS IS" AND MYART4HOME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. MYART4HOME DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYART4HOME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT MYART4HOME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


7. Limitation of Liability


Neither MyArt4Home, nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs or Products. You acknowledge that the photographers are independent contractors of MyArt4Home and if you are not satisfied with the photographs or Products in any way, you shall look solely to such photographer(s), and not to MyArt4Home, for any damages and/or claims whatsoever relating to the photographs or Products.


8. Indemnification


In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by MyArt4Home, or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this Web site, you agree to indemnify and hold MyArt4Home, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.


9. Ownership of Our Web site


All of the content (other than the photographs) on our Web site, including without limitation, the graphics, design, and look and feel are owned by MyArt4Home and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The MyArt4Home logos are trademarks owned by MyArt4Home and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Web site.


10. Third-Party Software


MyArt4Home may make software from third-party companies available to you. To download such software, you may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. This means that MyArt4Home does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. MyArt4Home does not offer any warranty on any third-party software you download using the Web site. Moreover, you are responsible for compliance with all local laws, and you are required to comply with U. S. export laws and regulations when you use or export any software or materials provided through the Web site.


11. Third-Party Links


MyArt4Home may provide links to third-party sites that might be of interest to you. MyArt4Home has no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.


12. International Use


MyArt4Home makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.


13. Other Terms


These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by MyArt4Home regarding the use of the Web site or the use or purchase of the photographs or the Products.


MyArt4Home Product Satisfaction Policy


At MyArt4Home, superior products and reliable delivery come standard with every order. Our products undergo meticulous quality inspections to ensure they pass the highest level of scrutiny. We guarantee our products will arrive free of damage or defect, and we will replace any products, at our expense, that fail to meet these rigorous standards.


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