By visiting the Tails OF Hollywood website ("the Site"), you agree to be bound by the terms and conditions. If you do not agree to all of the terms and conditions, please do not use the "Site."
By ordering Custom Art from the Site, you (the Client) hereby agree to the terms and conditions outlined in this agreement.
1. Payment a) The Client shall submit order and provide payment in full prior to the Site starting Custom Art. b) Payments can be made online with a credit card, via Pay Pal, or by check. (Payment must clear before artwork will begin. Checks may take 10-14 days to clear). c) Payment shall include applicable taxes and any shipping charges if they apply. d) We will use your financial information to bill you for Custom Art or other transactions. Purchases from the Site are billed to you from Tails OF Hollywood.
2. Client Photos a) The Client shall supply digital photos for the Custom Art. Photos shall only be sent via uploaded files to the Site. b) Each photo must be a High Quality Digital File in JPG format. Minimum requirements are 2.0 MBs or more per image. c) The Site will not accept photos or other physical materials via Postal Mail or any other carrier. d) The Client’s photos, with reasonable modifications if necessary, will be used in the Custom Artwork. e) The Site will not create a portrait, painting, graphic rendition, or any form of illustration from photo(s).
3. Custom Art Previews a) Within 4-8 weeks, The Site shall create a digital preview of the Custom Art Design for the Client to review, suggest changes or approve. c) After receipt of digital preview, The Client may request six reasonable revisions to Custom Art Design at no additional cost. c) After six such revisions, the Client shall be charged an additional $50.00 per revision.
4. Approval Upon the Client’s written approval of the Custom Art Design, the Site will produce Custom Art in the manner previously selected and paid for by the Client. 5. Completion a) The Site will make reasonable efforts to produce the Custom Artwork within 7 to 10 days after Client’s written approval. b) The Site will not be held responsible for any factors that may delay the production of the Custom Artwork. 6. Shipping a) Custom Art will usually ship within 3-7 business days after Custom Artwork is produced via ground. b) All shipping is done via carriers such as FedEx or UPS or USPS. Arrival of order may be 1-7 business days after shipping date. c) Shipping transit times vary, and the Site assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive order on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. d) The Site not accept responsibility for orders that are delayed or prevented from being delivered due to incorrect information supplied by buyers (such as wrong or incomplete addresses, misspelled names, etc). Clients must pay for any replacement of order plus shipping and/or handling charges caused by their errors or omissions. We will not be liable for any damages of any kind arising from such errors or omissions.
7. Refunds a) If the client decides within 24 hours that to cancel the order, entire payment will be cancelled. b) If the client doesn’t want to continue Custom Art after the digital preview, payment will be refunded minus a nonrefundable Creative Fee of $375.00. c) If after making from one to three revisions to the Preview and the client still doesn’t approve, payment will be refunded, minus a nonrefundable Creative Fee of $675.00. d) If after making from four to six revisions to the Preview and the client still doesn’t approve, payment will be refunded, minus a nonrefundable Creative Fee of $975.00.
8. Return Policy Your enjoyment of these artworks is our top priority. Please note we do not accept returns unless your order was visibly damaged during delivery and is visually apparent. Speed up your return by following these simple steps: a) Take digital photos of your damaged product and the shipping container it arrived in (if damaged) within 48 hours of delivery. b) Contact us by email and put PRODUCT RETURN in the subject line. Describe your concerns and attach the photos. c) You will receive an email within 24-48 hours confirming that your return request is being reviewed. d) When your request is approved, you will need to ship back your order. Upon receipt, we will process the replacement of your order. No refunds will be given.
9. Custom Art Copyright a) The Client’s uploaded photo(s) shall be placed into an original work of Custom Art created and copyrighted by the Site (TailsOFHollywood(dot)com.) b) Custom Art is copyrighted in full by the Site and cannot be resold or reproduced commercially in any form for any purpose by the Client or any other party. c) The Client may post low-resolution web images of the artwork they have ordered from the Site to social websites or attached to emails. The web images cannot exceed 65 KBs. d) The Client shall not alter, obscure or attempt to delete TailsOFHollywood(dot)com’s name, trademark or mark of copyright on Custom Art. e) The Site shall solely create additional copies or modified versions of Custom Art, should the Client desire additional Custom Art in the current medium or in any other medium or material, in any size or form whatsoever. f) The Site holds the full copyright and reproduction rights to copy, exhibit, publish, display, distribute, market and sell works of the Custom Art without Client's photo. g) The Client holds full copyright to their uploaded photo of pet used in Custom Art.
10. Device Imagery a) Computer monitors and/or screens on mobile devices or any other kind of electronic device on which clients view Custom Art may change or distort the image, including but not limited to colors, hues, tones, shapes, sizes, clarity, opacity, etc. b) In such regard, the Site shall not be held responsible or liable for any discrepancy or inconsistency between Custom Artwork as it appears on any computer and/or electronic device and the finished Custom Artwork delivered to and previously approved by the Client.
11. Installation The Site does not install Custom Artwork, nor does it accept responsibility or liability for any Custom Artwork installation.
12. Promotion and Advertising a) The Site reserves the right to use artwork created for the Client for promotional and advertising purposes only. b) The Client reserves the right not to have the artwork created for them used for such purposes. If so, the Client must notify the Site in writing.
13. Electronic Communications You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
14. Security a) The Site has security measures in place to protect customer information and takes reasonable precautions to protect against the loss, misuse and unauthorized access of your personal information under our control. Because the security of your personal information is a high priority, we have taken numerous steps to ensure that it is processed confidentially, accurately and securely. The Site uses encryption technology, such as Secure Socket Layer (SSL) technology, which is supported by the vast majority of modern Internet browsers. b) SSL technology represents the highest level of security available on the Internet, automatically encrypting information traveling over the Internet, verifying the identity of the transacting servers through certificates and digital signatures, and confirming that the integrity of the message content is maintained throughout its transmission. c) However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while the Site is committed to protecting your information, we cannot ensure or warrant the security of any information you transmit to us.
15. Personal and Business Information Certain areas of the Site ask for personal information (such as your name, address, email address and telephone number) and business information (such as business name, address and telephone number). The Site only collects personal and business information that you voluntarily provide to us, such as when you make a purchase or request a quote.
16. Financial Information When you make a purchase on the Site, we request that you provide financial information, such as account or credit card numbers. By making a purchase on the Site, you consent to our providing your financial information to our services providers and such third parties as we determine is necessary to process your transaction, such as credit card companies and banking institutions used to process the transaction.
17. Use of Information a) The information collected on the Site is used to process requests, to fulfill orders, for customer service, to market and improve products and services, to customize your experience on the Site, and to contact you with updates to the Site and other information. The Site may also use your information to provide you with information we believe may be of interest to you. b) If you do not wish to receive marketing information, email us through our Contact Form. Email messages will also provide you with an opportunity to opt-out of receiving this information. Please note, changes to your preference may not be effective immediately. c) Our policy is to not give, sell or otherwise distribute the information collected through this Site to third parties outside of the Site and its distributors or subsidiaries (unless you allow us to or required by law); provided, however, in some cases we may use suppliers to assist us in collecting, using or otherwise processing for our benefit the information obtained through this site. d) For example, the Site uses an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. Our practice is to require our suppliers and vendors to conduct themselves in a manner consistent with this policy and our requirements.
18. Your Account If you use the website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
19. Site Copyright Notice All content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of the Site. TailsOFHollywood.com and any and all other marks appearing on the Site are trademarks of the Site in the United States and other jurisdictions. Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
We grant you a limited, revocable license to access and make personal use of the website as our customer or visitor. However, you are not permitted to:
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
20. Use Restriction a) You may only use this Site to make legitimate orders to purchase the products or services and shall not use this Site to make any speculative, false or fraudulent orders. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. b) It is a violation of law to place a request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
21. Suggestions and Ideas You may submit suggestions, ideas or questions via our Contact Page. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
22. Limitation of Liability We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
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