Terms and Conditions

Welcome to our website. The Easy123art.com website (the “Site”) is comprised of various web pages, operated by Easy 123 Art, Inc. (“Easy123art”), where you may upload your photograph and order customized merchandise as well as other product-related items. Easy123art.com is offered to you on the condition that you accept, without modification, the terms, conditions, and notices contained herein (the “Terms”). Your use of Easy123art.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy.
Your use of Easy123art.com is subject to Easy123art’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications.
Visiting Easy123art.com or sending emails to Easy123art, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Easy123art is not responsible for third party access to your account that results from theft or misappropriation of your account. Easy123art and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Easy123art does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Easy 123 Art, Inc. only with permission of a parent or guardian.

Cancellation/Refund/Returns Policy.
You may cancel or change an order within 48 hours of submitting an order. Any cancellations made after this time will not qualify for a refund. For custom-made items, all sales are final. Products are sold as is. Returns are not accepted.

Orders, Availability and Delivery.
When you place an order for a product through the Site, our acceptance of your order occurs when your credit card is charged. Until then we reserve the right to cancel your order. Our ability to supply the selected products to you is subject to availability and we reserve the right to limit quantities of products we supply, to divide orders and fulfill partial orders; and to revise or terminate products and special offers. We will charge your credit card only to the extent that we are able to deliver the products to you as ordered.
We will do our best to deliver your purchases in a timely manner, but we cannot guarantee that there will be no delays in delivery, and we accept no liability or responsibility for delays caused by circumstances outside of our reasonable control.

Prices and Payments.
Posted prices are inclusive of sales tax but do not include shipping and handling charges, which vary based on your location and the products selected. Prices are subject to change at any time.

Links to Third Party sites/Third party services.
Easy123Art.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Easy123Art and Easy123Art is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Easy123Art is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Easy123Art of the site or any association with its operators.
Certain services made available via Easy 123 Art, Inc. are delivered by third party sites and organizations. By using any product, service or functionality originating from the Easy123art.com domain, you hereby acknowledge and consent that Easy123art may share such information and data with any third party with whom Easy123art has a contractual relationship to provide the requested product, service or functionality on behalf of Easy 123 Art, Inc. users and customers.

 No unlawful or prohibited use/Intellectual Property.
Easy123Art.com is ©1998-2012 Easy 123 Art, Inc. All rights reserved. All trademarks and service marks on the Site not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
You are granted a non-exclusive, non-transferable, revocable license to access and use Easy123Art.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Easy123Art that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Easy123Art, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Easy123Art.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Easy123Art, Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Easy123art or our licensors except as expressly authorized by these Terms.

Use of communication services.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Easy123Art has no obligation to monitor the Communication Services. However, Easy123Art reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Easy123Art reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Easy123Art reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Easy123Art’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Easy123Art does not control or endorse the content, messages or information found in any Communication Service and, therefore, Easy123Art specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Easy123Art spokespersons, and their views do not necessarily reflect those of Easy123Art.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to Easy 123 Art, Inc. or posted on any Easy123Art web page.
Easy123art does not claim ownership of the materials (including feedback, photos, submitted art, collectively referred to as “Submissions”) that you provide to Easy123Art or post, upload, input or submit to any Easy123Art Site or our associated services. However, by posting, uploading, inputting, providing or submitting your Submission you are granting Easy123Art permission to use your Submission in connection with the operation of Easy123Art, Inc. including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Easy123Art, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time is Easy123Art’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts.
You will be able to connect your Easy12Aart account to third party accounts. By connecting your Easy123Art account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 Promotions.
In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

 International Users.
The Service is controlled, operated and administered by Easy123Art from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Easy123Art Content accessed through Easy123Art.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 Indemnification.
You agree to indemnify, defend and hold harmless Easy123Art, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Easy123Art reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Easy123art in asserting any available defenses.

No Resale.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, Easy123art products or any portion of the Site, without the express written consent from Easy123art, Inc.

Liability disclaimer.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EASY 123 ART,INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EASY 123 ART,INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EASY 123 ART,INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EASY 123 ART,INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EASY 123 ART,INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction.
Easy 123 Art, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Kentucky and you hereby consent to the exclusive jurisdiction and venue of courts in Kentucky in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Easy123Art as a result of this agreement or use of the Site. Easy123Art’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Easy123Art’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Easy123Art with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Easy123Art with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Easy123Art with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms.
Easy123Art reserves the right, in its sole discretion, to change the Terms under which Easy 123 Art, Inc. is offered. The most current version of the Terms will supersede all previous versions. Easy123Art encourages you to periodically review the Terms to stay informed of our updates.

Contact Us.
Easy123Art welcomes your questions or comments regarding the Terms:
Easy 123 Art,Inc.
13293 O’Bannon Station Way
Louisville, Kentucky 40223-4188
Email Address: service@easy123art.com
Telephone number: (502)225-4006

Effective as of September 05, 2012

(Updated October 23, 2012)