I hereby affirm that I own the copyright to the photo or digital image provided to CanvasPeople.com or I am authorized by the owner of the copyright to the photo or digital image to use the photo or digital image for any purpose and agree to indemnify CanvasPeople for all costs and expenses in the event a third party claim is asserted with respect to the ownership rights in the photo or digital image. Once the photo or digital image is altered by CanvasPeople, or when I grant consent for use in CanvasPeople member galleries, it becomes property of CanvasPeople. I agree to hold CanvasPeople harmless for any damages or loss to the photos or digital image. Upon placing an order, I agree to have CanvasPeople adjust my order on my behalf in the event that the order cannot be completed in a manner that CanvasPeople deems necessary to ensure customer satisfaction.
Images on the CanvasPeople site may not be accurate. Art received via mail may vary in color from images on the website.
Delivery charges will be covered by you (customer). CanvasPeople.com cannot guarantee delivery times or dates due to circumstances beyond their control.
I hereby release CanvasPeople and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees from all claims of every kind related to the alteration of the photos or digital images.
I further consent to the reproduction and/or authorization by CanvasPeople, to reproduce and use said photographs for use in all domestic and foreign markets. Further, I understand that others, with or without my consent, may use and/or reproduce such photographs. In addition, by participating, I am agreeing to the use of my photo or likeness for publicity, marketing, and sale purposes with no financial or other type of compensation. I hereby waive any right to inspect or approve any publicity materials produced. These publicity materials may be used at the discretion of CanvasPeople and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees.
CanvasPeople reserves the right to refuse to print an item to canvas.
CanvasPeople, Inc. reserves the right to refuse to fill any order for a product if that product would bear a customer image that consists or may consist, in CanvasPeople's sole discretion and determination, in whole or in part of:
a. an image, character, text or other content protected by copyright and owned by a party other than CanvasPeople, Inc. or the customer submitting the image;
b. a trademark, service mark, logo or slogan owned by a party other than CanvasPeople, Inc. or the customer submitting the image;
c. any other intellectual property owned by a party other than CanvasPeople, Inc. or the customer submitting the image, or
d. any image, text or other content that is profane, vulgar, obscene, pornographic, graphically sexual or contains full or partial nudity; or any image, text or other content that is threatening, harassing, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or
e. any other material which may give rise to civil or criminal liability under any applicable law.
The customer agrees to fully indemnify and hold CanvasPeople, Inc. harmless of, from and against any liability, loss, damages, costs and attorneys fees that may be alleged against or incurred by CanvasPeople, Inc. as a result of any and all claims by third parties or law authorities related in any manner to customer images or CanvasPeople, Inc.’s manufacture of or fulfillment of orders for products bearing customer images regardless of whether or not CanvasPeople, Inc. pre-screens the customer images.
CanvasPeople may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and promotions that provide an opportunity for members to credits, coupons, prizes, or benefits, (for example, shopping credits issued to customers for referring others to CanvasPeople). Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits.
CanvasPeople may from time to time offer guaranteed delivery on or before a certain date. The guarantee applies only to orders that do not include services requiring photo editing (such as edits, enhancements, etc) and to orders that were placed on or before the specified expiration date.
If you placed an order that is subject to our delivery guarantee, CanvasPeople will attempt to have the order delivered on or before the specified date. We will determine at our sole discretion what means we will use to meet this guarantee.
In the event your order is not delivered before the guaranteed delivery date, CanvasPeople may offer you a free canvas or a refund of the shipping on your order. In no case shall we be liable for more than the price you paid for the part(s) of your order that did not arrive on time.
Credits are only for use on products available for purchase on the Web Site. Credits may be combined with coupons or other offers, and will be automatically deducted from the total in the shopping cart. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits.
Suspension for Inappropriate Conduct
CanvasPeople reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct. You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. CanvasPeople reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by CanvasPeople. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If CanvasPeople terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by CanvasPeople and such determination is final.
Program Description: Transfor Digital Media Marketing, Inc. d/b/a CanvasPeople (“Company”) has offered to provide you (“You”), and You have agreed to accept and use, a mobile alert program (the “Program”), subject to these Mobile Terms and Conditions (the “Terms”). By using the Program, You agree to be bound by these Terms. If You do not wish to continue using the Program, you can reply “STOP” to any mobile message You receive from Company and Your access to the Program shall be discontinued; provided, however, that the Terms shall continue to apply to any usage of the Program by You that predates Your election to discontinue using the Program.
User Opt In: The Program allows users to receive SMS/MMS mobile alerts that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as through texting a keyword to 484848 or any successor short code to opt into the Program. Regardless of the opt-in method You utilized to join the Program, You agree that these Terms apply to your usage of the Program. The mobile messaging service used by Company to communicate with You requires human intervention for Company’s mobile messages to be initiated, and thus Company’s mobile messages are not sent to You by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by using the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Company.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Company.
Contact Information: For support text “HELP” to any Company mobile message.
User Opt Out and Additional Commands: To opt out (discontinue using in Program), reply “STOP” to 484848, or to any Company mobile message from Your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming Your decision to opt out. For additional support, text “HELP” to 484848 to get help.
MMS: The Program will send SMS MTs if Your mobile device does not support MMS messaging.
Company Warranty: Company will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from Your wireless service provider/network operator, and is outside of Company’s control. Company is not liable for delayed or undelivered mobile messages.
To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.
The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.
Miscellaneous: You warrant and represent to Company that You have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained herein, or arising out of the performance of the obligations referenced herein will place You in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. Company reserves the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to use the Program after any such changes, you accept these Terms, as modified.
This Site and its contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of CanvasPeople.com (A Transfor Digital Media Marketing property) or its third party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of CanvasPeople or its third party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of CanvasPeople is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for your own use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. In using downloaded materials, copyright and trademark notices shall be displayed and used in the manner shown or specified. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. No reproduction of any part of this Site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication, or website. CanvasPeople shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Site. If you choose to download material from this Site you do so at your own risk.
PERSONALLY IDENTIFIABLE INFORMATION COLLECTED
The categories of personally identifiable information we may collect and have collected within the past 12 months from you include:
We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties, and we do not authorize the collection of our members' or visitors' personally identifiable information by any third parties for the third parties' use.
We may provide your personal information to companies that provide services to help us in the operation of our website or with our other business activities such as improving our marketing programs, shipping your order, or offering customer service. Such sharing includes:
sharing your billing and shipping information with payment processors and third-party logistics vendors that are assisting us in fulfilling orders you place,
sharing your personal information with third parties such as media agencies, social networks, or email service providers that are assisting us in sending direct marketing messages.
The list of companies we will share your information with includes, but is not limited to: Oracle (marketing data services), Facebook (advertising & marketing data services).
CONTACTS FROM US
If you have provided us with your e-mail address, we may notify you from time to time about CanvasPeople products or related services that may be of interest to you. If you prefer not to receive these e-mail notifications, please follow the "Opt-out" instructions included with the e-mail or contact us at support@canvaspeople.
Some of our marketing services providers participate in the Digital Advertising Alliance Opt Out Program. To opt your web browser out of interest-based advertising, visit:http://www.aboutads.info/choices/
Like most internet-based companies, we use "cookies" (small pieces of information stored on your computer) on certain parts of our website. These cookies allow us to manage your session. This ensures that we keep your order saved while you browse through the site and select items for purchase. We do not use the cookie to collect any type of personal information, and the cookie doesn't extract any information from your computer.
Most of our forms, especially when ordering a product or using online customer service, use secure pages to ensure that the information sent between your computer and our system is secure. This is especially true if we are asking you for payment information.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California “Shine The Light” law, California residents may opt-out of our disclosure of personally identifiable information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your personally identifiable information with third parties for marketing purposes at any time by changing your cookie settings on your web browsers. You can also email us at: firstname.lastname@example.org. It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes.
Under the California Consumer Protection Act of 2018 (“CCPA”), California consumers have certain rights regarding the collection and use of their personally identifiable information by CanvasPeople. Since the implementing regulations of the CCPA are not yet final and there remain differing interpretations of the law, we may from time-to-time update information in this and other notices regarding our data practices and California consumers’ rights, modify our methods for responding to California consumers’ requests, and/or supplement our response to California consumers’ requests, as we continue to develop our compliance program to reflect the evolution of the CCPA and our understanding of how it relates to our data practices.
For more information regarding the information described below, please see the following Sections:
California consumers have the right to request to know what personally identifiable information has been collected, used and disclosed about them within the past 12 months of the date of their verified request, and to access that information. California consumers may also request deletion of their personal information, though exceptions under the CCPA may allow CanvasPeople to retain and use certain personally identifiable information notwithstanding their deletion request.
We will not discriminate against you for exercising your rights under the CCPA. However, if you choose not to provide us with certain information, you may not be eligible to receive certain promotions and offers for our products and services (e.g., if you do not sign up for our newsletters, you may not benefit from receiving notifications of discounts that may be exclusively offered to our subscribers).
CanvasPeople does not “sell” your personally identifiable information as defined under the CCPA. It will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law.
If you are a California consumer, you may exercise any of your rights described in this section by contacting us via the methods listed under “HOW TO CONTACT US” below.
We will take reasonable steps to verify your identity before responding to a request, which may require you to provide (a) three specific pieces of data we have on file for you (e.g., your name, email address and billing address) and (b) a statement that you “declare under penalty of perjury that you are the person about whom the Right to Know/Delete request has been made.”
You are also permitted to designate an authorized agent to submit certain requests on your behalf. For an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity according to the above method before processing the authorized agent’s request.
If we cannot successfully verify you according to the above methods, then we will not be able to comply with your request.
YOUR NEVADA PRIVACY RIGHTS
Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt-out of the sale of certain information that the website operator may collect about them. CanvasPeople does not sell your personally identifiable information to third parties as defined in Nevada law, and will not do so without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us via the methods listed under “HOW TO CONTACT US” below.
We may limit the availability of our Sites to any person or geographic area at any time. If you access our Sites from outside the United States, you do so at your own risk.
IF YOU ARE A USER ACCESSING OUR SITES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF OUR SITES, YOU ARE TRANSMITTING YOUR PERSONAL DATA TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONALLY IDENTIFIABLE INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONALLY IDENTIFIABLE INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
HOW TO CONTACT US
22700 Savi Ranch Parkway
Yorba Linda, CA 92887
Attn: General Manager