1. They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
2. They have no cash value, and cannot be resold.
3. If they have a minimum order requirement, the order value before tax must meet the minimum order threshold for the offer to be activated.
4. They do not apply to (a) any previous order(s), (b) shipping, care, handling or taxes, (c) specially-marked products; or (d) bulk or corporate purchases of ten (10) units or more.
5. Except where required by law, they cannot be redeemed for cash, check, or credit.
6. They do not affect normal retail prices (which are subject to change).
   
   Percentage Off Offers are subject to the following terms and conditions:

1. They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
2. They have no cash value, and cannot be resold.
3. If they have a minimum order requirement, the order value before tax must meet the minimum order threshold for the offer to be activated.
4. They do not apply to (a) any previous order(s), (b) shipping, care, handling or taxes, (c) specially-marked products, or (d) bulk or corporate purchases of ten (10) units or more.
5. Except where required by law, they cannot be redeemed for cash, check, or credit.
6. They do not affect normal retail prices (which are subject to change).

Gift Cards

You may from time to time have the ability to purchase, receive, send, receive and/or activate through us digital gift cards (each, a “Gift Card”).

We will send each Gift Card to the recipient for which the purchaser thereof has provided us with the recipient information that we require. The recipient may be the purchaser themselves or a third party. Gift Cards are redeemable only through the merchant that is selected by the Gift Card purchaser in the purchase process (the “Merchant”), and the Gift Card balance is available only through that Merchant. The Gift Card balance is not available through us. We will provide each recipient of a Gift Card with an activation code to activate the Gift Card through us, so that it may then be redeemed with the Merchant. That activation code does not expire or have fees. The Merchant’s terms and conditions also apply to both activation and redemption. We reserve the right to discontinue our gift cards product line or the gift cards of any individual Merchant(s), including, without limitation, before a recipient has either activated with us or redeemed with the Merchant an already-purchased Gift Card. If a Gift Card is discontinued after purchase by the Gift Card purchaser but before activation with us by the Gift Card recipient, we will replace the Gift Card with our choice of replacement Gift Card(s) from our choice of third party(ies), at equivalent value. We may provide the Gift Card purchaser information about their Gift Card recipient’s Gift Card activation status.

Until such time as we deposit a Gift Card with a carrier (e.g., U.S. Postal Service or Royal Mail) for delivery to the Gift Card recipient, the risk of loss of, and title to, that Gift Card belongs to us. The risk of loss of, and title to, that Gift Card then passes to the Gift Card recipient when we deposit it with a carrier for delivery to such recipient. The Gift Card recipient is responsible for safeguarding the Gift Card from unauthorized use. We are not responsible if any delivered Gift Card is lost, stolen, or destroyed, or if a Gift Card is used without permission. There are a variety of scams that request payment by gift card. We are not responsible, and assume no liability to you, for any unlawful conduct or fraud by any third party associated with any Gift Card.

By using a Gift Card, you agree to comply with these Terms and to not use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to us, our affiliates, or our customers. We reserve the right, without notice to you, to void a Gift Card without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our application(s) and/or website(s), cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used or applied fraudulently, unlawfully, or otherwise in violation of these Terms.

Third-party Sites, Products & Services

You may enable various online services, such as social networking sites, to be directly integrated into your experience with the Services. In addition, from time to time the Services may include links to third-party sites, services and/or products that we think may be of interest to you. To take advantage of these features, we may ask you to register for, or log into, the services of their respective providers. By enabling third-party services within the Services, you are allowing and authorizing us (a) to pass your log-in information to these service providers for this purpose and (b) to receive information and content from such third-party services. Please remember that the manner in which third-party services use, store and disclose your information is governed solely by the policies of such third parties, and we will have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Services. We make no representations or warranties concerning such third-party sites, services or products, and, accordingly, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party sites, services and/or products.

Cookies

Our websites use “cookies.” Cookies are small text files that reside on your device and identify you as a unique user. Cookies allow us to, among other things, measure activity and personalize your experience. For example, and without limitation, cookies enable us to remember your viewing preferences without requiring you to re-type a username or password. Cookies also allow us to track your status or progress when ordering Products from us. If you choose, you can set your device to reject cookies, or you can manually delete individual or all cookies on your device. However, if you reject or delete cookies, you may have some trouble accessing and using some of the pages and features on our websites. We also use other common information-gathering tools such as web beacons and embedded web links.

Payments

To the extent to which the Services and/or the Products or any portion thereof are made available for any fee or charge (including, without limitation, shipping and handling charges), you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorized by us. You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment. When you make a payment, you authorize us (and our designated payment processor(s)) to charge the full amount to the payment source you designate for the transaction. You will promptly update your account information with any changes (for example, and without limitation, a change in your billing address or credit card expiration date) that may occur. You will pay us all fees and charges incurred in accordance with the authorized form of payment and these Terms. If you dispute any fees or charges, you will let us know within sixty (60) days after the date that we invoice or otherwise charge you, and give us the opportunity to remediate any problem which you believe entitles you to dispute those fees or charges. You hereby grant to us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.

Returns & Refunds

We want you to be 100% satisfied with your experience with the Services and the Products. If within the first thirty (30) days you are not completely satisfied with your order, we will either (a) provide a replacement in the case of a defect or (b) in all other cases, issue a complete refund, subject to the exceptions and restrictions listed below:

1. Refunds are limited to amounts actually paid by you. This does not include the promotional value of any special offer or discount.
2. In cases where the return/refund is due to your order arriving damaged or with a defect confirmed by us, we will in our sole discretion either (a) provide you with a prepaid return shipping label, (b) reimburse your cost of return shipping, or (c) direct you to discard the damaged or defective product. For all other cases, return shipping costs are your responsibility. Shipping and handling charges may apply to Services and Products that are otherwise offered on a free or promotional basis.
3. All orders receiving bulk/wholesale pricing are final, and no refund will be given except in the case of material damage or defect upon your order’s arrival. If the damage or defect cannot be verified over the phone or via email contact, you may need to return the item to us for inspection before a determination can be made as to a potential refund. Please be sure to request and carefully review digital proofs when placing a bulk/wholesale order.

In addition to the above satisfaction guarantee, we also offer a limited lifetime warranty against defective workmanship on all our canvas wall décor Products, if such defective workmanship causes a canvas wall décor Product to be unusable for its intended purpose in a way that did not exist in the first thirty (30) days after you received it. To make such a warranty claim, please contact us, either via our website, via the self-service tools that may be provided in the app tray or drawer if using one of our mobile applications, or by telephone if you are using one of the Services that provides for telephone support.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND THE PRODUCTS ARE PROVIDED “AS IS, AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND OTHER THAN AS SET FORTH IN THE RETURNS AND REFUNDS SECTION OF THESE TERMS. WE HEREBY DISCLAIM ALL OTHER WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES AND THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, AVAILABILITY, PERFORMANCE AND FUNCTIONALITY), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY, AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY US OR OUR REPRESENTATIVES WILL BE DEEMED TO CREATE A WARRANTY.

Limitation of Liability – General

WE WILL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF OUR CONTROL. IN NO EVENT WILL WE BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR (E) ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY RESULT FROM THE USE OF ANY OF THE PRODUCTS. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE GREATER OF FIFTY U.S. DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICES OR PRODUCTS AT ISSUE DURING THE SIX (6) MONTHS PRIOR TO THE DATE ON WHICH THE BASIS FOR THE DISPUTE HAS OCCURRED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES AND/OR THE PRODUCTS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS AND, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitation of Liability – Film, Prints and Negatives

WE STRONGLY SUGGEST THAT YOU NOT PROVIDE US WITH ORIGINAL DIGITAL FILES, FILM, PRINTS OR NEGATIVES WITHOUT RETAINING A COPY. IF YOUR DIGITAL FILES, FILM, PRINTS OR NEGATIVES ARE DAMAGED, LOST OR OTHERWISE NOT RETURNED, OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.

Limitation of Liability – Data and Usage Restrictions

WE WILL NOT BE LIABLE IN ANY MANNER FOR ANY DATA OR USAGE LIMITS, CAPS OR RESTRICTIONS, OR ANY RATES OR CHARGES, APPLIED TO OR ASSESSED ON YOUR MOBILE DEVICE BY ANY THIRD PARTY THAT RESULT FROM YOUR USE OF THE SERVICES OR OTHERWISE. WE SUGGEST THAT, WHEN AVAILABLE, YOU USE YOUR MOBILE DEVICE WITH AN UNMETERED WI-FI CONNECTION IN ORDER TO MINIMIZE THE LIKELIHOOD OF ANY OF THE FOREGOING OCCURRING TO YOU.

Limitation of Liability – Photo Tiles Products

WE STRONGLY SUGGEST THAT YOU FOLLOW THE INSTRUCTIONS AND/OR WARNINGS PROVIDED WITH OUR PRODUCTS, IF APPLICABLE, WHEN YOU RECEIVE THEM. IN PARTICULAR, BUT WITHOUT LIMITATION, WE WILL NOT BE LIABLE IN ANY MANNER FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY A PHOTO TILE SHOULD IT FALL OFF YOUR WALL, REGARDLESS OF WHETHER THOSE INSTRUCTIONS/WARNINGS WERE FOLLOWED.

Copyright and Other Intellectual Property Rights

We respect the intellectual property rights of others and ask you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information, using the contact form provided on our website or in the app tray or drawer of the mobile application you are using, if available, as the case may be. You may also contact us by mail at 10962 Main St. No.101 (C), El Monte CA 91731.

1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
2. a description of where the material that you claim is infringing is located on the site, along with links to the material at issue;
3. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
4. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
5. your name, address, telephone number, and email address; and
6. your electronic or physical signature.
   
   Counter-Notice: If you believe that the content that was removed (or to which access has been disabled) is not infringing, or that the disputed use is authorized by the copyright or other intellectual property owner, its agent, or the law, you may send a written counter-notice containing the following information to us:

1. a description of the copyrighted work or other intellectual property that has been removed or to which access has been disabled;
2. a description of where such material was located on the site before it was removed or disabled, along with URLs that led to the material at issue if you have them;
3. a statement by you that you have a good faith belief that the content was authorized by the copyright or other intellectual property owner, its agent, or the law and was removed or disabled as a result of mistake or misidentification;
4. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
5. your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Central District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person; and
6. your electronic or physical signature.

   If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party/copyright owner. In accordance with applicable law, we may replace or restore access to the removed content unless the original complaining party/copyright owner notifies us that it is seeking a court order against the alleged infringing party to prevent further infringement of the content at issue.

   
   

   Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, the accounts of users who are deemed to be repeat infringers.

Termination, Deactivation and Suspension

You or we may terminate your account at any time. If you violate these Terms, we also will have the right to deactivate or limit your access to the Services. You agree that any termination, limitation and/or deactivation may be effected by us without prior notice, and that we may immediately delete all related information, files and content in your account. We will not be liable in any manner for such termination, deactivation, limitation or deletion.

Special Notice for International Use; Export Controls

All software available in connection with the Services and the transmission of applicable data, if any, is subject to export controls established by law. No software may be downloaded from the Services or otherwise exported or re-exported in violation of export laws. Downloading or using such software is at your sole risk, and you must comply with all international and domestic law, regulations and rules regarding your use of the Services.

Indemnification

You hereby release, indemnify and hold us and our parents, subsidiaries, affiliates, officers, shareholders, members, directors, managers, employees, attorneys, representatives and agents, harmless from and against all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys’ fees and costs), actions and damages of all kinds based on, arising out of or in connection with your use of the Services and/or the Products, your breach of these Terms and/or your use of any third-party site, service and/or product. If you are a California resident, you hereby waive California Civil Code Section 1542, which states that: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you hereby waive any comparable statute or doctrine.

Privacy Policy

The terms of our Privacy Policy are hereby incorporated by reference into these Terms.

Class-Action Waiver and Agreement to Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THAT YOU AND WE MAY HAVE WITH EACH OTHER BY USING INDIVIDUAL ARBITRATION, WHICH IS FINAL AND BINDING. IN INDIVIDUAL ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND POTENTIAL FOR APPELLATE REVIEW THAN IN COURT. THIS ARBITRATION CLAUSE WILL SURVIVE TERMINATION OF THESE TERMS.

ANY DISPUTE OR CLAIM MADE BY YOU AGAINST US ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE AND/OR YOUR PURCHASE AND/OR USE OF THE PRODUCT(S), REGARDLESS OF WHETHER SUCH DISPUTE OR CLAIM IS BASED IN CONTRACT, TORT, PRODUCTS LIABILITY, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (TOGETHER, A “DISPUTE”) WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AS DESCRIBED BELOW.

Either you or we will have the right to elect to initiate binding arbitration to resolve any Dispute by providing the other party with written notice of such election. You and we each hereby agree, and agree in the further to take all steps required, to waive the right to litigate any Dispute in court, be it by way of court trial, jury trial or class action, and agree that: (1) such arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (the “Rules”), which are available here or by calling +1-800-778-7879; (2) the arbitration will be conducted by one arbitrator appointed in accordance with the Rules; (3) the language of the arbitration will be English; (4) the arbitration will be conducted near the location where you reside; (5) we each hereby irrevocably consent and submit to exclusive personal jurisdiction and venue as such for the purposes of arbitrating any such action; (6) the arbitrator in such arbitration will be without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another; (7) all issues of enforceability of this arbitration provision, including, without limitation, issues relating to scope, validity, and unconscionability, will be decided by the arbitrator; (8) the entirety of any arbitration will be confidential, and neither you nor we will have any right to disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (9) payment of all arbitrator compensation, expenses, and administrative fees (which include, without limitation, filing and hearing fees) will be governed by the Rules; (10) each of us will bear our own fees and costs related to any arbitration, including, without limitation, the expense of our respective counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration; and (11) notwithstanding (9) and (10) above, the arbitrator will have the right to re-allocate their compensation, expenses and/or administrative fees, as well as your and our fees and costs related to the arbitration, if they determine that a claim, defense and/or counterclaim was filed for purposes of harassment or is patently frivolous.

WHETHER IN INDIVIDUAL ARBITRATION OR COURT, YOU AND WE EACH WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AND WE MAY EACH SEEK RELIEF ONLY ON OUR OWN BEHALVES, AND ONLY TO THE EXTENT NECESSARY TO REMEDY INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF THIS ARBITRATION PROVISION.

If this arbitration provision is found to be invalid, illegal or unenforceable, a modified provision will be substituted that carries out as nearly as possible your and our original intent as evidenced solely by the language above, and the validity, legality and enforceability of any of the remaining provisions of these Terms will not in any way be affected or impaired thereby. If for any reason this arbitration provision is deemed inapplicable, invalid, illegal or unenforceable, you and we each hereby waive, to the fullest extent allowed by law, any right to a jury trial, any right to recover punitive or exemplary damages, and any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity.

Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Miscellaneous

We reserve the right to change these Terms at any time, effective immediately upon posting here. Any updates, new services or modifications of existing services will be governed by these Terms. The continued use of the Services following the posting of changes to these Terms constitutes your acceptance to such changes. We strongly encourage you to periodically review these Terms. All prices and features of the Services and the Products are subject to change without notice.

We reserve the right to modify, discontinue or suspend, temporarily or permanently, any of the Services (or any part thereof) and/or the Products, with or without notice. You agree that we will not be liable to you or to any third party for any modification, discontinuance or suspension of any of the Services or the Products.

Any communication we receive from you will be considered NOT to be confidential (other than information we may agree to keep confidential under our Privacy Policy). By sending us any information (other than information we may agree to keep confidential under our Privacy Policy) you grant us a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to reproduce, distribute copies of, prepare derivative works based upon, publicly perform, publicly display and otherwise use and exploit that information.

These Terms constitute the entire agreement between you and us governing your use of the Services and the Products. If there is any conflict or inconsistency between these Terms or any other terms or conditions available elsewhere regarding the Services and/or the Products, these Terms will govern and be given precedence.

The waiver of any right under these Terms will not operate as past, present or future waiver of that right or of any other right. No waiver will be effective in any case unless acknowledged and agreed to by us in writing.

If any provision of these Terms is found to be invalid, illegal or unenforceable, a modified provision will be substituted that carries out as nearly as possible your and our original intent as evidenced solely by the language of these Terms, and the validity, legality and enforceability of any of the remaining provisions of these Terms will not in any way be affected or impaired thereby. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or the use of the Services. We have the right to assign any or all our rights and obligations under these Terms at any time; however, all rights that you may have under these Terms or otherwise in and to the Services may not be assigned by you.

Nothing contained in these Terms will be deemed to create, or be construed as creating, any third-party beneficiary right of action upon any third party, in any manner whatsoever.

The Services are offered by us, and we are located at 10962 Main St. No.101 (C), El Monte CA 91731. If you are a California resident, you may have a copy of these Terms emailed to you by sending a letter to the foregoing address with your email address and a request for such Terms.