Last Revised 03-30-2012
Your purchase of EASY CANVAS PRINTS™ products or services is subject to this Terms of Sale. By clicking the "PLACE ORDER NOW" button and making a purchase, you acknowledge that you have read this document and agree to be bound by its terms and the Terms of Service.
This Terms of Sale is not meant to contradict, violate or run contrary to any portion of the Terms of Service which governs your use of EASY CANVAS PRINTS™ services and your use of the EASY CANVAS PRINTS™ Web Site. If any portion of the Terms of Sale is found to contradict, violate or run contrary to the Terms of Service, the Terms of Service will govern and will be the binding document with regards to that portion.
The Terms of Sale is meant to provide general information regarding policies surrounding purchases from the EASY CANVAS PRINTS™ Web Site. The Terms of Service is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms of Sale you again agree to comply with the Terms of Service.
The primary value of the EASY CANVAS PRINTS™ Website (Web Site) is the ability for users and potential purchasers ("Users") to create signs and graphics that display any content they choose. This is done by means of computer interaction alone between the Users and the Web Site.
As such, you agree that no EASY CANVAS PRINTS™ employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the content of the signs or graphics created or uploaded by Users, neither while on the website, nor after purchase and during the production process.
You agree that signs that are purchased will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Realm of Control through the use of the tool on the Web Site. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
"Realm of Control" refers to any part of a sign that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
While EASY CANVAS PRINTS™ does not review the content of your sign or product, you still agree to be bound by the restrictions as laid out in the Terms of Service, and should it come to the attention of EASY CANVAS PRINTS™ that you have violated the Terms of Service or this Terms of Sale, you agree that EASY CANVAS PRINTS™ will send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned by signed check through the United States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You also agree that the content of your sign or product does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property, as provided in Paragraph 7.2 of the Terms of Service.
EASY CANVAS PRINTS™ sells its products through an E-Commerce Web Site viewable by computers connected to the Internet. These computers may view EASY CANVAS PRINTS™ products solely through their computer screens ("Monitors"). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another.
Further, computer monitors display images with light and use a standard known as RGB to do so. EASY CANVAS PRINTS™ produces products in a variety of ways (CMYK, PMS, and others) that do not use light.
As such, you agree that EASY CANVAS PRINTS™ does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. EASY CANVAS PRINTS™ works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
EASY CANVAS PRINTS sells products made out of several different types of materials: canvas, aluminum, fleece, woven, velveteen, polyester, and wood. You agree that you have read our website and/or researched independently and that you know what each of these materials is and what you are buying. EASY CANVAS PRINTS only guarantees that you will receive the materials advertised on the Web Site that you purchase. You agree that EASY CANVAS PRINTS is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site.
As an example, you agree EASY CANVAS PRINTS is not responsible if the Canvas received by the purchaser is not what the purchaser envisioned Canvas would be.
You agree that all products produced and sold by EASY CANVAS PRINTS are for novelty purposes only. EASY CANVAS PRINTS does not make any claims about the legal compliance or registration of signs, license plates, or any other products sold by EASY CANVAS PRINTS or by a EASY CANVAS PRINTS affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of Canvas, Blankets, or other products permitted for your particular use.
EASY CANVAS PRINTS™ permits users to upload images onto their signs and products through the EASY CANVAS PRINTS™ Web Site. You agree that EASY CANVAS PRINTS™ is not responsible for the quality of the images you upload. The EASY CANVAS PRINTS™ Web Site attempts to make a "best guess" as to the best viewing distance of your image based on the internally stored DPI (Dots Per Inch) contained in the image file. The Web Site assumes that 100 DPI is best viewed from 3.5 feet and tries to make a best distance estimate based on that assumption.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
Images are created and stored in a variety of ways and you agree that EASY CANVAS PRINTS™ is not responsible for ensuring quality images for any image file format available on the Web Site.
EASY CANVAS PRINTS™ works hard to ensure that orders will be produced and exit the EASY CANVAS PRINTS™ facility within three business days from the date of order. The date of order is the calendar date of order if the order is placed before 6:00pm Central Standard Time and the next business day after the calendar date of order if the order is placed between 6:00pm and 11:59pm Central Standard Time.
This means that a purchase made at 3:00pm Monday, will be shipped out on Thursday of the same week. This production time is not guaranteed and is limited in many ways as discussed in the Shipping Policy.
You agree that EASY CANVAS PRINTS™ will take at least 3 business days to produce your order and that it may take longer than 3 business days as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order. Title to your purchased goods shall pass to you at the time EASY CANVAS PRINTS™ deposits such purchased goods with its designated shipper.
You agree that EASY CANVAS PRINTS™ guarantees the products it sells are free from manufacturing defects and as such will be good for 90 days after purchase of the product. If the product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken product and send the photograph or the original failed or broken product to EASY CANVAS PRINTS™. Upon receipt of the product or the photograph, EASY CANVAS PRINTS™ will send a replacement of the product or will issue EASY CANVAS PRINTS™ credit for the purchase value of the failed or broken product(s). EASY CANVAS PRINTS™ credit can be used on the EASY CANVAS PRINTS™ website for any purchase.
EASY CANVAS PRINTS™ does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of EASY CANVAS PRINTS™. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by EASY CANVAS PRINTS™ as to the cause of the failure or breakage.
EASY CANVAS PRINTS™ provides many opportunities to review, revise and cancel the order process before actually placing your order. EASY CANVAS PRINTS™ is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree that EASY CANVAS PRINTS™ is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. A EASY CANVAS PRINTS™ employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
Last Revised 03-30-2012
Welcome to the EASY CANVAS PRINTS™ web site, which is located at EasyCanvasPrints.com™ (the "Web Site"). The following Terms of Service ("TOS") contain the terms that govern your use of the Web Site and EasyCanvasPrints.com™ Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the EASY CANVAS PRINTS™ Service. Use of the EASY CANVAS PRINTS™ Web Site constitutes acceptance of these TOS. EasyCanvasPrints.com™ is a Trademark of EASY CANVAS PRINTS™.
EASY CANVAS PRINTS™ reserves the right to add, delete and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the EASY CANVAS PRINTS™ Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the EasyCanvasPrints.com™ Service. Your continued use of the EASY CANVAS PRINTS™ Web Site following posting of a new TOS on the EASY CANVAS PRINTS™ Web Site will constitute binding acceptance of the changes.
EASY CANVAS PRINTS™ provides a number of Internet-based services through the Web Site (all such services, collectively, the "EasyCanvasPrints.com™ Service"). One such service enables users to create customized merchandise, signs, magnetics, bumper stickers, and banners (collectively, "Products"). EASY CANVAS PRINTS™ users may create and purchase individual Products for their own use.
You do not lose ownership of the Content that you design on, or upload to, the Web Site. By uploading Designs to the Web Site or creating Designs with EASY CANVAS PRINTS™'s design tools, however, you grant the following licenses to EASY CANVAS PRINTS™: the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and Products; and the right to make modifications to your Design as EASY CANVAS PRINTS™, in its sole discretion, finds necessary to achieve the above listed purposes.
You may remove the Content you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify EASY CANVAS PRINTS™ of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that EASY CANVAS PRINTS™ may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant EASY CANVAS PRINTS™ permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that EASY CANVAS PRINTS™ will have no obligation to keep any Submissions confidential. You will not bring a claim against EASY CANVAS PRINTS™ based on "moral rights" or the likes arising from EASY CANVAS PRINTS™'s use of a Submission. This Section does not apply to your Content that will appear as part of your product that you use in connection with EasyCanvasPrints.com™ Service.
8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EASY CANVAS PRINTS™ EXCEED THE VALUE OF SIGNS RECEIVED OR SERVICES RENDERED. THE VALUE OF SIGNS OR SERVICES ARE LIMITED TO THE STATED VALUE ON THE EASY CANVAS PRINTS™ WEB SITE OR AS STATED BY AN AUTHORIZED EASY CANVAS PRINTS™ AGENT.
You agree to indemnify and hold EASY CANVAS PRINTS™ and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS through any act or omission, including but not limited to any claim that your content infringes or violates the legal rights of any other party. If you have to indemnify EASY CANVAS PRINTS™ under this Section, EASY CANVAS PRINTS™ will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without EASY CANVAS PRINTS™'s express written permission.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to EASY CANVAS PRINTS™, you must use the following addresses: 11525A Stonehollow Dr. Suite 100. Austin, TX. 78758. SERVICE@EasyCanvasPrints.com™. If EASY CANVAS PRINTS™ provides notice to you, EASY CANVAS PRINTS™ will use the contact information provided by you to EASY CANVAS PRINTS™. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the EasyCanvasPrints.com Service will be exclusively resolved under confidential binding arbitration held in Travis County, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought exclusively in a federal or state court located in Travis County, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Travis County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue Build A Sign LLC in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these TOS or your use of any part of the BuildASign.com Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the EasyCanvasPrints.com™ Service must be asserted individually. Notwithstanding anything to the contrary in this Section 12, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of EASY CANVAS PRINTS™. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and EASY CANVAS PRINTS™ are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
EASY CANVAS PRINTS™ is committed to protecting your privacy while providing quality services that give you an enjoyable and safe online experience. This Privacy Statement (this "Statement") applies to the EASY CANVAS PRINTS™ website at http://www.easycanvasprints.com and governs the data collection and usage by EASY CANVAS PRINTS™ in connection with this website. By using the EASY CANVAS PRINTS™ website, you consent to the data practices described in this Statement.
EASY CANVAS PRINTS™ collects personally identifiable information on its website when you register, save a design, or order, such as your e-mail address, physical address, name, and phone number, and credit card information. EASY CANVAS PRINTS™ also may collect non-personally identifiable information, such as general geographic information, about you.
EASY CANVAS PRINTS™ also may collect information about your computer hardware and software that is automatically collected by EASY CANVAS PRINTS™. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses, templates made, path through the site, operating system information, and other similar information. This information is used by EASY CANVAS PRINTS™ for the operation of its services, to maintain quality of service, and to provide general statistics regarding use of the EASY CANVAS PRINTS™ web site.
EASY CANVAS PRINTS™ encourages you to review the privacy statements of websites you choose to visit from links that may be posted on the EASY CANVAS PRINTS™ website so that you can understand how those websites collect, use and share your information. EASY CANVAS PRINTS™ is not responsible for the privacy statements or other content on websites outside of the EASY CANVAS PRINTS™ website.
EASY CANVAS PRINTS™ collects and uses information about you, including personally identifiable information, and your use of the EASY CANVAS PRINTS™ website to operate the EASY CANVAS PRINTS™ website[ and affiliated websites] and deliver the services you have requested. EASY CANVAS PRINTS™ also uses personally identifiable information from time to time to inform you of other products or services available from EASY CANVAS PRINTS™ and its affiliates. EASY CANVAS PRINTS™ may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Note that at any time you may opt out of being contacted by EASY CANVAS PRINTS™ for any research or product updates, through clear links at the bottom of every email.
EASY CANVAS PRINTS™ does not sell, rent or lease its customer lists to third parties. EASY CANVAS PRINTS™ may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, personally identifiable information about you (e-mail, name, address, telephone number) is not transferred to the third party. In addition, EASY CANVAS PRINTS™ may share data, including personally identifiable information, with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. EASY CANVAS PRINTS™ generally requires these third parties to maintain the confidentiality of your information and to not use your personally identifiable information except to provide services to EASY CANVAS PRINTS™.
EASY CANVAS PRINTS™ will not use or disclose sensitive personally identifiable information about you, such as race, religion, or political affiliations, without your explicit consent.
EASY CANVAS PRINTS™ keeps track of the websites and pages our customers visit within and from the EASY CANVAS PRINTS™ website in order to determine what EASY CANVAS PRINTS™ services are the most popular. This data is used to deliver customized content and advertising from EASY CANVAS PRINTS™ to customers whose behavior indicates that they are interested in a particular subject area.
EASY CANVAS PRINTS™ does not collect personally identifiable information from you to track you over time and across third party websites. As a result, EASY CANVAS PRINTS™ does not specifically respond to web browser Do Not Track ("DNT") signals. EASY CANVAS PRINTS™ uses Google Analytics to collect and process certain analytics data; Google provides some additional privacy options described at www.google.com/policies/privacy/partners/.
EASY CANVAS PRINTS™ will disclose personally identifiable information about you without notice to you only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on EASY CANVAS PRINTS™ or the site; (b) protect and defend the rights or property of EASY CANVAS PRINTS™; and, (c) act under exigent circumstances to protect the personal safety of users of EASY CANVAS PRINTS™, or the public.
The EASY CANVAS PRINTS™ website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a website server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the website server that you have returned to a specific page. For example, if you register with the EASY CANVAS PRINTS™ website or services, a cookie helps EASY CANVAS PRINTS™ recall your specific information on subsequent visits. This simplifies the process of recording your personally identifiable information, such as your billing addresses, shipping addresses, and other similar information. When you return to the same EASY CANVAS PRINTS™ web site, the information you previously provided can be retrieved, so you can easily use the EASY CANVAS PRINTS™ features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the EASY CANVAS PRINTS™ services or Web sites you visit.
EASY CANVAS PRINTS™ aims to provide reasonable security from unauthorized access, use or disclosure for the personally identifiable information we store. EASY CANVAS PRINTS™ aims to secure the personally identifiable information you provide using computer servers in a controlled, secure environment, reasonably protected from unauthorized access, use or disclosure. When certain sensitive personally identifiable information (such as a credit card number) is transmitted to other websites, such as payment information in connection with transactions through the EASY CANVAS PRINTS™ website, we use encryption, such as the Secure Socket Layer (SSL) protocol, in an effort to protect that information.
EASY CANVAS PRINTS™ will not record, store, or save your credit card number without providing notice to you and receiving your express consent.
EASY CANVAS PRINTS™ will occasionally update this Privacy Statement to reflect company and customer feedback. EASY CANVAS PRINTS™ encourages you to periodically review this Statement to be informed of how EASY CANVAS PRINTS™ is protecting your information. If EASY CANVAS PRINTS™ modifies this Statement, we will make it available through this website, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, EASY CANVAS PRINTS™ will make reasonable efforts to notify you of the change. For example, EASY CANVAS PRINTS™ may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the website for the first time after such material changes are made. Your continued use of the EASY CANVAS PRINTS™ website after the revised Statement has become effective indicates that you have read, understood and agreed to the current version of this Statement.
EASY CANVAS PRINTS™ welcomes your comments regarding this Statement. If you believe that EASY CANVAS PRINTS™ has not adhered to this Statement, please use the inquiry form to contact us. We will use commercially reasonable efforts to promptly determine and remedy the problem.