Last updated: 20th September, 2022
Thank you for visiting https://best-usaportrait.com (to which we refer to herein, together with its content and services, as a Site). We are an online retail store and information Site for producing custom handmade digital portraits painted from your photos (the “Products”) and related products and services. By accessing our Site and/or by clicking the “I Agree” or “OK” button, you expressly acknowledge and agree that you are entering into a legal agreement with QASES INC (collectively, “best-usaportrait”, “we”, “us” and/or “our”)”, and have understood and agree to comply with, and be legally bound by, these Terms and Conditions of Use (the “Terms and Conditions”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE OR MAKE ANY PURCHASES THROUGH OUR SITE.
We reserve the right, at our discretion, to modify these Terms and Conditions or any policy or other terms referenced in these Terms and Conditions at any time and from time to time. Such modifications will be effective upon posting on the Site, and your continued access or use of the Site thereafter means your acceptance of any changes to these Terms and Conditions or any policy or other terms referenced in these Terms and Conditions.
2. ABILITY TO ACCEPT TERMS
Our Site is not structured to attract children under the age of 18 years. If you are under the age of 18, please do not visit or use the Site.
3. CUSTOMER ACCOUNT
During your use of our Site and in order to use our Site’s services, you may choose to or may be required to create an account (the “Account”), and by doing so you agree to provide accurate and complete information as required by the relevant Site page (the “Account Information”), and to keep the Account Information current, accurate and complete. If you choose to register to our Site, you will be asked to provide us with certain mandatory information such as your name and email address, and also a password that you will use to access your Account.
You agree not to create an Account for anyone else, use the Account of another without their permission or permit any use in Your Account by anyone else. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for any activity that occurs in connection with your Account. If you wish to delete your Account, you may send a request to us by filling this contact form. If you provide information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicions that such information is inaccurate, incomplete or untrue, we reserve the right, without prejudice, to suspend or terminate your Account and refuse your use of the Site, including, but not limited to, sales resulting from the Site.
5. THIRD PARTY SOURCES AND CONTENT
6. USER SUBMISSIONS
Our Site permits the uploading, sharing, posting, and publishing of content, including videos or images, provided by you and other users (collectively, “User Submissions”). Your User Submissions may be posted to our Site, used to send commercial marketing materials, or otherwise be made publicly available. You shall be solely responsible for your User Submissions and the consequences of uploading or publishing them. We have complete discretion whether to allow publishing your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights (as defined below) in and to your User Submissions and to enable inclusion and use thereof as contemplated by these Terms and Conditions. Intellectual Property Rights means any and all rights, titles and interests, whether foreign or domestic, in, under, and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and/or similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
You further represent and warrant that you have all the necessary consents and permissions from all individuals depicted in your User Submissions, including consents and permissions of parents or guardians of minors, as may be required under applicable laws.
You retain all of your ownership rights in and to your User Submissions.
You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (1) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (2) glorifies violence, celebrates the suffering or humiliation of others, including animals, displays death or cruel and insensitive; (3) displays nudity or sexual activity; (4) displays animals that are harmed or hunted; (5) is unlawful, defamatory, libellous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (6) creates a risk to a person’s safety, health, or property, creates a risk to public safety, health, or property, compromises national security, or interferes with an investigation by law enforcement; (7) impersonates another person; (8) promotes or involves illegal activities, terrorism or drugs (9) is unfair or deceptive under the consumer protection laws of any jurisdiction; (10) violates export control laws, relates to illegal gambling, or illegal arms trafficking; (11) constitutes an unauthorized commercial communication; (12) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (13) breaches these Terms and Conditions.
Further to your additional relevant permission to use your User Submissions (including pictures of your painting, photos or videos of you with your painting, unboxing videos, etc.), you irrevocably authorize us to use your User Submissions and derivative works thereof on our Site, social networks, in marketing messages and other marketing materials, including next to or in connection with our ads and offers that we display for advertising our products and services on our Site and other websites and platforms, including mobile apps. When giving us permission to use your User Submissions as stated in the preceding sentence, you confirm that you have all the necessary consents and permissions from all individuals depicted in such User Submissions, including consents and permissions of parents or guardians of minors, as may be required under applicable laws.
7. CUSTOMER PURCHASES AND PAYMENT
Estimate prices of the Products are shown on the Site and may vary when you place an order depending on the availability of a chosen artist, place of delivery and the number of figures included in the Products. You will be asked to confirm the full order price at the time your order is accepted by us. The price of the Product does not include expedited shipping, express service, framing of the painting, photo compilation, video of how your painting was created or other costs or additional services we may provide.
To place an order, you will be requested to complete certain details and to make a payment, including charges that may be calculated in addition to the price of the Products depending on the shipment option and additional services you may have requested or, at your sole discretion. It is your responsibility to make sure that a valid e-mail address for contacting you is submitted to us, as we might be unable to complete the order without additional information or confirmations to be provided by you after placing the order.
We reserve the right, to refuse or cancel Your order, in whole or in part, without liability to You, at any time at Our sole and exclusive discretion, including without limitation for reasons relating to or originating in errors, public interest and/or Company’s values and standards.
You can only pay for Products using a debit card or credit card or other payment methods via the third party payment service provider that we make available for you to use via our Site.
Payment for the Products and all applicable delivery charges are due in US Dollars or other currency option we expressly state in our Site to be acceptable by us. Any currency conversions shall be carried out by your own bank at your cost.
For more information please see our Purchase Policy.
8. CUSTOMER CONDUCT; OWNERSHIP
The (1) content on our Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, technology, graphics, photos, sounds, videos, interactive features, and services and any output thereof (or collectively, the “Materials”), (2) User Submissions (or together with the Materials, the “Content”), and (3) the trademarks, service marks and logos contained therein (the “Marks”), are our property and/or our licensors’ sole property and are protected by applicable copyright or other intellectual property laws and treaties. All other brands and names (including third-party product names) are the property of their respective owners. You may not use the name best-usaportrait, best-usaportrait.com, the best-usaportrait logo or any other graphics or services terms or names that are our Marks or our affiliates’ Marks without our express prior written consent.
You acknowledge that all Material and Marks are copyrighted under applicable law, including, without limitation, the U.S. copyright laws, and we own all intellectual property rights to the selection, coordination, arrangement, and enhancement of such Content. Except as required for use and access to the Site as permitted hereunder, you may not use, modify, copy, emulate, upload, post, reproduce, or distribute any Content in any way, without obtaining Company’s prior written approval (except for Your User Submissions).
It is forbidden under these Terms and Conditions to engage in any activity that will restrict or inhibit other users from using our Site. You shall not: (1) copy, distribute or modify any part of our Site or services without our express prior written authorization; (2) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (3) disrupt servers or networks connected to our Site; (4) use or launch any automated system (including without limitation, “robots”, “spiders”, or otherwise) to access our Site; (5) parse any content within our Site or copying any source code to mimic the look and feel of our Site; (6) circumvent, disable or otherwise interfere with security related features of our Site or features that prevent or restrict use or copying of any content or that enforce limitations on use of our Site, and/or (7) sell, license, or exploit for any commercial or non-private purpose, any use or access to the Site and Services or any Content related thereto.
9. USER GENERATED CONTENT
By submitting, posting, transmitting, or otherwise making available to best-usaportrait your User Generated Content or UGC (as defined below), you agree that you are bound by the following terms (the “UGC Policy”) without limitation or qualification. The UGC Policy may be modified from time-to-time; you agree to be bound by the most recent version of this Policy.
User Generated Content (“UGC”) includes textual, audio, and/or visual content and information, including name, username, voice, picture, portrait and likeness, other identifying information, caption, location, including commentary and feedback related to best-usaportrait products and services, entries in contests and promotions, and other content and information submitted, provided, or otherwise made available to best-usaportrait. All UGC must be appropriate for a family audience. Please be careful when selecting your UGC for submission, provision, or making available to best-usaportrait; your UGC may be used in a public forum such as the Internet, and others may attempt to use your UGC to discover information about you for any purpose, including harassment. You understand that best-usaportrait cannot be responsible for others’ misuse of your UGC or any information contained therein. best-usaportrait has no obligation of confidentiality with respect to your UGC, your submission of UGC, or any other information related to you or the UGC.
By submitting, posting, transmitting, or otherwise making available to best-usaportrait your UGC, you grant best-usaportrait as well as its respective licensees, successors, and assigns (collectively, the “Licensed Parties”) a worldwide, perpetual, non-exclusive, unlimited, irrevocable, transferable, royalty-free and fully paid-up license to use, publish, post online, copy, copyright, modify, create derivative works of, distribute, broadcast, publicly display, and otherwise use and exploit in any manner your UGC or any part of your UGC, including the right to sublicense, without further obligation to, notice to, or approval or consent from you. This license is applicable to your UGC as it may be used in any and all formats, social media platforms, radio, television, film, and other media outlets, advertising, marketing, and other distribution channels, known now or developed later. You acknowledge that by considering your UGC and possibly using your UGC, the Licensed Parties have provided you with good and valuable consideration for the license, and that the Licensed Parties have no further obligation under the license at any time to pay or otherwise compensate your or any other person or entity in consideration of the license. Your provision of your UGC to best-usaportrait, and the grant of the license set forth above, is not conditioned on any attribution or compensation. You agree that the Licensed Parties may pursue patent, trademark, or copyright protection for your UGC, that you will not challenge or object to such protection, and that you will take all actions and sign all documents necessary to apply for and perfect such protection.
You understand that the Licensed Parties are under no obligation to use your UGC and may refuse to do so for any reason at any time. The Licensed Parties may use your UGC for any lawful purposes, including commercial ones, with or without your name, social media username or handle, or other identifying or branding information. These uses may include, but are not limited to, informational, educational, commercial, entertainment, promotional, or advertising of best-usaportraitor its products or services via the Internet, web sites, mobile apps, social media platforms, media outlets, advertising, marketing, and other distribution channels, known now or devised later. For example, the Licensed Parties may re-post your post on Instagram or Twitter. The Licensed Parties may post or re-post your UGC with or without attribution to you or any other person or entity, and use of your UGC does not constitute or imply an endorsement or affiliation of you or any other person or entity. The Licensed Parties may, at any time, end or modify its use of your UGC without further obligation to, notice to, or approval or consent from you.
You represent and warrant that you own or otherwise control your UGC, or have all rights, licenses, consents, and releases necessary to submit, provide, or otherwise make available your UGC to best-usaportrait and also to grant the Licensed Parties the license set forth above, or that you are the agent, authorized representative, parent, or guardian of the person or entity who does. You represent and warrant that your UGC has not been copied, derived from, or otherwise taken from any other work to which you do not have rights. You represent and warrant that neither your UGC, nor your submission, provision, or making available of your UGC, infringes, misappropriates, or otherwise violates any third party’s intellectual property, proprietary, or contractual rights, or rights of publicity or privacy. You represent and warrant that your UGC does not impersonate or otherwise mis-identify anyone, and that each person displayed, mentioned, or otherwise identified in your UGC has provided their written consent to you to be included in your UGC and to be used by the Licensed Parties consistent with this Policy. You will promptly provide copies of such written consent upon best-usaportraitrequest. You represent and warrant that neither your UGC, use of your UGC, nor your submission, provision, or making available of the UGC, infringes or violates any law or regulation. You represent and warrant that your UGC contains no malicious code, hack, crack, phishing device, robot, spider, or other automated device or process, or other data with the potential to harm, damage, or gain unauthorized access to an Internet-connected device. You represent and warrant that your UGC is not threatening, abusive, harmful, harassing, tortious, defamatory, libelous, vulgar, obscene, indecent, pornographic, invasive of another’s privacy, or racially, ethnically, unlawful, or otherwise objectionable.
You agree to indemnify the Licensed Parties and their affiliates for all claims arising from or in connection with any claims to any rights in your UGC or any damages arising from your UGC or submission, provision, or making available thereof. You agree to hold harmless, indemnify, and defend the Licensed Parties and directors, managers, members, officers, partners, employees, equity holders, and agents (the “Indemnified Parties”) from and against any and all claims, causes of action, damages, liabilities, losses, costs and expenses, including reasonable attorneys’ fees, and including any third-party claims (collectively, “Losses”) incurred by an Indemnified Party arising out of or relating to your UGC or any breach of the representations made by you herein, including but not limited to claims of infringement or violation of patent, trademark, copyright, or other intellectual property rights, contractual rights, rights of publicity (either now existing or acquired later), or rights of privacy. To the fullest extent permissible under applicable law, the Indemnified Parties are not liable for any direct, incidental, consequential, special, indirect, punitive or similar damages arising out of or resulting from this Policy, including without limitation, damages for harm to business, lost profits, lost savings, or lost revenues, regardless of how such damages are caused and whether based in contract, tort (including negligence) or any other theory of liability, and regardless of whether you have been advised of the possibility of such harms, losses, expenses or other damages. Upon submission, provision, or making available of your UGC, you hereby release the Indemnified Parties from, and irrevocably waive, any and all claims that the Licensed Parties’ use of your UGC violates any intellectual property, publicity, privacy, or other rights you may have.
You irrevocably waive all rights in your UGC, including any moral rights, of the local equivalent thereof, which you may have under any laws existing now or promulgated later. You agree that the failure of best-usaportrait to exercise or enforce any right in this Policy will not act as a waiver of such right, or of any other right in this Policy, and that all rights and remedies under this Policy will still be available to best-usaportrait. This Policy is personal to you and may not be assigned without the prior written consent of the Licensed Parties. The Licensed Parties may assign their rights and obligations, or any part thereof, without your consent to any person or entity at any time. If any section of this Policy is deemed invalid or unreasonable by a court or arbitrator, such section shall be severable from the remainder of this Policy, which shall be enforced according to its terms irrespective of the enforceability of the invalid or unreasonable section, provided such enforcement is consistent with the general intent of the parties as evidenced by the Policy as a whole. If you believe that UGC is being used by the Licensed Parties without your authorization, please notify us by sending an email to [email protected] and provide your name, contact information, identification and ownership of the original content, and a description and identification of the offending content as well as its location.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT AND WILL NOT ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES OF ANY KIND OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS AND CONDITIONS OR OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE, OR THAT ARE RELATED TO THE PURCHASE OF GOODS OR SERVICES FROM OUR SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR LOSSES. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL APPLY ALSO TO OUR LICENSORS AND SERVICES PROVIDERS WITH RESPECT TO THEIR LICENSED ARTICLES AND PROVIDED SERVICES, WHICH ARE INCORPORATED IN OUR SITE.
NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, OUR LIABILITY SHALL IN NO EVENT EXCEED THE FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 9 SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE.
11. OTHER RIGHTS
We may terminate or suspend your account and your accessibility to all or part of our Site, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or a third-party or us.
12. TERMINATION OF TERMS
If you no longer agree to these Terms and Conditions, you must stop your use of and visit to our Site and notify us in writing of the same. You acknowledge and agree that: (1) any termination of your access to the Site may be affected without prior notice; and (2) we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Site.
13. WARRANTY DISCLAIMERS
This section applies whether or not the services provided under our Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth herein may not apply.
OUR SITE, SERVICES, AND ANY CONTENT OR DATA RELATED THERETO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATIONS OR WARRANTIES ARE MADE HEREUNDER AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY SERVICES OR CONTENT, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SITE OR SERVICES. WE DO NOT GUARANTEE THAT OUR SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. OUR SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON OUR SITE BY A THIRD PARTY.
WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DO NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIM ALL LIABILITY FOR, ANY SUCH CONTENT.
14. APPLICABLE LAW
We make no representation that the Content in our Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access our Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to our Site, the services provided through our Site, or the Content (or a Claim): (i) if made by non-EU and non-UK based customers shall be governed by the internal laws of the State of New York; and/or (ii) if made by EU or UK based customer shall be governed by the internal laws of England and Wales without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in (i) the state of New York for claims concerning non-UK based customers and/or (ii) London, England for claims concerning EU or UK based customers and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
You agree to defend, indemnify and hold us, our affiliates, subsidiaries, related companies, and our and their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (1) your use of, or inability to use, our Site; (2) your User Submissions; or (3) your violation of these Terms.
16. SUBMITTED FEEDBACK
It is our desire and pleasure to hear from our customers and welcome your comments regarding our products, including our Site. We request that you be specific in your comments when providing feedback with respect to our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as Feedback), the Feedback shall be deemed and shall remain our exclusive property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on the Site or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.
17. CONTACT DETAILS
19390 Collins ave
33160 , Sunny Isles Beach FL
Or via email to [email protected]