Privacy and Other Terms

You should review our Privacy Policy to understand our privacy practices. Your use of the Services and Products is also subject to our Terms and Conditions. To the extent there are conflicts between these Terms of Use and the Terms and Conditions, these Terms of Use shall govern..

Orders

These Terms of Use shall govern any order (or portion of an order) you make through this website (the “Site”) for FYA Services and Products (an “FYA Order”).

1. You will select your FYA Services and Products, via the Frame Your Art tools provided on the Site (the “Tools”).
2. After selecting your FYA Services and Products, you will proceed to checkout where you will provide your payment information. Art.com will not process your payment until your FYA Order ships.
3. The item that you wish to have framed or serviced is referred to herein as your “Artwork.” Upon receipt of your FYA Order, Art.com will send you packaging material and instructions for you to package your Artwork and send such Artwork to us to be framed or serviced.
4. Upon your receipt of the packaging materials, please properly package your Artwork per the packing instructions provided or as otherwise specified on the Site. Please send your Artwork to us in such packaging materials according to the delivery instructions provided. In the event that Art.com has not received your Artwork within ninety (90) days of the date of your FYA Order, Art.com will consider your FYA Order cancelled.
5. Art.com will frame or service your Artwork using the specifications set forth in your FYA Order. In the event that Art.com is not able to complete your FYA Order for any reason, Art.com will return your Artwork to you.
6. Once the framing or servicing of your Artwork is complete, Art.com will ship to you your framed or serviced Artwork (the “Finished Product,” which constitutes a “Product” under these Terms).

Pricing

The dimensions of your Artwork will be a factor in determining the price of your Product. When you select FYA Services and Products, you will be prompted to input the dimensions of your Artwork. Upon receipt of your Artwork, Art.com will measure your Artwork to confirm the dimensions you submitted at the time of your FYA Order. If Art.com discovers a discrepancy that impacts the price of your FYA Order, Art.com will contact you to inform you of the discrepancy and will let you know whether any price adjustments are required.

Unless otherwise stated on the Site, the price of your FYA Product includes standard shipping charges. If you select expedited shipping of your Product at checkout, additional charges may apply. Please be aware that the price of other products in your shopping cart may not include shipping charges.

The price of your FYA Product does not include any sales tax or other taxes that we may be required to collect in connection with your order. Such taxes will be added to your order, if applicable.

Return Rights

Your satisfaction is our top priority. If for any you are not satisfied with your Finished Product, please contact us within thirty (30) days of receiving your Finished Product and one of our Customer Service representatives will work you to reframe your Artwork or issue you a full refund.

User Content

The term “User Content” shall refer to any materials you mail-in, submit, upload, post, or otherwise transmit to this Site or send to Art.com, including but not limited to Artworks, images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof.

User Content Guidelines

Users of the FYA Services must adhere to the following guidelines. We reserve the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.

• Intellectual property violations. Users must honor the intellectual property rights of others. Users shall not post or distribute content to which they do not own the copyright. In addition, users shall not post or distribute images or other content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name or trade dress of any other person or entity, or (iii) infringes any third party’s rights of privacy or publicity.
• Illegal Acts. Users shall not post or distribute content that would constitute or encourage a criminal offenses, violate the rights of any party, or that would otherwise create liability under or violate any local, state, national or international law.
• Hate and social intolerance. Users shall not post or distribute content that contains hate or racial intolerance or advocates violence or ridicule against any individual, group, or organization.
• Illicit drugs and drug paraphernalia. Users shall not post or distribute content that displays illegal drugs or the paraphernalia used for them.
• Language. Users shall not post or distribute content that features excessive profanity or sexually explicit language, defamatory statements, or remarks that disparage or ridicule other people.
• Pornography. The Site is not a place for erotica or adult content that crosses the line from art into pornography. We understand that our users may be interested in all varieties and types of images that may include nude figures and affectionate activity. These are legitimate subjects of artistic portrayal. However, under no circumstances shall users post or distribute X-rated or hard-core images, sexual images involving children, images that depict genitalia, sexual acts, amateur porn or any paraphernalia involved with this type of activity.
• Violence. Users shall not post content that contains overt or gratuitous violence or images of crime-scene photos, morgue shots or violent depictions or human organs and body parts, or images that promote suicide.
• Other harmful or offensive materials. Users shall not post content that a reasonable art observer would find offensive or art that (i) is libelous, (ii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise; (iii) is harmful to or exploitative of children; or (iv) is otherwise illegal. We reserve the right to finally determine the appropriateness of all images posted to our site.
• Misrepresentation. Users may not falsely state or otherwise misrepresent their affiliation, or affiliation of their content, with any other person or entity in any way.
• Commercial activity. Users shall not post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, “junk mail,” “spam,” “chain letters,” or “pyramid schemes” or other such solicitations.

User Content Rights

You retain ownership rights to any Artworks and/or any digital images you mail-in, submit, post, or otherwise transmit to the Site or send to Art.com (“Image Content”). We will only use your Image Content for the purpose of processing and fulfilling your orders. However, if you upload, post or otherwise transmit non-image User Content like reviews or comments, we reserve the right to use such non-image User Content in any manner we deem appropriate, including in our marketing materials.

We reserve the right to preserve and/or disclose any and all User Content (including Image Content) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal requirements, enforce the terms of this Agreement, respond to any claims that User Content violates the law or rights of third parties, or to protect the rights of Art.com, its users or the public.

Reviews, Comments and Question

Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to questions@art.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.

Limited Remedy for Loss or Damage of your FYA Order

In the unlikely event of the loss or damage of your FYA Order (including Artwork) during your use of the FYA Services, you acknowledge and agree that your sole and complete remedy for such loss is the lesser of (i) the amount of your FYA Order, or (ii) three-hundred U.S. dollars ($300.00) (the “FYA Guarantee”). You further acknowledge and agree that this amount is a reasonable approximation of the damages that would be suffered by you from the loss or damage of your FYA Order (including Artwork), and is not a penalty. Your right to receive payment under the FYA Guarantee applies only if you have used the packaging provided by Art.com and followed Art.com’s packing and delivery instructions.

Disclaimer of Warranties

The Site and Services and Products are provided on an “as is” and “as available” basis without warranties of any kind, express, or implied. To the fullest extent permissible by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement. You expressly understand and agree that use of the Site and/or Services and Products is at your sole risk.

Limitation of Liabilities

You expressly understand and agree that we shall not be liable for any indirect, incidental or consequential damages, including without limitation damages for loss of revenue, profits, use, or data resulting from any use of the Site and/or the Services and Products (regardless of whether we should have known of the possibility of such damages). Subject only to the FYA Guarantee, if applicable, regardless of the form of action (including negligence), in no event shall our aggregate liability arising out of or relating to the use of the site and/or the FYA Services and Products exceed the aggregate amount paid by you to use or access the Site and/or FYA Services and Products. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

Assumption of Risk and Release.

You understand that breaking the seal, opening, or otherwise tampering with the Final Product, including for the removal or attempted removal of Artwork, includes certain inherent risks, including, but not limited to, damage to the Final Product, the Artwork, and/or personal injury to you. You assume all risk arising in connection with or related to such activity. Further, you hereby release Art.com, Inc. and each of its successors, assigns, parents, subsidiaries, distributors, directors, officers, employees, agents, partners, (together, “Art.com Persons”) from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services and Products. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Indemnity

By using the FYA Services and Products, you agree to defend, indemnify and hold harmless Art.com Persons from and against any costs, losses, judgments, awards, damages and expenses (including reasonable attorney’s fees) (together, “Indemnification Costs”) related to any action, suit, claim or proceeding made, brought or threatened by a third party against Art.com arising out of or in connection with any content you upload, post, or otherwise transmit on or through the Site, your conduct, your violation of the these Frame Your Art Terms of Use, or your violation of the rights of any third party. Indemnification Costs shall include any costs incurred in the enforcement of the foregoing.

Applicable Law

By visiting the Site and accessing the FYA Services and Products, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Frame Your Art Terms of Use and any dispute of any sort that might arise between you and us relating to the use of the Site. Any dispute relating in any way to your visit to or use of the Site shall be subject to the exclusive jurisdiction of the state or federal courts located in Alameda County, California, and you consent to exclusive jurisdiction and venue in such court.

Subject To Change Without Notice; Severability

We reserve the right to make changes to our site, policies, and these Frame Your Art Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Updated June, 2016