Agreement between User and FromPicToArt.com

Welcome to FromPicToArt.com. The FromPicToArt.com website (the "Site") is comprised of various web pages operated by FromPicToArt. FromPicToArt.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Your use of FromPicToArt.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. FromPicToArt.com is an E-Commerce Site. FromPicToArt.com offers quality custom Art.

Electronic Communications
 Visiting FromPicToArt.com or sending emails to FromPicToArt constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 Your Account
 If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FromPicToArt is not responsible for third party access to your account that results from theft or misappropriation of your account. FromPicToArt and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 Children Under Thirteen
 FromPicToArt does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use FromPicToArt only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services
FromPicToArt.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FromPicToArt and FromPicToArt is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FromPicToArt is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FromPicToArt of the site or any association with its operators. Certain services made available via FromPicToArt.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the FromPicToArt.com domain, you hereby acknowledge and consent that FromPicToArt may share such information and data with any third party with whom FromPicToArt has a contractual relationship to provide the requested product, service or functionality on behalf of FromPicToArt.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use FromPicToArt.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FromPicToArt that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FromPicToArt or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FromPicToArt content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FromPicToArt and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FromPicToArt or our licensors except as expressly authorized by these Terms.

Third Party Accounts
You will be able to connect your FromPicToArt account to third party accounts. By connecting your FromPicToArt account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 International Users
 The Service is controlled, operated and administered by FromPicToArt from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FromPicToArt Content accessed through FromPicToArt.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 Indemnification
 You agree to indemnify, defend and hold harmless FromPicToArt, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FromPicToArt reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FromPicToArt in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FromPicToArt agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FROMPICTOART AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. FROMPICTOART AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FROMPICTOART AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FROMPICTOART AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FROMPICTOART OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
FromPicToArt reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FromPicToArt as a result of this agreement or use of the Site. FromPicToArt's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FromPicToArt's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FromPicToArt with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FromPicToArt with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FromPicToArt with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.


SMS/MMS Mobile Message Marketing Program Terms and Conditions FromPicToArt (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes. The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from FromPicToArt via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above. We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number. You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.


 Exchanges Physical printouts

We would issue an exchange if damage occurred during shipping.
IMPORTANT: After we've shipped your order, you will receive a shipping notification with a tracking number. Should there be a problem with your shipment, please get in touch with us within 14 days of purchase or latest, within 24 hours after delivery.
We cannot offer delivery guarantees for items that have arrived after an estimated date (e.g., birthday).
Please order your items on time. If you are shopping from the United States, we recommend 3–4 weeks for the creation of your artwork, manufacturing, and shipping. We generally recommend 4-6 weeks for orders OUTSIDE the USA.

IMPORTANT! Because the majority of our shipping providers do not deliver to P.O. Boxes, please include a physical address in your order. Otherwise, you run the risk that your order can't be delivered or that you will be asked by the shipping provider to pick up your order at their local facility.

The order is fullfilled and successfully delivered to the customer if the tracking # of the shipping provider confirms this. Ensure that someone age 18 or older is at home to take your order. We are not responsible for stolen or undetectable orders after your order has been delivered.

We accept returns and exchanges. Contact us within 3 days of delivery. Ship items back within 31 days of delivery. 
The following items can't be returned or exchanged because of the nature of these items, unless they arrive damaged or defective, we can't accept returns for: Custom or personalized orders. Perishable products (like food or flowers) and Digital downloads.

Conditions of return
Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value. Once your BINDING CUSTOM ORDER is placed, and we have already started/prepared your artwork, we hope you understand that there cannot be any refunds as time has already been invested in your artwork. If we make an exception and accept your cancellation request of purchase, we charge a 50% cancellation administrative fee (minimum $75) of the purchase price.

Our work applies to the FIRST set of photos uploaded with the order. If further pictures are to be submitted or exchanged after the painting has been created, additional costs will be incurred for the buyer. If the buyer refuses to pay the additional costs for another set of photos, the painting is considered completed with the buyer's first set of photos.

The customer is responsible for the photo upload. Customers can always see how many photos have been uploaded on the order page or/and in the order confirmation email. Alternatively, photos can be sent to service@frompictoart. If the customer missed sending us photos, it is not our responsibility; we will remind the customer one time. If we get no further photos, we will work with the ones already provided.

We also charge an extra fee for changing backgrounds, colors, clothes, etc. and adding, for example, missing body parts. Please inquire about our reasonable service prices BEFORE the painter begins the painting. If we do not receive instructions on how the painting should be designed, we will design it according to our artist's creativity. A later redesign of the picture and/or a possible repaint is not possible without an additional charge. If the buyer refuses to pay the additional charge, the painting is considered finished.

In case the customer deleted the main product ($59.95) and only paid for the surcharge for the size option, we have the right to switch the portrait size to the next smaller size, which compensates for the main product.

If customers sent us multiple photos but didn't pay for the "merge photo" service for multiple photos, we will use the first uploaded photo and create a painting of this photo 24 hours after we sent a copy of the bill for the "merge photo" service. A later change is not possible without paying for a new painting. It is up to the customer to check their email account accordingly.

If the customer does not specify the frame color in the order, we will select a color for the frame.

As we primarily specialize in working with natural materials and meticulously handcrafting our frames, it is possible for variations to occur in the dimensions compared to the measurements provided on the product page. Please note that these deviations should not be considered grounds for filing a complaint.

  
  For digital prints

Due to the nature of the product, a refund is not possible.


Merge Photos, add body parts and change dress colors etc.
Basically, we paint what is on the photo you provide.
1. That means, if you sent us a blurry or low-resolution photo we will paint it as is. It doesn't become sharper in the painting. If you would like to restore your photo, please book our restoration service.
2. Basically we don't add body parts. You get painted what is in your photo. This means if a person on the photo e.g. has legs cut off, the painting will show the same. If you would like to add body parts, this service can also be booked, please contact us before we start painting.
3. Basically we paint the color shown in the photo. If you'd like to change the color of something in the photo contact us before we start painting.
4. Basically, we don't paint the original background, we paint a neutral watercolor style background to put the people in the focus. If you like to keep your original background or like to change the background to an e.g. sunset background, beach background, etc. please contact us before we start painting.
5. If you book a merge service it is your responsibility to let us know the body sizes compare to the other people on the photo before we start to paint. because we don't know your people
6. If you provide us multiple photos to merge and some of them have no lower body, only heads or upper body, we will bring them to the same size.
7. If you want someone in your merge painting in a specific place in your painting, please let us know before we start painting, otherwise we will decide which is the best arrangement.

8. We always show a small signature and Logo of our company on the bottom right of each painting we create. Customer must inform us before we start painting if it is not desired.

If Reviews are written anonymously or with Nickname

FromPicToArt is entitled to complete a customer review with the full first and last name if the customer wrote a nickname or anonymously a review.

In the event that we have to incur increased administrative effort because the customer has not ordered correctly, we reserve the right to charge a processing fee of between $10 and $60. These include, for example (not limited to), reminding the customer about images that were not uploaded, cover letters for payments for add-ons that were not paid for, main products or painting sizes that were deleted from the shopping cart and subsequently caused additional work, and any administrative costs that go far behind the normal ordering process of an online shop.



Changes to Terms
FromPicToArt reserves the right, in its sole discretion, to change the Terms under which FromPicToArt.com is offered. The most current version of the Terms will supersede all previous versions. FromPicToArt encourages you to periodically review the Terms to stay informed of our updates.

service@frompictoart

Effective as of November, 2023