Payment and shipping

PROMPT, DEPENDABLE SHIPPING

We want you to get your products as quickly and inexpensively as possible. We strive to have minimum downtime between production and shipping so your personalized photo gifts get to you on time, with no delays.

Snappy Delivery Time

We have a production time of 2-3 business days, with orders generally being successfully delivered within 7-10 days.

Special production and delivery times apply to the following products: Acrylic Prints, Aluminum Prints, Acrylic-Forex Prints, Photo Box, Phone Cases, Blankets, Magnets and Acrylic Block. On these items, we have a production and shipping turnaround time of 18 business days.

During peak periods (such as Christmas) when our production team faces high order volumes, our enduring commitment to the tip-top quality of product unfortunately means that your order might take a little longer to get to you.

Easy Tracking

Keep tabs on your parcels with the unique tracking number tagged onto every package. After you've placed your order, a link to the carrier's activity report will be sent to you, with which you can monitor your canvas prints' journey.

We ship only using our ever-reliable partner UPS so your prints are always with a safe pair of hands.

To track your UPS package: track order »

The following products are automatically dispatched via our Priority Delivery untracked shipping option: Acrylic Prints, Aluminum Prints, Acrylic-Forex Prints, Photo Box, Phone Case and Acrylic Block. These parcels will be handled and delivered by your local postal service.

Reliable Home Delivery

Your custom canvas prints and other photo gifts will be shipped directly to you. Avoid missing your package by signing up to get an email or text message delivery alert with UPS – you'll be notified the day before of its arrival.

Sign up for the free UPS My Choice service to get delivery alerts and/or authorize, reroute or reschedule deliveries!

Shipping costs

USA

*Orders over $75 are free to continental US only (Excludes Alaska, Hawaii, Virgin Islands, and Puerto Rico).

Continental US Shipping costs for the first article, packaging included starts at $9.90 depending on size. Please check your shopping cart for specifics.

Delivery to Alaska, Hawaii, Virgin Islands, and Puerto Rico: $39.90

Secure payment

You can choose the following payment methods at our shop:

Credit Card

We accept all major credit cards (American Express, Visa, Mastercard and Discover Card). Bestcanvas, Inc. is a verified ipayment merchant and uses SSL technology to ensure all of your credit card details are handled securely.

For data transmission the security standard SSL (Secure Socket Layer) is used. This way, your data is protected at all times. This procedure is also used by Banks to ensure your safety.

PayPal

You can pay very easily with your PayPal account at bestcanvas.com. Simply choose PayPal as payment method at the shopping cart. You will be forwarded automatically to the PayPal payment system. After having completed the order, you will receive an order confirmation shortly via e-mail. Delivery.

Thawte SSL

We are using the security standard SSL (Secure Socket Layer) for data transmission. This way, your data is protected at all times. This procedure is also used by banks to ensure your safety.

Shipping Info

PROMPT, DEPENDABLE SHIPPING

We want you to get your products as quickly and inexpensively as possible. We strive to have minimum downtime between production and shipping so your personalized photo gifts get to you on time, with no delays.

Snappy Delivery Time

We have a production time of 2-3 business days, with orders generally being successfully delivered within 7-10 days.

Special production and delivery times apply to the following products: Acrylic Prints, Aluminum Prints, Acrylic-Forex Prints, Photo Box, Phone Cases, Blankets, Magnets and Acrylic Block. On these items, we have a production and shipping turnaround time of 18 business days.

During peak periods (such as Christmas) when our production team faces high order volumes, our enduring commitment to the tip-top quality of product unfortunately means that your order might take a little longer to get to you.

Easy Tracking

Keep tabs on your parcels with the unique tracking number tagged onto every package. After you've placed your order, a link to the carrier's activity report will be sent to you, with which you can monitor your canvas prints' journey.

We ship only using our ever-reliable partner UPS so your prints are always with a safe pair of hands.

To track your UPS package: track order »

The following products are automatically dispatched via our Priority Delivery untracked shipping option: Acrylic Prints, Aluminum Prints, Acrylic-Forex Prints, Photo Box, Phone Case and Acrylic Block. These parcels will be handled and delivered by your local postal service.

Reliable Home Delivery

Your custom canvas prints and other photo gifts will be shipped directly to you. Avoid missing your package by signing up to get an email or text message delivery alert with UPS – you'll be notified the day before of its arrival.

Sign up for the free UPS My Choice service to get delivery alerts and/or authorize, reroute or reschedule deliveries!

Shipping costs

USA

*Orders over $75 are free to continental US only (Excludes Alaska, Hawaii, Virgin Islands, and Puerto Rico).

Continental US Shipping costs for the first article, packaging included starts at $9.90 depending on size. Please check your shopping cart for specifics.

Delivery to Alaska, Hawaii, Virgin Islands, and Puerto Rico: $39.90

Privacy policy

Last updated on: 2018-10-16

Bestcanvas Inc. and its affiliates (collectively, "Bestcanvas"), respect your concerns about privacy. This Privacy Policy describes the types of personal information we collect, how we use the information, with whom we share it, and your choices regarding our collection, use and disclosure of the information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices. We take the privacy of all our users and customers very seriously.
The phrase "personal information" refers to information by which you or the device you are using to connect to the Internet can be identified.

1. Information We Collect

  1. We may obtain personal information about you from various sources, including this and other websites of Bestcanvas, [mobile applications,] when you call or email us or communicate with us through social media, or when you participate in events or other promotions. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties.

    The types of personal information we may obtain include:

    • Your contact information (such as name, Twitter handle, postal and email address, or phone number)
    • Your photos that you upload on our websites to use our service or place orders for products
    • Contact information of friends or other people you would like us to contact
    • Username and password for the account you may establish on our websites
    • Payment details (including payment card number, security code, expiration date, cardholder name and billing address)
    • Shipping information (including the shipping address and phone number)
    • Demographic information (such as age, date of birth and gender)
    • Information you provide by interacting with us through social media, including photographs
    • Location information, such as the real-time geographic location of the device on which you install our mobile applications
    • Shopping behavior and preferences, and a record of the purchases you make on our websites
    • Other details that you may submit to us or that may be included in the information provided to us by third parties

    In addition, when you visit our websites or use our mobile applications, we may collect certain information by automated means, such as cookies and web beacons. A "cookie" is a text file that websites send to a visitor's computer or other Internet-connected device to uniquely identify the visitor's browser or to store information or settings in the browser. A "web beacon," also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server. We also may use third-party website analytics tools (such as Google Analytics), that collect information about visitor traffic on our websites and mobile applications. The information we may collect by automated means includes:

    • Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type)Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type)
    • URLs that refer visitors to our websites
    • Dates and times of visits to our websites
    • Information on actions taken on our websites (such as page views and site navigation patterns)
    • A general geographic location (such as country and city) from which a visitor accesses our websites
    • Search terms that visitors use to reach our websites.

2. How We Use Your Information

  1. We may use the information we obtain about you to:

    • Register you for membership at our websites, and manage and maintain your account on the websites
    • Provide products or services you request
    • Process, validate, confirm, verify, deliver and track your purchases (including by processing payment card transactions, arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone)
    • Maintain a record of the purchases you make on our websites
    • Respond to your questions and comments and provide customer support
    • Communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you
    • Enable you to communicate with us through our blogs, social networks and other interactive media
    • Publish your testimonials about Bestcanvas, including on our websites and blogs, and on social networks (if we choose to publish your testimonial, we will include only your first name, last name, city and state)
    • Manage your participation in our events, sweepstakes and other promotions
    • Tailor our products and services to suit your personal interests and the manner in which visitors use our websites, applications and social media assets
    • Operate, evaluate and improve our business and the products and services we offer
    • Analyze and enhance our marketing communications and strategies (including by identifying when emails sent to you have been received and read)
    • Analyze trends and statistics regarding visitors' use of our websites, mobile applications and social media assets, and the purchases visitors make on our websites
    • Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users
    • Enforce our Website Terms of Use, Terms of Service and Terms of Sale
    • Comply with applicable legal requirements and industry standards and our policies.

    In addition to the data uses described above, we may use the information collected through cookies and other automated means to uniquely identify the electronic shopping basket you may create on our websites and enable you to retrieve shopping baskets you previously created. We also may use cookies to identify and authenticate visitors.

    We may combine the information we collect with publicly available information and information we receive from our parent, affiliate or subsidiary companies, business partners and other third parties. We may use that combined information to enhance and personalize your shopping experience with us, to communicate with you about products, services and events that may be of interest to you, for other promotional purposes, and for other purposes described in this section.

    We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

    Online Advertising

    On our websites, we may collect information about your online activities to provide advertising about products and services tailored to your individual interests. You may see certain ads on this and other websites because we participate in advertising networks. Ad networks allow us to target our advertising to users through demographic, behavioral and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other methods. The networks use this information to show you advertisements for Bestcanvas and our business partners that are tailored to your individual interests. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors' advertising networks, such as the pages or advertisements you have viewed, and the actions you take on the websites. This data collection and ad targeting take place both on our websites and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.

    To direct our ad network vendors not to use your data to deliver targeted advertising to you, please contact us: Bestcanvas Inc, 3443 NW 107th Street, Miami FL 33167, 1-844-621-2781, info@bestcanvas.com

3. With Whom We Share Your Personal Information

  1. We do not sell or otherwise disclose personal information about you, except as described in this Privacy Policy. We may share the personal information we collect with our parent, affiliate and subsidiary companies, business partners, [ad network vendors and their participants, ]and other third parties for the purposes described in this Privacy Policy, including to communicate with you about products and services, offers, events and promotions that we believe may be of interest to you. We also may share personal information with our service providers who perform services on our behalf. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

    We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell, merge or transfer all or a portion of our business or assets. Following such a sale, merger or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

    Posted Information

    Bestcanvas may reserve certain portions of its websites to permit registered users to post materials or information, including but not limited to classified ads, user resumes or other information, job listings, user demonstration reels or other sample materials, graphics, images, opinions, comments, conversations or questions ("Posted Information"). The purpose of Posted Information is to make that information available to the public. CONSEQUENTLY, POSTED INFORMATION IS NOT GOVERNED BY THIS PRIVACY POLICY BUT BY THE TERMS OF USE (AVAILABLE AT WWW.BESTCANVAS.COM/TERMSOFUSE ).

4. Your Choices

  1. You may direct Bestcanvas not to share your personal information with our business partners for those partners' own purposes; however, we must be able to share your personal information with our affiliates involved in the process of handling your orders, with credit card processing companies and our shipping partner.

    If you would like us not to share personal information with any other third parties, please adjust your preferences using the online account you may establish on our websites. If you opt out, we will continue sharing your personal information as otherwise described in paragraph of this Privacy Policy, including with our affiliates and service providers, to fulfill your requests and to comply with legal requirements.

    4.1 Sharing Information with Business Partners

    You may direct Bestcanvas not to share your personal information with our business partners for those partners' own purposes; however, we must be able to share your personal information with our affiliates involved in the process of handling your orders, with credit card processing companies and our shipping partner.

    If you would like us not to share personal information with any other third parties, please adjust your preferences using the online account you may establish on our websites. If you opt out, we will continue sharing your personal information as otherwise described in paragraph of this Privacy Policy, including with our affiliates and service providers, to fulfill your requests and to comply with legal requirements.

    4.2 Marketing Emails

    If you wish to receive the newsletter offered on the website, we need you to provide a valid email address plus information allowing us to check that you are the owner of the email address provided or that the owner of the email address is in agreement with the receipt of the newsletter. No further Data will be required. We use your personal data to process your order and for our own promotional purposes. You can cancel the use of your personal data for promotional purposes at any time for single instances or overall without any costs except the basic transmission costs. A written note to info@bestcanvas.com or the contact data provided in the imprint (fax, letter) will suffice for that purpose. You may choose not to receive marketing email communications from us by clicking on the unsubscribe link in the marketing emails.

    4.3 Cookies

    Most browsers allow you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. You can learn more about cookies by visiting http://www.allaboutcookies.org/. You may find more information about opting out of most third-party service cookies at http://www.networkadvertising.org or other related websites. If you choose to reject all cookies, you may not be able to take full advantage of all of our websites' features or experience limited or no access or functionality of our services. In addition, disabling cookies may cancel opt-outs that rely on cookies, such as web analytics or targeted advertising opt-outs.

    This website makes use of a web analysis service that includes bid management provided by intelliAd Media GmbH of Sendlinger Str. 7, 80331 Munich, Germany. For the optimization and demand-actuated design of this website, anonymous user data as well as user profiles are collected and aggregately saved with the use of pseudonyms. Cookies are stored locally through the application of intelliAd Tracking. According to §15 of the current version of the German Teleservices Act, you – as a visitor to the site – have the right to object to the present and future storage of your (anonymously collected) visitor data. You may exercise this through the intelliAd Opt-Out function.

    4.4 Targeted Advertising

    To opt out of receiving marketing communications through the advertising networks of our ad network vendors, please click here , then click "Select all" on the linked website and press the "Submit" button.

    4.5 Web Analytics

    You may opt out of the aggregation and analysis of data collected about you on our websites by Google Analytics by clicking here and installing the opt-out app provided at the linked page.

    4.6 Geo-Location Information

    When you use a Bestcanvas application on your mobile device, you may choose not to share your geo-location details with us by adjusting the device's location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

    4.7 Your California Privacy Rights

    If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that Bestcanvas has disclosed to third parties for the third parties' direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties' business cannot reasonably be determined from their names, examples of the products or services marketed, if known to Bestcanvas, sufficient to give you a reasonable indication of the nature of the third parties' business. To submit your request, please email info@bestcanvas.com.

    4.8 Access and Correction

    You may obtain a copy of certain personal information we maintain about you. Bestcanvas will make an effort to keep all your personal information up to date when you provide it to us. If any of your personal information changes, or you identify a mistake in our records, or if you wish to change your password, you may update your account information at any time by logging into your account. If you have forgotten your password you can contact us using the link in paragraph 9 ("Contact Us") and we will update your data and reset your password. If we deny an access request, we will notify you of the reasons for the denial.

5. Security

  1. We maintain administrative, technical and physical safeguards designed to assist us in protecting the personal information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we use Secure Sockets Layer encryption to protect certain of your purchase information while in transit.

    Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.

    To further protect yourself, you should safeguard your Bestcanvas account user name and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our websites. Please note that we will never ask for your account user name or password via email.

    If you believe that your interaction with Bestcanvas is no longer secure (for example, if you suspect that the security of your account has been compromised), you must immediately notify us of the problem by contacting us in accordance with paragraph 9 ("Contact Us"). Note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem.

6. Children's Privacy

  1. We do not direct our websites to children under the age of thirteen. We require registered users of our website to be at least 18 years old. If we learn that a user is under 18 years of age, we will promptly delete any personal information that the individual has provided to us.

7. Linked Third Party Websites

  1. Our websites may contain links to third party websites. These linked third party websites are not under our control and we are not responsible for their content or privacy practices, or any link contained in any linked website. We provide such links only as a convenience, and the inclusion of a link on any Bestcanvas website does not imply that we endorse the linked website. If you provide any information through any linked third party website, your transaction will occur on such third party's website and the information you provide will be collected by, and controlled by the privacy practices of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

8. Changes and Notification

  1. We reserve the right to modify our Privacy Policy at any time. If our Privacy Policy changes, we will post the revised policy on our websites and change the 'Last Updated' date at the top of this page to reflect the date of the modification. Please check back periodically.

Contact Us

  1. To communicate any questions or concerns to us please use the contact details found here.
BestCanvas.com

Terms of Service

Last updated on: 2018-09-13

Bestcanvas, Inc. ("Bestcanvas") makes the bestcanvas.com website (the “Site”) and the Service (as defined below) available to you. The use of the Site is governed by the Terms of Use. Bestcanvas also provides to you via the Site a Service (as defined below) that is governed by the following Service Terms and Conditions. In addition, Bestcanvas gives you the option to purchase certain Products (as defined below) created with the help of the Service. The purchase of such Products is governed by the Terms of Sale.
By using the Service, you agree to be bound by these Terms of Service and the Terms of Use, and if you are using the Service on behalf of a business, that business accepts these terms. When we refer to these Terms of Service, the Terms of Use are included by reference. If you buy Products from the Site, you are also bound by the Terms of Sale.
Bestcanvas may change these Terms of Service from time to time at Bestcanvas's sole discretion. Your continued use of the Service following the posting of such changes will constitute your agreement to all such changes. Please visit this section of the Site periodically to review the current version of these Terms of Service. If you disagree with the changed Terms of Service, do not use the Service any longer.

1. The Service and Products.

  1. 1.1 Bestcanvas provides various Internet-based services through the Site (collectively, the "Service"). One such service enables you, by interacting with Bestcanvas’s computers using the Site, to upload photos or other images (collectively, “Images”) and to customize size, layout, colors and other specifications of the Images (collectively, “Designs” and, together with the Images, “Content”) for the manufacture of machine-printed, custom-made canvas prints and other photo print products ("Products").

    1.2 We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop the Service altogether without giving you prior notice.

2. Use of the Service.

  1. 2.1 Eligibility.

    Bestcanvas will only knowingly provide the Service to parties that may lawfully enter into and form contracts under applicable law. If you are under the age of 18 (eighteen) years, you may use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The Service is not intended for children under 13.

    2.2 Compliance with Terms of Service and Applicable Laws.

    When you use the Service, you must comply with all of the terms and conditions of these Terms of Service, as well as the applicable agreements and policies referred to below, and all applicable laws, regulations and rules.

    2.3 Your License to Use the Service.

    (a) Except as expressly provided for in these Terms of Service, all intellectual property and other rights, title and interest in and to the Site and the Service are and will be the sole and exclusive property of Bestcanvas and/or its suppliers or licensors. Among other things, Bestcanvas owns the trademark Bestcanvas.com, the copyrights in and to the Site and certain technology used in providing the Service. You will not acquire any right, title or interest therein or thereto under these Terms of Service or otherwise.

    (b) Bestcanvas grants you a limited revocable, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Service for its intended purposes (the “License”), if and so long as you comply with these Terms of Service. The License does not include the right to collect or use information contained on the Site for purposes prohibited by Bestcanvas, compete with Bestcanvas, create derivative works based on the content of the Site, or download or copy the Site, other than page caching. If you use the Service in a manner that exceeds the scope of the License or if you otherwise breach these Terms of Service, Bestcanvas may and will revoke the License granted to you. Bestcanvas may also pursue other legal remedies permitted by applicable law against any person using the Site in violation of these Terms of Service.

    (c) For further information regarding your intellectual property rights, please see paragraph

    2.4 Services by Third Parties.

    Bestcanvas may use third parties to provide certain other services accessible through the Site, including but not limited to shipping of Products created using the Service. Bestcanvas does not control those third parties or their services, and you agree that Bestcanvas will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms of Service when you use these services. If any such terms or policies conflict with Bestcanvas's Terms of Service, agreements or policies, you must comply with Bestcanvas's Terms of Service, agreements or policies, as applicable.

Back to top...

3. Use of Your Content; License to Bestcanvas.

  1. 3.1 You will retain ownership of the Content that you upload to or design on the Site, particularly any Images to which you have the copyright or a license that permits you to upload such Images to the Site and to use the Service. By uploading Images to the Site or creating Designs and Content, you grant the following licenses to Bestcanvas: a fully-paid up, royalty-free, non-exclusive, worldwide, transferable, sublicensable right to reproduce, distribute, prepare derivatives works from, crop, or otherwise modify the Images and Designs.

    3.2 You may remove Content at any time, and you retain all your copyright and other intellectual property rights, if any, in that Content. If you choose to remove Content, this will serve as a notice to Bestcanvas of your intention to terminate the licenses described in the above paragraph 3.1, and those licenses will terminate immediately and automatically, except that Bestcanvas will fulfill all orders for Products that are in any way derived from that Content placed prior to notice of termination.

    3.3 In addition to uploading Content, the Site may provide you with the option to upload your User Feedback or Posted Information (as those terms are defined in the Terms of Use). You acknowledge that User Feedback and Posted Information are not Content and are not governed by these Terms of Service but by the Terms of Use. You should review the Terms of Use, as they grant Bestcanvas wide-ranging rights to use, disclose, distribute, modify, display and distribute User Feedback, and hold that all Posted Information is publicly available to any viewer of the Site. If you submit feedback or suggestions about our Service, we may use your feedback or suggestions without obligation to you.

Back to top...

4. Reservation of Rights.

  1. 4.1 Bestcanvas reserves the right to modify, revise or discontinue the Service, or any features, functionality or services provided as part thereof or in connection therewith, without prior notice to you.

    4.2 Bestcanvas reserves the right, but does not assume any obligation, to monitor transactions and communications that occur using the Service. If Bestcanvas determines, in its sole and absolute discretion, that you or another Bestcanvas user has breached or will breach a term or condition of these Terms of Service or that such transaction or communication is inappropriate, Bestcanvas may cancel such transaction or take any other action to restrict access to the Site or restrict the availability of any material that may be considered objectionable, without any liability to you or any third party.

Back to top...

5. Prohibited Use.

  1. 5.1 You may only use the Service as expressly permitted by Bestcanvas. You may not cause harm to or take any action which may adversely affect the Site or the Service. Specifically, without limitation, you may not:
    (a) interfere with the Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
    (b) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Service;
    (c) use any device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology;
    (d) collect email addresses or other information from third parties by using the Service;
    (e) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Bestcanvas's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service. By using the Bestcanvas Site, you are promising that you are not using the Service or the Site for any of the Prohibited Uses.

Back to top...

6. Representations and Warranties.

  1. 6.1 You represent and warrant to Bestcanvas:

    (a) that you have the full power and authority to enter into and perform under these Terms of Service or, if you are a minor, your parent or legal guardian has approved and consented to your entering into these Terms of Service and agrees to be bound by these Terms of Service,
    (b) the acceptance and performance of your obligations under these Terms of Service do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, and
    (c) these Terms of Service are your legal, valid and binding obligation, enforceable in accordance with their terms and conditions.

    6.2 You represent and warrant to Bestcanvas that, in connection with your use of the Service, you:

    (a) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and
    (b) will comply with all applicable laws, rules, and regulations and
    (c) that you have the right to grant the License to Bestcanvas in subsection 3.1. You further represent and warrant to Bestcanvas that:
    (d) there are no claims, demands or any form of litigation, arbitration or investigation pending, or to the best of your knowledge, threatened with respect to any of your Content;
    (e) Bestcanvas will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Bestcanvas incurs in providing the Service;
    (f) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and
    (g) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

7. Disclaimers and Exclusions.

  1. 7.1 DISCLAIMER OF WARRANTIES.

    BESTCANVAS PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. BESTCANVAS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE:
    (a) WILL BE UNINTERRUPTED OR TIMELY,
    (b) WILL BE SECURE, FREE OF INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS,
    (c) WILL MEET YOUR REQUIREMENTS, OR
    (d) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BESTCANVAS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

    7.2 EXCLUSION OF DAMAGES. BESTCANVAS OR ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS) ARISING IN ANY WAY OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    7.3 LIMITATION OF LIABLITY. IN NO EVENT WILL THE LIABILITY OF BESTCANVAS OR ITS SUPPLIERS OR LICENSORS EXCEED THE PRICE PAID BY YOU FOR THE SERVICES RENDERED TO YOU OR, IF YOU PURCHASED ANY PRODUCT, THE PRODUCT. THE PRICE EXCLUDES THE COST OF SHIPPING OF ANY PRODUCTS TO YOU OR ANY TAXES OR ANY OTHER PAYMENT TO A THIRD PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF BESTCANVAS, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification.

  1. 8.1 You agree to indemnify and hold Bestcanvas and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Indemnified 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 Indemnified Parties alleging or threatening that, through any act or omission, you have breached any of these Terms of Service or have caused loss, damage or liability to such claimant. If you are required to indemnify Bestcanvas under this paragraph 8, Bestcanvas 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 Bestcanvas's express written permission.

9. Termination of Service.

  1. 9.1 Bestcanvas may, at any time and without notice to you, suspend or terminate your use of the Service if Bestcanvas determines, in its sole and absolute discretion, that you have breached a term of these Terms of Service.

    9.2 Notwithstanding paragraph 9.1 above, these Terms of Service will survive indefinitely unless and until Bestcanvas chooses to terminate them.

    9.3 If you or Bestcanvas terminates your use of the Service, Bestcanvas may delete any Content or other materials relating to your use of the Site or the Service on Bestcanvas's servers or otherwise in its possession without notice to you, and Bestcanvas will have no liability to you or any third party for doing so.

10. Miscellaneous.

  1. 10.1 All notices required or permitted to be given under these Terms of Service must be in writing and delivered to the other party by any of the following methods: (i) certified U.S. mail, return receipt requested, (ii) tracked overnight courier service, or (iii) electronic mail. If you give notice to Bestcanvas, you must use the following addresses: Bestcanvas, Inc., 3443 NW 107th Street, Miami FL 33167, email: corporate@bestcanvas.com. If Bestcanvas provides notice to you, Bestcanvas will use the contact information provided by you to Bestcanvas. 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 second day after deposit with such courier service, or (iii) if by electronic mail, on the first business day after the message was sent, if no electronic notice of delivery failure or system error is provided to the sender. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

    10.2 These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida without reference to such laws’ conflict of law principles.

    10.3 All disputes arising out of, relating to or connected with these Terms of Service or your use of any part of the Service will be exclusively resolved by the state or federal courts sitting in Dade County, Florida. You waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non conveniens. Notwithstanding anything to the contrary in this paragraph 10.3, Bestcanvas may seek equitable relief, including, without limitation, injunctive relief and specific performance, against you without the requirement of posting a bond or other security or proving money damages are insufficient, from any court of competent jurisdiction. You and Bestcanvas irrevocably waive the right to jury trial.

    10.4 These Terms of Service will be binding upon each party hereto and its successors and permitted assigns. Bestcanvas may assign its rights and delegate the performance of its obligations under these Terms of Service to any affiliate of Bestcanvas. You may not assign your rights or delegate your obligations under these Terms of Service to any person without the prior written consent of Bestcanvas.

    10.5 These Terms of Service (including all of the policies and other terms and agreements described therein , which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter.

    10.6 No failure or delay by a party in exercising any right, power or privilege under these Terms of Service 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.

    10.7 You and Bestcanvas are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.

    10.8 Nothing in these Terms of Service is intended to affect your rights, if any, under applicable consumer protection laws. In the event that any of the terms of these Terms of Service contradict your rights under applicable consumer protection laws, then the terms of such law shall govern but only insofar as specific provisions of these Terms of Service are incompatible with such law, and the rest of these Terms of Service shall remain unaffected. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

Copyright 2014 - © Bestcanvas, Inc., 3443 NW 107th Street, Miami FL 33167. All rights reserved.

Back to top...