Terms and Conditions
OilPortraits.com, referenced in these Terms and Conditions, refers to Original Oil Portraits, LLC, a Tennessee based LLC.
Original Oil Portraits: All portraits are 100% Hand Painted Original Oil Portraits, painted from photographs. Due to the nature of original hand painting, each portrait might include minor imperfections associated with the Artist, paint, color and/or canvas.
Orders: Once your order is placed, it cannot be canceled. Due to the custom nature of the product being purchased, it cannot be stopped and/or canceled, once ordered and paid. Should this occur, the entire monies paid will be forfeited.
Guarantee: OilPortraits.com offers a 100% Satisfaction Guarantee. If you are not satisfied with your Portrait, once it is received, then you must notify us within 3 days, to receive a Return Authorization Number. You only need to return the portrait, in its Original Packaging, and you will receive a full refund, less the shipping fee. The Customer will be responsible for return shipping. In cases where multiple photos are used to combine into one Portrait, and those that are full-length photos that are painted as small portraits, will not be allowed a 100% money back guarantee. In the rare case that you are not satisfied, we will certainly attempt to correct any items of which you are not satisfied. Return shipping will be to your account and we will cover the cost of returning the "re-worked" portrait to you.
Shipping Damage Claims: OilPortraits.com takes special care in inspecting and packing your Portrait before shipment. In the rare occurrence should damage occur, it is the exclusive responsibility of the buyer to notify the Shipper of any damage. The buyer must make any claims of damage directly with the shipping company. It is recommended that any boxes and/or packing materials, be kept until a claim has been filed and the Shipper has inspected the damaged product. Please note we do not package damaged product. If damage is found, then it could have only occurred in shipping.
Security: Your online credit card transactions are secure, to the best of our ability, at OilPortraits.com. We use a secure transaction system to ensure safe Internet transmission of your personal information. Making a credit card purchase, is just as safe on our website, as it is by telephone.
Personal Information: When you register with OilPortraits.com, you give us your email address. OilPortraits.com does not collect personally identifiable information from anyone under the age of thirteen. If you are under thirteen, please ask your parents to register or exit this website. If you give us your email address, we may contact you with special information about OilPortraits.com and our products. We communicate with you by email, only if we have your permission. Otherwise, we use your information only to improve our services to our clients. OilPortraits.com does not sell or rent our client's names, addresses, email addresses or other personal information. In order to maintain our website and enhance our client communications, OilPortraits.com may contract with selected third parties. As necessary, your personal information may be shared with these third parties, solely for the purpose of assisting OilPortraits.com in these endeavors, and subject to strict contractual confidentiality obligations. We do not otherwise disclose your information to third parties, unless required by law or in connection with a legal claim or proceeding. If OilPortraits.com is acquired by another entity, information about OilPortraits.com clients may be part of the transfer.
Receiving email promotions: If you give us your email address either on the home page or when you register, order, or enter a contest, we will send you emails about promotions. To remove yourself from our email list, send us an email: firstname.lastname@example.org.
Additional Terms & Conditions: Thank you for visiting our Web Site ("Site"). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE.
Submissions: You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to OilPortraits.com through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, OilPortraits.com property. Such disclosure, submission or offer of any Submission, shall constitute an assignment to OilPortraits.com of all rights, title and interests in all copyrights and other rights in the Submission. OilPortraits.com is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with, or related to this Site, you agree that OilPortraits.com has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. OilPortraits.com does not, cannot, and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are, and shall remain, solely responsible for the content of any Submission you make.
Disclaimer: Material in this Site may contain inaccuracies or typographical errors. OilPortraits.com shall not be liable or responsible for any loss or damage caused by, or arising from, any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice. OilPortraits.com is not responsible for product anomalies or errors by product designers.
No Warranties: THIS SITE, AND THE CONTENTS OF THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OILPORTRAITS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. OILPORTRAITS.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT OILPORTRAITS.COM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND, WHATSOEVER, ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
Limitation of Liability: IN NO EVENT SHALL OILPORTRAITS.COM BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF OILPORTRAITS.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR UNDER ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS AND MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: You agree to defend, indemnify and hold harmless OilPortraits.com its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.
Miscellaneous: These Terms and your use of this Site shall be governed under the laws of the State of Tennessee, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be resolved exclusively by the state and federal courts of the State of Tennessee and/or County of Hamilton. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.
Return of Original Photographs: OilPortraits.com makes every attempt to return all original photographs. Should your Original Photograph be lost, for any reason, Customer (buyer) agrees to hold OilPortraits.com, harmless from any claims and/or damages related to such loss.
Copyright and Trademark Information: Copyright © 2008 OilPortraits.com. All rights reserved. All materials on this Web Site (the "Site"), and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by OilPortraits.com or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, and other materials contained in this Site, as well as the software used in the design and development of this Site. All rights are reserved, worldwide.
The name and mark OilPortraits.com and all other OilPortraits.com related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks of OilPortraits.com in the United States and in other countries. The materials contained in this Site are displayed for informational and promotional purposes only.
Ownership of new Copyright and Use Agreement: Copyright of all Portraits produced by OilPortraits.com are owned exclusively by OilPortraits.com and may be used in future publications and/or marketing materials, without the express written consent of the customer of OilPortraits.com. No Portraits, photos or any website information, may be copied or used in anyway, without the express written consent of OilPortraits.com. From time to time a photograph of a finished Portrait may be used on this or a related party website as an example. Should this occur no names will ever be associated with the Portrait.