Terms & Conditions
DOG HAIR IN MY PAINT TERMS AND CONDITIONS
Last Updated: June 10, 2019
Welcome to Dog Hair In My Paint! Dog Hair In My Paint provides customers hand-made, custom photo tiles, coasters, plaques, art and wall hangings. Before you use our website, please carefully review the Terms and Conditions set out below (the “Terms”). In addition, specific pages on our website may set out additional terms and conditions. These Terms may be changed or updated at any time. You can always find the most recent version here. You should periodically check this page to make sure you are up to date.
By ordering from or uploading photos, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Dog Hair In My Paint that you will use this website only in a manner consistent with these Terms. If you have questions about these Terms, please contact [email protected] Your use of the DogHairInMyPaint.com website is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use this site.
Please note the arbitration provision set forth below, which, except and to the extent prohibited by law, may require you to arbitrate any claims you may have against Dog Hair In My Paint on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
You can create a Dog Hair In My Paint account if you are at least 18 years of age and submit certain requested information to Dog Hair In My Paint, including your name and correct email address. You are responsible for preserving the confidentiality of your account and password and for restricting access to your account, and are responsible for all activities that occur under your account or password. You will notify Dog Hair In My Paint of any known or suspected unauthorized use of your account.
In case Dog Hair In My Paint decides to discontinue providing the Services in your country, your account will be automatically terminated upon discontinuance of the Services. Dog Hair In My Paint will provide at least 30 (thirty) days’ notice prior to such site closure. Any unused free product credits will expire without separate notice upon Dog Hair In My Paint site closure.
Digital Image Storage
You should always preserve your original photos, or make back-up copies of such photos Dog Hair In My Paint will not be liable to you for the loss of any photos.
Dog Hair In My Paint is committed to ensuring that its website remain a safe place to process your photos. To that end, we allow customers to be creative with their photos. Users of the DogHairInMyPaint.com, whether they have created an account or not, may not use the website to process “Prohibited Content.” Generally, Prohibited Content includes Content or other material that:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
- Violates or otherwise encroaches on the rights, including the intellectual property, publicity or personal rights, of others;
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services (collectively “Corruptive Code”);
- Advocates illegal activity;
- Violates any law or regulation;
- Harms anyone, including minors; or,
- Provides a link to any of the above.
Since all items are hand-made, all photos submitted to the DogHairInMyPaint.com website will be subject to examination.
All photos (whether private or public) processed, is the sole responsibility of the person who submitted it. Thus, you are responsible for your photos that you submit to our website.
Links to Other Websites
Our website may contain links to other websites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through our website is governed by our Privacy Page.
The DogHairInMyPaint.com website contains copyrighted material, and other proprietary information, including videos, comments, information, text, photos, and graphics (“Dog Hair In My Paint Content”). The Dog Hair In My Paint Content is subject to copyrights owned by Dog Hair In My Paint and is protected by United States and international copyright laws.
The names, and logos of Dog Hair In My Paint belong exclusively to Dog Hair In My Paint and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. Nothing stated or implied on the DogHairInMyPaint.com site confers on you any license or right under any intellectual property right of Dog Hair In My Paint or any third-party.
Your Intellectual Property Rights & License Grant
Please Note: While you retain ownership of your uploaded photos, any photo, template or layout provided to you by Dog Hair In My Paint are not proprietary to you, and the rights to such template or layout will remain with Dog Hair In My Paint.
In order for Dog Hair In My Paint to provide our custom products to you, as a condition to account creation you hereby grant to Dog Hair In My Paint, the right to copy, display, modify, distribute, transmit, and make derivative works of your photos solely for the following purposes: (a) providing our products to you, (b) showing you how your photos would appear in a product offered by Dog Hair In My Paint.
As a condition to account creation, you represent and warrant to Dog Hair In My Paint that you either own your photos or have written permission from the copyright (or other intellectual property right) owner to make such photos available to the DogHairInMyPaint.com site and that the photos do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, trademark or other intellectual property or other property right of any third-party.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual’s likeness in the manner contemplated in these Terms. If any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, please do not submit the related Content to Dog Hair In My Paint.
The DogHairInMyPaint.com products are protected by U.S. and international copyright laws and by other applicable national laws. You may not upload any photos owned by someone else without the written consent of the owner of those photos. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Services.
SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WITHIN THE LIMITS OF APPLICABLE LAWS, DOG HAIR IN MY PAINT WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS WILL BE PROVIDED TO YOU IN USABLE CONDITION. IF YOUR PRINTS ARE DAMAGED OR OF UNACCEPTABLE QUANTITY OR QUALITY, DOG HAIR IN MY PAINT’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR DOG HAIR IN MY PAINT TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (ii) REPRINT THE PHOTOS AT NO EXTRA COST.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, DOG HAIR IN MY PAINT AND DOG HAIR IN MY PAINT AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DOG HAIR IN MY PAINT MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
In addition, when using the DogHairInMyPaint.com website, information will be transmitted over a medium which is beyond the control and jurisdiction of Dog Hair In My Paint. Dog Hair In My Paint assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH DOG HAIR IN MY PAINT IS TO DISCONTINUE YOUR USE OF THE SERVICES OR ANY SERVICE OFFERED BY DOG HAIR IN MY PAINT. IN NO EVENT SHALL OUR LIABILITY, EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTE THAT THE LIMITATIONS IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
Order and Shipping Information
To place an order, you may click “Add to Cart” on the Shop Page. On the Checkout Page you may then select the photo(s) you want for your product and click “Upload Photos”. You will be able to specify the quantity of photos and then you may click “Add to cart.” Once you are in your shopping cart, you will be able to review/edit your products, and/or remove your products before placing your order. If ordering coasters, you can place your photos in the coaster template to check sizing and see how they will look once produced.
Your order constitutes an obligation to pay, subject to acceptance by Dog Hair In My Paint at our sole discretion. An order confirmation does not signify an acceptance of your order, but is merely to confirm receipt of your order. We will send you an order confirmation. Dog Hair In My Paint reserves the right to cancel any order prior to delivery at our discretion, whether or not you have already been charged, in the event of any material errors in connection with your order, or if any further verification of your credit conditions or records so warrants. If you have already been charged and your order is cancelled pursuant to this section, Dog Hair In My Paint will automatically refund you. As the products are individually produced, an approximate shipping and delivery times are shown alongside the product description prior to order completion. Your order will be delivered as soon as available. Due to product drying, curing and shipping, times are estimates only and cannot be guaranteed.
Dog Hair In My Paint reserves the right to change the prices published on the website at any time, however, orders already submitted to us shall not be affected by such changes.
Please note that merchandise will include logos or brand elements that are owned by Dog Hair In My Paint. We seek to ensure that these Dog Hair In My Paint brand elements appear on the back of the product.
There are no returns, as all goods and services on our websites are made to your specification. However, if our products are faulty, please contact [email protected] and we will be happy to work with you.
Notice of Defects
If you are a consumer under applicable laws, the following applies without prejudice to your rights under the legal warranties as described above:
(1) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by emailing [email protected] as soon as reasonably possible but in any case no later than within 28 days after the delivery.
(2) Please specify the delivery note/invoice number when reporting defects.
(3) Please note that differences in color between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
(4) It is important to notice that all sizes and colors mentioned on the services are approximate and some deviations can be expected as the products are hand-made and created on an individual basis.
Dog Hair In My Paint may terminate your account or your use of the DogHairInMyPaint.com, and remove and discard any photos at any time, for any legitimate reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Dog Hair In My Paint.
Choice of Law
Except where and to the extent prohibited by law, you and Dog Hair In My Paint agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of our website, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of them, both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.
Notice shall be sent to: Dog Hair In My Paint, 4508 Atlantic Ave., Unit 212, Long Beach, CA, 90807.
Both you and Dog Hair In My Paint agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including any claim that all or any part of these Terms and Conditions are void or voidable.
Modification of Terms
Dog Hair In My Paint may amend these Terms at any time and for any reason, including the right to terminate all or any part of our products and/or services.
If you have any questions or concerns regarding the Services or these Terms, please contact us at [email protected]