Terms and Conditions



Agreement between User and chosenportrait.com


Welcome to chosenportrait.com. The chosenportrait.com website (the Site) is comprised of various web pages operated by Chosen Portrait. chosenportrait.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the Terms). Your use of chosenportrait.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Understanding Chosen Portrait’s Limitations as a Venue


Chosen Portrait provides a venue for buyers to discover and purchase artworks from all around the world. It is important to note that Chosen Portrait is not a part of that transaction. By shopping on Chosen Portrait, you understand that:

1. You are not buying directly from Chosen Portrait but from one of the talented artists featured on its marketplace;

2. Each artist on Chosen Portrait has their own processing times, rules, preferences, and price.

Purchasing an Item on Chosen Portrait


When you buy from an artist on Chosen Portrait, you’re directly supporting independent artists, each with its unique listings, policies, processing times, and payment systems. By purchasing on Chosen Portrait, you agree that you have:

1. Read the item description and seen sample images of the artist’s style before making a purchase;

2. Understood that The item you purchase will not be an exact replica of the photograph you provided but an interpretation done in the artist’s style;

3. Submitted appropriate payment and uploaded a photo of your choice for item(s) purchased;

4. Provided accurate shipping information to the seller.

Your Content


When you buy on Chosen Portrait, you will be asked to upload a photo of your subject. We refer to this as “Your Content”, and the below paragraphs explain the rules in relation to it.

1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. By agreeing to this policy, you certify that you have all the necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by sharing it.

2. Permission to Use Your Content. We don’t claim any ownership to Your Content, but by uploading it to this service, you grant Chosen Portrait permission to use it for personal and promotional purposes. This may include having the artwork and Your Content shown on the Chosen Portrait social media channels, or on the personal website of the individual artist.

3. Rights You Grant Chosen Portrait and its Artists (the Legal version of the last section). By sharing Your Content, you grant Chosen Portrait a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Chosen Portrait, its Artists, or the Services in general, in any formats and through any channels, including across any Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

4. Opting out of Promotion of Your Content. Should you wish not to have Your Content or the artwork shown on the Chosen Portrait or individual artist’s website or social media channels, please email us at hi@chosenportrait.com.

Our Content


The use of Chosen Portrait artworks or any derivative works based on such products for commercial purposes is prohibited.

Cancellation/Refund Policy


Cancellations are accepted until 24 hours after purchase, which you can get by emailing us at hi@chosenportrait.com, after which the request will be submitted to artists to deliver the best delivery time to you, making all sales final.

Privacy


Your use of chosenportrait.com is subject to Chosen Portrait’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
 

Electronic Communications


Visiting chosenportrait.com or sending emails to Chosen Portrait 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 Chosen Portrait is not responsible for third party access to your account that results from theft or misappropriation of your account. Chosen Portrait 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


Chosen Portrait 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 chosenportrait.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services


Chosenportrait.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Chosen Portrait and Chosen Portrait 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. Chosen Portrait is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Chosen Portrait of the site or any association with its operators.

Certain services made available via chosenportrait.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the chosenportrait.com domain, you hereby acknowledge and consent that Chosen Portrait may share such information and data with any third party with whom Chosen Portrait has a contractual relationship to provide the requested product, service or functionality on behalf of chosenportrait.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 chosenportrait.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Chosen Portrait 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 Chosen Portrait 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. Chosen Portrait 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 Chosen Portrait 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 Chosen Portrait or our licensors except as expressly authorized by these Terms.

 

International Users


The Service is controlled, operated and administered by Chosen Portrait 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 Chosen Portrait Content accessed through chosenportrait.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 Chosen Portrait, 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. Chosen Portrait 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 Chosen Portrait 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 Chosen Portrait 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. CHOSEN PORTRAIT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

CHOSEN PORTRAIT 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. CHOSEN PORTRAIT 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 CHOSEN PORTRAIT 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 CHOSEN PORTRAIT 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


Chosen Portrait 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 California and you hereby consent to the exclusive jurisdiction and venue of courts in California 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 Chosen Portrait as a result of this agreement or use of the Site. Chosen Portrait's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Chosen Portrait'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 Chosen Portrait 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 Chosen Portrait with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Chosen Portrait 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.

 

Changes to Terms


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


Effective as of February 14, 2020