General Terms and Conditions
Last Updated On 06/07/2022
Canvasskill Fontana C.A. – General Terms and Conditions
Please read our Canvasskill General Terms and Conditions (“Terms and Conditions”) carefully. These Terms and Conditions govern your access, use and orders placed at canvasskill.com, its mobile sites and applications (collectively, the “Site”) as well as the provision and sale of products and services by Canvasskill and/or its affiliates (including but not limited to Canvasskill Fontana C.A.) and/or its fulfillment providers, as the context may require (“Canvasskill”, “we”, “us” or “our”). By placing an order with Canvasskill Fontana C.A., you agree to be unconditionally bound by these Terms and Conditions in the version valid at the time of ordering.
Our Terms and Conditions shall also govern the use of and apply to each and every offer and agreement entered into between Canvasskill and a customer through any of its separate sites that are accessible through the tabs in the Site-header, insofar we have not explicitly deviated from the present Terms and Conditions.
1.2. If you use this Site on behalf of any business, organization or other entity of any kind, you represent and warrant that you are authorized to accept these Canvasskill Terms on its behalf and to bind such business, organization or entity to these Canvasskill Terms.
1.3. Every offer of a Canvasskill product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Canvasskill Terms.
1.4. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Canvasskill has not specifically rejected them.
1.5. These Canvasskill Terms and Additional Terms are not applicable to orders of a product or a service which are not from Canvasskill directly but from a third party. This can be any of Canvasskill´s affiliates in the Canvasskill group of companies, a reseller or a service provider we have partnered with. In such cases, the terms you have separately agreed upon with this third party, will apply.
1.6. Canvasskill reserves the right to make changes to this Site and to these Canvasskill Terms at any time without prior notice. You should review these Canvasskill Terms each time you access this Site.
- Your Account
2.1. Before you can place an order online and wish to continue to use some of our services or features, including being able to access your saved designs, you must register a Canvasskill account. You furthermore must keep your account and other information accurate, including your email address and credit card numbers and expiration dates in order to enable us to complete your order and contact you as needed.
2.2. The customer will at all times be responsible for each and every use of its Canvasskill account. You agree to protect your log-in credentials such as your password and control any access to your Canvasskill account, especially when you have granted another person in your business or household access rights to your account or otherwise permit them to use your account with the purpose to place an order on your behalf. You agree that you will be responsible for all orders placed or other actions that are taken through your Canvasskill account.
- Terms of Sale
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. Canvasskill reserves the right to reject any order without the obligation to assign any reason. An agreement between you and Canvasskill is subject to our acceptance of the order and will be formed when you receive the order confirmation by email.
- Materials for Limited Use
4.1. This Site contains graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, media content belonging to other users through embedded feed from social media platforms, stock images and footage from stock providers and other information (“Content”). This Site and all its Content are the intellectual property of Canvasskill or the intellectual property of parties from whom Canvasskill has licensed such property. All rights in this Site and its Content are reserved worldwide.
4.2. It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish or use any portion of the Content except as expressly allowed in these Canvasskill Terms.
4.3. Canvasskill reserves the right to add to, delete from, or modify any part of its Content at any time without prior notice. Any modifications to our Content, whether by you or Canvasskill, remain the property of Canvasskill and its licensors.
4.4. The design tools and services provided on this Site (including, for example, product and logo design tools and services) employ various design elements, including product templates, images, fonts, color schemes, graphics, illustrations, logos, photos and design effects. Canvasskill reserves the right to use all such design elements and to make all such design elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other Canvasskill customers may use the design tools and services to create Designs (defined herein to include designs, written copy and/or logos) that have similar or identical combinations of design elements to your Design and Canvasskill does not guarantee that your Design will not have similarities to Designs created and used by other parties. In the event that you create a Design that is a derivative work based on or incorporating design elements and/or other Content, all rights in and to such design elements or Content shall continue to be owned by Canvasskill or its licensors.
4.5. Canvasskill provides no warranty of any kind that a Design you create while using the design tools and services on our Site possibly together with our Content, will not infringe, or be subject to a claim of infringing, any trademarks or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the Design is legally available for your particular use and does not infringe the rights of another party. You are solely responsible for determining whether a license or other additional rights are required in connection with the intended use of your Design and for obtaining such additional rights.
- Use of our Site and its Content
5.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating and ordering products or services solely through Canvasskill (referred to herein as “Products”), unless such use involving a third party is expressly permitted by applicable law or provided for in these Canvasskill Terms. No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Canvasskill does not entitle you to use any portion of our Content apart from the finished Products as they are supplied to you by Canvasskill.
5.2. You agree to use this Site in a responsible manner that is in full compliance with these Canvasskill Terms and with your local laws and regulations, including export and import regulations.
5.3. The customer represents and warrants that at all times it has complied and shall comply with all applicable restrictions arising out of any and all relevant sanctions and export and trade controls legislation, regulations or orders of the United Nations, the European Union and its Member States, Norway, Switzerland, the United Kingdom, the United States of America, and any other country whose laws, regulations or orders apply to the parties involved or activities covered or contemplated by these Canvasskill Terms (collectively, the “Trade Laws”) and that it shall also refrain from performing any activity or omitting to perform an activity that will expose Canvasskill or any of its subsidiaries, affiliates and other companies controlled by the same person or entity as Canvasskill (including, without limitation, the legal entity or entities specifically identified in these Canvasskill Terms) to breaching Trade Laws or any enforcement action or restrictive measures under the same.
5.4. The customer further represents and warrants that it is not: (a) designated or otherwise sanctioned under, nor is it ultimately owned (as to 50% or more of its shares or voting rights) or controlled by, or acting on behalf of, any party designated or otherwise sanctioned under, Trade Laws; or (b) ordinarily resident, organized or located in, nor will transfer directly or indirectly any Products received under these Canvasskill Terms to: Cuba, Iran, North Korea, Syria, the Crimea region (including Sevastopol), the so-called Donetsk People’s Republic (DNR) or the so-called Luhansk People’s Republic (LNR).
- Restrictions on Use
6.1. Without limitation, no portion of our Content may be utilized:
a) to sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the rights granted to you under these Canvasskill Terms;
b) in such a manner as to convey or obtain exclusive rights to any Content or part thereof;
c) for any unlawful or discriminatory purpose or use;
d) for any use that we determine, in our sole discretion, to be pornographic, offensive, threatening, abusive, harassing, tortuous, defamatory, obscene, harmful, indecent, libellous, invasive, slanderous, hateful, inciting or promoting the hate, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status or otherwise objectionable;
e) to create, order, publish and/or distribute any Design, Product or other type of information that we determine, in our sole discretion, to contain any content that violates the above Section 6.1.d) or otherwise, in our sole discretion, is materially false, inaccurate or misleading in a way that could deceive or confuse others about important events, topics or circumstances;
f) to violate any person’s right of privacy or publicity;
g) to infringe upon any copyright, trade name, trademark, service mark or another intellectual property right of any person or entity;
h) to cause or allow any Design to appear on more than 500,000 printed Products or to be incorporated into a television program, video or other digital production if the audience is expected to be greater than 500,000 viewers, in total;
i) for any use that would reasonably imply that Canvasskill, the creator of the Content, or the persons or property appearing in the Content (if any), endorses any political, economic, conspiracy or other opinion-based movements or parties;
j) in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political endorsements; or in a way that implies mental or physical illness or impairment; or
k) that in any way, intentionally or unintentionally, violates any applicable local, state, national and international laws, rules and regulations.
6.2. For the avoidance of doubt, no Content or portion thereof may be used on its own as a trademark or service mark. You agree and acknowledge that any trademark or service mark rights you may have in your Product or Design arise from and are limited to your distinctive combination of our Content with other visual design elements provided or created by you. You agree and acknowledge that others may use similar portions of our Content for similar goods and services.
6.3. Canvasskill reserves the right, in its sole discretion, to refuse to accept any content provided by you to Canvasskill or to refuse to process or fulfill any order at any time and for any reason. Canvasskill further reserves the right, in its sole discretion, to temporarily or permanently suspend and/or terminate its service to you and/or your account(s) at any time and for any reason, including, without limitation, your violation of the Canvasskill Terms and/or Additional Terms, your use of the Site and/or our products and services for inappropriate purposes or you having engaged in undesirable activities, in each case as determined by Canvasskill in its sole discretion. This action is entirely at Canvasskill´s discretion and no correspondence will be entered into. You agree that Canvasskill shall have no liability of any kind to you or to any third party arising from such refusal, suspension or termination.
6.4. By placing an order on this Site, you represent and warrant that you have all the necessary permissions, rights and authority to place the order and you authorize Canvasskill to produce the Products on your behalf. You grant Canvasskill the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you represent and warrant that you have sufficient rights to permit Canvasskill to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
- Delivery, Title and Risk
7.1. Canvasskill will deliver the Products at the address specified in the order confirmation, provided that all applicable payments have been received in full by their appropriate due date, using Canvasskill´s standard methods for packaging and in accordance with the customer´s chosen delivery option. Any lead time given is estimated.
7.2. Canvasskill may, at its discretion, deliver the Products in whole or by installments in any sequence or deliver the Products prior to the date of delivery, and in such event, the customer must not refuse to take delivery of the Products. Where the Products are delivered in installments or part deliveries, each installment or part delivery shall be invoiced separately if such an invoicing process is put in place and be deemed to be a separate sale agreement between Canvasskill and the customer. Any delay in delivery or defect in an installment or part delivery shall not entitle the customer to cancel any other installment or terminate the entire sale agreement.
7.3. The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier.
7.4. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
7.5. The customer is responsible to fully inspect all Products carefully and immediately upon arrival, and declare any and all defects, non-conformances or damages, immediately through the proof of delivery or collection acceptance documentation when the Products have been shipped under such Proof of Delivery (POD) or similar type of service. A description of the alleged defect, non-performance or damage must be given in writing at the time of delivery and signed by or on behalf of the customer. If such a proof of delivery service was not included with the chosen delivery method, the customer shall be deemed to have inspected the Products as soon as reasonably practicable after delivery. The customer must notify Canvasskill, by contacting its Customer Care team either in writing (including by email) or by telephone, about any alleged defects, non-conformances or damages within 14 days after receipt of the Products. Failure of customer to timely notify Canvasskill after receipt as indicated in this section voids the Product warranty and/or Satisfaction Guarantee. In the event the order was placed by a consumer, meaning a physical person who purchased the Product for use not related to a business, entrepreneurial or professional activity, the aforesaid notice period is extended to 2 months and will start on the day the alleged damages or defects are discovered or should reasonably be discovered when the order was timely inspected upon receipt.
You agree that you shall indemnify Canvasskill and all parties from whom Canvasskill has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Canvasskill Terms; (ii) any suit, claim or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Canvasskill or incorporated into a Product; (iii) any suit, claim or demand arising from or related to any third-party products and/or services we offer on our Site whether or not used for or in connection with a Product you have ordered on our Site. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.
- Disclaimer of Warranty_
9.1. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
9.2. You acknowledge that there are risks in using products or services provided by third parties (such as a Canvasskill affiliate or one of our partners) through this Site or in connection with our Products, and that Canvasskill cannot and does not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by this third party, breach of warranty or contract, violation of rights, and any consequent claims.
9.3. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these Canvasskill Terms alter those consumer guarantees if it is illegal for Canvasskill to do so. If those consumer guarantees apply to you, and Canvasskill cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Canvasskill: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Canvasskill to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
9.4. Canvasskill’s Satisfaction Guarantee is valid for 1 year following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Canvasskill’s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the Product or Design creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. Canvasskill does not proof documents created by its customers prior to processing.
9.5. Notwithstanding the foregoing, Canvasskill shall have no obligations under any warranties, consumer guarantees or the aforementioned Satisfaction Guarantee, if the alleged defect, non-conformance or damage is found to have occurred as a result of misuse, use other than as set forth in the applicable user manual or instructions for use, neglect, improper installation or accident, or as a result of improper repair, alteration, modification, storage, transportation or improper handling or if the usability is impaired only slightly.
9.6. Any granted Product warranty and/or Satisfaction Guarantee hereunder, shall extend directly to customer only and not to customer´s customers, agents or representatives. Canvasskill does not give any warranty of fitness for a particular purpose, merchantability or non-infringement of intellectual property rights.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL CANVASSKILL OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CANVASSKILL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM CANVASSKILL, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH CANVASSKILL´S SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL CANVASSKILL BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT, OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Canvasskill in connection with the operation of this Site including its content or any of our offered and/or supplied Products, shall be provided by the submitter and received by Canvasskill on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Canvasskill. By submitting any such information to Canvasskill, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Canvasskill shall be free to use such information on an unrestricted basis.
You must be at least 13 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 13 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
- Governing Law, Jurisdiction and Dispute Resolution
14.1. The party you are contracting with and the seller of the products and services offered and sold on this Site is Canvasskill, a private company with limited liability incorporated under the laws of the California.
14.2. All issues related to the protection, infringement or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the State of California without giving effect to any choice of conflict of law provision, principle or rule (whether of the State of California or any other jurisdiction). You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Canvasskill Terms.
14.3. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in a state or federal court located in California County, California. You agree to submit to the jurisdiction of the courts located in California County, California and agree that venue in these courts is proper in any such legal action or proceeding. You also agree to not assert, in any legal action or proceeding involving Canvasskill, that a court sitting in California County, California is an inconvenient forum for such legal action or proceeding.
14.4. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Canvasskill, and Canvasskill’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
14.5. We recognise that in some countries, you might have legal rights as a consumer. If you are using the Site´s services or order a Product for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.