Terms of Use

Welcome to Kanvas.ink! These Terms of Use govern your access to and use of our website, products, and services. By accessing or using Kanvas.ink, you agree to comply with these Terms of Use.


Acceptance of Terms

Your purchase of Kanvas.Ink products is subject to these terms of sale. By clicking the Place Order Now button and making a purchase, you acknowledge that you have read this document and agreed to be bound by its terms and the Terms of Service.
If you do not agree to these terms, please refrain from accessing or using our website.


Intellectual Property and Copyright Disclosure


All content on Kanvas.ink, including but not limited to text, graphics, logos, images, videos, and software, is the property of Kanvas.ink and protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, or distribute any content from Kanvas.ink without prior written permission from us.


Limitation of Liability


Dispute Resolution; Arbitration; Class Action Waiver; and Arbitration Agreement
We encourage you to explore our complete legal information below, as it carries great importance. (And let's admit it, diving into extensive Terms of Service can be quite thrilling!) However, for those seeking a concise overview, or what our legal team playfully refers to as "spoilers," we've summarized some essential points in plain language for your convenience.
All disputes will be resolved through arbitration. As outlined in the Arbitration Agreement provided below, any disputes or claims between you and Kanvas Ink will be exclusively resolved through arbitration proceedings conducted by the American Arbitration Association (AAA).
You maintain complete ownership of the photos you order from us. You hold the copyright to all your images. Rest assured that we will not sell, share, or use them for any purpose other than printing and delivering your canvas.



By placing an order, you explicitly acknowledge and agree to refrain from requesting any images that are not owned by you or contain explicit or discriminatory material. As our printing process involves multiple individuals, we are unable to accommodate requests for printing images featuring nudity or offensive content. Additionally, it is crucial that you hold the appropriate rights to use the pictures you submit for printing. If you provide us with an image that infringes upon someone else's ownership rights and results in legal action against us, you will assume full responsibility for all related expenses.


Dispute Resolution:
We kindly request that you give utmost attention to this particular section, as it significantly impacts your rights. It entails the obligation to engage in arbitration for dispute resolution with Kanvas Ink and imposes restrictions on the avenues available to seek remedies. Additionally, it entails the relinquishment of your rights to pursue any claims in court before a judge or jury, as well as your participation in any class, collective, or representative action. From now on, this specific section within the Terms shall be referred to as the "Arbitration Agreement" pertaining to Kanvas Ink.


By agreeing to arbitration with Kanvas Ink, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any class, collective, and/or representative lawsuit. Instead, by agreeing to arbitration, you may bring claims against Kanvas Ink (including, without limitation, the services provided by Kanvas Ink) only in an individual arbitration proceeding.
In the event of any disagreement between you and Kanvas Ink, we highly recommend exploring alternative dispute resolution methods as a first step before considering legal action. Our objective is to foster a fair and efficient resolution process that benefits all parties involved.


Arbitration:


To initiate arbitration proceedings against Kanvas Ink, if you wish to assert a claim, you must send a written Notice of your claim ("Notice") via email to support@Kanvas.Ink. Please ensure that the subject line of the email reads "LEGAL NOTICE" in all capital letters. In the event that Kanvas Ink seeks to assert a claim against you and opts for arbitration, we will send a written Notice to the most recent address on file or as per our records. Whether the Notice is initiated by you or Kanvas Ink, it must (a) clearly outline the nature and basis of the claim or dispute, and (b) specify the desired relief ("Demand").
If no resolution is reached within 60 days after the receipt of the Notice, either you or Kanvas Ink may initiate an arbitration proceeding or file a claim in small claims court. It is important to note that during the arbitration process, any settlement offers made by Kanvas Ink or you will not be disclosed to the arbitrator. To obtain the necessary forms to initiate arbitration, you can refer to the American Arbitration Association (AAA). The arbitration will be conducted in accordance with the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (collectively referred to as "AAA Rules"), as modified by these Terms of Use. The administration of the arbitration will be carried out by the AAA. For online access to the AAA Rules and Forms, you can visit www.adr.org, contact the AAA at 1-800-778-7879, or request them directly from Kanvas Ink at the provided Notice Address.
The arbitrator is obligated to adhere to the provisions outlined in these Terms of Use, including this ARBITRATION AGREEMENT, and is responsible for determining all matters related to these Terms, including their scope and enforceability. Unless explicitly agreed upon in writing by both Kanvas Ink and you, any arbitration hearings will take place in the county (or parish) corresponding to your billing address. In the case of residing outside the United States, arbitration hearings will be conducted either remotely or in Israel, in accordance with the AAA Rules, which include guidelines for selecting the arbitrator.
Each party will be responsible for covering its own costs and attorney's fees, if applicable. However, if one party prevails on a statutory claim that allows for the recovery of attorney's fees or if there is a written agreement specifying the payment or recovery of such fees, the arbitrator may award reasonable fees to the prevailing party, in accordance with the relevant fee-shifting provisions.



You and Kanvas Ink agree that any claims brought against each other will be brought on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. Additionally, the arbitrator


Limitation of Liability
Kanvas Ink disclaims any responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, destruction, or unauthorized access to, or alteration of, any Content or Services. We also disclaim liability for the quality, attachment or detachment of the Product(s) and the quality of the printed Image on the Product(s). We are not liable for any problems or technical malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, email failures due to technical issues or Internet or App or Services congestion. This includes any injuries or damages to you or any person's cellular phone or computer related to or resulting from participation, downloading materials, and/or uploading of the Image(s) in connection with the App or Services. We shall not be held responsible for any loss or damage, including personal injury or death, arising from the use of the App or Services, Content posted on or through the App or Services, or the conduct of any users of the App or Services, whether online or offline.
Kanvas Ink and its officers, directors, employees, assignees, or agents shall not be liable to you for any damages, including indirect, incidental, special, punitive, or consequential damages, arising from your use of the Site, App, Services, and/or Product(s). This includes the quality, accuracy, or utility of the Products provided through the App or Services. This limitation of liability applies to the fullest extent permitted by law. Our maximum cumulative liability to you under any cause of action, whether in contract, tort, or otherwise, is subject to this limitation.
In no event shall our liability exceed the total amount you have paid us in the twelve months preceding the claim or series of claims. However, these limitations of liability do not apply in cases of gross negligence or willful misconduct by Kanvas Ink.


Indemnification


We appreciate your understanding and agreement to indemnify, defend, and protect Kanvas Ink, as well as our employees, directors, officers, subcontractors, and agents, from any claims, damages, costs, or expenses (including court costs and attorneys' fees). This provision ensures that we can confidently provide our services while safeguarding against any unauthorized use of your computer or mobile device, breaches of these Terms, violations of laws or regulations, infringement of third-party rights, or any other matters for which you are responsible. Your cooperation in upholding these obligations is greatly valued.


Applicable Law
We want to clarify that the availability and suitability of our Site, App, Services, and Products may vary depending on different jurisdictions. It is important to note that accessing our Site/App may not be permissible or lawful in certain countries or for certain individuals. If you choose to access our Site/App, it is your responsibility to comply with the relevant local laws and regulations. Regarding any claims related to our Site, App, Services, and Products, they shall be governed by the laws of the State of Colorado, without considering any choice of law provisions. Please understand that a final judgment in an authorized action or proceeding, including arbitration, will be conclusive and may be enforced in other jurisdictions as permitted by applicable law.
If any provision of these Terms is found to be unenforceable, it will be replaced with a valid provision that closely reflects the original intent, and the remaining terms of these Terms will remain fully effective. These Terms do not establish an agency, employment, joint venture, or partnership relationship between you and Kanvas Ink, nor do they authorize you to act on behalf of Kanvas Ink. These Terms, unless expressly stated otherwise, constitute the entire agreement between you and us regarding the subject matter and supersede any other related agreements. We may assign or transfer our rights and obligations to a third party without prior notice. However, you are not allowed to assign or transfer your rights or obligations under these Terms, and any such unauthorized assignment will be null and void. The failure to enforce any breach or default under these Terms shall not be considered a waiver of any previous or subsequent breaches or defaults.
If we need to notify you according to these Terms, we may send the notice to the contact information you provided during the registration process.
The laws of the state of Colorado shall govern these Terms of Use, and any disputes arising from or relating to these terms shall be exclusively subject to the jurisdiction of the state and federal courts located in Colorado.
Kanvas.ink may update these Terms of Use from time to time, and any modifications will become effective immediately upon their posting on our website. By continuing to use Kanvas.ink, you acknowledge and accept the revised terms. We encourage you to review these Terms regularly to stay informed about any changes. If you have any questions or concerns about these Terms of Use, please reach out to us at Support@kanvas.ink. Thank you for visiting Kanvas.ink!

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