These Terms set out your rights and obligations, My Life Art (“we” or “us”), in relation to My Life Art.co.uk (the “Site”), and any goods or services available through, and material of any kind accessible or relating to, the Site or us (the “Services”). When we refer to “My Life Art” in these Terms, we mean us, the Site and/or the Services, according to the context.
You must take the time to read and understand these Terms before using My Life Art. By ordering with My Life Art, you accept that you are entering into a contract with us under these Terms. People who order from My Life Art establish an “Account”, and become “Users”. Visitors to My Life Art who do not become Users, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access My Life Art. You should be aware that these Terms may change from time to time.
2. Obtaining an Account
If we ask you to provide some information about yourself when you register for My Life Art, you must ensure that this information is accurate and current. In particular when placing an order it is the users duty to ensure delivery addresses are up to date.
Note that we are entitled to treat anything done by a User, or by means of an email address, phone number or other communications method associated with that User, as having been done by the User.
When you place an order for a Product, you will need to supply details of a payment method, such as a credit or debit card, (your “Payment Method”) and other personal details so that we may process the order for you. In the event that you supply an invalid Payment Method or a Payment Method that belongs to someone else or which you are not entitled to use, we reserve the right to suspend or terminate your order at any time without notice.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. If you change email address, then you mustinform My Life Art. Should you provide an invalid email address or an email address that belongs to someone else, My Life Art may terminate your order at any time without notice.
3. The Essentials of My Life Art
My Life Art provides Users with the facility to select digital images, and to use those Images to create a My Life Art product (a “Product”).
– Images held on your desktop, mobile device’s “camera roll” or physical prints.
It is the responsibility of Users to have sufficient web and device usage skills to make use of our Services.
The basics of ordering Products:
· Go through the PayPal payment process – we only accept payment through PayPal
· Confirm your purchase on the Site
· We email you an Order Confirmation
· We Illustrate your Photo(s)
· We send you a “shipping confirmation” email
· We send the Product to you or (in the case of a gifted Product) to your Friend
4. User Content and Content Rules
Images and other material (including textual annotations to and comments on Images) used, accessed or transmitted by a User on, through or in connection with My Life Art, including for the purpose of creating a Product, are treated as “User Content” for the purposes of these Terms.
Users must have the right to deal with User Content in the manner provided by our Services. You must not create a Product if you do not have the right to do so.
Each User shall ensure that User Content does not:
· infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you use to create a Product or that you are fully licensed by the copyright owner to do so;
· infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
· contravene any applicable law (including, without limitation, any criminal law) or regulation;
· include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
· misrepresent identity in any way or impersonate any person;
· include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
· contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
· harass, upset, embarrass, alarm or annoy any person;
· give the impression that it emanates from us, if this is not the case; or
· advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
The above are our Content Rules.
Although we prohibit breaches of our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site. It is possible that Images or other User Content may be used in a way which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such infringing use of Images or User Content please contact us by emailing us at email@example.com.
We may without notice prevent any use of Services (including purchase of Products) which includes any Image or User Content that contravenes our Content Rules.
5. Terms of purchase for Products
A contract between a User and My Life Art for the purchase of a Product is created as follows:
· The User places the order for a Product on the Site by pressing, Pay by PayPal or Pay By Card confirmation button at the end of the checkout process
· Unless My Life Art has reason to ask the User to provide another photo (e.g the photo may be too low resolution)
the User cannot ask to have another photo illustrated from that order once work has commenced.
– By confirming your order, you are agreeing to purchase the product you have selected
– At this point, we take payment for your order.
· We will send to you an Order Confirmation email detailing your order for the Product and other information we must provide to you.
· When the Product you have ordered is shipped to you or your Friend, we will send you a “shipping confirmation” email
· The acceptance of your order and the completion of the contract between you and My Life Art will occur when the Product you have ordered is dispatched (shipped), unless we have notified you that we do not accept your order
Note that My Life Art may reject an order in certain circumstances, namely:
· Your order breaching the requirements of these Terms;
· The use of Images which infringe the Content Rules;
· The Product you order being unavailable;
· Our inability to obtain authorisation for your payment; or
· A relevant pricing or Product description error being identified.
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order
Please note that, as Products are personalised, you do not have any right to cancel your contract to buy them and return them to us. Although you do have the right to reject any Product which is faulty or not as described in our specifications.
Any time periods or dates stated for delivery of Products are estimates only. We rely upon third party delivery services, and we do not accept liability for any failure to deliver Products within specified time periods or by specified dates.
All prices are inclusive of VAT. VAT is based on the final value of your order, at the current rate in force in the UK.
In addition, Sales Tax will be charged on the final value of your order if it is to be delivered to an address in the State of New Jersey in the United States. Such Sales Tax will be charged at the current rate in force in that State.
Products are sold on a duty-unpaid basis. The User may be required to pay import duty or another customs entry fee prior to or on delivery of a Product. Other taxes, fees or levies may apply according to local legislation: it is the User’s responsibility to check these details before placing an order for delivery outside the United Kingdom.
You must comply with PayPal’s processes and terms and conditions in order to make a purchase of a Product. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of PayPal.
You undertake that all of the details which you provide to us for the purposes of any order you make for a Product and its delivery will be correct and that your chosen method of payment is your property and has sufficient available funds to cover the cost of your order. We reserve the right to access your PayPal account details where required for the purpose of facilitating refunds and deal with User queries.
The standard method of delivery for Products is regular postage.
If you can see any sign of damage to the exterior of the envelope or parcel containing a Product, please include a reference to the damage when signing for the delivery.
We reserve the right to make delivery of Products by instalments.
If you wrongfully fail to take delivery of an ordered Product then we shall be under no obligation to refund the price. If delivery is refused or returned due to a defective address, you will be charged a re-delivery fee.
Complaints or claims concerning Products must be notified to us within 28 days of the receipt of the relevant Product, or in the case of non-delivery, in a reasonable time after the relevant Product was expected to arrive.
7. Gift Certificates
This Clause governs gift certificates issued by My Life Art for use on the Site:
· My Life Art gift certificates must be redeemed on the Site towards the purchase of eligible Products.
· My Life Art are available for any amount between a minimum Order of £45 and a maximum of £250.00.
· Gift certificates cannot be used to pay for gift certificates.
· Gift certificates have no cash equivalent or redemption value and are not transferable or assignable.
· Any unused balance on a gift certificate will be available to put towards a future purchase on My Life Art. No refunds or change will be given in cash for any unused balances.
· If an order exceeds the amount of the gift certificate, the balance must be paid through PayPal.
· Gift certificates and unused portions of gift certificates expire one year from the original date of issue of the Gift certificate.
· One or more gift certificates can be redeemed against an order.
· Gift certificates cannot be combined with any promotional codes or offers.
· Our gift certificates are like cash in the sense that we are not responsible if a gift certificate is lost, stolen, destroyed or used without permission.
8. Intellectual Property
By including any User Content in a Product, you grant us, and warrant that you are entitled to grant to us, a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt and distribute that User Content in order to perform obligations and exercise rights under these Terms. For the avoidance of doubt, the licence under this Clause 8 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. Note that we may modify User Content in order to conform it to My Life Art or the requirements of a Product (such as by cropping Images).
You acknowledge that all copyright, trade marks and other intellectual property rights in and relating to My Life Art are owned by, or licensed to, us. You may use and access My Life Art only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available.
No-one may copy, distribute, show in public or create any derivative work from My Life Art, or any of the material which is accessible through My Life Art unless properly licensed to do so by us. You are not allowed to use My Life Art (or to copy or use any material found on My Life Art) for any commercial purpose other than to conduct the purchase of a Product from My Life Art.
You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from or accessible through My Life Art.
No-one may use any robot, spider, scraper or other automated means to access My Life Art for any purpose without our prior express written permission.
Users must not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their express consent. No User may use any information regarding other Users that is accessible through the Services except as expressly permitted by these Terms.
10. Our Role
To the extent that the law permits, you release My Life Art, its agents, directors, officers, shareholders and employees from all liability arising out of or in connection with any Images or other User Content.
You must not assume that accessing, the import or export, or the advertising, offering, purchase or sale, of any Product will comply with applicable law or regulation. We do not have any responsibility for the deletion of, or any failure to store, Images or User Content.