Terms and Conditions

 

Welcome to AFineLikeness.com. Please read these Terms & Conditions carefully. By accessing this website, you agree to be bound by the Terms & Conditions stated below. If you do not agree to the Terms & Conditions stated below, please do not access this website.

 

AFineLikeness.com (also referred to herein as “We”), reserve the right to change, modify or amend these terms and conditions without notice. For this reason, we encourage you to review these Terms and Conditions whenever you use this site.

 
 

PRODUCTS and SERVICES

 
Products and services provided by AFineLikeness.com are for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
 
 

ARTWORK

 
Under these Terms and Conditions, you agree that you will NOT upload any image source files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
 
 

Prints and Commissions

 
By ordering and displaying our commissioned art and prints, you, the customer, agree that all designs created are the sole intellectual property of Laura P. Del Genis, artist for AFineLikeness.
 
 

ACCOUNT ACCESS and PASSWORDS

 
As of this writing we do not require customers to create accounts to purchase prints. Should that change in the future, you agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
 
 

PAYMENT

 
All prices and amounts given on AFineLikeness.com are in U.S. Dollars (USD), unless otherwise noted.
If a customer purchases any printed products at AFineLikeness.com, the customer agrees to fully pay for all charges, including taxes and shipping/handling fees, by credit card or with an approved payment method BEFORE we complete an order. We will not start working on a print job or commission until we have received the full payment.
 
For commissions, once the commission has been approved by the customer, no changes may be made to the artwork files, job characteristics, or turnaround time. A 50% non-refundable deposit will be due before work can being. After a commission is completed, the customer is responsible for paying the entire balance of that commission along with applicable taxes and shipping/handling fees, unless otherwise agreed upon in advance.
 
 

Sales Tax Policy

 
AFineLikeness.com charges Massachusetts State Sales tax based on all orders unless you are tax exempt. If you are tax exempt, you will need to send or fax to us your tax exemption certificate at the time of order.
 
 

Refund Policy

 
All commission sales are final. Since each commission is created according to your exact specifications, no deposit refunds will be given once AFineLikeness.com starts working on your order. Usually, work will begin on your job as soon as we have received your cleared deposit and the commission’s final form is agreed upon by customer.
 
 

Limit of Liability

 
Customers must notify AFineLikeness.com within 7 business days of the date of delivery or date of pick-up of any defects discovered in the final product. 100% of the product must be returned to AFineLikeness.com at the customer’s expense within 30 days from the date of delivery or date or pick-up. If we accept the claim as valid, AFineLikeness.com will replace your print or re-create your commission and ship it back at no cost to the customer. AFineLikeness.com can assume no liability beyond the price of your order.
 
Each order placed through AFineLikeness.com is a contract between the customer making the order and AFineLikeness.com. The fact that you may have made an order on behalf of a third party does not absolve you of liability to AFineLikeness.com.  Any decision by a third party not to accept printed items or to cancel the order with you does not affect your liability to AFineLikeness.com.
 
 

Marketing Promotions and Discounts

 
Please Note: All prices and specifications are subject to change without notice. No adjustments will be made after an order is placed. Check our Pricing Page for current prices. Special Offers are not valid for previous purchases before the promotion start date or after the promotion expiration date. Our promotions apply to printing charges only.  Custom quotes, mailing postage, shipping charges and sales tax, etc. are excluded from our discounted offers. Multiple promotions and discounts cannot be combined.
 
 

TURNAROUND TIME

 
Turnaround time on commissions begins once the full deposit has been received for your order, AND your images have been emailed and accepted and approved. Ready-made prints created in-house will require 1-2 business days depending on need for re-stocking.
 
All turnaround times are based on business days and office hours: Monday through Friday 9am – 6pm Eastern Standard Time (EST), excluding all national and federal holidays.
 
All print orders with standard turnaround times submitted and approved before 9am EST on any given working business day will begin production (day 1 of turnaround time) that day.  If the order is submitted and approved after 9am EST on any business day, the job will begin production (day 1 of turnaround time) the following business day. If the job is submitted and approved on a weekend, the job will begin production on the next business day.
 
The estimated production turnaround on this site is based on the typical number of hours or days that a commission requires to complete under normal circumstances, excluding Saturdays, Sundays and holidays. While AFineLikeness.com may be operational on Saturdays, Sundays and holidays this is not guaranteed, ergo these days are not considered when calculating turnaround time.
 
In addition, while commission turnaround includes creation and possible drying time for oil paintings, it does not include mailing or shipping transit times.  If you are having the order shipped, you should allow additional business days for delivery based on the shipping method you select.
 
 

Low Quality Source Images

 
If we deem that submitted source images for commissions are low-quality (i.e. low resolution) which will cause a low quality portrait, we may put your job ON HOLD until you re-submit and we re-approve new images.  This time is NOT INCLUDED in the turnaround time.  Furthermore, the customer is 100% responsible if the source material they submit is low quality, and in turn, the products produced are low-quality.
 
 

Rush Orders

 
For rush orders, orders and files must be submitted by 9:00 A.M EST for that day to count as the first day in the Turnaround Time.  If you submit after 9:00 A.M. EST, the first day of the Turnaround Time will be the next business day.
 
 

SHIPPING

 
No refund on shipping charges will be allowed on any job once it has shipped.
AFineLikeness.com ships jobs via UPS, USPS and Paypal shipping.  Our responsibility is limited to preparing your print or commission and delivering it to UPS or USPS for delivery.
 
Once a package is shipped, AFineLikeness.com is not responsible and will not be liable for late or damaged packages during the shipping process.
 
Please keep in mind that shipping transit time is based on the number of business days in transit and does not include weekends, holidays, or the day the package is picked up by UPS/USPS.  Arrival dates are only estimates because they can be subject to unforeseen delays in transit.
 
AFineLikeness.com is not responsible for any delays in shipping and we will not upgrade the shipping method to accommodate a missed estimated ship date. Customers may feel free to upgrade the shipping method before we ship at their own expense.
 
If a package is not delivered due to an error made by the customer in submitting the proper shipping address and is returned to us, AFineLikeness.com will reship the package with corrected address and charge an additional non-refundable shipping/handling fee for the shipment.
 
 

LOCAL PICK-UP ORDERS

 
Pick-up orders will be kept for 30 days from the delivery of the pick-up notification by email.
If the order has not been picked up from AFineLikeness.com ‘s studio within 30 days, it will be shipped directly to the customer, and customer will be billed for applicable shipping charges, however, we cannot ship to P.O. Boxes or APO/FPO.
 
 

PRODUCT RIGHTS

 
AFineLikeness.com reserves the right to show customers samples of any products we have printed and/or designed.
 

RIGHT TO REFUSE SERVICE

 
 
AFineLikeness.com reserves the right to cancel or otherwise refuse print jobs it deems are obscene or offensive, including but not limited to pornographic materials. AFineLikeness.com reserves the right to charge the customer for services rendered up to the point that the job was cancelled.
 
 

GENERAL TERMS AND CONDITIONS

 
 

Copyright Notice

 
You, the User, acknowledge that all content included on the AFineLikeness.com website, including without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of A Fine Likeness or the copyrighted property of parties from whom A Fine Likeness has licensed such property. It is strictly prohibited to use, copy, reproduce, republish, upload, post, or transmit any content to or from the AFineLikeness.com website, in all forms, media and technologies, without expressed written consent from A Fine Likeness. It is also prohibited to use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without our prior written permission.
 
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any trademarks, service marks, or logos (including words, names, and designs) that are not owned by you or licensed to you onto materials printed or created by with AFineLikeness.com. When providing source material for commissions, you shall not use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works where the copyright owner’s exclusive rights prohibit the reproduction of any original work. It is the customer’s responsibility to obtain all permissions that may be required to re-produce an image before A Fine Likeness can accept a commission request (e.g., a photographer’s permission to use their photo as source material). AFineLikeness.com policy strictly prohibits the use of explicit language or pornography on printed materials and merchandise.
 
 

Governing Law

 
AFineLikeness.com is operated within and under the Laws of the State of Massachusetts. As such, the laws of the State of Massachusetts will govern the Terms of Use of this Website and any business conducted thereby.  If you choose to access our site, you also agree to do so subject to the Laws of the State of Massachusetts. We make no representation that our website or other services are appropriate, legal or available for use in other locations. You consent to the exclusive jurisdiction and venue of the courts located in Middlesex County, Massachusetts for all disputes arising out of or relating to the Terms and Conditions and use of this Site.
 
The user assumes all knowledge and understanding of applicable law and is responsible for compliance with any such laws. Users may not use AFineLikeness.com’s services to transmit any material that violates applicable state, federal, or international laws, regulations or other government requirements in any way.
 
 

Indemnification

 
You agree to defend, indemnify and hold harmless AFineLikeness.com, their employees and affiliates against any and all claims, damages, legal fees, costs and expenses arising from or related to your use of the Site or related to customer-submitted content. You also certify that you own rights to or have a license for the content or image(s) being used in your order.
 
 

Transfer of Title

 
Once AFineLikeness.com ships the order, the customer agrees that ownership and responsibility of the printed products transfer to the customer.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
 
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 at the time we transmit the product via email or other electronic communication addressed to the customer.
 
 

Disclaimer of Warranties

 
AFineLikeness.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of the use of this Website in terms of correctness, accuracy, reliability, etc. to the fullest extent permitted by applicable law.  AFineLikeness.com also will not be liable for any interruptions in the availability or use of this Website.
 
 

Limitation of Liability

 
In no event shall AFineLikeness.com, its vendors, employees, or affiliates be liable for any injury, death, loss, claim, accident, delay, or any other direct, indirect, consequential, or incidental damages resulting from loss of use, data or profits, arising out of or related to this Website, or the information contained within it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. In no event shall AFineLikeness.com be liable for any damages or consequences arising from or related to your inappropriate or unauthorized use of the Site or its content.
 
 

Attorney’s Fees

 
If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
 
 

Email Notifications

 
By creating an account or purchasing an order through AFineLikeness.com, you agree to receive emails related to the status of your account or purchase order, including job status changes, job shipment, or job related warnings such as delays or art issues. You cannot unsubscribe to these emails because they are necessary to facilitate communication between AFineLikeness.com and its customers.
 
You agree to promptly update your membership or registration information (if applicable) in order to keep it current, complete and accurate. AFineLikeness.com is not responsible for email notifications that are redirected or not received in the inbox due to an incorrect email provided by the customer, or customer’s email filter settings that do not allow acceptance of our emails, or any other technical difficulties beyond our control.
 
E-mail notifications are provided as a courtesy to the customer, however, it remains the customer’s responsibility to check their “My Account” page or contact a A Fine Likeness for the status on their order.
 
Periodic newsletters, product specials, promotions, sales, coupons and time-sensitive offers are only sent to those who sign up to receive our newsletter and provide their email addresses.  You have the option to unsubscribe from these services at any time.
 
 

Use Restriction

 
You may only use this Site to make legitimate requests to purchase the products or services offered and shall not use this Site to make any speculative, false or fraudulent requests. You may not use robots or other automated means to access this Site, unless specifically permitted by AFineLikeness.com. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
 
It is a violation of law to place a request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser sends a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
 
AFineLikeness.com allows the user to electronically copy and/or print hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or content on this Site, including reproduction for a purpose other than that noted above without prior written consent of AFineLikeness.com is prohibited.
 
 

User Feedback

 
All testimonials, comments, feedback, suggestions and ideas submitted, copied, or sent to our email address become and remain the exclusive property of AFineLikeness.com. You relinquish all rights to such comments, feedback, suggestions, and ideas. These may be used and quoted by AFineLikeness.com in any medium for any purpose anywhere without obtaining your consent. AFineLikeness.com is not obligated to pay the person who commented any compensation for any of the comments submitted if we choose to publish the comments and the first name and first initial of the last name of the person who commented. You agree you will be solely responsible for the content of any comments you make.
 
 

Links to other Websites/Services

 
Our Website contains links to outside services and resources, and any concerns regarding such services or resources should be directed to the particular outside service or resource provider. We are not responsible for the content located on any third-party site nor do we warrant the accuracy or completeness of the information or content included on the Websites of these outside services and resources, even if we provide links to them. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are therefore not responsible. We encourage all users to review said privacy policies of third-party Websites. Outside services and resources are in no way related to AFineLikeness.com.
 
 

Modifications/Termination of Usage

 
AFineLikeness.com reserves the right to modify or discontinue the Service with or without notice to the user. AFineLikeness.com shall not be liable to users or any third party should it exercise its right to modify or discontinue the Service. User acknowledges and accepts that AFineLikeness.com does not guarantee continuous, uninterrupted access to our Website, and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
 
 

Terms of Agreement

 
The user understands and agrees to follow these Terms and Conditions, together with the Privacy Policy. This agreement is between the user and AFineLikeness.com and it supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified unless in writing and available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired and shall remain valid and enforceable to the maximum extent possible.