Terms of Use

Last Updated on: 2014-11-28
Bestcanvas, Inc. ("Bestcanvas") provides the bestcanvas.ca web site (the "Site") as a service to its customers and other interested parties. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. Bestcanvas may change these Terms of Use from time to time, at Bestcanvas's sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms of Use.

1. GENERAL PROVISIONS.

    1.1 USE OF INFORMATION AVAILABLE ON THE SITE.
    (a) You acknowledge that Bestcanvas reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.
    (b) Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) ("Site Information") is the property of Bestcanvas and/or its suppliers or licensors.
    (c) Certain portions of the Site have been designated as areas in which registered users may post information or materials (defined below as "Posted Information"). All such Posted Information remains property of its respective owner(s). Please see paragraph 2 below for further details regarding Posted Information.
    (d) Unless otherwise noted in a particular document, Bestcanvas hereby authorizes you to electronically copy or print in hard copy any document published by Bestcanvas on the Site solely for your internal reference purposes within your organization or for your own personal use. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by Bestcanvas without prior written approval from Bestcanvas or the appropriate supplier or licensor is strictly prohibited.
    (e) Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
    (f) Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of Bestcanvas, its suppliers or licensors, or any other third party.
    (g) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

    1.2 DESIGN AND LAYOUT.
    The design of the Site is the property of Bestcanvas. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.

    1.3 LINKS TO THIRD PARTY SITES.
    Any links to third party sites are provided solely for your convenience. Such sites are not under the control of Bestcanvas, and Bestcanvas is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.

    1.4 USER PRIVACY INFORMATION.
    In general, people may visit the Site while remaining anonymous and not revealing any personal information. Bestcanvas does use "cookie" technology to obtain non-personal information from its on-line visitors. In addition, you may be required to provide certain personal information, such as your name, address, and email, before you can participate in certain portions of the Site. Bestcanvas does not, without your permission, distribute to third parties information you have submitted to this Site that identifies you personally, except that if you make a purchase using the Service, information may have to be provided for limited purposes of fulfilling your order to our affiliates, shipping partners and payment processing companies. For a complete description of how Bestcanvas uses the information collected from the Site, please see Bestcanvas's Privacy Policy www.bestcanvas.ca/privacy_policy applicable to the Site, which is incorporated into these Terms of Use by reference. Some portions of the Site may permit you to post certain information about yourself if you choose to do so. If you decide to use those portions of the Site and post information about yourself, the information you post is, of course, exempt from this Privacy Policy. Please see paragraph 2 for additional information. Bestcanvas intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity individuals submitting or posting information to Bestcanvas or on the Site.

    1.5 PRODUCT DESCRIPTIONS.
    Bestcanvas attempts to be accurate at all times. However, Bestcanvas does not warrant that descriptions or other content of the Site are accurate, complete, reliable, current or error-free.

    1.6 USER FEEDBACK AND IMPROPER TRANSMISSIONS.
    (a) Except for Posted Information (as defined below) or Personal information (as defined in our Privacy Policy (available at www.bestcanvas.ca/privacy_policy), if you transmit to or otherwise provide to Bestcanvas any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. Bestcanvas shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to Bestcanvas, you are deemed to grant to Bestcanvas a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.
    (b) You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam", or any threatening, harassing, hateful, inflammatory, libelous, false, defamatory, offensive, indecent, obscene or pornographic material, material that invades someone's right to privacy or celebrity, material that violates someone's copyright or other intellectual property rights, or material that would violate any other applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities, or that is otherwise objectionable. However, if such communications do occur, Bestcanvas will have no liability related to the content of any such communications.
    (c) Except where such information qualifies as Posted Information, you may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
    (d) You are also prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information.
    (e) Bestcanvas may, but is not obligated to, review or monitor areas on the Site where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. Bestcanvas is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.

    1.7 DIGITAL MILLENNIUM COPYRIGHT ACT
    (a) If you are a copyright owner or an agent thereof and believe that any Posted Information infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    (b) Bestcanvas's designated Copyright Agent to receive notifications of claimed infringement is:

    Bestcanvas, Inc.
    Attn. Designated Copyright Agent
    6300 NE 4th Avenue
    Miami, FL 33138

    or E-mail to copyright@bestcanvas.ca

    at _____________________. You acknowledge that if you fail to comply with all of the requirements of Section 1.7(a), your DMCA notice may not be valid.
    (c) Counter-Notice. If you believe that your Posted Information that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
    1. Your physical or electronic signature;
    2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
    3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
    4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court sitting in New York County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    (d) If a counter-notice is received by the Copyright Agent, Bestcanvas may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Posted Information provider, member or user, the removed Posted Information may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bestcanvas's sole discretion.

    1.7 DELETION AND LOCKOUT.
    Failure to adhere to any of these Terms of Use may result in messages and/or Posted Information being blocked, deleted from the Site and possible lockout. Bestcanvas also reserves the right to take any actions it deems necessary or appropriate to protect the Site and its content.

    1.8 INTERNATIONAL INFORMATION.
    The Site may provide access to international data about Bestcanvas, its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that Bestcanvas, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.

    1.9 CONTESTS AND SWEEPSTAKES.
    From time to time, you may be invited to participate in contests, sweepstakes or similar events. Such events may require you to submit personal information to participate. Each event shall be subject to separate rules, and you should review all applicable rules before participating. Please see the Privacy Policy, available at www.bestcanvas.ca/privacy_policy, for additional detail. Posting by Bestcanvas of a contest or similar event on the Site does not mean that it is applicable to your jurisdiction.

    1.10 LINKING AND FRAMING.
    You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You may link to the Site only by linking to the home page located at www.bestcanvas.ca. You are prohibited from "deep linking" to any other pages in a manner to bypass the home page.

    1.11 VIOLATION OF TERMS OF USE.
    You acknowledge that Bestcanvas has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of Bestcanvas, interfere with any other user's access or use of the Site, or if Bestcanvas decides that your use is otherwise detrimental to Bestcanvas, the Site, or Bestcanvas's suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact Bestcanvas at info@bestcanvas.ca . Bestcanvas may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. Bestcanvas does not have any obligation or liability to you for the performance or nonperformance of those activities.

    1.12 SITE SERVICES AND PURCHASES. Bestcanvas may, from time to time, offer through the Site certain services and may offer you to make purchases of certain products that are subject to their own specific Terms of Service, available at www.bestcanvas.ca/terms-of-service, and Terms of Sale, available at at www.bestcanvas.ca/terms-of-sale. In the event of any conflict between those Terms of Service or Terms of Sale and these Terms of Use, the applicable Terms of Service and Terms of Purchase shall control. Please be sure to review any applicable Terms of Service before making use of a Site service and of Terms of Sale before making any purchases on the Site.

2. POSTED INFORMATION.

    2.1 ALL POSTED INFORMATION IS PUBLIC.
    Bestcanvas may reserve certain portions of the Site to permit registered users to post materials or information, including but not limited to classified ads, user resumes or other personal information, job listings, user demonstration reels or other sample materials, graphics, images, opinions, comments, conversations or questions ("Posted Information"). Bestcanvas has provided those special sections as a service to its customers and the media community with the intent of making Posted Information publicly available to anyone who wishes to view it. By using these services and posting or transmitting to Bestcanvas for posting such Posted Information, you thereby acknowledge and agree that all Posted Information is publicly available to any viewer of the Site. You further acknowledge and agree that Bestcanvas shall have no responsibility, liability, or obligation to you with regard to the Posted Information, its protection, its use or misuse in anyway whatsoever by any entity, including but not limited to Bestcanvas itself. Without limiting the foregoing, you agree that the Posted Information is exempt from the application of Bestcanvas's Privacy Policy www.bestcanvas.ca/privacy_policy .

    2.2 LICENSE TO POSTED INFORMATION.
    (a) By submitting the Posted Information for publication on the Site, you grant to Bestcanvas, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sublicenseable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute (in any format whatsoever) the Posted Information for any purpose related to the Site.
    (b) You also hereby authorize any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes within such third party's organization. If your Posted Information includes links to internet sites ("Posted Links"), you are deemed, to the extent you are able, to grant to Bestcanvas a worldwide, royalty-free, sublicenseable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Site. Bestcanvas requires that Posted Links be restricted to home pages, and not "deep links," unless the Posted Link is to an internet site that you own, operate, or to which you are otherwise authorized to link. Bestcanvas reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever.
    (c) Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of Bestcanvas with regard to the contents of sites related to User Links.

    2.3 USE AND MONITORING OF POSTED INFORMATION.
    (a) The decision to make Posted Information available, or to use or respond to Posted Information is yours alone. Bestcanvas may make only a portion of the Site available for the publication, distribution, and review of Posted Information. Bestcanvas is not involved in any transactions between the users who submit Posted Information and the users who view or use such information. Without limiting the generality of foregoing, Bestcanvas is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the Posted Information contained in the Site.
    (b) In addition, please note that Bestcanvas cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Site.
    (c) Bestcanvas has no obligation to review, screen, or edit any Posted Information, either in advance, or after posting. Bestcanvas may post the Posted Information as submitted by the person registered to post the information, but will not accept any responsibility or liability for the accuracy of or omissions in such Posted Information. Inclusion of Posted Information on this Site does not imply any endorsement by Bestcanvas of the Posted Information.
    (d) Bestcanvas reserves the right, in its sole discretion, to take any actions with respect to Posted Information that it deems are in the best interests of Bestcanvas or the Site, including but not limited to rejecting Posted Information, removing Posted Information, and/or revoking the access of any user who violates these Terms of Use.

3. USER REPRESENTATIONS AND WARRANTIES.

    3.1 Bestcanvas respects the intellectual property rights of others, and expects its users to do the same. Users are prohibited from posting anything on the Site that violates the intellectual property rights of others. Therefore, by registering or submitting Posted Information, you hereby represent and warrant that:
    a) You have all right, title, and interest to such Posted Information, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you abide by these Terms of Use and make the Posted Information available;
    b) The Posted Information does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction ("Intellectual Property Rights") of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;
    c) To the extent you are advertising to transfer or sell any product, you have all right, title and interest in such product to allow such transfer or sale (in particular, please note that the software license applicable to an Bestcanvas Product governs the ability to transfer it to another user);
    d) You are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the Posted Information is true and your own information; and
    e) The Posted Information does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.
    By reviewing or using the Posted Information, you represent and warrant that:
    a) You will only use it for lawful purposes;
    b) Your use of the Site will not violate or constitute the infringement of the Intellectual Property Rights of Bestcanvas or any other person or entity or otherwise constitute the breach of any agreement with any other person or entity; and
    c) Your use will not constitute an unlawful, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic use, or otherwise violate any other applicable law or regulation.

    3.2 If you believe that any Posted Information infringes your copyrighted works, you may provide a notification of claimed copyright infringement to Bestcanvas's Designated Agent for copyright complaints. Please see our Copyright Complaint Policy, available at www.bestcanvas.ca/copyright, for further information.

4. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION.

For avoidance of doubt, please note that the term "Site" as used in Section 3 encompasses all content of this Site whatsoever, including but not limited to Posted Information.
    4.1 DISCLAIMERS.
    (a) THE SITE IS PROVIDED BY BESTCANVAS "AS IS" AND WITH ALL FAULTS. BESTCANVAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, ITS OPERATION, OR ITS PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW, BESTCANVAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
    (b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BESTCANVAS SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. BESTCANVAS DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
    (c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BESTCANVAS SPECIFICALLY INFORMS YOU THAT BESTCANVAS MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.

    4.2 EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY.
    UNDER NO CIRCUMSTANCES SHALL BESTCANVAS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF BESTCANVAS, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF BESTCANVAS, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

5. INDEMNIFICATION.

    5.1 You agree to indemnify, hold harmless, and defend Bestcanvas and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Site, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Site by you or users of your account, or any breach or violation of these Terms of Use by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party or Parties. Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

6. MISCELLANEOUS.

    6.1 These Terms of Use are governed by the laws of the State of Florida, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply.

    6.2 You agree to the sole and exclusive jurisdiction and venue of the federal or state courts sitting in Dade County, Florida, in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it, and you waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non convenience. You and Bestcanvas irrevocably waive the right to jury trial.

    6.3 The failure of Bestcanvas to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right.

    6.4 You and Bestcanvas are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

    6.5 Nothing in these Terms of Use is intended to affect your rights, if any, under applicable consumer protection laws. In the event that any of the terms of the Terms of Use contradict your rights under applicable consumer protection laws, then the terms of such law shall govern but only insofar as specific provisions of the Terms of Use are incompatible with such law, and the rest of the Terms of Use shall remain unaffected. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
Copyright 2014 - © Bestcanvas, Inc., 6300 NE 4th Avenue, Miami, FL 33138. All rights reserved.

Terms of Service

Last updated on: 2014-11-28
Bestcanvas, Inc. ("Bestcanvas") makes the bestcanvas.ca website (the "Site") and the Service (as defined below) available to you. The use of the Site is governed by the Terms of Use. Bestcanvas also provides to you via the Site a Service (as defined below) that is governed by the following Service Terms and Conditions. In addition, Bestcanvas gives you the option to purchase certain Products (as defined below) created with the help of the Service. The purchase of such Products is governed by the Terms of Sale.
By using the Service, you agree to be bound by these Terms of Service and the Terms of Use, and if you are using the Service on behalf of a business, that business accepts these terms. When we refer to these Terms of Service, the Terms of Use are included by reference. If you buy Products from the Site, you are also bound by the Terms of Sale.
Bestcanvas may change these Terms of Service from time to time at Bestcanvas's sole discretion. Your continued use of the Service following the posting of such changes will constitute your agreement to all such changes. Please visit this section of the Site periodically to review the current version of these Terms of Service. If you disagree with the changed Terms of Service, do not use the Service any longer.

1. The Service and Products.

    1.1 Bestcanvas provides various Internet-based services through the Site (collectively, the "Service"). One such service enables you, by interacting with Bestcanvas's computers using the Site, to upload photos or other images (collectively, "Images") and to customize size, layout, colors and other specifications of the Images (collectively, "Designs" and, together with the Images, "Content") for the manufacture of machine-printed, custom-made canvas prints and other photo print products ("Products").

    1.2 We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop the Service altogether without giving you prior notice.

2. Use of the Service.

    2.1 Eligibility.
    Bestcanvas will only knowingly provide the Service to parties that may lawfully enter into and form contracts under applicable law. If you are under the age of 18 (eighteen) years, you may use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The Service is not intended for children under 13.

    2.2 Compliance with Terms of Service and Applicable Laws.
    When you use the Service, you must comply with all of the terms and conditions of these Terms of Service, as well as the applicable agreements and policies referred to below, and all applicable laws, regulations and rules.

    2.3 Your License to Use the Service.
    (a) Except as expressly provided for in these Terms of Service, all intellectual property and other rights, title and interest in and to the Site and the Service are and will be the sole and exclusive property of Bestcanvas and/or its suppliers or licensors. Among other things, Bestcanvas owns the trademark bestcanvas.ca, the copyrights in and to the Site and certain technology used in providing the Service. You will not acquire any right, title or interest therein or thereto under these Terms of Service or otherwise.
    (b) Bestcanvas grants you a limited revocable, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Service for its intended purposes (the "License"), if and so long as you comply with these Terms of Service. The License does not include the right to collect or use information contained on the Site for purposes prohibited by Bestcanvas, compete with Bestcanvas, create derivative works based on the content of the Site, or download or copy the Site, other than page caching. If you use the Service in a manner that exceeds the scope of the License or if you otherwise breach these Terms of Service, Bestcanvas may and will revoke the License granted to you. Bestcanvas may also pursue other legal remedies permitted by applicable law against any person using the Site in violation of these Terms of Service.
    (c) For further information regarding your intellectual property rights, please see paragraph

    2.4 Services by Third Parties.
    Bestcanvas may use third parties to provide certain other services accessible through the Site, including but not limited to shipping of Products created using the Service. Bestcanvas does not control those third parties or their services, and you agree that Bestcanvas will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms of Service when you use these services. If any such terms or policies conflict with Bestcanvas's Terms of Service, agreements or policies, you must comply with Bestcanvas's Terms of Service, agreements or policies, as applicable.

3. Use of Your Content; License to Bestcanvas.

    3.1 You will retain ownership of the Content that you upload to or design on the Site, particularly any Images to which you have the copyright or a license that permits you to upload such Images to the Site and to use the Service. By uploading Images to the Site or creating Designs and Content, you grant the following licenses to Bestcanvas: a fully-paid up, royalty-free, non-exclusive, worldwide, transferable, sublicensable right to to reproduce, distribute, prepare derivatives works from, crop, or otherwise modify the Images and Designs.

    3.2 You may remove Content at any time, and you retain all your copyright and other intellectual property rights, if any, in that Content. If you choose to remove Content, this will serve as a notice to Bestcanvas of your intention to terminate the licenses described in the above paragraph 3.1, and those licenses will terminate immediately and automatically, except that Bestcanvas will fulfill all orders for Products that are in any way derived from that Content placed prior to notice of termination.

    3.3 In addition to uploading Content, the Site may provide you with the option to upload your User Feedback or Posted Information (as those terms are defined in the Terms of Use available at www.bestcanvas.ca/terms-of-use). You acknowledge that User Feedback and Posted Information are not Content and are not governed by these Terms of Service but by the Terms of Use. You should review the Terms of Use, as they grant Bestcanvas wide-ranging rights to use, disclose, distribute, modify, display and distribute User Feedback, and hold that all Posted Information is publicly available to any viewer of the Site. If you submit feedback or suggestions about our Service, we may use your feedback or suggestions without obligation to you.

4. Reservation of Rights.

    4.1 Bestcanvas reserves the right to modify, revise or discontinue the Service, or any features, functionality or services provided as part thereof or in connection therewith, without prior notice to you.

    4.2 Bestcanvas reserves the right, but does not assume any obligation, to monitor transactions and communications that occur using the Service. If Bestcanvas determines, in its sole and absolute discretion, that you or another Bestcanvas user has breached or will breach a term or condition of these Terms of Service or that such transaction or communication is inappropriate, Bestcanvas may cancel such transaction or take any other action to restrict access to the Site or restrict the availability of any material that may be considered objectionable, without any liability to you or any third party.

5. Prohibited Use.

    5.1 You may only use the Service as expressly permitted by Bestcanvas. You may not cause harm to or take any action which may adversely affect the Site or the Service. Specifically, without limitation, you may not:
    (a) interfere with the Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
    (b) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Service;
    (c) use any device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology;
    (d) collect email addresses or other information from third parties by using the Service;
    (e) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Bestcanvas's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service. By using the Bestcanvas Site, you are promising that you are not using the Service or the Site for any of the Prohibited Uses.

6. Representations and Warranties.

    6.1 You represent and warrant to Bestcanvas:
    (a) that you have the full power and authority to enter into and perform under these Terms of Service or, if you are a minor, your parent or legal guardian has approved and consented to your entering into these Terms of Service and agrees to be bound by these Terms of Service,
    (b) the acceptance and performance of your obligations under these Terms of Service do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, and
    (c) these Terms of Service are your legal, valid and binding obligation, enforceable in accordance with their terms and conditions.

    6.2 You represent and warrant to Bestcanvas that, in connection with your use of the Service, you:
    (a) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and
    (b) will comply with all applicable laws, rules, and regulations and
    (c) that you have the right to grant the License to Bestcanvas in subsection 3.1. You further represent and warrant to Bestcanvas that:
    (d) there are no claims, demands or any form of litigation, arbitration or investigation pending, or to the best of your knowledge, threatened with respect to any of your Content;
    (e) Bestcanvas will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Bestcanvas incurs in providing the Service;
    (f) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and
    (g) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

7. Disclaimers and Exclusions.

    7.1 DISCLAIMER OF WARRANTIES.
    BESTCANVAS PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. BESTCANVAS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE:
    (a) WILL BE UNINTERRUPTED OR TIMELY,
    (b) WILL BE SECURE, FREE OF INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS,
    (c) WILL MEET YOUR REQUIREMENTS, OR
    (d) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BESTCANVAS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

    7.2 EXCLUSION OF DAMAGES. BESTCANVAS OR ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS) ARISING IN ANY WAY OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    7.3 LIMITATION OF LIABLITY. IN NO EVENT WILL THE LIABILITY OF BESTCANVAS OR ITS SUPPLIERS OR LICENSORS EXCEED THE PRICE PAID BY YOU FOR THE SERVICES RENDERED TO YOU OR, IF YOU PURCHASED ANY PRODUCT, THE PRODUCT. THE PRICE EXCLUDES THE COST OF SHIPPING OF ANY PRODUCTS TO YOU OR ANY TAXES OR ANY OTHER PAYMENT TO A THIRD PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF BESTCANVAS, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification.

    8.1 You agree to indemnify and hold Bestcanvas and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Indemnified Parties alleging or threatening that, through any act or omission, you have breached any of these Terms of Service or have caused loss, damage or liability to such claimant. If you are required to indemnify Bestcanvas under this paragraph 8, Bestcanvas will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Bestcanvas's express written permission.

9. Termination of Service.

    9.1 Bestcanvas may, at any time and without notice to you, suspend or terminate your use of the Service if Bestcanvas determines, in its sole and absolute discretion, that you have breached a term of these Terms of Service.

    9.2 Notwithstanding paragraph 9.1 above, these Terms of Service will survive indefinitely unless and until Bestcanvas chooses to terminate them.

    9.3 If you or Bestcanvas terminates your use of the Service, Bestcanvas may delete any Content or other materials relating to your use of the Site or the Service on Bestcanvas's servers or otherwise in its possession without notice to you, and Bestcanvas will have no liability to you or any third party for doing so.

10. Miscellaneous.

    10.1 All notices required or permitted to be given under these Terms of Service must be in writing and delivered to the other party by any of the following methods: (i) certified U.S. mail, return receipt requested, (ii) tracked overnight courier service, or (iii) electronic mail. If you give notice to Bestcanvas, you must use the following addresses: Bestcanvas, Inc., 6300 NE 4th Avenue, Miami, FL 33138, email: corporate@bestcanvas.ca. If Bestcanvas provides notice to you, Bestcanvas will use the contact information provided by you to Bestcanvas. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the second day after deposit with such courier service, or (iii) if by electronic mail, on the first business day after the message was sent, if no electronic notice of delivery failure or system error is provided to the sender. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

    10.2 These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida without reference to such laws' conflict of law principles.

    10.3 All disputes arising out of, relating to or connected with these Terms of Service or your use of any part of the Service will be exclusively resolved by the state or federal courts sitting in Dade County, Florida. You waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non conveniens. Notwithstanding anything to the contrary in this paragraph 10.3, Bestcanvas may seek equitable relief, including, without limitation, injunctive relief and specific performance, against you without the requirement of posting a bond or other security or proving money damages are insufficient, from any court of competent jurisdiction. You and Bestcanvas irrevocably waive the right to jury trial.

    10.4 These Terms of Service will be binding upon each party hereto and its successors and permitted assigns. Bestcanvas may assign its rights and delegate the performance of its obligations under these Terms of Service to any affiliate of Bestcanvas. You may not assign your rights or delegate your obligations under these Terms of Service to any person without the prior written consent of Bestcanvas.

    10.5 These Terms of Service (including all of the policies and other terms and agreements described therein , which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter.

    10.6 No failure or delay by a party in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

    10.7 You and Bestcanvas are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.

    10.8 Nothing in these Terms of Service is intended to affect your rights, if any, under applicable consumer protection laws. In the event that any of the terms of these Terms of Service contradict your rights under applicable consumer protection laws, then the terms of such law shall govern but only insofar as specific provisions of these Terms of Service are incompatible with such law, and the rest of these Terms of Service shall remain unaffected. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
Copyright 2014 - © Bestcanvas, Inc., 6300 NE 4th Avenue, Miami, FL 33138. All rights reserved.

Terms of Sale

Last Updated on: 2014-11-28

1. Acceptance of Terms.

    1.1 Your purchase of Products using the Service (as defined in the Terms of Service) is subject to these terms of sale (the "Terms of Sale"). By clicking the "I ACCEPT" button and making a purchase, you acknowledge that you have read and agree to be bound by these Terms of Sale.

2. Relationship to Terms of Service.

    2.1 These Terms of Sale contain the rules and regulations concerning purchases of all Products using the Service.

    2.2 These Terms of Sale are not meant to contradict any portion of the Terms of Use and Terms of Service that govern your use of the Bestcanvas Site and the Service. The Terms of Use can be found on the Bestcanvas website at www.bestcanvas.ca/terms-of-use. The Terms of Service can be found on the Bestcanvas website at www.bestcanvas.ca/terms-of-service. Both the Terms of Use and the Terms of Service and are incorporated into these Terms of Sale by reference. By agreeing to comply with these Terms of Sale, you also agree to comply with the Terms of Use and the Terms of Service. If any portion of these Terms of Sale is found to contradict the Terms of Service, the Terms of Service will govern and be binding.

    2.3 Capitalized terms not defined in these Terms of Sale have the meaning assigned to them in the Terms of Service.

3. Representation Regarding Legal Age or Parental or Legal Guardian's Consent.

    3.1 You represent and warrant to Bestcanvas that you have the full power and authority to enter into and perform under these Terms of Sale or, if you are a minor, your parent or legal guardian has approved and consented to your entering into these Terms of Sale and who agrees to be bound by these Terms of Sale. Bestcanvas does not knowingly make sales to children under 13.

4. The Process of Creating Canvas Prints.

    4.1 Your Uploading of Images and Creation of Content.
    The Service enables you to upload your Images onto Bestcanvas's computers and create Content according to the Designs you choose. You agree that Bestcanvas is not responsible for the quality of the Images you upload or your choices in creating the Designs. Not every Image is suitable for a canvas print, and some Images are only suitable for canvas prints up to a certain size or in a certain format. Based on the DPI (Dots Per Inch) contained in your Image, the Site will recommend one or more formats for a canvas print, from which you may choose. You agree that you alone are responsible for making sure that the quality of the Image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing and for your choice of format of your canvas print. Images are created and stored in a variety of ways and you agree that Bestcanvas is not responsible for ensuring quality Images for any image file format available on the Site.

    4.2 Production of Canvas Prints.
    The canvas prints are manufactured by electronically applying the Design and Content you have created interacting with a computer using the Service. You understand and agree that no employee, officer, owner, agent or authorized representative of Bestcanvas is responsible for monitoring the Content and Design that you, or any other user, upload or create or the canvas prints manufactured using the specifications you entered using the Service, neither while you are using the Service, nor after completing the purchase on the Site and during the production process of the canvas prints. You agree that canvas prints that are purchased will not be checked for content, spelling, grammatical or logical errors, aesthetic quality, color matching or any other factor that is within the your Control (as defined below) through the use of the Site. You have opportunities during the purchasing process to check your purchase for layout, content and other specifications, and you agree that you have done so before making your purchase. "Control" means any part of a canvas print whose specifications are, or can be, provided by you, including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.

    4.3 Color Matching.
    Bestcanvas offers the Service and sells the Products through a Site viewable via computers connected to the Internet. You may view Bestcanvas products solely through your computer screen or "monitor." Your monitor may be configured to display images and colors in a variety of ways. There is no true uniform standard to which all monitors conform. What may look one way on one monitor, will look different on another. Computers render images using light, whereas Bestcanvas produces canvas prints using pigments, which does not result in the same visual experience as viewing the images on your monitor. You agree that Bestcanvas does not guarantee that the colors on the purchased Product will look the same as they appear on your monitor.

    4.4 Canvas Prints.
    We attempt to describe our Products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. You acknowledge that you have reviewed the Site and/or researched independently and that you understand what each of the Products sold on the Site is and what you are buying. Bestcanvas only warrants that you will receive the materials advertised on the Site that you purchase. You agree that Bestcanvas is not responsible for Products received that are made of materials thought by the purchaser to be something other than advertised on the Site. As an example, you agree Bestcanvas is not responsible if the canvas print received by you is not what you envisioned a canvas print would be. You agree that all Products manufactured and sold by Bestcanvas are for novelty purposes only and that Bestcanvas does not claim that the Products are useful for any specific purposes, including commercial use, or that they comply with any legal requirements. You agree to review any applicable legal authority for the standards, rules and regulations governing the legality of using any of the Products purchased on the Site. If a Product you purchased is not to your liking you may return it in accordance with our Return and Refund Policy. See below at Section 10.4.

    4.5 Discounted Products.
    bestcanvas.ca or affiliate websites sometimes advertise discounted Products. Such discounted Products will be described appropriately and may include canvas prints that require assembly by you, such as stretching a canvas print on a stretcher provided by Bestcanvas or an affiliate of Bestcanvas. Assembly may require moderate technical skills and the use of household tools. You acknowledge that you understand that if you purchase a discounted Product so described, you are solely responsible for assembly of such Product and Bestcanvas does not guarantee that the assembled Product will meet your expectations or conform to any expectations you may have with regard to such Product.

5. Order Process.

    5.1 All orders for Products shall be deemed to be an offer by the Buyer to purchase Products pursuant to these Terms of Sale and are subject to acceptance by Bestcanvas. Bestcanvas may choose, at its discretion, not to accept an order for any reason. The acceptance of an order is indicated by sending you an electronic confirmation and invoice, with an order number, which may be displayed on the Site or sent by email to the email address you provided during the order process, or both. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order.

6. Your Account.

    6.1 When you purchase a Product from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You agree to accept responsibility for all purchases and activities that occur under your account.

7. Prices and Payment.

    7.1 The list prices for the purchase of the Products will be stipulated on the Site, but are subject to change without notice and correction of errors and omissions.

    7.2 The total purchase price, including shipping cost, and taxes incurred (if any), of any ordered Product will be displayed in the payment screen prior to confirming the order. You agree that taxes may be adjusted from the amount shown on the payment screens to reflect actual taxes owed.

    7.3 Payment of any order becomes due when the order goes into production. At that time, your credit card will be charged. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including shipping, handling and any taxes) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.

    7.4 Payments for Credit Card are handled via:

    Picanova GmbH
    Hohenzollernring 25
    50672 Cologne
    Germany
    Registry Court: Cologne, HRB 58130

8. Cancellations and Changes to Your Order.

    8.1 Bestcanvas provides various opportunities to review, revise and cancel the order process before completing the placement your order. You agree that Bestcanvas is not responsible for reviewing, revising or canceling orders, Products or Images once an order has been placed. A Bestcanvas employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so. No order will be canceled once production has begun. By placing your order, you agree that you have reviewed your order, that no further additions, corrections or changes need to be made and that your order is final as is.

    8.2 If Bestcanvas agrees, as it may in its discretion, to cancel an order after it was submitted, and if you already have made payment for the order, Bestcanvas will, at your option, give you a credit for the purchase price to be used on the Site for the purchase of another Product or Service offered by Bestcanvas, or issue a refund of the purchase price (less any administrative fees and/or shipping cost, as determined by Bestcanvas) by check or any other appropriate method selected by Bestcanvas in its discretion, including but not limited to refund of electronic payments. A credit may be used on the Bestcanvas website for any purchase within 60 (sixty) of the date of issuance of the credit.

9. Production and Shipping Time.

    9.1 When you're checking out you may be able to pick from several options how fast to receive your order and an estimated shipping time will be provided to you. If you have a special rush request please call us for assistance at (305) 759-7800. No rush requests will be accepted by email. All shipping charges are your responsibility. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. Title to products passes from Bestcanvas to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.

10. Return and Refund Policy.

    10.1 Bestcanvas warrants that the Products it sells are free from manufacturing defects for a period of 30 (thirty) days after your receipt. Any claim of defectiveness must be made no later than thirty (30) days after receipt of the Product. If the Product fails or breaks due to a manufacturing defect during that time (i.e., is "Defective"), you agree to send an email to info@bestcanvas.ca , with a photo showing the alleged defects of the Product and providing a description regarding the circumstances of the Product's failure or breakage, including but not limited to the use of the Product, the conditions the Product was in, and any other information useful to an informed determination by Bestcanvas as to the cause of the failure or breakage or reasonably required to be provided by Bestcanvas. Alternatively, you may return the Product for Bestcanvas's inspection, at your own cost. You agree that the determination of whether a Product is Defective is within the sole discretion of Bestcanvas.

    10.2 Bestcanvas may upon request supply a shipping label for the return of a Product to Bestcanvas that Bestcanvas has recognized as Defective, in which case you must return the Defective Product using the shipping label. Bestcanvas may, in its discretion, waive the requirement that the Defective Product be returned.

    10.3 Upon receipt of a Product (unless waived), and if Bestcanvas recognizes it as Defective, Bestcanvas will, at your option,
    (a) send you a replacement of the Product or (ii) issue a credit for the purchase price, plus original shipping cost, of the Defective Product or
    (b) issue a refund of the purchase price, plus the original shipping cost, by check or any other appropriate method (as selected by Bestcanvas), including but not limited to refund of electronic payments. A credit may be used on the Bestcanvas website for any purchase of Products then offered by Bestcanvas within 60 (sixty) days of the date of issuance of the credit.

    10.4 If a Product is not to your liking, but not Defective (as determined by Bestcanvas), you may return the Product at your own expense to Bestcanvas within 14 (fourteen) days upon your receipt of the Product. If the Product is received by Bestcanvas unused and in its original condition, Bestcanvas will, at your option, issue a credit for or a refund of the original purchase price of the Product, minus the original shipping cost and any taxes paid. Refunds will be paid by check or any other appropriate method selected by Bestcanvas, including but not limited to refund of electronic payments. A credit may be used on the Bestcanvas website for any purchase of Products then offered by Bestcanvas within 60 (sixty) days of the date of issuance of the credit.

11. LIMITED WARRANTIES.

    11.1 BESTCANVAS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SALE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. THE WARRANTIES IN THESE TERMS OF SALE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES.

    12.1 BESTCANVAS OR ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE PURCHASE OF ANY PRODUCT, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    IN NO EVENT WILL THE LIABILITY OF BESTCANVAS OR ITS SUPPLIERS OR LICENSORS EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT YOU PURCHASED. THE PRICE EXCLUDES THE COST OF SHIPPING OF ANY PRODUCTS TO YOU OR ANY TAXES OR ANY OTHER PAYMENT TO A THIRD PARTY.
    BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF BESTCANVAS, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Violation of Terms of Service or Terms of Sale and Cancellation.

    13.1 While Bestcanvas does not review your Content, you still agree to be bound by the restrictions as laid out in the Terms of Service. You also agree that your Content does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of personality, likeness, celebrity, privacy and intellectual property, in each case as determined by Bestcanvas in its sole discretion.
    13.2 Should it come to the attention of Bestcanvas that you have violated the Terms of Service or these Terms of Sale, you agree that Bestcanvas may send you a notice of cancellation and that any pending order you may have placed may be canceled, in the sole discretion of Bestcanvas. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, may be refunded by check or by such other means of refund as Bestcanvas may select, including but not limited to refund of electronic payments.

14 Indemnification.

    14.1 You agree to indemnify and hold Bestcanvas and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Indemnified Parties alleging or threatening that, through any act or omission, you have breached any of these Terms of Sale or have caused loss, damage or liability to such claimant. If you are required to indemnify Bestcanvas under this paragraph 14, Bestcanvas will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Bestcanvas's express written permission.

15. Miscellaneous.

    15.1 All notices required or permitted to be given under these Terms of Sale must be in writing and delivered to the other party by any of the following methods:
    (a) certified U.S. mail, return receipt requested,
    (b) tracked overnight courier service, or
    (c) electronic mail. If you give notice to Bestcanvas, you must use the following addresses: Bestcanvas, Inc., 6300 NE 4th Avenue, Miami, FL 33138, email: corporate@bestcanvas.ca. If Bestcanvas provides notice to you, Bestcanvas will use the contact information provided by you to Bestcanvas. All notices will be deemed received as follows:
    (d) if by delivery by U.S. mail, seven (7) business days after dispatch,
    (e) if by overnight courier, on the second day after deposit with such courier service, or
    (f) if by electronic mail, on the first business day after the message was sent, if no electronic notice of delivery failure or system error is provided to the sender. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

    15.2 These Terms of Sale will be governed by and construed in accordance with the laws of the State of Florida without reference to such law's conflict of law principles.

    15.3 All disputes arising out of, relating to or connected with these Terms of Sale or your purchase of any Product will be exclusively resolved by the state or federal courts sitting in Dade County, Florida. You waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non conveniens. You and Bestcanvas irrevocably waive the right to jury trial.

    15.4 These Terms of Sale will be binding upon each party hereto and its successors and permitted assigns. Bestcanvas may assign its rights and delegate the performance of its obligations under these Terms of Sale to any affiliate of Bestcanvas. You may not assign your rights or delegate your obligations under these Terms of Sale to any person without the prior written consent of Bestcanvas.

    15.5 These Terms of Sale (including all of the policies and other terms and agreements described therein , which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter.

    15.6 No failure or delay by a party in exercising any right, power or privilege under these Terms of Sale will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

    15.7 You and Bestcanvas are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Sale.

    15.8 Nothing in these Terms of Sale is intended to affect your rights, if any, under applicable consumer protection laws. In the event that any of the terms of these Terms of Sale contradict your rights under applicable consumer protection laws, then the terms of such law shall govern but only insofar as specific provisions of these Terms of Sale are incompatible with such law, and the rest of these Terms of Sale shall remain unaffected. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
Copyright 2014- © Bestcanvas, Inc., 6300 NE 4th Avenue, Miami, FL 33138. All rights reserved.