Terms of Use and Privacy Policy

Terms of Use and Privacy Policy

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Terms of Use

General
I hereby affirm that I own the copyright to the photo or digital image provided to CanvasPeople.com or I am authorized by the owner of the copyright to the photo or digital image to use the photo or digital image for any purpose and agree to indemnify CanvasPeople for all costs and expenses in the event a third party claim is asserted with respect to the ownership rights in the photo or digital image. Once the photo or digital image is altered by CanvasPeople, or when I grant consent for use in CanvasPeople member galleries, it becomes property of CanvasPeople. I agree to hold CanvasPeople harmless for any damages or loss to the photos or digital image. Upon placing an order, I agree to have CanvasPeople adjust my order on my behalf in the event that the order cannot be completed in a manner that CanvasPeople deems necessary to ensure customer satisfaction.

Images on the CanvasPeople site may not be accurate. Art received via mail may vary in color from images on the website.

Delivery charges will be covered by you (customer). CanvasPeople.com cannot guarantee delivery times or dates due to circumstances beyond their control.

I hereby release CanvasPeople and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees from all claims of every kind related to the alteration of the photos or digital images.

I further consent to the reproduction and/or authorization by CanvasPeople, to reproduce and use said photographs for use in all domestic and foreign markets. Further, I understand that others, with or without my consent, may use and/or reproduce such photographs. In addition, by participating, I am agreeing to the use of my photo or likeness for publicity, marketing, and sale purposes with no financial or other type of compensation. I hereby waive any right to inspect or approve any publicity materials produced. These publicity materials may be used at the discretion of CanvasPeople and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees.

CanvasPeople reserves the right to refuse to print an item to canvas.

CanvasPeople, Inc. reserves the right to refuse to fill any order for a product if that product would bear a customer image that consists or may consist, in CanvasPeople's sole discretion and determination, in whole or in part of:

a. an image, character, text or other content protected by copyright and owned by a party other than CanvasPeople, Inc. or the customer submitting the image;
b. a trademark, service mark, logo or slogan owned by a party other than CanvasPeople, Inc. or the customer submitting the image;
c. any other intellectual property owned by a party other than CanvasPeople, Inc. or the customer submitting the image, or
d. any image, text or other content that is profane, vulgar, obscene, pornographic, graphically sexual or contains full or partial nudity; or any image, text or other content that is threatening, harassing, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or
e. any other material which may give rise to civil or criminal liability under any applicable law.
The customer agrees to fully indemnify and hold CanvasPeople, Inc. harmless of, from and against any liability, loss, damages, costs and attorneys fees that may be alleged against or incurred by CanvasPeople, Inc. as a result of any and all claims by third parties or law authorities related in any manner to customer images or CanvasPeople, Inc.’s manufacture of or fulfillment of orders for products bearing customer images regardless of whether or not CanvasPeople, Inc. pre-screens the customer images.

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Promotions
CanvasPeople may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and promotions that provide an opportunity for members to credits, coupons, prizes, or benefits, (for example, shopping credits issued to customers for referring others to CanvasPeople). Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits.

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Delivery  Guarantees
CanvasPeople may from time to time offer guaranteed delivery on or before a certain date. The guarantee applies only to orders that do not include services requiring photo editing (such as edits, enhancements, etc) and to orders that were placed on or before the specified expiration date.

If you placed an order that is subject to our delivery guarantee, CanvasPeople will attempt to have the order delivered on or before the specified date. We will determine at our sole discretion what means we will use to meet this guarantee.

In the event your order is not delivered before the guaranteed delivery date, CanvasPeople may offer you a free canvas or a refund of the shipping on your order. In no case shall we be liable for more than the price you paid for the part(s) of your order that did not arrive on time.

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Credits
Credits are only for use on products available for purchase on the Web Site. Credits may be combined with coupons or other offers, and will be automatically deducted from the total in the shopping cart. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits.

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Suspension for Inappropriate Conduct
CanvasPeople reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct. You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. CanvasPeople reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by CanvasPeople. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If CanvasPeople terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by CanvasPeople and such determination is final.

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Mobile Messaging

The CanvasPeople mobile message service (the "Service") is operated by CanvasPeople (“CanvasPeople”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to CanvasPeople’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of CanvasPeople through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with CanvasPeople. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 57720 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other CanvasPeople mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 57720 or email support@canvaspeople.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.


Copyright and Trademark Notice

This Site and its contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of CanvasPeople.com (A Transfor Digital Media Marketing property) or its third party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of CanvasPeople or its third party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of CanvasPeople is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.

The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for your own use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. In using downloaded materials, copyright and trademark notices shall be displayed and used in the manner shown or specified. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. No reproduction of any part of this Site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication, or website. CanvasPeople shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Site. If you choose to download material from this Site you do so at your own risk.

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Privacy Policy

This website is maintained by CanvasPeople, owned and operated by Transfor Digital Media Marketing. CanvasPeople recognizes the importance of privacy to our visitors. We understand that many visitors to our site are concerned about the information they provide to us and how we handle that information. Therefore, we've developed a formal privacy policy to assure you that we carefully protect customer information. We reserve the right to update this privacy policy at any time, so please check back occasionally.

If you have any questions about our Privacy Policy you can reach us 24 hours a day, 7 days a week by sending an e-mail to (support@canvaspeople) or by calling (1-855-637-2253). We will be happy to answer your questions or hear your concerns.

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OUR POLICY
We do not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly at CanvasPeople.com. If you are simply browsing our website and learning about our products, we invite you to do so. As an unregistered visitor to our site, we'll recognize your home server (e.g., that your web access is through AOL.com), but not your e-mail address or any other personal information.

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PERSONALLY IDENTIFIABLE INFORMATION COLLECTED

CanvasPeople collects personally identifiable information from the following sources: Information you provide to us (e.g., from your engagement with our Sites, advertising, and media); Information we collect automatically from you (e.g., from the use of cookies); and Information from third parties (e.g., from our service providers who help operate our Sites). Personally identifiable information relates to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual consumer or their respective household – including, but not limited to, your name, gender address, telephone number, e-mail address, IP addresses, order history, etc. We may combine information that we collect via one method (e.g., from our Site) with another method (e.g., a phone call). We do this to get a more complete view of our consumers’ preferences for our products and services, which, in turn, allows us to serve you better with more customization and better products.

The categories of personally identifiable information we may collect and have collected within the past 12 months from you include:  

  • Identifiers -Including without limitation your real name, account name, unique identifiers, email address, postal address, billing address, phone number, birthdate, credit card information, social media handle or moniker, or other similar identifiers.
  • Legally Protected Characteristics– Including without limitation, your age and gender.
  • Commercial Information -Including without limitation our products you purchased, obtained, considered, or returned and promotions, sweepstakes, contests, and other loyalty programs you participated in.
  • Internet or Other Electronic Network Activity Information– Including without limitation, browsing history, search history, click numbers, referring/exit pages, date/time stamps, information regarding your interaction with our Sites and advertisements, and your device information. See the Sections below titled “INFORMATION SHARING” and “COOKIES” for more information.
  • Geolocation Information - Including without limitation information that can help identify your physical location like your GPS coordinates or the approximate location of your electronic devices.
  • Audio and Visual Information– Including without limitation any voice recordings that you voluntarily leave on voice mailboxes or that we may collect when you call customer services.
  • Inferences Drawn About Your Preferences – Including without limitation your images and related preferences and interests, characteristics, behaviors on and offline, purchase patterns, and other inferences drawn from other types of information we collect from you. 
  • Other Categories of Personal Data that Relates to or is Reasonably Capable of Being Associated with You- Including without limitation the messages and other content you send us (e.g., feedback and reviews of our products and services or questions and information you provide to our staff and customer services) and information we collect from you if you interact with us on other Platforms, such as Facebook, Instagram, Twitter, and other social media or interactive pages.

USE OF PERSONAL INFORMATION
When you purchase items from our website, your name will be added to our Customer List. We may also obtain information about you from other sources, including commercially available sources, such as social media platforms, data aggregators and cooperatives and public databases. We may combine the information we receive from and about you, including the information you provide to us, with information we receive from third parties, information we automatically collect and information provided or collected offline.As is true of most websites and similar services, we automatically gather information about your computer or device from which you access our website, such as your IP address, browser type, time and date of visit, referring/exit pages and operating system. We may log this information for system administration, order verification, internal marketing and system troubleshooting purposes. We use the information we collect from you to:
  • Fulfill your order
  • Send you an order confirmation
  • Send you requested product or service information
  • Respond to customer service requests and provide you with live support
  • Send you a newsletter and marketing communications
  • Improve our services and marketing efforts
  • Conduct research and analysis
If you prefer not to receive mailings from us, please advise us by using the e-mail address provided above. We will ensure that your name is promptly removed from the list.

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INFORMATION SHARING
We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties, and we do not authorize the collection of our members' or visitors' personally identifiable information by any third parties for the third parties' use.

We may provide your personal information to companies that provide services to help us in the operation of our website or with our other business activities such as improving our marketing programs, shipping your order, or offering customer service. Such sharing includes:

sharing your billing and shipping information with payment processors and third-party logistics vendors that are assisting us in fulfilling orders you place,

sharing your personal information with third parties such as media agencies, social networks, or email service providers that are assisting us in sending direct marketing messages.

The list of companies we will share your information with includes, but is not limited to: Oracle (marketing data services), Facebook (advertising & marketing data services).

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

These companies are required to maintain the confidentiality of the information disclosed to them and otherwise to comply with the terms of this Privacy Policy, and are prohibited from using Personal Information disclosed for any purpose other than as necessary to provide the applicable services to us.

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CONTACTS FROM US
If you have provided us with your e-mail address, we may notify you from time to time about CanvasPeople products or related services that may be of interest to you. If you prefer not to receive these e-mail notifications, please follow the "Opt-out" instructions included with the e-mail or contact us at support@canvaspeople.

Some of our marketing services providers participate in the Digital Advertising Alliance Opt Out Program. To opt your web browser out of interest-based advertising, visit:http://www.aboutads.info/choices/

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COOKIES
Like most internet-based companies, we use "cookies" (small pieces of information stored on your computer) on certain parts of our website. These cookies allow us to manage your session. This ensures that we keep your order saved while you browse through the site and select items for purchase. We do not use the cookie to collect any type of personal information, and the cookie doesn't extract any information from your computer.

CanvasPeople uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS and email.

The use of cookies by our service providers, including without limitation Google Analytics, is not covered by this Privacy Policy. We do not have access or control over our service providers’ cookies; you can contact our service providers directly with questions or to opt out of collection. Our service providers may use session ID cookies to collect data in order to enable us to provide a better user experience on our website.

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SECURITY ONLINE
Most of our forms, especially when ordering a product or using online customer service, use secure pages to ensure that the information sent between your computer and our system is secure. This is especially true if we are asking you for payment information.

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YOUR CALIFORNIA PRIVACY RIGHTS

Under the California “Shine The Light” law, California residents may opt-out of our disclosure of personally identifiable information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your personally identifiable information with third parties for marketing purposes at any time by changing your cookie settings on your web browsers.  You can also email us at: privacy@canvaspeople.com. It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes.

Under the California Consumer Protection Act of 2018 (“CCPA”), California consumers have certain rights regarding the collection and use of their personally identifiable information by CanvasPeople.  Since the implementing regulations of the CCPA are not yet final and there remain differing interpretations of the law, we may from time-to-time update information in this and other notices regarding our data practices and California consumers’ rights, modify our methods for responding to California consumers’ requests, and/or supplement our response to California consumers’ requests, as we continue to develop our compliance program to reflect the evolution of the CCPA and our understanding of how it relates to our data practices.

For more information regarding the information described below, please see the following Sections:

  • The categories of personally identifiable information CanvasPeople collects from consumers in the preceding 12 months (each a “Category of PI”) - See “PERSONALLY IDENTIFIABLE INFORMATION COLLECTED
  • The categories of sources from which each Category of PI may be collected from. - See “PERSONALLY IDENTIFIABLE INFORMATION COLLECTED
  • The business or commercial purposes for which each Category of PI may be collected for. - See “USE OF PERSONAL INFORMATION
  • The categories of third parties with whom CanvasPeople may share each Category of PI. - See “INFORMATION SHARING

California consumers have the right to request to know what personally identifiable information has been collected, used and disclosed about them within the past 12 months of the date of their verified request, and to access that information. California consumers may also request deletion of their personal information, though exceptions under the CCPA may allow CanvasPeople to retain and use certain personally identifiable information notwithstanding their deletion request.  

We will not discriminate against you for exercising your rights under the CCPA.  However, if you choose not to provide us with certain information, you may not be eligible to receive certain promotions and offers for our products and services (e.g., if you do not sign up for our newsletters, you may not benefit from receiving notifications of discounts that may be exclusively offered to our subscribers).

CanvasPeople does not “sell” your personally identifiable information as defined under the CCPA.  It will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law.

If you are a California consumer, you may exercise any of your rights described in this section by contacting us via the methods listed under “HOW TO CONTACT US” below.

We will take reasonable steps to verify your identity before responding to a request, which may require you to provide (a) three specific pieces of data we have on file for you (e.g., your name, email address and billing address) and (b) a statement that you “declare under penalty of perjury that you are the person about whom the Right to Know/Delete request has been made.”

You are also permitted to designate an authorized agent to submit certain requests on your behalf. For an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity according to the above method before processing the authorized agent’s request.

If we cannot successfully verify you according to the above methods, then we will not be able to comply with your request.

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YOUR NEVADA PRIVACY RIGHTS

Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt-out of the sale of certain information that the website operator may collect about them. CanvasPeople does not sell your personally identifiable information to third parties as defined in Nevada law, and will not do so without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us via the methods listed under “HOW TO CONTACT US” below.

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GEOGRAPHIC RESTRICTIONS

We may limit the availability of our Sites to any person or geographic area at any time.  If you access our Sites from outside the United States, you do so at your own risk.

 

IF YOU ARE A USER ACCESSING OUR SITES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF OUR SITES, YOU ARE TRANSMITTING YOUR PERSONAL DATA TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONALLY IDENTIFIABLE INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONALLY IDENTIFIABLE INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.

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HOW TO CONTACT US 

If you have any questions about this Privacy Policy, you can contact us at:
privacy@canvaspeople.com

CanvasPeople
22700 Savi Ranch Parkway
Yorba Linda, CA 92887
Attn: General Manager

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