This is a legal agreement (the “Agreement”) between you, or the “User,” and Big Motion Studio, LLC, a Florida limited liability company, d/b/a “PLACEART”, with its principal office located at 1680 W. 33RD Place, Hialeah, FL 33012 (also referred to as PlaceArt). “You” or “Your” shall also shall refer to the User. “User” or “You” shall also refer, if applicable, to the employer or other entity on whose behalf You are entering into this Agreement. User and PlaceArt may also each be referred to as a “Party,” and together as the “Parties.”
PlaceArt owns and operates this website, or placeart.app, related mobile applications, and platforms (collectively, the “Website”). This Agreement states the terms and conditions that govern User’s use of this Website.
This Agreement shall incorporate and include all information provided by You, as the User, to PlaceArt through the Website, and through third-party applications used by the Website to obtain User name, address, email and other information; view customer orders; obtain payment and billing information from User; check-out and process payments (together, the “Online Application Process”). For certain types of features available through the Website, including the Online Application Process, we require the use of technologies to obtain information, to capture your photos, create usernames and passwords, and create a user account ( your "User Account"), and You agree that we may do so. This Agreement shall therefore incorporate all information and content provided by You through the Website and the Online Application Process, including your name, email and address; and any consents, acknowledgements or any other information provided by User through the Online Application Process. This Agreement, which includes the Online Application Process, shall constitute and shall be part of one agreement between User and PlaceArt .
This Agreement is subject to changes, updates and additional terms, rules and policies, which are effective upon posting on the Website. You agree to be bound to any changes to this Agreement when You use this Website.
The Website offers services to User that allows User to view Content; upload User Generated Content; under the terms described below; and order Printing Services (together, the “Services”).
You may order a printed copy of any Image (the “Printed Image”) that You select, according to the specifications available on our Website (the "Printing Services"). Any Printed Image we provide to You is under and subject to the same License granted to You herein when you select or download such Image.
User understands that Printing Services may be purchased from PlaceArt with supplies and materials in back-order, and PlaceArt shall have no obligation to notify User of same. PlaceArt does not guarantee availability or the date of delivery of any Printed Image ordered by User. Shipment and freight costs, including courier and delivery fees, are not included in the Printing Services fees.
If you're not happy with a purchase that you made on our Site, for any reason, you can return it to us within 7 days of the delivery date. As soon as it arrives, we'll issue a full refund for the entire purchase price. Please note we do not reimburse the outgoing or return shipping charges
The Website may allow you to upload, transfer, or capture your own photos, images, videos, graphics, vector illustrations, and other materials, (collectively as "User Generated Content”). User hereby grants to PlaceArt a royalty-free, worldwide, transferable, non-exclusive, sublicensable, right to use such User Generated Content as PlaceArt may deem necessary, as it pertains to the use of the Website, the Services provided by PlaceArt through the Website, or for promotional or marketing purposes.
You are and shall remain solely responsible for the content of any User Generated Content you make. PlaceArt shall not be responsible and assumes no liability for any User Generated Content. You agree, warrant and represent that all User Generated Content shall be your own, that You own such content free and clear and without restriction, and that you have all legal rights and the authority to provide and upload such User Generated Content. You further agree, warrant, and represent that User Generated Content shall not, in any way, (i) depict or in any way be associated with any illegal goods or activities, or any sensitive subjects, including but not limited to matters of a sexual nature, substance abuse, acts of violence, or any other acts that are illegal in nature scandalous, obscene, or defamatory; (ii) violate or infringe on the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (iii) contain or transmit any virus, malware or any other harmful component.
All brand, product, and service names used on the Website which identify us or other third parties and their products are the proprietary marks of PlaceArt and/or the relevant third parties. Nothing in this Agreement shall be deemed to confer on any person any license or right on the part of PlaceArt or any third party with respect to any such image, logo, or name.
You shall not make any use of any PlaceArt trademarks, logos, or trade dress without our prior express and written approval.