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.
User may be required to create your own User Account. Your User Account will be used by You to create a username and password; check out, place orders, and make and process payments; and view orders and purchases.
NO OTHER PERSONS (INCLUDING EMPLOYEES, CO-WORKERS OR INDEPENDENT CONTRACTORS) MAY ACCESS YOUR USER ACCOUNT.
You agree to provide true, accurate and complete information relating to your User Account, including but not limited to information regarding your name, date of birth, billing and shipment addresses, credit card, debit card, or any other information regarding banking and payment information. You warrant and represent that the information relating to your User Account is true and correct, and complete.
User is solely responsible for updating banking, credit card, debit card or any other information regarding payments or payment processing, email or contact information. User must ensure that any such information is current and up to date at all times.
PlaceArt's contributors have granted PlaceArt all necessary rights in and to the Content as set forth in this Agreement.
PLACEART MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION ABOVE.
SUBJECT TO THOSE REPRESENTATIONS OR WARRANTIES EXPRESSLY MADE BY PLACEART IN THE “WARRANTIES AND REPRESENTATIONS” SECTION ABOVE, ALL SERVICES, INFORMATION, PRODUCTS SOLD OR PROVIDED TO USER THROUGH THE WEBSITE ARE SOLD OR PROVIDED “AS IS” AND “WHEN AVAILABLE,” WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL PLACEART BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO A BREACH OF THIS AGREEMENT, USE OF THE WEBSITE, USE OF THE ONLINE APPLICATION PROCESS, YOUR USER ACCOUNT, OR THE USE OR PURCHASE OF THOSE SERVICES, PRODUCTS, OR INFORMATION PROVIDED BY THIS WEBSITE.
PlaceArt shall not be considered in default in the performance of its obligations herewith, if such performance is prevented or delayed because of any circumstances beyond the absolute control of PlaceArt (or “Force Majeure”), which shall include, but not be limited to Acts of God, earthquakes, all labor disputes, civil commotion, civil disorder, riot, civil disturbance, insurrection, war, war-like operations, national or local emergency, acts of omission or in action by government authorities, rebellion, hostilities, military or usurped power, sabotage, governmental regulations, orders, moratoriums, or controls, fire, accident or other casualty, inability to obtain any material services or financing, government action or other cause beyond the reasonable control of PlaceArt. PlaceArt shall be relieved of any and all liability if unable to meet the responsibilities and obligation of PlaceArt as provided in this Agreement because of such “Force Majeure.”
PlaceArt reserves the right to take any action that PlaceArt deems in its sole and absolute discretion reasonably necessary or appropriate to enforce and/or verify your compliance with any part of this Agreement and to cooperate with any legal process relating to your use of the Website or Services, and/or to investigate a third party claim that your use of the Website is unlawful and/or infringes such third party's rights.
PlaceArt reserves the right to reject and refuse to accept any information You provide, and to delete, remove or edit any information You provide any time, for any reason, in PlaceArt’s sole and absolute discretion and without prior notice or liability. PlaceArt reserves the right, in its sole and absolute discretion, to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. You agree that PlaceArt may store and use the information You provide for PlaceArt’s use in maintaining you’re User Account for record keeping and administrative purposes that include, but are not limited to monitoring or enforcing its rights under this Agreement, monitoring Licensing requirements, or processing future payments.
PlaceArt reserves the right to change scope, time, content or duration of any of the Services before User completes the Online Application Process or a purchase is finalized.
This Agreement is made and accepted and shall be construed, interpreted and enforced in accordance with the laws of the state of Florida, without giving effect to principles of conflict of laws. All disputes hereunder shall solely be resolved in the applicable state or federal courts of in Miami-Dade County, Florida. The Parties consent to the jurisdiction of such courts, and waive any jurisdictional or venue defenses otherwise available.
The Website and the Online Application Process is controlled and operated in whole or in part by PlaceArt in the United States. PlaceArt makes no representation that the content in the Website is appropriate or available for use in other locations, and access to it from territories where the content may be illegal is prohibited.
User’s use of the Website may be subject to other local, state, national, or international laws. User agrees to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to User’s use of the Website. User acknowledges that his or her use of the Website will not violate any such laws, statutes, ordinances, or regulations that apply in his or her jurisdiction.
You will indemnify and hold PlaceArt, its officers, employees, shareholders, directors, managers, members, representatives, agents and subcontractors, harmless from and against any and all liability, liens, claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions and causes of action of any kind (including reasonable attorneys' fees) , arising from any use of the Content other than the uses expressly permitted by this Agreement. You further agree to indemnify PlaceArt for all costs and expenses that PlaceArt incurs in the event that you breach any of the terms of this Agreement.
You agree and consent to receive all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that PlaceArt provides in connection with your use of the Website, your User Account, or any purchases made through the Website by posting them on the PlaceArt Website or by email at the primary email address on file in your User Account. Communications include agreements and policies you agree to, updates to the Agreements or policies, account statements, tax statements, and any other information relating to your User Account, your purchases, or your use of the Website.
In order to access and retain electronic Communications, you will need a computer or mobile device with an Internet connection, a web browser; and a valid email address (your email address with PlaceArt in your User Account). By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records.
It is your responsibility to keep your primary email address up to date so that PlaceArt can communicate with you electronically. You understand and agree that if PlaceArt sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive or open electronic Communications, PlaceArt will be deemed to have provided the Communication to you. You can update your primary email address or street address at any time by updating the information in your User Account.
If your User Account is not active, has been deleted or removed, you must notify PlaceArt if you wish to receive future Communications to your email or to a physical address by providing PlaceArt with your updated contact information. Any notice to PlaceArt shall delivered to PlaceArt by email to [email protected]
This Agreement shall be binding on, and shall inure to the benefit of, each of the Parties and their respective past, present and future, successors, subsidiaries, affiliates, officers, directors, employees, insurers, agents, representatives and permitted assigns.
Any electronic signatures, or consents given by electronic submissions, shall be deemed and accepted as original signatures.
This writing is an integrated Agreement and represents the entire understanding of the Parties relative to the subject matter described herein. No prior or contemporaneous agreements, whether written or oral, shall be enforceable if they materially alter, vary, or add to the terms of this Agreement.
Each provision of this Agreement shall be interpreted in such a manner as to be valid, legal and enforceable. A determination that any provision of this Agreement is for any reason invalid, illegal, or unenforceable shall not affect the validity of this Agreement and any other provisions herein, and this Agreement shall be interpreted and construed as if such invalid, illegal, or unenforceable provisions were not contained herein. If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.
Either Party's failure to insist, in any one or more instances, upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any of its rights or obligations under this Agreement.
Customer may not assign, resell, or transfer to any other person or the rights allowed or obligations required by this Agreement. PlaceArt , however, reserves the right to sell, assign or transfer any right or obligation under this Agreement.
User acknowledges that it has read and understood the contents of this Agreement (which includes this Agreement, the Website, and the “Online Application Process,” and all consents, permission, grants, authorizations and information provided therein), and warrants and represents that all the consents, permissions, grants, authorizations, and/or any other statements or representations given herein, have been voluntarily made by User and are true and correct. No oral representations, statements or inducements, apart from this Agreement have been made by User. By completing the Online Application Process, User agrees to provide, and does hereby provide, all the consents, permissions, grants, authorizations, statements and/or representations made herein, electronically. User acknowledges that Artist’s consents and electronic submissions provided through the Website and the Online Application Process will have the same legal force and effect as if given by written instrument and signed by User with a handwritten signature. The User acknowledges that his or her information, as provided through the Online Application Process, will be stored electronically, and Artist consents to having his or her information stored electronically.
User agrees to pay for any all Services provided through the Website using User’s User Account information, and your grant PlaceArt permission to debit your account and process payments using the information in your User Account.
You must be over the age of 18 to use this Website and to complete the Online Application Process and purchase.
IF YOU OBJECT TO ANY TERMS OF THIS AGREEMENT OR ANYTHING IN THIS WEBSITE, DO NOT USE THE WEBSITE, AND YOU MUST IMMEDIATELY CEASE FROM COMPLETING YOUR ONLINE APPLICATION PROCESS.