Terms of Service
OVERVIEW
Welcome to Painted Memory. We provide our services to you, subject to the following Terms of Service ("Terms"), which may be updated by us from time to time without notice to you. By accessing and using any part of paintedmemory.co, you accept and agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the website or use any services.
SECTION 1 - ONLINE STORE TERMS
By using this site, you represent that you are at least the age of majority in Illinois, USA, and you have given us your consent to allow any of your minor dependents to use this site. You must not use our products for any unauthorized purposes, nor may you violate any laws in your jurisdiction.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree that your content may be transferred unencrypted and subject to changes to meet the technical requirements of connecting networks.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We strive for accuracy but cannot guarantee the timeliness or completeness of the information on our site. You agree to verify the relevance and accuracy of our content before reliance.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices and services are subject to change. We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
We endeavor to accurately display our products, but cannot guarantee that your monitor's display will be accurate. We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us and may limit or cancel quantities purchased per person, per household, or per order.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor control. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party websites that are not affiliated with us. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
We may use, reproduce, publish, and display the comments you forward to us in any medium. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.
SECTION 12 - PROHIBITED USES
Use of the site for any unauthorized purpose, including intellectual property infringement, is strictly prohibited.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Our service is provided "as is" without any warranty or condition. Our liability is limited to the greatest extent permitted by Illinois law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless Painted Memory and our directors, officers, employees, and affiliates from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms.
SECTION 15 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 17 - ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us constitute the entire agreement and understanding between you and Painted Memory.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Illinois, USA.
SECTION 19 - CHANGES TO TERMS OF SERVICE
Any new features or tools added to the current store shall also be subject to the Terms of Service.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at help@paintedmemory.co.
SECTION 21 - USE OF THIRD-PARTY SERVICES
We may offer the option to utilize Lyrebird Studio's app for generating cartoon version images. By opting to use this service, you agree to the processing of your images by Lyrebird Studio in accordance with their Terms of Service.
SECTION 22 - COPYRIGHT AND INTELLECTUAL PROPERTY OF GENERATED IMAGES
The images generated are for personal use unless otherwise agreed upon in writing by us and Lyrebird Studio.
SECTION 23 - CONSENT TO IMAGE PROCESSING
By using our service to generate cartoon version images, you warrant that you have obtained all necessary consents and agree to abide by the terms provided by Lyrebird Studio.
SECTION 24 - INTELLECTUAL PROPERTY RIGHTS OF USER CONTENT
All original content submitted by users, including images, text, and any other materials, remains the intellectual property of the respective user. By submitting content to our website, users grant Painted-memory a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, and display such content solely for the purpose of providing and promoting the service specified on this website. Users affirm they hold the necessary rights and permissions for all content they submit.
SECTION 25 - LICENSE TO USE CUSTOMER IMAGES
By uploading images to our platform, users grant Painted-memory and its partners, including Lyrebird Studio, a license to modify, transform, and create derivative works such as cartoonized versions of said images. This license is for the sole purpose of fulfilling the service and will not be used for any other reason without explicit consent from the user.
SECTION 26 - LIABILITY FOR THIRD-PARTY SERVICES
Painted-memory facilitates the processing of images through Lyrebird Studio's service. While we take measures to select reliable third-party services, Painted-memory is not liable for the performance, outcomes, or any direct or indirect consequences arising from the use of Lyrebird Studio's services.
SECTION 27 - DATA PROTECTION AND PRIVACY
We are committed to protecting the privacy and security of our users' data. All personal information and submitted images are processed in accordance with our Privacy Policy and relevant data protection laws. Users consent to the collection, processing, and storage of their data as outlined in our Privacy Policy.
SECTION 28 - CUSTOMER CONSENT FOR IMAGE PROCESSING
By using our service, users consent to the processing of their images by Lyrebird Studio and acknowledge that they have read and agreed to Lyrebird Studio's Terms of Service. Users warrant they have the right to grant this consent and that the use of these images does not infringe on the rights of any third party.
SECTION 29 - CHANGES TO THIRD-PARTY TERMS
Should Lyrebird Studio's Terms of Service change, Painted-memory will endeavor to notify users of these changes. However, users are responsible for reading and understanding the terms of any third-party service used in conjunction with our platform.
SECTION 30 - DISCLAIMER FOR ARTISTIC REPRESENTATIONS
Artistic representations such as cartoonized images are subjective. Painted-memory does not guarantee that the transformed content will meet every user’s personal expectations or interpretations of likeness or artistic style.
SECTION 31 - REFUND AND CANCELLATION POLICY FOR THIRD-PARTY SERVICE FAILURES
In the event of a failure or unsatisfactory performance by Lyrebird Studio's service, users may be entitled to a refund or cancellation in accordance with our Refund Policy. The specific terms and conditions of the Refund Policy are available on our website.
SECTION 32 - DISPUTE RESOLUTION
Disputes arising from the use of Painted-memory’s service, including those related to third-party services, will first seek resolution through direct negotiation and mediation. If the dispute cannot be resolved through these means, it may be submitted to binding arbitration in accordance with the rules of the jurisdiction stated in Section 18.
SECTION 33 - CONTACT AND NOTIFICATION PROCEDURES
For any concerns or questions regarding the use of third-party services, users may contact us at [insert contact method]. Notifications regarding changes to the third-party Terms of Service will be communicated through the user’s registered email or via announcement on our platform.
SECTION 34 - GOVERNING LAW FOR THIRD-PARTY INTERACTIONS
The use of third-party services through the Painted-memory platform and any disputes arising from their use will be governed by the laws of the jurisdiction of the user as determined by their place of residence.
SECTION 35 - REFUND POLICY
Our refund policy is as detailed on our website here. We adhere to a strict refund policy, and customers must comply with the guidelines stated therein to be eligible for a refund.