Terms of service
Overview
This website is operated by Easel & Ears ("we", "us", "our"). By visiting easelandears.com or placing an order, you agree to these Terms of Service, including our refund policy, shipping policy and privacy policy, which are part of these terms. If you don't agree, please don't use the site or place an order.
Our store is hosted on Shopify, which provides the platform we use to sell our products to you.
1. Using our store
You must be at least 18, or the age of majority where you live, to place an order. You agree not to use our site for any unlawful purpose, and not to interfere with its security or operation. We may refuse service to anyone, for any reason, at any time.
2. Custom orders and proofs
Each portrait is a custom artwork created from the photo or photos you upload. Before printing, we email you a digital proof. Approving the proof confirms that the artwork, spelling, size and frame color are correct and authorizes us to print. After approval, we can't make changes, and we aren't responsible for errors that were visible in the approved proof.
3. Artistic interpretation
Portraits are artistic interpretations in the style you choose, not exact photographic copies. Backgrounds, lighting, colors and composition may be adapted to suit the style. Screens display colors differently, so the printed canvas may vary slightly from what you see on your device. Frames are made from natural materials, and small variations in grain and finish are normal.
4. Your photos and content
By uploading a photo or other content, you confirm that you took it or have permission to use it, and that it doesn't infringe anyone's copyright, trademark, privacy or other rights. You keep all rights to your original photos. You grant us a limited license to use them only to create, proof, print, ship and support your order.
We may refuse any photo or request that we consider offensive, unlawful, or infringing, including copyrighted characters, logos or celebrity likenesses, and refund the order.
5. How we handle your photos
- Who sees them: our artists, and our print production partner, who receives only the finished artwork needed to print your canvas.
- Where they're stored: with your order in our Shopify store.
- How long we keep them: up to 12 months after delivery, so we can reprint your portrait if needed. Ask us at any time and we'll delete them sooner.
- Public use: we never post your photos or portrait on our website, social media or ads without your written permission.
- AI tools: we may use digital and AI-assisted tools when creating your artwork. Your photos aren't sold, and aren't used to train third-party AI models.
6. Ownership of the artwork
The printed portrait you buy is yours to keep, display and give as a gift. Easel & Ears keeps the copyright in the artwork we create. You may share photos of your portrait on social media for personal use, but you may not resell it, reproduce it or use it commercially without our written permission.
7. Prices, payment and errors
Prices are in US dollars and can change without notice, but changes don't affect orders already placed. The base price covers one person and one pet; each additional person or pet costs extra, as shown before checkout. Occasionally the site may contain errors in pricing, descriptions or availability. We may correct them and cancel any order affected by an error, with a full refund, even after the order is placed.
You agree to provide current, complete and accurate billing and shipping information. We may limit or cancel orders that appear to be placed by resellers or that look fraudulent.
8. Promotions
Discount codes and promotions are subject to their stated conditions. Only one code can be used per order, codes can't be combined or applied after an order is placed, and we may change or end a promotion at any time.
9. Feedback and reviews
If you send us comments, reviews or suggestions, you agree that we may use them without restriction or payment. We'll only use your name, photos or portrait alongside a review with your permission.
10. Third-party services
Our site may link to or use third-party services such as payment processors and shipping carriers. We aren't responsible for their content, policies or actions.
11. Disclaimer of warranties
Except as stated in our refund policy, our site and products are provided "as is" and "as available". To the fullest extent allowed by law, we disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose. We don't guarantee that the site will be uninterrupted or error-free.
12. Limitation of liability
To the fullest extent allowed by law, Easel & Ears and its owners, staff and partners aren't liable for any indirect, incidental, special or consequential damages arising from your use of the site or products. Our total liability for any claim related to an order is limited to the amount you paid for that order.
13. Indemnification
You agree to defend and hold harmless Easel & Ears and its owners, staff and partners from any claims, damages or costs, including reasonable attorneys' fees, that arise from your breach of these terms, or from photos or content you upload that infringe someone else's rights.
14. Severability and entire agreement
If any part of these terms is found unenforceable, the rest stays in effect. These terms, together with our policies, are the entire agreement between you and us about your use of the site and your orders. If we don't enforce a right, we haven't waived it.
15. Termination
These terms apply until ended by you or us. You can end them by no longer using the site. We may end them, or your access to the site, at any time if we believe you've broken them. Obligations from orders already placed survive termination.
16. Governing law and disputes
These terms are governed by the laws of the State of California, USA. Any dispute will be handled in the state or federal courts located in Los Angeles County, California. Please contact us first. Most issues can be resolved quickly by email.
17. Changes to these terms
We may update these terms at any time by posting the new version on this page. The version in effect when you place an order applies to that order. Continuing to use the site after changes means you accept them.
18. Contact
Easel & Ears
263 W. Olive Ave. #249
Burbank, CA 91502
easelandears@gmail.com