TERMS OF SERVICE

Please read these terms of service very carefully before ordering and purchasing a painting from the Oil Paintings on Demand, LLC. These terms of service are effective as of August 1, 2008 and govern you accessing the Oil Paintings on Demand web site and ordering any picture, poster, photograph or other material ("Material") as an authentic oil painting or giclee Print using Oilpaintingsondemand.com and its affiliate’s web sites. This agreement between you ("you") and Oil Paintings on Demand, LLC. is subject to change by us as described below.

1. This web site ("Site") is owned and operated by Oil Paintings on Demand, LLC (referred to as “Oil Paintings on Demand” herein). The Site and its content ("Content") and the painting service ("Service") Oil Paintings on Demand provides may only be accessed and used in accordance with this Agreement.

2. You agree not to violate the copyrights of any third party through your use of the Service or providing material in connection with the Painting. You shall not modify, remove or block any copyright notice, proprietary legend, trademark, service mark, patent marking or other indicia of ownership on the material provided in connection with the Painting. You are solely responsible for your actions and omissions under this Agreement. Oil Paintings on Demand is not responsible for the Service or the Paintings provided to you.

3. You acknowledge and agree that Oil Paintings on Demand may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Oil Paintings on Demand’s sole discretion, without prior notice to you. You may stop using the Services at any time. You acknowledge and agree that if Oil Paintings on Demand disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials, which are contained in your account.

4. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Oil Paintings on Demand, unless you have been specifically allowed to do so in a separate agreement with Oil Paintings on Demand. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you are solely responsible for (and that Oil Paintings on Demand has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Oil Paintings on Demand may suffer) of any such breach.

5. Oil Paintings on Demand reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials do not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.

6. While Oil Paintings on Demand uses reasonable efforts to include accurate and up-to-date information on the Site, Oil Paintings on Demand makes no warranties or representations as to its accuracy. Oil Paintings on Demand assumes no liability or responsibility for any errors or representations in the Content or this Site.

7. Any violation of the copyright laws in the Content or these terms and conditions may be enforced by Oil Paintings on Demand or the copyright owner to the fullest extent allowed by law. Furthermore, you acknowledge and agree that any violation of copyrighted material may be enforced by the copyright owner to the fullest extent allowed by law. Furthermore, you represent and warrant that your use of the Material in connection with the Painting or Print complies with all laws including, but not limited to, United States and international copyright law. You understand and acknowledge that copying Material without permission is copyright infringement. Oil Paintings on Demand does not support, approve of, or condone copyright infringement or your use of the Material that violates the copyright of a third party. Copyright infringement is illegal and you shall be fully responsible and shall hold Oil Paintings on Demand harmless from such violation. The unauthorized reproduction or distribution of copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.

8. Oil Paintings on Demand respects the intellectual property rights of others and Oil Paintings on Demand will not be held responsible for your decision to commit copyright infringement. Oil Paintings on Demand will not be held responsible for uploaded, posted, or otherwise transmitted copyrighted material to the Site. Oil Paintings on Demand will not be held responsible for a customer who chooses to break the law and to have a reproduction of any copyrighted material used to create a Painting.

9. If you believe that your own copyrighted work is accessible on the Site or Service in violation of your copyright, you may email Oil Paintings on Demand at info@PostersAreStupid.com and inform Oil Paintings on Demand that copyrighted material as been reproduced.

  • a. Identify in sufficient detail, the copyrighted work or intellectual property that you claim has been infringed so that Oil Paintings on Demand can locate the Material.
  • b. Identify the specific URL or Service that contains the material that you claim infringes your copyright described in (a) above. You must provide Oil Paintings on Demand with reasonably sufficient information to locate the alleged infringing material.
  • c. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
  • d. Include a statement by you that you have sufficient evidence that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • e. Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
  • f. Include your name, mailing address, telephone number, and email address.

Upon receiving a proper notification of alleged copyright infringement, Oil Paintings on Demand will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. Oil Paintings on Demand will advise the alleged infringer of the DMCA statutory counter notification procedure described below by which the alleged infringer may respond to your claim and request that Oil Paintings on Demand restore this material.

If you believe your own copyrighted material has been removed from the Site or Service as a result of mistake or misidentification, you may submit a written counter notification to Oil Paintings on Demand. To be an effective counter notification, your counter notification must include the following:

  • a. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
  • b. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which Oil Paintings on Demand may be found.
  • c. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent.
  • d. Your name, address and telephone number.
  • e. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • f. Your physical or electronic signature.
  • Regardless of the process used above, Oil Paintings on Demand may remove the copyrighted material from the Site.

    10. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Oil Paintings on Demand is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or web master for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.

    11. Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Oil Paintings on Demand shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Oil Paintings on Demand has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

    12. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, Oil Paintings on Demand shall own such content and material and you hereby assign any rights in such content and material to Oil Paintings on Demand. In the event ownership in the content or material cannot be granted to Oil Paintings on Demand, you grant Oil Paintings on Demand and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub licensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Oil Paintings on Demand, its affiliates, and sublicenses’ the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend and indemnify Oil Paintings on Demand and its affiliates from any claims resulting from any Materials, your use of the Service, any claim of copyright infringement or any other violation of a third party’s intellectual property rights.

    13. At your discretion, you may provide feedback to Oil Paintings on Demand concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Oil Paintings on Demand. In the event ownership in the Feedback cannot be granted to Oil Paintings on Demand, you grant Oil Paintings on Demand at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Oil Paintings on Demand may disclose that Feedback to any third party in any manner and you agree that Oil Paintings on Demand has the ability to sublicense all Feedback in any form to any third party without restriction.

    14. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Oil Paintings on Demand may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

    15. You shall not transmit to Oil Paintings on Demand or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancel bots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

    16. You may not use your username and password for any unauthorized purpose. Furthermore, you may not share your username or password with others.

    17. Oil Paintings on Demand may retain and use, information collected in your use of the Service, provided such information does not individually identify you.

    18. Oil Paintings on Demand may terminate your access to our Site or the Service for any reason at any time.

    19. Oil Paintings on Demand reserve the right, at its sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by these or any future agreement, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes.

    20. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site. NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN AUSTIN, TEXAS. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.

    21. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Oil Paintings on Demand's proprietary rights in them.

    22. You agree to indemnify and hold Oil Paintings on Demand, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Material, content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

    23. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Oil Paintings on Demand SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. Oil Paintings on Demand MAKES NO GUARANTEES AS TO THE RESULTS OF THE PAINTING, UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, Oil Paintings on Demand DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Oil Paintings on Demand IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

    24. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Oil Paintings on Demand OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF Oil Paintings on Demand HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Oil Paintings on Demand’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE FEE PAID HEREUNDER FOR THE SERVICE OR $100, EVEN IF Oil Paintings on Demand HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO Oil Paintings on Demand FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM Oil Paintings on Demand, REGARDLESS OF THE CAUSE OF ACTION. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    25. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

    26. Gift cards cannot be exchanged for cash.

    Quality

    PostersAreStupid.com is committed to quality products and your satisfaction is 100% guaranteed! 

If for any reason you are not completely satisfied with your purchase, you may return it within 10 days of receipt and receive a 50% refund for the price of the product. Shipping charges will not be refunded. 

To return your item(s) please pack them in the original tube or box and include the completed Return Instructions form which you will find on the back of the Packing List included with your order. Be sure to specify the reason for the return, and what action you would like us to take: Replacement or Refund.

    Initial 50% payment is non-refundable.

    See also Privacy Policy