Website Policies and Terms of Service
Our policy lasts 15 days. If 15 days have gone by since delivery of your purchase, unfortunately, we can’t offer you a refund or exchange.
(The very best thing to do is to speak with us. Portraits of Elegance is not here to just take your money and run. We want you to be happy with your purchase. Each customer is valued and a solution is available. All it takes is a conversation.)
To be eligible for an exchange or store credit, your item must be unused and in the same condition that you received it. It must also be in the original packaging and have the original shipping label on the shipping envelope or container. You must have an approved RMA# before returning any items. If an item is sent to us without a preapproved #RMA, your item will not be accepted.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:
Downloadable software products
Some intimate or personal care items
To complete your return for exchange or store credit, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
If purchasing a "Promotional Sale", "Custom Made" or "Wholesale items", there are no returns, refunds or exchanges.
Any item not in its original condition or is damaged or missing parts for reasons not due to our error will not be eligible for a refund, return or exchange.
Any item that is returned more than 15 days after delivery will not be accepted.
Store Credit (if applicable)
Once your return is received, inspected and approved, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund, exchange or store credit.
If you are approved, store credit will be sent to you via email and can be applied to your next purchase.
If you have any questions, please contact us and you will hear back from us within 24-48 hours.
Sale items (if applicable)
Only regular priced items may be returned for exchange or store credit with an approved RMA#. Unfortunately, promotional sale items cannot. Contact us immediately and we will discuss the issue to find a suitable resolution to the issue.
Exchanges (if applicable)
We only replace items if they are defective or damaged from the manufacturer. If you need to exchange the item for a different size due to the manufacturer listed sizing not being correct, email us at firstname.lastname@example.org with the sizing issue, copy of your purchase receipt and we will proceed from there with information pertaining to each individual case.
To return your product after contacting us for an approved RMA#, you should mail your product(s) to Portraits of Elegance Fine Arts® - Fashion®, Attention: Debora Nash, PO BOX 56, Bethpage TN 37022, United States or to the address that will be given to you in the return information with the approved RMA#.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
Depending on where you live, the time it may take for your exchanged product to reach you or us may vary.
If you are shipping an item valued over $50, you must use a traceable shipping service and purchase shipping insurance. We don’t guarantee that we will receive your returned item.
Portraits of Elegance Fine Arts® / Fashion® reserves the right to amend the policy terms without prior notice.
Portraits of Elegance Fine Arts® / Fashion® ("us", "we", or "our") operates the Portraits of Elegance.com website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the Portraits of Elegance.com website operated by Portraits of Elegance Fine Arts® / Fashion®
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User) Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally, identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Portraits of Elegance Fine Arts® / Fashion® uses the collected data for various purposes:
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Portraits of Elegance Fine Arts® / Fashion® may process your Personal Data because:
We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it's not overridden by your rights
For payment processing purposes
To comply with the law
Retention of Data
Portraits of Elegance Fine Arts® / Fashion® will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
Disclosure Of Data
Disclosure for Law Enforcement
Under certain circumstances, Portraits of Elegance Fine Arts® / Fashion® may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Portraits of Elegance Fine Arts® / Fashion® may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Portraits of Elegance Fine Arts® / Fashion®
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
"Do Not Track" Signals
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Portraits of Elegance Fine Arts® / Fashion® aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Portraits of Elegance Fine Arts® / Fashion® relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
PayPal, Google Pay, Amazon Pay, Shopify Pay, and other verified payment companies
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
By email: email@example.com
Restrictions on Use of Materials
Materials on this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by the US and International Copyright Laws, and may not be copied, reprinted, published, re-engineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of Portraits of Elegance.com or of other owners used with their permission.
Database Ownership, License, and Use
Portraits of Elegance.com warrants, and you accept, that Portraits of Elegance.com is the owner of the copyright of the Databases of Links to articles and resources available from time to time through portraitsofelegance.com. Portraits of Elegance.com and its contributors' reserve all rights and no intellectual property rights are conferred by this agreement.
Portraits of Elegance.com grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from Portraits of Elegance.com's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.
The materials in this site are provided "as is" and without warranties of any kind either express or implied. Portraits of Elegance.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Portraits of Elegance.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Portraits of Elegance.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Portraits of Elegance.com assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall Portraits of Elegance.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Portraits of Elegance.com or a Portraits of Elegance.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the above limitation or exclusion may not apply to you. In no event shall Portraits of Elegance.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Portraits of Elegance.com and such information should not be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Portraits of Elegance.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by Portraits of Elegance.com or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Portraits of Elegance.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords, and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Portraits of Elegance.com, and all information to which you have access through password-protected areas of Portraits of Elegance.com's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Other Legal Stuff
To the extent you have in any manner violated or threatened to violate Portraits of Elegance.com and/or its affiliates' intellectual property rights, Portraits of Elegance.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee, United States, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Sumner County, Tennessee, US. Any costs and fees other than attorney fees associated with the mediation will be the full responsibility of the client (you).
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Sumner County Tennessee Courthouse, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
BEFORE YOU CLICK ON THE "I AGREE" CHECK-BOX PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY CLICKING ON THE "I AGREE" CHECK BOX YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
The Web site located at portraitsofelegance.com ("Site") is provided by Portraits of Elegance.com. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "Portraits of Elegance.com," "we," "us'" or "our" refers to Portraits of Elegance.com, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by Portraits of Elegance.com.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with Portraits of Elegance.com's username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions were made by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, please contact us at: firstname.lastname@example.org.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our site. Your subscription will continue and renew automatically unless terminated by Portraits of Elegance.com or until you notify Portraits of Elegance.com by email or as designated on the Site of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to Portraits of Elegance.com, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. Portraits of Elegance.com may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your Portraits of Elegance.com username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to Portraits of Elegance.com. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may email us at email@example.com. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third-party services. YOU, AND NOT Portraits of Elegance.com, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WAS NOT AUTHORIZED BY YOU.
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through Portraits of Elegance.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Portraits of Elegance.com nor its affiliates, nor any of their officers, directors, employees, or agents. You acknowledge that Portraits of Elegance.com does not pre-screen all content, but that Portraits of Elegance.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, Portraits of Elegance.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that Portraits of Elegance.com is not responsible for any content sent using and/or included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of Portraits of Elegance.com (or material that other suppliers have licensed to Portraits of Elegance.com for their use) which is protected by copyright and other laws respecting proprietary rights. Portraits of Elegance.com retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use Portraits of Elegance.com except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
End users who are duly authorized may Access Portraits of Elegance.com for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference, and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Portraits of Elegance.com. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause Portraits of Elegance.com and/or Portraits of Elegance.com's suppliers' irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Portraits of Elegance.com, and/or any of Portraits of Elegance.com's suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Portraits of Elegance.com; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Portraits of Elegance.com.
If you breach any provision of this Agreement, Portraits of Elegance.com may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler, and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. Portraits of Elegance.com can detect the use of these systems through live log file analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check Portraits of Elegance.com links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than through the interface that is provided by Portraits of Elegance.com, or attempts or access any area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by Portraits of Elegance.com. While we use commercially reasonable efforts to provide accurate information, Portraits of Elegance.com gives no warranty as to the accuracy of the database and other content on the Site. Portraits of Elegance.com reserves the right to withdraw or delete information or content from the Site at any time.
8. Links to Third Party Sites
Portraits of Elegance.com does not endorse the content on any third-party Web site, including Web sites of Portraits of Elegance.com's affiliates ("Third-Party Sites"). Portraits of Elegance.com is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that Portraits of Elegance.com is not your agent and is not a party to any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to Portraits of Elegance.com that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY Portraits of Elegance.com AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND Portraits of Elegance.com AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Portraits of Elegance.com DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL Portraits of Elegance.com OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF Portraits of Elegance.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL Portraits of Elegance.com OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Portraits of Elegance.com FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
You agree to indemnify and hold us harmless and pay our attorney's fees and costs if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Portraits of Elegance.com.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
Portraits of Elegance.com may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that Portraits of Elegance.com, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Portraits of Elegance.com. Portraits of Elegance.com may also elect not to renew your subscription and access by providing a notice of non-renewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of Portraits of Elegance.com in a non-electronic record, and any assignment without Portraits of Elegance.com's consent will be voidable at Portraits of Elegance.com's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Tennessee, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate Portraits of Elegance.com and/or its affiliates' intellectual property rights, Portraits of Elegance.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Sumner County Tennessee, US. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Sumner County Tennessee Courthouse, US, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Portraits of Elegance.com may change the provisions of this Agreement. When Portraits of Elegance.com changes the terms of this Agreement, Portraits of Elegance.com will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Portraits of Elegance.com except in signed, non-electronic writing signed by an authorized representative of Portraits of Elegance.com.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Portraits of Elegance.com or its affiliates as a result of this Agreement or your use of the Site.
This Subscriber Agreement Was Produced Using AutoWebLaw
Since some of the listed items are coming from the manufacturer direct, shipping times will vary from each manufacturer and cannot specify an exact shipping time frame. Please allow time for the product to deliver if it is from one of the outside manufacturers.
Items that are handmade here at Portraits of Elegance Fine Arts® and Portraits of Elegance Fashion® in house shop, those items will be shipped as soon as they are created or if they are in stock, they will be shipped out immediately with a tracking number.
You will be informed at the time of shipping of approximate delivery time or if the item(s) are available for immediate shipping, you will receive shipping information and tracking number. All in house stock items are shipped USPS Priority Mail and for high-end items, insurance is also included.
If you have any questions, please ask.
Debora Nash, Owner / Fine Arts Artist
Portraits of Elegance Fine Arts®
Portraits of Elegance Fashion®