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Terms of Use and Privacy Policy

This document outlines the Terms of Use and Privacy Policy of Masterpiece Images, LLC. (hereinafter referred to as "MPI"). By accessing or using MPI’s website (www.masterpiece-images.com, and/or orders.masterpiece-images.com), services, or content, you (“User”) agree to be bound by these Terms and consent to the data practices described herein.
These Terms of Use and Privacy Policy govern your use of our website and online stores as well as explain how MPI collects, uses, protects, and shares information obtained from users. Please read this document carefully. If you do not agree with any part of these terms, you should not use our services or access our website.

Welcome to orders.masterpiece-images.com, an e-commerce site, with the purpose of proofing and selling portraits, prints, specialty products and digital images. This site is comprised of various web pages and is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein (the “Terms”). By accessing our website, online stores (orders.masterpiece-images.com, and/or www.masterpiece-images.com ) and/or using our services, you agree to comply with and be bound by these Terms. If you do not agree, please discontinue use of the website and services. Please read these terms carefully and keep a copy of them for your reference.

Electronic Communication

Visiting orders.masterpiece-images.com, and/or www.masterpiece-images.com or sending emails to Masterpiece Images, LLC., MPI, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site satisfy any legal requirements that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MPI is not responsible for third party access to your account that results from misappropriation of your account. MPI and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content at our sole discretion.

Use of Services

MPI provides professional photography services for schools and educational programs, including individual portraits, class photos, and group pictures. These services are offered at the request of the school or educational organization for the benefit of enrolled students and their families.

Photographs taken by MPI are made available to parents or legal guardians through secure online galleries. Each gallery is protected by a unique link and/or password, which is shared only with the authorized parent(s) or guardian(s) of the photographed student(s).

By using MPI’s services and accessing photo galleries, you agree to the following terms:

All images and content are the property of MPI and protected by copyright and other intellectual property laws. Users are granted a limited, personal-use license for viewing and purchasing photos for non-commercial purposes. Any unauthorized reproduction, distribution, or commercial use is strictly prohibited. As a condition of your use of the Site, you warrant to MPI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MPI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MPI content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MPI and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MPI or our licensors except as expressly authorized by these Terms.

Photo Availability and Order Fulfillment

MPI will make photo galleries available through our online platform until a stated due date, which will be communicated via email, printed materials, or school notifications. After the due date, photos are typically archived and may remain accessible for at least six (6) months, but continued availability is not guaranteed.

In the event of data loss, system failure, or other unforeseen circumstances beyond MPI’s control that result in the loss or unavailability of images, MPI shall not be held liable for any resulting inconvenience, emotional distress, or missed opportunity.

In such cases, the sole remedy available to the user shall be a refund of any payment made for undelivered products or services. MPI is not responsible for any additional losses, incidental damages, or third-party claims related to such occurrences.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.masterpiece-images.com, orders.masterpiece-images.com and/or strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MPI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

International Users

The Service is controlled, operated and administered by MPI from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MPI Content accessed through orders.masterpiece-images.com, and/or www.masterpiece-images.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

MANDATORY ARBITRATION

IN THE EVENT THE PARTIES ARE NOT ABLE TO RESOLVE ANY DISPUTE BETWEEN THEM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR ANY PROVISIONS HEREOF, WHETHER IN CONTRACT, TORT, OR OTHERWISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF, THEN SUCH DISPUTE SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, OR A SIMILAR ARBITRATION SERVICE SELECTED BY THE PARTIES, IN A LOCATION MUTUALLY AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AWARD SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ANY COURT HAVING JURISDICTION. IN THE EVENT THAT ANY LEGAL OR EQUITABLE ACTION, PROCEEDING OR ARBITRATION ARISES OUT OF OR CONCERNS THESE TERMS AND CONDITIONS, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEY’S FEES. THE PARTIES AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS IN REGARDS TO THESE TERMS AND CONDITIONS OR ANY DISPUTES ARISING AS A RESULT OF THESE TERMS AND CONDITIONS, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING TORT CLAIMS THAT ARE A RESULT OF THESE TERMS AND CONDITIONS. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THE ENTIRE DISPUTE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION SHALL BE DETERMINED BY THE ARBITRATOR. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNITIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MPI agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MASTERPIECE IMAGES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MASTERPIECE IMAGES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MASTERPIECE IMAGES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MASTERPIECE IMAGES LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MASTERPIECE IMAGES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

MPI reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MPI as a result of this agreement or use of the Site. MPI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MPI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MPI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MPI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MPI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

MPI reserves the right, in its sole discretion, to change the Terms under which orders.masterpiece-images.com, and/or www.masterpiece-images.com is offered. The most current version of the Terms will supersede all previous versions. MPI encourages you to periodically review the Terms to stay informed of our updates.

Protecting your private information is our priority. This statement of Privacy applies to Masterpiece Images LLC, hereinafter referred to as “MPI”, www.masterpiece-images.com, and/or orders.masterpiece-images.com and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Masterpiece Images, LLC. or “MPI” include orders.masterpiece-images.com, and/or www.masterpiece-images.com. By using these websites, you consent to the data practices described in this statement.

Collection of your Personal Information

In order to better provide you with products and services offered on our Site, MPI may collect personally identifiable information, such as your:

If you purchase MPI’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We may also gather additional personal or non-personal information in the future.

Use of your Personal Information

MPI collects and uses your personal information to operate its website(s) and deliver the services you have requested. MPI may also use your personally identifiable information, such as your email address, to inform you of other products or services available from MPI and its affiliates. We may use your information to schedule and conduct photo sessions, deliver photo proofs and final products, process orders and payments, communicate with you regarding orders or services, and improve our services and customer experience.

We use analytics tools to understand how visitors navigate our site, view galleries, or interact with products. This information helps us improve our website functionality and better tailor our services. These tools may use cookies or session tracking technologies to collect anonymous or identifiable data depending on your actions on the site.

Sharing Information with Third Parties

MPI may share data with trusted partners solely to support our operations, such as processing payments, fulfilling orders, coordinating with your child’s school for scheduling and delivery, or providing customer support. All such third parties are prohibited from using your personal information except to provide these services to MPI, and they are required to maintain the confidentiality of your information.

MPI may also disclose personal information, without notice, if required by law or in the good faith belief that such action is necessary to:(a) conform to the edicts of the law or comply with legal process served on MPI or the site; (b) protect and defend the rights or property of MPI; and/or (c) act under exigent circumstances to protect the personal safety of users of MPI or the public.

Tracking User Behavior

MPI may keep track of the websites and pages our users visit within MPI, in order to determine what MPI services are the most popular. This data is used to deliver customized content and advertising within MPI to customers whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by MPI. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of the MPI website.

International Users

MPI is based in the United States.We do not actively market or offer our services to individuals outside the United States. Orders must be shipped to a U.S. address. Digital orders are intended solely for U.S.-based customers.

If you are accessing our services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers and operations are located. By using our website and submitting your information, you consent to this transfer and understand that data protection laws in the U.S. may differ from those in your jurisdiction (such as the European Union's General Data Protection Regulation or Canada’s Anti-Spam Law).

If you are a resident of a country or region with data protection laws that grant you specific rights, you may contact us to:

We will respond to such requests in accordance with applicable U.S. laws and within a reasonable timeframe.

clientservices@masterpiece-images.com

Masterpiece Images LLC.
125 S. State Road 7 Suite 104-447
Wellington, FL 33414

Use of Cookies

The MPI website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of the cookie is to tell the web server that you have returned to a specific page. For example, if you personalize MPI pages or register with MPI site or services, a cookie helps MPI to recall your specific information on subsequent visits. This simplifies the process of recording your personal information such as billing addresses, shipping addresses, and so on. When you return to the same MPI website, the information you previously provided can be retrieved, so you can easily use the MPI features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of MPI services or websites you visit.

Links

The website may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information

MPI secures your personal information from unauthorized access, use or disclosure. MPI uses the following methods for this purpose:
- SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that (1) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed.

Children’s Privacy/Children Under Thirteen

MPI complies with applicable laws protecting children’s privacy. We collect information only as necessary to perform services requested by parents, guardians, or schools. We do not knowingly collect personal data directly from children/minors. MPI does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

E-mail Communications

From time to time MPI will send you transactional emails, such as order confirmations, receipts, and important account-related notifications that you will always receive as part of your use of our services.

Separately, MPI may send you promotional emails including announcements, special offers, surveys, and marketing communications. If you wish to stop receiving these promotional emails, you can opt out at any time by replying with “STOP” or by using the unsubscribe link provided in those emails.

External Data Storage Sites

We may store your data on servers provided by third-party hosting vendors with whom we have contracted.

Your Rights and Choices

Changes to this Statement

MPI reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the site and/or services available through this site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information

clientservices@masterpiece-images.com

Masterpiece Images LLC.
125 S. State Road 7 Suite 104-447
Wellington, FL 33414

NOTICE

Welcome!

Terms of Use and Privacy Policy

Terms of Use

Electronic Communication

Your Account

Use of Services

Photo Availability and Order Fulfillment

No Unlawful or Prohibited Use/Intellectual Property

International Users

MANDATORY ARBITRATION

Class Action Waiver

Liability Disclaimer

Termination/Access Restriction

Changes to Terms

Privacy Policy

Collection of your Personal Information

Use of your Personal Information

Sharing Information with Third Parties

Tracking User Behavior

Automatically Collected Information

International Users

Use of Cookies

Links

Security of your Personal Information

Children’s Privacy/Children Under Thirteen

E-mail Communications

External Data Storage Sites

Your Rights and Choices

Changes to this Statement

Contact Information