Terms and Conditions of Use
Last Updated: February 1, 2022
Welcome to Timeless-Prints.com! Our services and products are provided subject to the following terms of use (the “TOU”). By using the website (the “Site”), you agree to be bound by these TOU. Please read these TOU carefully, as they contain important provisions relating to your use of the Site, including an agreement to engage in binding arbitration to resolve any disputes between us. The Site is owned and operated by Intaglio Editions LLC, a Colorado limited liability company (“we,” “us,” “our” or “Intaglio”).
I. Terms of Use
License and Site Access
We grant you a limited, revocable license to access and make personal use of the Site as our customer. However, you are not permitted to:
- reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose, except as expressly provided herein;
- use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
- use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site;
- engage in any activity that interferes with the Site or another user’s ability to use the Site;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the services offered on the Site; or
- assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
Any use of the Site or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Electronic Communications
You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
If you opt in to receive SMS (text messages) from timeless-prints.com (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Site via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of these TOU.
By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from us. By agreeing to receive SMS messages from us, you certify that you are over 18 years of age, and: (a) you are the mobile account holder, or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application. You can opt out of receiving SMS messages at any time.
Your Account
As you use the Site, you may be required to create a user account. You are responsible at all times for maintaining the confidentiality of your account and password information, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Copyright
All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the Site is our property or the property of our software suppliers and is protected by international copyright laws.
Trademarks
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks that are not owned by us or are owned by our affiliated companies and appear on the Site are the property of their respective owners and may or may not be used without their prior written consent.
Copyright & Trademark Compliance; Complaints
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the Site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. In some limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our Site, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the Site. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the Site or cease sales of the product(s) pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used on the Site in a way that constitutes copyright or trademark infringement, please provide written notice in the manner indicated below to:
Intaglio Editions LLC
Attention: Legal Department
1768 Hauck Street
Erie, CO 80516
Orders@Timeless-Prints.com
Any notification alleging copyright or trademark infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted/trademarked work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that you claim is infringing and where it is located on our site;
- Information sufficient for us to contact you, such as your address, telephone number, and orders@timeless-prints.com;
- A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright/trademark owner, its agent, or the law; and
- A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright/trademark owner or are authorized to act on the owner’s behalf.
Reviews, Comments, Communications and Other Content
Site users may post or submit reviews, comments, suggestions, communications and other information via our Site, by email or through one of our Site operation partners, or on social media channels. You agree not to submit, transmit, or otherwise make available in any manner any content: (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party, or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. You may not use a false orders@timeless-prints.com or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit. By submitting content, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display your user name or the content in any media, form, format, manner or forum now known or hereafter developed without compensation to you. We take no responsibility and assume no liability for any content posted by visitors to our Site.
Suggestions and Ideas
Visitors may submit suggestions, ideas or questions to Orders@Timeless-Prints.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
Third Party Links or Services
The Site may contain links to or services offered by third parties that are not under our control (“Third Party Services”). Any such Third Party Services are provided for your convenience only and you access them at your own risk. Any concerns regarding such Third Party Service should be directed to the particular outside service.
Limitation of Liability
We do not accept responsibility that the Site, its servers, or email sent from the Site are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
II. Privacy
You should review our Privacy Policy to understand our privacy practices.
III. Terms of Sale
These Terms of Sale apply to all offers made by us or on the Site, all purchases and orders placed by you, and all agreements concluded between us in relation to the products and services offered on this Site.
Return Rights
We are 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 14 days of receipt and receive a free replacement or a full refund for the price of the product. Shipping charges will not be refunded.
If your order arrives in damaged or less than satisfactory condition, we offer a convenient Photo Return option. Simply take a digital photo of the item and one of the shipping container it arrived in, attach them to an email and send to Orders@Timeless-Prints.com. Please include in the body of the email: your order number, the shipping ID or item number, a brief description of the reason for the return, and let us know whether you are seeking a replacement or a refund. Your request will be processed as soon as practicable, generally within 72 hours, and you will receive a communication letting you know your replacement is under production or your refund is being processed.
To return your item(s) please pack them in the original shipping packaging and send them back to us with your name, address, order number, shipping ID or item number, the reason for the return, and what action you would like us to take: replacement or refund. We strongly encourage you to return your item via a trackable method. If a numbered print gets lost in the mail to you, we will cancel that number and issue another print. Lost prints cannot be reissued with that same number.
Pricing
Notwithstanding the product prices shown on the Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the Site may be mispriced as a result of price changes that are implemented at or about the time of your visit to the Site. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order.
Payment Options
We accept all major credit cards, including Visa, Mastercard, American Express, and Discover.
Order Cancellations and Modifications
To cancel an order that has not yet shipped, have your order number available and contact us at Orders@Timeless-Prints.com. We are unable to process cancellations for items that have already shipped. We are also unable to add additional items to existing orders or substitute individual components. To make these adjustments, you will need to cancel your existing order and place a new one.
Acceptance of Order
We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
Sales Tax
Items shipped to destinations in the states of Alabama, California, Colorado, Connecticut, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Washington, Wisconsin, and Ohio are subject to tax. No sales tax is charged when purchasing gift certificates; however, purchases paid for with gift certificates may be subject to tax. Sales tax laws may evolve and this list may therefore not be complete at the time of your order. We reserve the right to impose sales tax as required by our taxing authority and jurisdiction.
Product Descriptions
We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the Site are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund, or credit.
Disclaimer
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
IV. Disputes
Any dispute or claim relating in any way to your use of the Site, to purchases from us or the Site, or to the sale of any products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Sale as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Registered Agent/Legal Department, located at 1768 Hauck St., Erie, CO 80516. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will not seek attorney fees and costs in arbitration unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
By placing an order with us, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these TOU and any dispute of any sort that might arise between you and Intaglio Editions LLC.
Severability
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Assignment
You may not assign any of your rights under these TOU, and any such attempt will be null and void. We and our affiliates may, in our sole and exclusive discretion, transfer, without further consent from or notification to you, all contractual rights and obligations pursuant to these TOU if some or all of the business of Intaglio Editions LLC is transferred to another entity by way of merger, sale of its assets, or otherwise.
Assignment
Neither these TOU, nor any content, materials, or features of the Site create any partnership, joint venture, employment, fiduciary, or agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
