Paslaugų teikimo sąlygos
Overview
This website is operated by Portrait By Numbers. Throughout the site, the terms “we,” “us,” and “our” refer to Portrait By Numbers. We provide this website, along with all information, tools, and services available from it, to you, the user, on the condition that you accept all of the terms, conditions, policies, and notices outlined here.
By visiting our site and/or purchasing from us, you engage in our Service and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced or linked within this document. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree with all the terms and conditions set forth in this agreement, you may not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to the terms stated here.
Any new features or tools added to the store will also be subject to these Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of the Terms of Service by posting updates on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of updates constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell our products and services to you.
Section 1: Eligibility and Store Use
By agreeing to these Terms, you confirm that you are of legal age in your state or province of residence. If you are under the legal age, you may only use our website with the consent of a parent or legal guardian, including for any minor dependents accessing the site through you.
Our products and services must never be used for unlawful or prohibited purposes. While using the website, you agree to comply with all applicable laws in your jurisdiction, including but not limited to intellectual property and copyright regulations.
You are prohibited from introducing malicious code, viruses, or any other harmful software.
Any misuse of the website or violation of these Terms may result in an immediate suspension or termination of your access to our services.
Section 2: General Terms of Use
We may, at our discretion, refuse service to anyone at any time.
You acknowledge that information you submit to us (other than payment details) may be transmitted without encryption across different networks, and may require adjustments to meet the technical requirements of those systems. Payment details are always encrypted during transmission for your security.
You agree not to copy, duplicate, resell, or otherwise exploit any part of the Service, or access to it, including communications or features provided through the website, unless you first obtain written permission from us.
The headings used in this agreement are provided for convenience and do not affect the interpretation of these Terms.
Section 3: Information Accuracy and Updates
We do not guarantee that the information on this website is accurate, complete, or up to date. The content provided here is intended for general purposes only and should not be your only source when making decisions. You should always verify details through more reliable, current, and complete sources before acting. Any reliance you place on the material found on this site is done at your own risk.
From time to time, the website may include historical information. Such content is provided for reference only and is not current. We may update or change the site’s content at any time, but we are under no obligation to do so. It is your responsibility to check this website regularly for updates or changes.
Section 4: Service and Pricing Changes
Product prices may change without prior notice.
We reserve the right to alter, suspend, or discontinue any part of the Service—including products, features, or content—at any time, without notice.
We are not responsible or liable to you or any third party for any price adjustments, changes to services, or interruptions, suspensions, or discontinuations of the Service.
Section 5: Products and Services
Some products or services may be available exclusively through our website. These items may have limited availability and are subject to our Return Policy for eligibility on returns or exchanges.
We make every effort to display product images and colors as accurately as possible. However, we cannot guarantee that the colors shown on your screen will match the actual product, as display settings may vary.
We reserve the right, at our discretion, to limit the sale of products or services to any person, region, or jurisdiction. This may be applied on a case-by-case basis. We may also restrict the quantities of products or services offered. All product descriptions and pricing are subject to change at any time, without notice. We may discontinue any product at any time. Any product or service offer made on this site is void where prohibited by law.
We do not guarantee that any product, service, or material purchased from us will meet your expectations, nor can we ensure that any errors in the Service will be corrected immediately.
Section 6: Billing and Account Information
We reserve the right to decline or cancel any order you place with us. At our discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may also apply to orders made under the same customer account, the same payment method, and/or orders using the same billing or shipping address. If we modify or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time of purchase. We also reserve the right to block or restrict orders that appear to be made by dealers, resellers, or distributors.
You agree to provide accurate, current, and complete purchase and account information for all transactions made in our store. You also agree to promptly update your account details—such as email address, payment information, and expiration dates—so that we can successfully process your orders and contact you as needed.
For additional details, please review our Return Policy.
Section 7: Optional Tools
We may provide access to third-party tools that we do not control, monitor, or influence.
You acknowledge and agree that these tools are made available on an “as is” and “as available” basis, without warranties, representations, or endorsements of any kind. We are not responsible or liable for any issues that may arise from your use of these optional third-party tools.
If you choose to use optional tools provided through the website, you do so entirely at your own risk and discretion. You are responsible for reviewing and agreeing to the terms and conditions set by the applicable third-party provider(s).
We may also introduce new features, resources, or services in the future, including additional tools. Such updates will also be subject to these Terms of Service.
Section 8: Third-Party Links
Some content, products, or services available through our website may include materials from third parties.
Links on this site may direct you to websites operated by third parties that are not affiliated with Portrait By Numbers. We do not review or guarantee the accuracy, reliability, or quality of third-party content, and we assume no responsibility for any third-party websites, products, or services.
We are not liable for any harm, loss, or damages related to transactions or interactions you have with third-party websites. This includes purchases, services, content, or other activities carried out on third-party platforms.
Before engaging in any transaction with a third party, we strongly encourage you to carefully review their policies, terms, and practices to ensure you fully understand them. Any concerns, complaints, or claims about third-party products or services should be directed to the relevant third party.
Section 9: User Comments, Feedback, and Submissions
If you submit content to us—whether in response to a request (such as contest entries) or voluntarily (including creative ideas, suggestions, proposals, plans, or other materials, referred to collectively as “comments”)—you agree that we may, without limitation, edit, copy, publish, distribute, translate, and otherwise use those comments in any medium.
You acknowledge that we are under no obligation to:
- Treat any comments as confidential.
- Provide compensation for comments.
- Respond to comments.
We reserve the right, though not the obligation, to monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that infringes on intellectual property or these Terms.
By submitting comments, you agree that they will not violate the rights of any third party, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You further agree that your submissions will not contain defamatory, unlawful, abusive, or obscene material, nor include malware, viruses, or harmful code that could affect the functionality of the Service or related websites.
You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of any comments. You are solely responsible for the content and accuracy of your submissions. We do not assume responsibility or liability for comments posted by you or by third parties.
Section 10: Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11: Errors, Inaccuracies, and Omissions
From time to time, our website or Service may contain typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability.
We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or change information—or cancel orders if necessary—at any time, without prior notice (including after an order has been submitted).
Except where required by law, we are not obligated to update, amend, or clarify information in the Service or on related websites, including pricing details. Any date of update or refresh shown on the site should not be taken to mean that all information has been revised or is current.
Section 12: Prohibited Uses
In addition to other restrictions outlined in these Terms, you are not permitted to use this website or its content for:
- Any unlawful purpose.
- Soliciting others to engage in unlawful acts.
- Violating any international, federal, state, provincial, or local laws or regulations.
- Infringing upon or violating our intellectual property rights or those of others.
- Harassing, abusing, insulting, harming, defaming, slandering, intimidating, or discriminating against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- Submitting false, misleading, or fraudulent information.
- Uploading or transmitting viruses, malicious code, or anything intended to disrupt the functionality of the Service, related websites, or the broader Internet.
- Collecting, tracking, or attempting to misuse the personal information of others.
- Engaging in spamming, phishing, pharming, pretexting, crawling, scraping, or other deceptive practices.
- Using the Service or website for obscene, immoral, or harmful purposes.
- Interfering with or attempting to bypass the security features of the Service, related websites, or the Internet.
We reserve the right to suspend or terminate your use of the Service or related websites if you are found to be in violation of any prohibited uses.
Section 13: Disclaimer of Warranties; Limitation of Liability
We do not guarantee or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We also do not warrant that any results obtained from using the Service will be accurate or reliable.
You acknowledge that we may, at times, suspend or discontinue the Service for an indefinite period or cancel it at any time, without prior notice.
You expressly agree that your use of the Service—and your inability to use it—is at your sole risk. Except where expressly stated by us, the Service, along with all products and services delivered through it, are provided on an “as is” and “as available” basis. We make no representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, or non-infringement.
In no event shall Portrait By Numbers, its directors, officers, employees, affiliates, agents, contractors, suppliers, licensors, or service providers be held liable for any loss, claim, injury, or damages of any kind. This includes, without limitation, direct, indirect, incidental, punitive, special, or consequential damages—such as loss of profits, revenue, savings, data, or replacement costs—arising out of your use of the Service or any products purchased through it. This also applies to damages resulting from errors, omissions, or interruptions in content, or from any other loss or damage incurred through use of the Service or any related product, even if advised of such possibilities.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, our liability in such locations will be limited to the fullest extent permitted by law.
Section 14: Indemnification
You agree to indemnify, defend, and hold harmless Portrait By Numbers, along with our parent company, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, service providers, suppliers, licensors, and interns, from and against any claims, demands, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees).
This obligation arises from your breach of these Terms or any documents referenced within them, your violation of any law, or your infringement of the rights of a third party.
Section 15: Severability
If any part of these Terms is found to be unlawful, void, or unenforceable, that portion will still be enforced to the fullest extent permitted by law. The unenforceable part will be considered severed from these Terms, and such a determination will not affect the validity or enforceability of the remaining provisions.
Section 16: Termination
Any obligations or liabilities incurred by either party prior to termination will survive the end of this agreement.
These Terms remain in effect unless and until terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services, or by discontinuing your use of our website.
If, in our judgment, you fail—or we suspect you have failed—to comply with any provision of these Terms, we may terminate this agreement at any time without notice. In that case, you will remain responsible for any outstanding amounts owed up to and including the date of termination, and we may deny you access to our Services (or any part of them).
Section 17: Entire Agreement
Our failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted on our site, represent the entire agreement and understanding between you and Portrait By Numbers regarding your use of the Service. They supersede any prior agreements, communications, or proposals, whether written or oral, between you and us (including prior versions of these Terms).
Any ambiguities in interpreting these Terms will not be construed against the drafting party.
Section 18: Governing Law
These Terms and any separate agreements under which we provide Services will be governed by and interpreted in accordance with the laws of the United States.
Section 19: Changes to These Terms
The most current version of these Terms will always be available on this page.
We reserve the right, at our discretion, to update, change, or replace any part of these Terms by posting updates on our website. It is your responsibility to review this page periodically for changes. Your continued use of our website or Services after any updates are posted constitutes your acceptance of those changes.
Section 20: Contact Information and SMS Marketing
By providing your phone number during checkout or subscribing through our sign-up tools, you consent to receive recurring SMS messages from Portrait By Numbers. These may include order updates, abandoned checkout reminders, promotional offers, requests for reviews, and other transactional notifications. Message frequency may vary. Consent to receive SMS messages is not a condition of purchase.
If you would like to stop receiving marketing or notification texts, reply with STOP to any SMS we send, or use the unsubscribe link included in our messages. Please note that using alternative words or methods will not be recognized as a valid opt-out. While we do not charge for SMS messaging, standard message and data rates from your carrier may apply.
For assistance, reply with HELP to the number from which you received our messages. You may also contact us through our Contact Page for more information.
We reserve the right to change or update the phone number or short code used to send messages. If such changes occur, you will be notified. Any messages sent to a discontinued number, including STOP or HELP requests, may not be received, and we are not responsible for honoring such requests.
To the extent permitted by law, we are not liable for delayed, failed, or misdirected delivery of messages, for any errors in the information transmitted, or for any actions you take (or fail to take) based on the information received through this Service.
Your privacy is important to us. Please review our Privacy Policy to learn more about how we collect, use, and protect your personal information.