Terms and Conditions
HeroPortraits.org, or any derivative of this name, referenced in these Terms and Conditions, refers to Hero Portraits, Inc. a Georgia-based 501(c)3 Non-Profit Organization.
Privacy: To respect your privacy, we guarantee that any and all information you are providing will remain strictly confidential to the best of our ability. No information about the visitors to our site, will be sold, shared, or made accessible to any entity foreign to HeroPortraits.org. By visiting HeroPortraits.org, you are accepting the practices described in this privacy policy.
Security: Your online credit card transactions are secure, to the best of our ability, at HeroPortraits.org. We use a secure transaction system to ensure safe internet transmission of your personal information. Making a credit card purchase, is just as safe on our website, as it is by telephone.
Personal Information: When you register, make an application donation or purchase products from HeroPortraits.org, you are required to give us your email address. HeroPortraits.org does not collect personally identifiable information from anyone under the age of thirteen. If you are under thirteen, please ask your parents to register or exit this website. If you give us your email address, we may contact you with special information about HeroPortraits.org, our products and the services and donations we are making to applicants, and related individuals. We communicate with you by email, only if we have your permission. Otherwise, we use your information only to improve our services to our clients. HeroPortraits.org does not sell or rent our client's names, addresses, email addresses or other personal information. In order to maintain our website and enhance our client communications, HeroPortraits.org may contract with selected third parties. As necessary, your personal information may be shared with these third parties, solely for the purpose of assisting HeroPortraits.org in these endeavors, and subject to strict contractual confidentiality obligations. We do not otherwise disclose your information to third parties, unless required by law or in connection with a legal claim or proceeding. If HeroPortraits.org is acquired by another entity, information about HeroPortraits.org clients may be part of the transfer.
Cookies: We use cookies to recognize you and your preferences to make shopping easier. Cookies are bits of information that we automatically store on your computer, if your computer accepts cookies. The use of cookies is standard on the internet, and many major websites use them. Cookies stored on your computer do not contain any personally identifiable information. If you do not wish to have a cookie on your system, you can set your browser preferences to refuse them. Please consult your browser's help section for instructions on how to do this.
Receiving email promotions: If you give us your email address either on the home page or when you register, order, or enter a contest, make a donation, or enter an application, we will send you emails about promotions and items that relate to your request, or information. To remove yourself from our email list, send us an email: customerservice@HeroPortraits.org.
Policy Changes and Questions: HeroPortraits.org may update our privacy policy from time to time. Use of the information we collect now, is subject to the privacy policy in effect at the time of use. Whenever we make a change, we will post the updated policy at this site, and we encourage you to check our policy periodically. By using our website following the posting of a change in the privacy policy, you consent to the updated policy. If you have any questions or concerns regarding our privacy policy, please contact us.
Additional Terms & Conditions: Thank you for visiting our Web Site ("Site"). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE.
Your use of this Site is governed by the following terms of use ("Terms"). If you do not agree with all of these Terms, please exit this Site now. By using this Site, you agree to comply with, and be bound by these Terms. Hero Portraits.org may, from time to time, change these Terms at its sole discretion. By using this Site after any such change, you agree to comply with, and be bound by the Terms as changed.
Submissions: You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to HeroPortraits.org through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall be treated as non-confidential and non-proprietary and shall become, and remain, HeroPortraits.org property. Such disclosure, submission or offer of any Submission, shall constitute an assignment to HeroPortraits.org of all rights, title and interests in all copyrights and other rights in the Submission. HeroPortraits.org is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with, or related to this Site, you agree that HeroPortraits.org has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. HeroPortraits.org does not, cannot, and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are, and shall remain, solely responsible for the content of any Submission you make.
Disclaimer: Material in this Site may contain inaccuracies or typographical errors. HeroPortraits.org shall not be liable or responsible for any loss or damage caused by, or arising from, any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice. HeroPortraits.org is not responsible for product anomalies or errors by product designers.
No Warranties: THIS SITE, AND THE CONTENTS OF THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEROPORTRAITS.ORG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. HEROPORTRAITS.ORG DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT ORIGINALOILPORTRAITS.COM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND, WHATSOEVER, ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
Limitation of Liability: IN NO EVENT SHALL HEROPORTRAITS.ORG BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF ORIGINALOILPORTRAITS.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR UNDER ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS AND MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: You agree to defend, indemnify and hold harmless HeroPortraits.org its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.
Miscellaneous: These Terms and your use of this Site shall be governed under the laws of the State of Georgia, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be resolved exclusively by the state and federal courts of the State of Georgia and/or County of Fulton. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.
Return of Original Photographs: HeroPortraits.org makes every attempt to return all original photographs. Should your Original Photograph be lost, for any reason, Customer (buyer) agrees to hold HeroPortraits.org, harmless from any claims and/or damages related to such loss.
Copyright and Trademark Information: Copyright © 2010 HeroPortraits.org. All rights reserved. All materials on this Web Site (the "Site"), and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by HeroPortraits.org or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, and other materials contained in this Site, as well as the software used in the design and development of this Site. All rights are reserved, worldwide.
The name and mark HeroPortraits.org and all other HeroPortraits.org related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks of HeroPortraits.org in the United States and in other countries. The name and mark HeroPortraits.org and all other HeroPortraits.org related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks of HeroPortraits.org in the United States and in other countries. Included, but not limited to these referenced Trademarks are; Hero Portraits™, Honoring Life Through Art™, Hero Gala™, Hero Camp™, and other marks noted on this site and in printed materials. The materials contained in this Site are displayed for informational and promotional purposes only.
Ownership of new Copyright and Use Agreement: Copyright of all Portraits produced by HeroPortraits.org are owned exclusively by HeroPortraits.org and may be used in future publications and/or marketing materials, without the express written consent of the customer/applicant of HeroPortraits.org. No Portraits, photos or any website information, may be copied or used in anyway, without the express written consent of HeroPortraits.org.