Terms of service

OWNERSHIP: Designs created by Proper Portraits will bear a copyright notice in Proper Portraits’ name in the form, size, and location of Proper Portraits’ choice. Proper Portraits retains ownership over Proper Portraits’ Designs. This means that Proper Portraits retains the right to reproduce, publish, or display the Designs in portfolios, websites, promotions and other purpose thought proper by Proper Portraits. This means that Client cannot display, copy, or reproduce Designs without Proper Portraits’ permission.

Proper Portraits retains ownership in any of the original artwork making up the Design, including the right to display or sell the underlying artwork, or to use the underlying artwork in future design projects for other clients.

NO REFUND POLICY: Proper Portraits has a no refund policy upon order submission. Do not submit an order on Proper Portraits at any time if you do not agree with our no refund policy. Credit may be awarded in certain situations, and does not expire at any time.

 RELATIONSHIP TO CLIENT: Proper Portraits is an independent contractor, and not employed by Client. This contract does not create an exclusive relationship between Proper Portraits and Client.

 LIMITATION OF LIABILITY: THE SERVICES AND THE WORK PRODUCT OF PROPER PORTRAITS ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF PROPER PORTRAITS TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF PROPER PORTRAITS.  IN NO EVENT SHALL PROPER PORTRAITS BE LIABLE FOR ANY LOST DATA OR CONTENT, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR SERVICES PROVIDED BY PROPER PORTRAITS, EVEN IF PROPER PORTRAITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 FORCE MAJEURE: If Proper Portraits cannot perform this Agreement in whole or in part due to fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Proper Portraits’ illness or injury, then Proper Portraits will return all fees to the Client but shall have no further liability with respect to this agreement. This limitation on liability shall also apply in the event that designs are damaged in processing, lost through computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Proper Portraits.

 DISPUTE RESOLUTION: Proper Portraits and Client will attempt to resolve in good faith any disputes that arise under this Agreement. In the event that Proper Portraits and Client are unable to negotiate, both parties agree to participate in binding mediation before a mutually agreed-upon mediator pursuant to the rules published by the American Arbitration Association (AAA). The mediator’s award shall be final. The Client shall pay all mediation and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Proper Portraits.

 GOVERNING LAW: This Agreement is governed by the laws of the State of Alabama.