Terms of Service

Last Updated April 22, 2007.

General Terms of this Site

• FinerWorks is owned and operated by Omni Visions.
• All orders are printed and prepared as specified in the order details submitted by the user.
• The customer's billing and shipping information will appear on the order review and confirmation page as well as the invoice/receipt after an order is placed. Customers are responsible for reviewing and ensuring FinerWorks receives the complete and correct address information for shipping purposes. FinerWorks and its owner(s) are not responsible for items such as photos or CDs that are lost during shipping.
• All digital image files submitted must be in one a JPG, TIF, PNG online, or JPG, TIF, PNG, or PSD by CD.
• Customers are responsible for ensuring their image's resolution is suitable for printing.
• Customers should refer to our Help & Tips section for advice on preparing image files.
• Pictures and digital images that are of a different aspect ratio then the specified order will be cropped to match the dimensions required. Cropping of either the length or the width may occur in order to match the details of an order. User created white or color margins will become part of the printed image. Images submitted online will be viewable to the customer in a low resolution copy format in order for customers to preview the printed dimensions.
• Payment is required in full prior to processing orders.
• All prices include formatting and getting image ready for print. Shipping costs may be addititional where applicable.
• Stretched and mounted prints apply to canvas prints only.
• Stretched canvas prints will be stapled on the sides with the printed area covering the facing surface of the canvas or on the back for prints 20 x 30" or larger or where at least one side exceeds 30". Gallery wrapping in which the image wraps around to the back of the frame is not an option.
• Graphic enhancements and image editing services are not available online. Some custom graphic design may be available and setup in person at FinerWorks studios.
• Omni Visions/FinerWorks not prescreen or proof image files. Customers are responsible for quality or clarity.

Prescreening Image Limitations

Please be aware we utilize an automated processing system, therefore cannot make color, contrast, or sizing adjustments to an image submitted online. Based upon the fact that the productions staff processes many orders daily with various styles and display intentions by the submitting artists, they are unable to make judgments based upon the image file and image quality. It is the submitting artist or photographer's responsibility to ensure their image is of a suitable quality for print purposes. The only thing we can prescreen and make judgments on is image content relative to its legality under U.S. Federal Law under such things relating to copyright and images that might be construed as obscene and of no artistic value. Prints setup and discovered to not abide by said law will be destroyed or deleted from our system.

Proof Prints and Proofing

A proof print in the case of FinerWorks is simply defined as a print the artist or photographer orders for the purpose of checking tonal levels and quality. Many factors can influence a print’s appearance. With digital technology, this is both workflow and hardware related.

How it appears on your screen is determined by the following:

• Your Monitor Settings - (how your monitor is calibrated)
• Your Color Profiles - (data embedded in your image which translates color to print)

How a print of the image file looks is determined by the following:

• Printer Hardware - (your printer’s capabilities and ink versus ours)
• Printing Workflow- (your image software and printer driver settings versus ours)
• Image Resolution- (your image file’s original pixel count in width & height)
• Media Type - (type of canvas or paper, its brightness, texture, etc.)

At FinerWorks we leave it up to the individual artist or photographer to proof their work themselves. Our automated and print-on-demand system prints the file it receives within the capabilities of its technology. Neither our staff or the technology used in printing is able to alter or modify a file's tonal levels therefore it is always a good idea to order prints for proofing purposes first. This can be done by ordering a single print on the media of their choice at the size and with the options they want. If a customer does not order a proof print before ordering in volume (usually more than 10 copies of a print), FinerWorks may require a customer approve a proof print prior to fulfilling a large volume order.

My Gallery, My Web Site, & Members' Gallery

Users must register in order to use the Registered User benefits, such as 'My Gallery', print storage service or display and sell prints to the general public. Registered users may only upload and store images that they have created or images in which they authorized by the artist / photographer to have reproduced. Registered users may also take advantage of "My Web Site" which allows for members to create their own web site. Web sites created by Members through "My Web Site" will be hosted by FinerWorks within the confines and limitations set by FinerWorks.

Images containing people, artwork, or creations in which intellectual property rights may assert themself, may be removed from the Members' Gallery and/or the My Pictures section at the discretion of Omni Visions. Artist or photographer should first receive permission from any third party holder where intellectual rights may asset themself. Artists and photographers are required to make this determination.

Images and web page source code remain the property of their respective owners. Omni Visions does not assume ownership of any image posted by My Gallery users. Images deemed by administers of this site as inappropriate may be removed without notice. Registered My Gallery users that abuse the My Gallery service or cause any disruption to this site either knowingly or unknowingly may be banned from using the My Gallery service without notice and at the discretion of administrators of this site.

Omni Visions/FinerWorks will not sell or redistribute prints created from images in My Gallery without expressed permission from the artist or photographers whose image is posted.

My Gallery users that make their images available for public ordering will be responsible handling their own transactions. Customers that purchase from the public gallery are not customers of Omni Visions but instead customers of the artist or photographer whose print they order. Omni Visions does not keep a record of transactions between artists and photographers and their customers.

My Gallery users that make their images available for public ordering are responsible for setting their own pricing and details of their print including dimensions, options and pricing. My Gallery users that distribute prints ordered by their own customers assume all responsibility for order fulfillment and liability as indicated below.

Omni Visions / FinerWorks will not redistribute prints to 3rd party unless directed by the artist and indicated by an artist that orders a print to be produced and shipped through our drop shipping service. Omni Visions / FinerWorks does not collect payment for the sale of prints sold to any 3rd party unless the artist has entered into a separate licensing agreement with Omni Visions / FinerWorks to merchandise their images.

Artists that submit their images agree to allow Omni Visions / FinerWorks to create a proof of submitted prints for the purpose of internal proofing and testing. Prints produced for such purpose will be destroyed upon completion of their purpose. Print's produced for internal use will not be redistributed or sold to general public, owners or employees of Omni Visions / FinerWorks.

Artists and photographers that display prints in the Members' Gallery agree to also allow Omni Visions / FinerWorks to display a copy at any of the FinerWorks print facilities for the purpose of showing image and print quality to the general public. This proof, called a printers proof will not be sold or redistributed. Proofs will include the artists name and the title of the work. If the general public wishes to buy a print of the proof, Omni Visions / FinerWorks will either direct them to the artist's gallery page ("My Gallery") or contact the artist or photographer to assist the artist with in the sale.

Liability

Omni Visions / FinerWorks is not liable for damage or injury to items, animals or people caused by the prints due to negligent, reckless, knowing or intentional actions by any person. By purchasing from Omni Visions FinerWorks, the customer assumes all responsibility for damages or injuries caused by the print once it reaches its shipping destination. Omni Visions is not responsible for lost or damaged property shipped to Omni Visions for evaluation or production work.

Shipping & Delivery

Omni Visions and FinerWorks usually will have orders completed and delivered within 5 to 10 business days. Factors that may delay delivery of an order within that time frame may include weather, order size, equipment malfunctions, or disaster. Customers that have not received their orders within 10 business days may contact Omni Visions for an order status check. Rush orders may be available during certain times of the year and accrue additional production and shipping charges. Contact Omni Visions to discuss placing a rush order. International orders may take longer than 5 to 10 working days and is dependent upon the shipping schedule of the courier used. Shipping charges may be based upon the total amount of an order in order to cover cost of parcel weight, size, destination and packaging.

Disclaimer

Elements within this Terms of Service policy are subject to change without notice and at the discretion of Omni Visions the owner of this site.

Return Policy

Customer satisfaction is of great importance to the staff at FinerWorks. We realize that in the world of fine artistry and photography, what appears well in print can be very subjective. Image files are supplied to our servers by people of all skill levels therefore to make solid judgements based upon an image files quality and how well it look printed not possible for us. We ask customers should take into consideration that we are an online print-on- demand service which processes hundreds of prints a day via on an automated system. Based upon that and to keep prices low, we do not assume responsiblity for the quality of the images files from which we print.

Prints from Your Images

All return or reprinting requests must be submitted by e-mail through our contact page. Our phone staff are not authorized to process returns by phone.

Restrictions on Returns

Please note the following restrictions: Conditions that are not acceptable reasons for replacement or refund include differences in color tones or hues than expected, substrate (canvas or paper's) properties, recommendations by FinerWorks staff or 3rd parties, smudging, fingerprints or scratches that occur due to handling, direct exposure to the elements such as heat and moisture, late deliveries, or incorrectly submitted shipping addresses.

Rush orders charges and are not refundable unless an order is not documented by the courier as either delivered to the shipping address or having a delivery attempt by the end of the expected receiving date. Customers are responsible for ensuring a person is present to receive the rush order.

Exceptions

Damaged Prints: Notice of damaged merchandise must be submitted to Omni Visions in writing through our contact page within 72 hours upon documented delivery date by the shipping courier. Damaged prints need to be returned to Omni Visions for inspection before refunds or replacements can be submitted. In some instances, Omni Visions may waiver this requirement upon discretion of Omni Visions / FinerWorks management. Upon contacting Omni Visions further details on replacement procedures will be provided. Please note Omni Visions / FinerWorks is not responsible for damage accrued to prints after they have been delivered and caused by the customer or a third party. Third parties may include but is not limited to framers, retail establishments, or an artist's customers.

Color & Tonal Levels Assurance Certification: Customers can purchase this option at the end of the checkout process. We realize, especially if you are a photographer or artist, that sometimes, your own customers will find something wrong with either color or tones that is beyond anyone's control. This could be simply the result of a version they saw online on a poorly calibrated monitor or something more minor. If within 30 days you or your client is unsatisfied with the color or tonal levels of any prints in this order, return those prints for a refund. Customers must contact us by e-mail requesting a return authorization number. If the order shows the Image Color & Tonal Level Assurance has been purchased (near the subtotal of your receipt) then we can supply you a return authorization number. Customers are responsible for return shipping cost of the prints to be returned.

Image Clarity Assurance Certification: Customers can purchase this option at the end of the checkout process. This option will ensure that a "staff" artist examines your prints to make sure that the image does not appear too pixilated or a lower than a recommended resolution for print. Since the computers that process your order cannot distinguish the intention of the artist, this option will place your prints on "hold". We will then contact you by phone or e-mail before shipping your prints. If we do not contact you or if you or your client is still unsatisfied with the image clarity of the prints in this order, return those prints for a refund or reprinting within 30 days of receipt. Customers must contact us by e-mail requesting a return authorization number. If the order shows the Image Clarity Assurance has been purchased (near the subtotal of your receipt) then we can supply you a return authorization number. Customers are responsible for return shipping cost of the prints to be returned.

Artwork or Photography by Omni Visions / FinerWorks Staff Custom artwork or photography designed by Omni Visions / FinerWorks and its staff is guaranteed for its workmanship and clarity with 100% customer satisfaction guarantee. Customers have 30 days to return prints if not satisfied. The only exceptions are sample prints. These are not returnable.

Purchases of Prints by 3rd Parties from FinerWorks

Licensed Prints sold by FinerWorks to a 3rd party in which the customer performs purchases direct from the Members' Gallery and pays online on the FinerWorks web site can be returned for a full refund minus a 20% stocking and storage fee. Customers must contact FinerWorks by e-mail within 72 hours of receipt and request a Return Authorization Number for any prints to be returned. Customers are responsible for any returned shipping charges. Returned Prints must be received in the same condition they were initially received by the customer.

Purchases of Prints by 3rd Parties Direct from the Artist

FinerWorks does not offer refunds or returns to Artist's customers that purchase prints direct from the artist and in which the transaction does not occur on the FinerWorks web site.

Sample Prints or Proofs

FinerWorks does not offer refunds or returns to that purchase samples or from FinerWorks or create their own prints for proofing purposes.

Drop Shipped Orders

Artist should refer to the above section for "Prints from Your Images"