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These Terms govern your use of pixelandcanvas.net and any painting you commission from us. They’re written to be plain about how we work and what you’re agreeing to when you place an order. Please read them — by ordering or using the site, you accept them.
These Terms of Service (the “Terms”) form a binding agreement between you and MM ECO LLC, a Washington limited liability company doing business as Pixel & Canvas (“Pixel & Canvas,” “we,” “us,” or “our”). They cover your access to and use of pixelandcanvas.net (the “Site”), our products and services (together, the “Services”), and any artwork you commission from us.
By using the Site, placing an order, or otherwise interacting with the Services, you confirm that you have read, understood, and agreed to these Terms, our Privacy Policy, our Shipping Policy, and our Refund Policy, each incorporated here by reference. If you do not agree, do not use the Site or place an order.
We may revise these Terms at any time. The “Last updated” date at the top reflects the current version. Material changes take effect when posted; your continued use of the Site or Services after a change constitutes acceptance of the revised Terms.
The Site and Services are intended for users who are 18 years of age or older and have the legal capacity to enter into a contract. By using the Services, you represent and warrant that you meet these requirements.
We ship within the United States only. By placing an order you confirm that your shipping address is in a US delivery zone served by our carriers (USPS, UPS, or FedEx).
You may place orders as a guest or by creating an account. In either case, you agree to provide accurate, current, and complete information — particularly your email address and shipping address — and to keep that information up to date.
You are responsible for activity that occurs under your account or order, including all communications you authorize. If you create an account, you are responsible for safeguarding your credentials. We are not liable for loss or damage from your failure to do so. Accounts are personal to you and may not be transferred.
Each painting is a made-to-order custom good produced from material you supply. The following defined terms apply throughout these Terms:
Order. Your completed checkout, including selected size, material, options, customizations, and uploaded Source Material.
Source Material. The photograph(s), text, and instructions you upload or provide for use in producing your painting.
Proof. A digital preview of the painting we send you for review before printing.
Revision. A change you request to the most recent Proof, as further defined in Section 11.
Approval. Your authorization for us to proceed to printing and shipping. Approval may be given (a) expressly in writing — by email reply, web confirmation, or other clearly affirmative response — or (b) by lapse: if you do not respond to a Proof within 48 hours of its delivery to your registered email, that Proof is deemed Approved and we may proceed to production.
Submitting an Order constitutes an offer to purchase. Your offer is accepted only when we send an order confirmation; until then, no contract is formed. We may refuse, cancel, or refund any Order in whole or in part at our sole discretion — for example where Source Material is unusable, content is prohibited under Section 14, payment is declined or suspected of fraud, capacity is constrained, or pricing was posted in error. Our maximum liability for any such cancellation is a refund of the amount you actually paid for the affected Order.
You may complete an Order without uploading Source Material at checkout — for example, if you want to lock in a price or promotion before selecting your photograph. In that case, no production starts and no Proof is sent until you provide usable Source Material to us by email, upload, or another channel we accept in writing. The Order remains on hold indefinitely until we receive it.
We are not obligated to refund any Order placed in this manner. Whether to hold the Order open, cancel it, or issue a refund — and on what timeline — is at our sole discretion. The 48-hour Approval clock above does not begin to run until a Proof is delivered to you. If we have not received usable Source Material within 30 days of our written request for it, we may at our discretion close or cancel the Order with no refund.
To make your painting we need a photograph. When you upload Source Material to the Site or send it to us by email or any other channel:
You grant us a non-exclusive, worldwide, royalty-free license to copy, store, modify, adapt, reproduce, and display your Source Material solely as needed to design, produce, proof, print, deliver, and provide customer support for your Order, and to retain copies as part of our internal records.
We will not use Source Material uploaded as part of an Order in public-facing marketing, advertising, social media, website imagery, or promotional materials. Section 13 separately addresses photos you choose to post publicly in reviews or on social media.
You represent and warrant that, for each photograph or other material you submit:
You agree to indemnify and hold Pixel & Canvas harmless from any claim arising out of a breach of these warranties, as further described in Section 17. We may decline to produce any Order where we believe in good faith that proceeding would create an intellectual-property, privacy, or publicity risk.
The Site, our brand, name, logos, designs, text, illustrations, photography, page layouts, software, and all related content (other than your Source Material) are owned by or licensed to Pixel & Canvas and are protected by copyright, trademark, and other laws. You may not copy, reproduce, distribute, publish, modify, scrape, or create derivative works from any of it, except as expressly permitted by these Terms or applicable law.
Subject to full payment of your Order, we grant you a perpetual, non-exclusive, non-transferable, royalty-free license to use the finished painting we deliver to you for personal, non-commercial purposes only — to display in your home, give as a gift, or photograph for personal sharing. You may not resell, reproduce for commercial sale, license, sublicense, or use the finished painting as part of any commercial product or service without our prior written consent. We retain ownership of all underlying artistic compositions, sketches, color studies, working files, and the intellectual property in our creative process.
All prices are stated in US dollars and are exclusive of any applicable taxes. Sales tax is calculated at checkout where required and is added to the order total. Prices, promotions, and product availability may change at any time without notice; the price applicable to your Order is the price displayed at the moment you complete checkout.
By submitting payment information, you authorize us (and our payment processors) to charge the applicable amount to your selected payment method. If a payment is declined or reversed for any reason, we may suspend or cancel your Order. We are not responsible for fees charged by your bank, card issuer, or payment provider, including currency-conversion fees.
For Orders paid by electronic check (e-check), ACH transfer, bank transfer, or any other payment method that does not settle immediately, we will not begin design work and we will not send a Proof until the payment has fully cleared and the funds are confirmed and settled in our account. Clearing typically adds 3 to 7 business days, and sometimes longer, to the timing for the Proof and everything that follows from it. If a clearing payment is later reversed, returned (e.g., NSF), or otherwise fails for any reason, we may suspend or cancel the Order without notice and recover any work already performed at our standard rates.
We are not responsible for delays caused by payment clearing time, and any timing estimates referenced anywhere on the Site or in this agreement (including in Section 8) assume immediately-cleared payment. If a Proof timing is important to you, please pay by a method that settles immediately.
Promotional codes, discounts, and gift cards are subject to their own terms; they cannot be combined unless expressly stated, have no cash value, and may be cancelled if used in violation of those terms.
Any timing referenced anywhere on the Site, in checkout, in confirmation emails, or in marketing — including phrases such as “proofs in 1–2 days,” “ships in 3 working days,” or “delivery in ~10 days” — is provided as an estimate only. It is not a promise, guarantee, or contractual deadline.
Actual timing varies and may be longer based on factors including, but not limited to:
We are not liable for any delay, missed occasion (birthday, anniversary, holiday, wedding, memorial, or otherwise), or any incidental or consequential damage of any kind arising from late delivery. If on-time delivery is important to you, please order well in advance and contact us before ordering to confirm current lead times.
We ship using USPS, UPS, or FedEx. Tracking numbers are emailed when your Order ships. Full carrier-related terms are set out in our Shipping Policy, which is incorporated here by reference; this Section 9 summarizes the key allocations of risk.
Title and risk of loss pass to you when your Order is handed to the carrier. Once a package leaves our facility, we are not responsible for delays, mishandling, damage in transit, theft from your doorstep or mailbox, or other carrier-related issues — except as expressly provided in our Refund Policy for items lost in transit or arriving damaged, where photographic evidence is provided within the time limits stated in that policy.
Shipping address. You are responsible for providing a correct, complete, and deliverable shipping address. We cannot redirect a shipment once it has been dispatched. Packages returned to us as undeliverable, refused at delivery, or unclaimed will not be automatically refunded; reshipment is available at your cost and you must contact us within 30 days of the return scan, or the Order will be considered abandoned without refund.
Each painting is custom-made to your specifications and is therefore not eligible for return, exchange, or refund. By placing an Order you acknowledge the personalized nature of the product and waive any general right of return that might otherwise apply to non-custom goods. The revision process described in Section 11 is your remedy for satisfaction with the artwork itself.
The only exceptions to the all-sales-final rule are:
Refunds are issued to the original payment method. Beyond these exceptions, no refund will be issued for any reason — including but not limited to: change of mind; aesthetic preferences emerging after Approval; recipient’s reaction; carrier delays; missed gifting occasions; or any other reason set out in these Terms as a non-refundable circumstance. Full details are in our Refund Policy.
We’re proud of how generously we revise. This section explains how the revision process works and where it ends — so we can keep our promise to be flexible without anyone, including future customers, footing the bill for abuse.
A revision request must be:
Vague, purely subjective, or non-actionable feedback (such as “make it pop” or “I just don’t love it”) is not a revision request until you clarify it. We may ask follow-up questions to identify a workable change; until you respond with actionable detail, no revision round begins.
Revisions are limited to the artistic rendering of the Source Material you originally submitted. The following are not revisions and require a new Order at full price:
We paint from the photograph you provide. Revisions cannot — and we are not responsible for failing to — render details that are not discernible in your Source Material, such as faces obscured by shadow, blurry features, low resolution, color casts, motion blur, or compression artifacts. You warrant that your Source Material is of sufficient quality for the painting you have ordered. Where we identify the Source Material as marginal and you instruct us to proceed, you accept the resulting outcome and waive any claim that the painting fails to capture details not visible in the source.
Each revision request must be made within 48 hours of the relevant Proof’s delivery to your registered email. Requests outside that window may be declined or treated as a new Order at our discretion. The 48-hour window aligns with the Approval-by-lapse provision in Section 4: if you do not respond within 48 hours with either Approval or a revision request, the Proof is deemed Approved.
For Orders placed without Source Material at checkout (see Section 4.1), if we have not received usable Source Material within 30 days of our written request for it, we may at our discretion close or cancel the Order with no refund.
Revisions are provided in good faith on both sides. We may decline, consolidate, or pause revision rounds that are (i) outside scope, (ii) contradictory to changes you previously approved or to one another, (iii) impossible to fulfill from the Source Material, (iv) substantially repetitive of changes already incorporated, or (v) made in bad faith or in a pattern indicating no intent to ever Approve.
If, in our reasonable judgment, the revision process becomes abusive, harassing, indefinitely contradictory, designed to extract unlimited labor without good-faith intent to reach Approval, or otherwise inconsistent with the good-faith standard in 11.5, we may at our sole option:
Any of the above is your sole and exclusive remedy in such circumstances.
Once a Proof is Approved (expressly or by lapse under Section 4), production begins immediately and no further revisions are available. Changes requested after Approval require a new Order at full price. We are not liable for changes of mind, aesthetic preferences, gift recipient reactions, or buyer’s remorse arising after Approval.
Initiating a payment dispute, chargeback, or other reversal request with your bank, card issuer, or payment provider against your Order — whether before, during, or after the revision and fulfillment process, and whether in respect of any matter governed by Section 10, this Section 11, or otherwise covered by these Terms — constitutes a material breach of these Terms. Such a breach immediately terminates our obligation to perform further revisions, produce, or deliver the Order, with no refund.
We will contest any chargeback we believe to be improper, using these Terms, your Order record, all communications between us, proof of delivery, and any Approval (express or by lapse) as evidence. We routinely succeed in such disputes.
If a chargeback is initiated in respect of an Order that has been Approved (expressly or by lapse), delivered, or otherwise fulfilled in accordance with these Terms, or otherwise without good-faith cause, you agree to be liable to us for:
In addition to the foregoing, we reserve the right to: (i) refer the unpaid amount to a collection agency or third-party debt collector; (ii) report the dispute, your contact information, and the underlying conduct to chargeback-prevention and fraud-monitoring databases used by merchants and card networks (including, where applicable, services such as Ethoca, Verifi, and similar networks); (iii) refuse all future Orders from you, your household, your payment methods, your email address, your IP address, or your shipping address; and (iv) pursue any other remedy available at law or in equity, including claims for fraud, breach of contract, and unjust enrichment. Bad-faith chargebacks (“friendly fraud”) — including chargebacks filed in respect of Orders that you Approved, accepted delivery of, or that we delivered consistent with an Approved Proof — are taken seriously, may be referred to law-enforcement authorities, and may form the basis of further legal action against you. Nothing in this Section 11.8 limits any other right or remedy available to us under these Terms or applicable law.
Our marketing describes revisions as “unlimited” because we don’t impose a fixed numerical cap on good-faith requests that fall within the scope and standards of this Section 11. “Unlimited” does not mean perpetual, without conditions, or outside the scope of the original Order. In the event of any conflict between marketing language and these Terms, this Section 11 controls.
Our team produces artwork using a combination of techniques, materials, and tools — which may include traditional media, digital painting tools, software-assisted color and composition aids, machine-learning systems, and other technologies — selected at our sole discretion. We do not warrant that any particular method, tool, technology, or process is used, or excluded, in creating your painting.
General descriptions of our creative process appearing in marketing materials, blog posts, or social media are exactly that — general descriptions, not contractual representations. This Section 12 controls in the event of any conflict. The value you receive under your Order is the finished artwork delivered to you, not the specific process used to create it.
You may receive an invitation to review your purchase. Reviews must be honest, your own, and consistent with our community guidelines and applicable law (including FTC guidance on endorsements).
When you post a review, comment, image, video, social-media post, or other content publicly — whether on the Site, in a public review platform, on social media tagging us, or elsewhere — relating to Pixel & Canvas or our products (each a “Public Submission”), you grant Pixel & Canvas a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display that Public Submission in any media, now known or later developed, for any purpose including marketing, advertising, and promotion, with or without attribution and without compensation to you.
You represent that you own or control all rights to your Public Submissions, that they do not violate any law or third-party right, and that any people depicted have consented to that use. This license expressly excludes Source Material uploaded as part of an Order under Section 5.
We may, but are not obligated to, monitor, edit, or remove any Public Submission for any reason, including content we believe is false, deceptive, defamatory, infringing, obscene, harassing, or otherwise objectionable.
You agree not to, and not to permit any third party to:
We reserve the right to investigate suspected violations, to cancel affected Orders without refund, to terminate accounts, to retain evidence, and to cooperate with law-enforcement authorities.
Custom artwork involves natural variation. Color, tone, paper texture, frame grain, and minor compositional choices will vary between the on-screen Proof and the printed painting, and between any two printings. Monitors display color differently; no two screens — and no screen and any print — match exactly. These variations are inherent to the medium and are not defects.
The site, the services, and any painting we provide are made available “as is” and “as available,” with all faults and without warranty of any kind.
To the fullest extent permitted by applicable law, Pixel & Canvas and its officers, members, employees, agents, suppliers, and licensors disclaim all warranties, express, implied, statutory, or otherwise, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising from course of dealing, course of performance, or usage of trade.
We make no warranty that the site or services will be uninterrupted, error-free, secure, free of harmful components, or available at any particular time or location; that any painting will meet your subjective expectations; or that any timing estimate will be achieved. Color, finish, framing, and other characteristics of the delivered painting will vary from any digital proof and from any other example; such variation is an inherent characteristic of hand-finished art prints and is not a defect.
To the fullest extent permitted by applicable law, in no event shall Pixel & Canvas, MM ECO LLC, or any of their respective officers, members, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to loss of profits, loss of business, loss of data, loss of goodwill, emotional distress, missed occasions, or any cost of substitute goods or services, arising out of or relating to these terms, the site, the services, or any painting we provide, whether based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the total aggregate liability of Pixel & Canvas and MM ECO LLC for all claims arising out of or relating to these terms, the site, the services, or any painting we provide shall not exceed the amount you actually paid to us for the specific order giving rise to the claim. Multiple claims do not enlarge this cap.
These limitations apply even if any limited remedy in these terms is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Pixel & Canvas, MM ECO LLC, and their respective officers, members, employees, agents, suppliers, and licensors from and against any and all claims, demands, actions, investigations, damages, losses, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You may not settle any matter without our prior written consent.
These Terms and any dispute arising out of or relating to them, the Site, the Services, or any painting we provide are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Before initiating any arbitration or other formal proceeding, you agree to first contact us at [email protected] with a written description of the dispute and your contact information, and to negotiate in good faith for at least 30 days. Most issues can be resolved this way.
Except for claims that may be brought in small-claims court within its jurisdictional limits, and except for claims for injunctive or equitable relief or claims regarding intellectual-property rights (which may be brought in any court of competent jurisdiction without the posting of a bond), any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, or any painting we provide that is not resolved through informal resolution under Section 18.2 shall be finally settled by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, where the amount in controversy is below the JAMS Streamlined threshold, under the Streamlined Arbitration Rules and Procedures), before a single arbitrator appointed in accordance with those rules. The arbitration shall take place in King County, Washington, in the English language. The arbitrator’s decision shall be final and may be entered as a judgment in any court of competent jurisdiction.
You and Pixel & Canvas each agree that any dispute will be resolved only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, representative, or private-attorney-general proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class-action waiver is unenforceable as to any claim, that claim shall be severed and proceed in court while all other claims remain in arbitration.
The prevailing party in any action or proceeding to enforce these Terms shall be entitled to recover its reasonable costs and attorneys’ fees, to the extent permitted by law.
If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in a writing signed by us.
You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, fire, flood, severe weather, earthquake, pandemic, war, terrorism, civil unrest, government action, labor disputes, supplier or carrier failure, internet or utility outage, or cyber-attack.
By using the Site or placing an Order, you consent to receive communications from us electronically, including by email and through notices posted on the Site, and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with our Privacy Policy, Shipping Policy, Refund Policy, and any order confirmation, constitute the entire agreement between you and Pixel & Canvas with respect to the Site, the Services, and any painting we provide, and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written.
We may update these Terms at any time. The updated version is effective immediately when posted on the Site; the “Last updated” date will reflect the change. Your continued use of the Site or Services after a change constitutes acceptance of the revised Terms. If you do not agree to a change, your sole remedy is to stop using the Site and Services.
Questions about these Terms? Notices required to be sent to us under these Terms (including informal-resolution notices under Section 18.2) should be sent to:
MM ECO LLC (d/b/a Pixel & Canvas)
Email: [email protected]
A notice is effective on the second business day after sending, provided no delivery-failure notification is received.
We’d rather you ask than wonder. Email us and a real person will read it.