TERMS & CONDITIONS
Introduction
These Terms set forth the terms and conditions under which you may use this website and purchase products/services as offered by us. The/this website means DavidSailorArt.com. This website offers visitors artworks and/or products to view and/or purchase. By accessing or using this website, you approve that you have read, understood, and agree to be bound by these Terms.
Use
In order to use this website and/or purchase our products, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or purchase our products if doing so is prohibited in your country or under any law or regulation applicable to you and you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations. Also, by using this website you agree: a) not to infringe upon or violate our copyrights or intellectual property rights or the intellectual property rights of others and you are prohibited from copying, reproducing, duplicating, licensing and selling any artwork or product in this site; b) to submit false or misleading information; c) to spam, crawl, phish, upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website or of any related website; d) to interfere with or circumvent the security features of this website or any related website.
Additionally, you agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations and that you will not use, nor will you allow or authorize any third party to use this website for any purpose that is unlawful, fraudulent defamatory, harassing, abusive, or in a way which conflicts with our products or this website. We reserve the right to terminate your use of this website, or any related website, for violating any prohibited uses.
Terms
When purchasing a product, you agree that: a) you are responsible for reading the full item listing before making a commitment to buy it and, b) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the checkout payment process. Also, additional terms regarding shipping and delivery apply when you purchase products through this website.
The prices we charge for purchasing our products are listed on the website. We reserve the right to change the prices for our products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. We may, without prior notice, change the products, stop offering any of our products or create limits for the products we offer. We may permanently or temporarily terminate or suspend access to our products or services without notice and liability for any reason, or for no reason.
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Indemnification
You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products offered on the website.
Ownership of copyrights, logos, and intellectual property
All artworks, products, and materials therein or transferred thereby, including, without limitation, images, text, graphics, logos, copyrights, photographs, videos, website design, and all Intellectual Property Rights related thereto, are the exclusive property of the artist represented on this site. You are explicitly prohibited from selling, modifying, licensing, renting, distributing, publishing, reproducing, transmitting, adapting, copying, editing or creating derivative works thereof.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the website, DavidSailorArt.com and/or website owner be liable or assume responsibility for any a) errors, mistakes, or inaccuracies of content, b) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, c) indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this website or the purchase of our products.
Right to Change and Modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website.
Right to Suspend or Cancel User Account
We may permanently or temporarily terminate or suspend your access to your account without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Dispute Resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the website or products, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws in the state of California, USA, without respect to its conflict of laws principles. For any and all such claims and disputes, you hereby consent to them being decided exclusively by arbitration located in the state of California, USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Contact Us
For any questions or concerns regarding these Terms & Conditions, please contact us at: David@DavidSailorArt.com.