1. SUBJECT OF AGREEGMENT:

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The Buyer wishes to purchase an Artwork or to commission the Artist to create an Artwork.

 

The Buyer will receive the original handmade painting(s).

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2. COPYRIGHTS:

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Copyrights of the Artwork remains the property of the Artist.

 

The Buyer may not reproduce an image of the Artwork for any publication that the Buyer owns, unless negotiated under a revised contract, which will have to be negotiated and agreed upon by both parties.

 

This contract does not cover that action.

 

Also, the Buyer may not reproduce an image of the Artwork for publications that the Buyer does not own.

 

Such matters must be settled between the Artist and the publisher.

 

The Buyer may not reproduce an image representing the Artwork to any third party, including internet websites (such as social media), while claiming the Artwork as the Buyer’s own creation.

 

The Buyer may share an image of the Artwork on internet websites (such as social media) with credit to the Artist.

 

© Copyright remains with the Artist, even after sale of the work.

 

The buyer is purchasing the original painting only.

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3. LIMITATIONS OF GUARANTEES:

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All Artworks are sold to Buyers “AS IS.”

 

The Seller makes no guarantees, warranties or representations, expressed or implied, to any Buyer with respect to the Artwork, including without limitation, to its merchantability, literature or historical relevance of the Artwork or otherwise.

 

No statement anywhere, oral or written, shall be deemed as such a guarantee, warranty or representation.

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4. REFUSALS:

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Seller may refuse to process a transaction for any reason or refuse service to anyone at any time by sole discretion.

 

Seller will not be liable to any Buyer or third party by reason of the Seller withdrawing the Artwork before the end of the sale period; removing, screening or editing any materials; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

In other words, once the commission process has begun, the Artist keeps the right to discontinue the commission process for any reason as long as payment has not been collected.

 

Also, the Artist retains the right to refuse a request for a commission for any reason.

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5. TITLE, RISK OF LOSS:

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When the Buyer collects the Artwork from the Artist, title (not to the name of the Artwork) of the Artwork and risk of loss will pass to the Buyer upon delivery to the Buyer.

 

The Artist is not obligated to take damaged Artwork back under this Agreement if the Artwork was damaged in transit when the Buyer accepted and signed for receiving the package without external inspection.

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6. REMEDIES FOR BUYER'S FAILURE:

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If any applicable conditions of this Agreement are not complied within a timely manner by the Buyer, in addition to other remedies available to the Seller by law in equity, including without limitation the right to hold the Buyer liable for the Order Total, Seller may, at its option, cancel the sale and re-offer the Artwork on a Website or sell it privately.

 

In addition, Seller may hold the Buyer liable for any and all costs of collection or re-offer, handling charges, commissions and any legal fees and expenses.

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7. FRAUD:

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Buyer may not purchase any Artworks under a false name or impersonate any participant.

 

Such fraudulent conduct is a violation of federal and state laws.

 

Fraudulent conduct may be reported to law enforcement authorities, and Seller will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

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8. WAIVER OF CLAIMS:

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Seller is not responsible for the descriptions of Artworks provided by the Seller or any third party acting on behalf of the Seller.

 

If a dispute arises regarding an Artwork’s description, Buyer releases the Seller and its affiliates from claims, demands, causes of action, liabilities and damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

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9. LIMITATION OF LIABILITY:

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To the maximum extent permitted by applicable law, Seller and its affiliates will not be liable for any damages of any kind including without limitation: direct, indirect, incidental, punitive and consequential damages (including, without limitation, for lost profits, revenues or data) arising out of or in connection with this Agreement.

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10. APPLICABLE LAW:

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This Agreement shall be governed and construed under the laws of the State of Pennsylvania, USA, applicable to agreements made and fully performed there in.

 

It contains the entire understanding between the parties concerning its subject matter, and no modification is binding unless in writing and signed by the party to be bound.

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11. PLACE OF CONTRACT:

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The terms and conditions set forth in this contract are assumed to be agreed upon by Artist and Buyer once the Buyer initiates the commission process with the Artist.

 

This process begins by when the Buyer contacts the Artist to request a commission by writing, including e-mail exchanges.

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12. GOVERNING LANGUAGE AND TRANSLATIONS:

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All parties specifically agree that the English language version of this Agreement shall determine meanings and semantics of the Agreement in the event of any inconsistency between the English version and versions presented in languages other than English.

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13. ENTIRE AGREEMENT:

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This Agreement constitutes the entire consented agreement between the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

 

14. WARRANTY OF ORIGINALITY:

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The Artist warrants and represents that, to the best of their knowledge, the Artwork assigned here under is an original painting by the Artist.

 

If previously published, consent for the Artist to sell copyright (if still applicable) and/or consent to sell original Artwork must have been granted before the completion of the Agreement.

 

In other words, the Artist has full authority to make this Agreement.

 

The Artwork prepared by the Artist does not contain libelous or unlawful matter.

 

However, the Artist reserves the right to create Artwork that is considered offensive, violent or graphically sexual by cultural/social standards at the time of the Agreement, as covered by the First Amendment of the United States Constitution.

 

The Buyer reserves the right not to purchase the work if the Buyer is offended by the work, prior to completing the commission process.

 

The commission process is considered complete when the Buyer approves of the final product.

 

This warranty does not extend to any uses that the Buyer or others may make of the Artist’s product which may infringe on the rights of others.

 

Buyer expressively agrees that it will hold the Artist harmless for all liability caused by the Buyer’s use of the Artist’s product to the extent such use infringes on the rights of others.

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15. DEFINITIONS:

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The terms Buyer and Purchaser are the same.

 

The terms Artist and Seller are the same.

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16. ACCEPTANCE OF TERMS:

 

The Buyer assumes acceptance of terms once they contact the Artist with the intent to request a commission for purchase.

 

The Artist assumes acceptance of terms once receiving the request from the Buyer for a commission for purchase.