TERMS OF USE

An overview between the User and Sara Swanson Art

Welcome to Sara Swanson Art. The saraswansonart.com website (the "Site") is comprised of various web pages operated by Sara Swanson Art. Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Saraswansonart.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of saraswansonart.com constitutes your agreement to all such Terms. Please read these terms carefully.

Sara Swanson Art (and saraswansonart.com) is a service and commerce company offering Fine Art Paintings, Commissioned Paintings, Reproductions, Other Products & Goods, Resources, and all other products or services.

RIGHTS TO ARTWORK AND IMAGES

All artwork, images, and graphics are the sole property of Sara Swanson and may not be used by any third party without written permission.  

Copying or reproducing artwork created by Sara Swanson (as seen on saraswansonart.com or elsewhere) is strictly prohibited without written permission from the artist.  

Sara Swanson retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business.  

Sara Swanson Art retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.   

Sara Swanson Fine Art retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Sara Swanson UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.

Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork. 

Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artists name). All other uses must be agreed to in advance in writing. Email to shop@saraswansonart.com

ELECTRONIC COMMUNICATIONS

Visiting saraswansonart.com or sending emails to Sara Swanson Art constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Sara Swanson Art is not responsible for third party access to your account that results from theft or misappropriation of your account. Sara Swanson Art and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Children Under Thirteen

Sara Swanson Art does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use saraswansonart.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Reproductions and non-original products: You may cancel your order within the first 24 hours. After 24 hours a 15% restocking fee will be applied. Returns and exchanges are handled on a case by case basis. We are not liable for any mishandling or failed delivery by the shipping service (USPS or UPS). Please contact shop@saraswansonart.com within 7 days of receiving your artwork. 

Original Paintings: All sales of original artwork are final. Orders canceled within the first 24 hours will incur a 20% restocking & re-marketing fee.  Returns or exchanges of original work are not available except for the most extreme situations. 

Links to Third Party Sites/Third Party Services

Saraswansonart.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sara Swanson Art and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sara Swanson Art is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sara Swanson Art of the site or any association with its operators.

Certain services made available via saraswansonart.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the saraswansonart.com domain, you hereby acknowledge and consent that Sara Swanson Fine Art may share such information and data with any third party with whom Sara Swanson Art has a contractual relationship to provide the requested product, service or functionality on behalf of saraswansonart.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use saraswansonart.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sara Swanson Art that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair Sara Swanson Art or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sara Swanson Art or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sara Swanson Art content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sara Swanson Art and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sara Swanson Art or our licensors except as expressly authorized by these Terms.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

INTERNATIONAL USERS

The Service is controlled, operated and administered by Sara Swanson Art from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sara Swanson Fine Art Content accessed through saraswansonart.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sara Swanson Art agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Sara Swanson Art, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sara Swanson Art and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CHANGES TO TERMS

Sara Swanson Art reserves the right, in its sole discretion, to change the Terms under which saraswansonart.com is offered. The most current version of the Terms will supersede all previous versions. Sara Swanson Art encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US

Sara Swanson Art welcomes your questions or comments regarding the Terms:

Sara Swanson Art

San Diego, CA 92127

shop@saraswansonart.com

Effective as of September 2020