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Agreement between User and ownsomeart.com
Welcome to ownsomeart.com. The ownsomeart.com website (the "Site) is comprised of various web pages operated by Shepard Art Studio, LLC. Ownsomeart.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of ownsomeart.com constitutes your agreement to all such Terms. Please read these items carefully, and keep a copy of them for your reference.
Ownsomeart.com is an e-commerce site offering artwork for sale.
Visiting ownsomeart.com or sending emails to ownsomeart.com 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 and legal requirement that such communications be in writing.
Children Under Thirteen
Ownsomeart.com 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 ownsomeart.com only with permission of a parent or guardian.
Artwork purchased from ownsomeart.com shall be returnable within 14 days after artwork is received. Shipping costs are non-refundable. Please contact us at email@example.com to initiate a return.
Links to Third Party Sites/Third Party Services
Ownsomeart.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ownsomeart.com and ownsomeart.com 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. Ownsomeart.com is providing these links to your only as a convenience, and the inclusion of any link does not imply endorsement by ownsomeart.com or the site or any association with its operators.
Certain services made available via ownsomeart.com are delivered via third party sites and organizations. By using any product, service or functionality originating from the ownsomeart.com domain, you hereby acknowledge and consent that ownsomeart.com may share such information and data with any third party with whom ownsomeart.com has a contractual relationship to provide the requested product, service or functionality on behalf of ownsomeart.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, any any software used on the Site, is the property of ownsomeart.com 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 of sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ownsomeart.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and particular, you will not alter or delete 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 watthour the express written permission of ownsomeart.com and the copyright owner. You agree that you do not acquire any ownership rights in any p protected content. We do not grant you any licenses, express or implied, to the intellectual property of ownsomeart.com or our licensors except as expressly authorized by these Terms.
Original Artists retain the copyright to their work. By owning a piece of art purchased from the Site, customers own the physical artwork only.
The Service controlled, operated and administered by ownsomeart.com from our offices within the USA. If you access the Service for a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ownsomeart.com Content access through ownsomeart.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless ownsomeart.com, its officers, directors, employees, agents and third parties , for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Onwsomeart.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you , in which event you will fully cooperated with ownsomeart.com in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at low or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually greed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out or or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Cognitions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. The arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis, class arbitrations and class/representative/collection actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONY 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 ownsomeart.com 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY HAVE TYPOGRAPHICAL ERRORS OR INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREN. SHEPARD ART STUDIO LLC (DBA OWNSOMEART.COM) AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SHEPARD ART STUDIO LLC (DBA OWNSOMEART.COM) AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SHEPARD ART STUDIO (DBA OWNSOMEART.COM) AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Ownsomeart.com reserves the right, in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you herby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ownsomeart.com as a result of this agreement or use of the Site. Ownsomeart.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in the agreement is in derogation of ownsomeart's right tom comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided or gathered by ownsomeart.com with respect to such use. If any part of this agreement is determined to ne invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, se forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matched the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ownsomeart.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ownsomeart.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Ownsomeart.com reserves the right, at its sole discretion, to change the Terms under which ownsomeart.com is offered. The most current version of the Terms will supersede all previous versions. Ownsomeart.com encourages you to periodically review the Terms to stay informed of our updates.
Ownsomeart.com welcomes your questions or comments regarding the Terms:
842 Edgewater Ln
Marysville OH 43040
Effective as of January , 2021