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All materials on this Site, including, but not limited to characters, images, indicia, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by the respective studios and/or copyright owners. Materials on Artphoric.com are solely for your personal, non-commercial use. These materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
You may not take, use, copy or distribute any image from this website without consent from The Artphoric Gallery. All images created by Artphoric, either electronic images or hardcopy images, artworks, product and web design, shown on this website or elsewhere, are ©Artphoric. The Artphoric Gallery holds the copyright and intellectual property rights for all artworks and designs and use is strictly prohibited without The Artphoric Gallery’s permission. Summary of Usage Terms The terms below are as a summary only.
- *No Commercial Use (“for profit” use) without explicit written agreement, or signed licensing agreement from The Artphoric Gallery. If you are interested in licensing artwork, please contact The Artphoric Gallery.
No Commercial Use without Licensing Contract
Pursuit of Copyright Infringement
Copyright infringement of Artphoric’s works is treated very seriously. Generally, an informal cease and desist letter is sent to the alleged infringer as a courtesy before any formal action is taken, and compliance is appreciated at this stage without having to resort to legal action. Ebay auctions will be ended immediately through the Ebay Vero program. Non-compliance with a cease and desist request can result in the matter being taken to official parties, including webhosts, and the courts. Those infringing copyright could be liable to pay back all earnings they have made through the illegal sale of Artphoric’s copyrighted materials.
Reporting illegal use of Artphoric’s Work
Detailed Terms and Conditions
These usage terms are guidelines only in the correct and proper use of Artphoric’s images. The Artphoric Gallery reserves the right to make future changes to these guidelines at any time. The images and artworks of Artphoric’s fall under these terms and copyright ownership no matter where or in what medium they are obtained, including but not limited to other websites, purchase of print or products, other manufacturer’s products or catalogues. No matter if it is altered, the copyright of the artworks remains with The Artphoric Gallery under the derivative works terms of US and International Copyright Law. Infringement of Artphoric’s copyright will be dealt with very seriously.
The List Price displayed for products on our website represents the full retail price listed on the product itself, estimated in accordance with standard industry practice. If a product offered in our website is not as described, your sole remedy is to return it in unused condition within the allowed and stated limits of the return policy.
All artwork, unframed and framed, comes with a certificate of authenticity. Provenance that may accompany the artwork is for the purpose of sharing history and information with the buyer, and is neither the exclusive information upon which this certificate has been based, nor a means to imply additional certification or warranty.
Artphoric Studio does not have an appraiser on staff. We do not appraise or purchase original art from private parties.
Artphoric Studio has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Artphoric Studio prior to the latter’s acceptance of an order. Payment for the products shall be made by credit card or paypal. Orders may be invoiced separately. Artphoric Studio has all the discretion to cancel or deny orders. Artphoric Studio is not responsible for pricing, typographical, or other errors in any offer by Artphoric Studio and reserves the right to cancel any orders arising from such errors. Artwork will be processed for shipping only after payment has been received in full.
We ship almost entirely via FedEx Ground. We may also use United States Postal Service (USPS) or United Parcel Service (UPS). Note that separate charges may apply for international orders. Under normal circumstances, most orders of unframed art ship out within 7-10 business days. However, due to large order volumes, weather conditions or circumstances beyond our control, we will ship your order out as soon as possible. Framed artwork will typically ship out within 7-21 business days after purchase. As soon as your shipment is ready, you will be emailed a tracking number. If you need expedited framing and/or shipping service, please contact us. Note that fees will apply for expedited service. We carefully handle and hand-package your artwork ourselves. Unframed canvases and lithographs will ship in a reinforced tube. All framed artwork is wrapped in plastic, then securely packed in a box or crate. Damaged Items We inspect each artwork before it is shipped and pride ourselves on delivering your art to you quickly. We guarantee it to arrive in perfect condition. If for any reason, your artwork shows up in other-than-perfect condition, contact us within 48 hours of receipt and we will repair or replace framing and/or artwork (if necessary and possible).
To initiate a return, you must contact us within 5 business days of receipt for a full refund. We will send you a return authorization code. Authorization code must be written clearly on return packaging. Customer is responsible for any and all return shipment costs. Artwork and frame must be in original condition for a full refund. A store credit will be issued for any returns requested after the 5-day grace period. After 10 business days from date of delivery, all sales are final. Custom or commissioned art sales are final. Original artwork sales are final. All artwork for which customer requests custom framing is subject to the stipulations of the return policy and the cost of framing will be deducted from the total refund or merchandise credit total.
To initiate a return, you must contact us within 5 business days of receipt for a full refund. We will send you a return authorization code. Authorization code must be written clearly on return packaging. Customer is responsible for any and all return shipment costs. Artwork and frame must be in original condition for a full refund. A store credit will be issued for any returns requested after the 5-day grace period. After 10 business days from date of receipt, all sales are final. Custom or commissioned art sales are final. All artwork for which customer requests custom framing is subject to the stipulations of the return policy and the cost of framing will be deducted from the total refund or merchandise credit total.
The Site allows you to browse and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) collecting information about users’ personal information; (c) post false, inaccurate, misleading, defamatory, or libelous content; (d) take any action that may damage the rating system. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
We collect “personal” information from you when you provide it to us. For example, if you purchase artwork from us, we may collect your name, mailing address and telephone number. If you sign up to receive a newsletter, we will collect your email address. If you take advantage of special services offered by us, we may collect other personal information about you.
What We Do with That Information
Artphoric protects your privacy. Under no circumstances do we rent, trade or share your e-mail address with any other company for their marketing purposes. We use your personal information for internal purposes such as processing and keeping you informed of your order. You may, from time to time, receive information from us about new features, new services and special offers we think you’ll find valuable.The personal information that you give us when you place an order is used to process and fulfill your order. We also use your personal information for our own internal purposes, such as providing customer support or providing, maintaining, evaluating and improving our products and services. We partner with one or more credit card processing companies to assist us in processing your payment. However, those companies do not retain, share, store, or use personally identifiable information for any secondary purposes. We may disclose the personal and non-personal information of our customers to any successor-in-interest of ours, such as a company that acquires our business. We may need to disclose your personal information when required by law or when we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.
The Artphoric site may contain links to web sites operated by other companies. We are not responsible for the privacy practices of such other web sites. We encourage our users to be aware when they leave our site and to read the privacy statements of such other websites. This privacy statement applies solely to information collected by our website. We also collect “non-personal” information from you, such as your browser type, the URL of the previous web site you visited, your ISP, operating system, and your IP address. “Non-personal” information cannot be easily used to personally identify you. We may use your non-personal information to help diagnose problems with our server and to administer our website. Your non-personal information may also be used to gather broad demographic information and to recognize customer traffic patterns and website usage. This information aids us in developing the design and layout of the website to give our users the best web experience possible.
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
We have partnered with PayPal Pro. PayPal has set the standard for security of online ecommerce transactions. You can read more about PayPal’s security measures at PayPal.com
We follow generally accepted industry standards to protect the personal information submitted to us from unauthorized access or disclosure, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.
Changing Your Information
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation, visitation and shopping in our site following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraudulent activities are highly monitored in our site and if fraud is detected Artphoric Studio shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD 2,000 or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.
This Agreement shall be governed by and construed in accordance with the substantive laws of California, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of California, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.