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Terms & Conditions
Effective Date: October 1, 2024
Welcome to Albie's Art. By accessing or using our website, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully before using our website or purchasing our products.
1. Acceptance of Terms
By using this website and the services provided by Albie's Art, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy and any other applicable guidelines.
2. Intellectual Property and Fair Use
All content on the Albie's Art website, including artwork, designs, graphics, text, and digital assets, is protected by copyright, trademark, and other intellectual property laws.
Fair Use Act: Albie's Art respects the rights of others and complies with the Fair Use Act. Any use of copyrighted material, including but not limited to parody, commentary, educational content, or transformative work, is intended to be in line with the legal framework established by fair use. All copyrighted material is used without the intent to infringe upon the original creators' intellectual property rights.
Transference Clause for Intellectual Property: When purchasing custom artwork or commissioning designs from Albie's Art, the intellectual property rights associated with the original artwork, including its copyright, remain with Albie's Art, unless a formal transfer of rights has been expressly agreed upon in writing. However, the client is granted a limited license to use the artwork for personal or commercial purposes, depending on the terms of the sale or agreement. This license does not extend to redistribution, resale, or reproduction of the artwork in any way that violates the original artist's intellectual property rights without express written permission.
3. Use of Website
You agree to use the website in a lawful manner and in compliance with all applicable regulations. You are prohibited from using the website or its content:
For any unlawful or fraudulent purpose;
To infringe on the intellectual property rights of Albie's Art or third parties;
To copy, modify, reproduce, republish, or distribute any content from the website without prior written consent from Albie's Art.
4. Orders and Payment
When placing an order with Albie's Art, you agree to provide accurate and complete information. We reserve the right to refuse or cancel any orders for any reason, including errors in product descriptions, pricing, or issues regarding payment processing.
Payment: Payments are due at the time of purchase. We accept various secure payment methods, and your personal and payment information is safeguarded according to industry standards.
Cancellations and Refunds: Orders may be canceled before they are processed. Please refer to our Return Policy for details on cancellations and refunds.
5. Licensing and Custom Artwork
When commissioning custom artwork from Albie's Art, you will receive a license for personal or commercial use, as specified during the transaction. The scope of this license will be detailed in the contract or agreement.
Exclusive License: If an exclusive license is granted, the artwork may not be reproduced or used by others without permission.
Non-Exclusive License: In cases where a non-exclusive license is provided, Albie's Art retains the right to use and reproduce the artwork for other purposes.
Unless otherwise agreed upon in writing, you may not sub-license, resell, or redistribute the custom artwork created by Albie's Art.
6. Limitation of Liability
To the fullest extent permitted by law, Albie's Art shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of this website or the purchase of any products or services. This includes, but is not limited to, loss of data, interruptions, or errors in accessing the website.
7. Amendments to Terms
Albie's Art reserves the right to modify or update these Terms and Conditions at any time. Any changes will be posted on this page, with the updated effective date. It is your responsibility to review the terms regularly.
8. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of United States of America. Any disputes arising from or related to these terms will be subject to the exclusive jurisdiction of the courts of Osceola County, Florida.
9. Contact Us
If you have any questions about these Terms and Conditions or your rights regarding intellectual property, please contact us at:
Albie's Art
Kissimmee, FL 34746
albiesart@gmail.com
(863) 438-1421
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