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1. Definitions

• "Website" refers to www.thefineartmedium.com.

• "We," "Us," "Our" refers to The Fine Art Medium.

• "You," "Your," "User" refers to the individual or entity accessing or using the Website.

• "Products" refers to any goods or services, materials, artworks, or other items available for purchase on the Website.

• "Content" refers to all text, images, graphics, logos, videos, audio, and other materials displayed on the Website.

2. Use of the Website

a. Eligibility: By using this Website, you represent that you are at least 18 years of age or are accessing the Website under the supervision of a parent or legal guardian.

b. Account Responsibility: If you create an account on our Website, you are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

c. Prohibited Conduct: You agree not to:

* Use the Website for any unlawful purpose or in any way that violates these Terms.

* Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

* Interfere with or disrupt the operation of the Website or the servers or networks connected to the Website.

* Transmit any worms, viruses, or any code of a destructive nature.

* Collect or store personal data about other users without their express consent.

* Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.

3. Products and Orders

a. Product Descriptions: We strive to be as accurate as possible in the descriptions of our Products. However, we do not warrant that Product descriptions or other Content on the Website are entirely accurate, complete, reliable, current, or error-free.

b. Pricing: All prices are listed in [e.g., USD] and are subject to change without notice. Prices do not include applicable taxes or shipping charges, which will be added to your order total at checkout.

c. Order Acceptance: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

d. Availability: All Products are subject to availability. We reserve the right to limit the quantity of Products we supply, and we may discontinue any Product at any time.

e. Payment: We accept various forms of payment as indicated on our Website. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website.

4. Shipping and Returns

a. Shipping: Shipping costs and estimated delivery times are detailed on our Shipping Policy page. We are not responsible for delays caused by shipping carriers or events beyond our control.

b. Returns and Refunds: Our return and refund policy is outlined on our Returns Policy page. Please review this policy carefully before making a purchase.

5. Intellectual Property

a. Ownership: All Content on this Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Fine Art Medium or its content suppliers and is protected by international copyright laws.

b. Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and make personal use of this Website. This license does not include any resale or commercial use of this Website or its Content; any collection and use of any Product listings, descriptions, or prices; any derivative use of this Website or its Content; any downloading or copying of account information for the benefit of another merchant; or any use1 of data mining, robots, or similar data gathering and extraction tools.

 

6. Disclaimer of Warranties; Limitation of Liability

a. "As Is" Basis: This Website and all Products and Content are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, Content, materials, or Products included on this Website.

b. No Guarantees: We do not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components.

c. Limitation of Liability: In no event shall The Fine Art Medium, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Website or any Products procured using the Website, or for any other claim related in any way to your use of the Website 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 Website or any Content (or Product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.2

 

7. Indemnification

You agree to indemnify, defend, and hold harmless The Fine Art Medium, its directors, officers, employees, affiliates, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms.

8. Governing Law and Jurisdiction

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of Delaware County, Pennsylvania, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within Delaware County, Pennsylvania for the resolution of any disputes arising out of or relating to these Terms or the Website.

9. Changes to Terms and Conditions

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms constitutes acceptance of those changes.3

 

10. Severability

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

11. Entire Agreement

These Terms and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website, 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 and Conditions).

12. Contact Information

Questions about the Terms and Conditions should be sent to The Fine Art Medium at emellianaleto@gmail.com, e.g., info@thefineartmedium.com or through our contact page or chat app.