Terms of service

OVERVIEW

Welcome to Splattered Paint Studios! The terms "we", "us" and "our" refer to Splattered Paint Studios. Splattered Paint Studios operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Splattered Paint Studios is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1: ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2: OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device, display settings, photography and lighting.

Original artwork is handmade and one-of-a-kind. Variations in texture, brushwork, surface and other characteristics are inherent to original artwork and are not considered defects.

We do not warrant that the appearance or quality of products or services purchased will exactly match how they are depicted or rendered online.

All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product and may limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. Splattered Paint Studios reserves the right to accept or decline an order at its discretion.

Your order is not accepted until Splattered Paint Studios confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted.

If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing information and/or phone number provided with the order.

Purchases are subject to our Returns & Refunds Policy.

You represent and warrant that your purchases are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4: PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will appear in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.

Prices offered online may differ from prices offered at physical events, galleries, exhibitions, marketplaces or other sales channels.

We may periodically offer promotions governed by separate terms and conditions. If promotion terms conflict with these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information.

You represent that payment information provided is accurate, that you are authorized to use the payment method provided and that you will pay all applicable charges associated with your purchase.

SECTION 5: SHIPPING AND DELIVERY

All delivery times are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, severe weather or other circumstances outside our reasonable control.

Please review our Shipping Policy for additional information regarding processing, shipping, tracking and delivery.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, audio, artwork imagery and the design, selection and arrangement thereof, are owned by Splattered Paint Studios, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without prior written consent except as permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants a license or other intellectual property rights belonging to Splattered Paint Studios, Shopify or any third party.

Splattered Paint Studios names, logos, product and service names, designs and slogans may not be used without prior written permission. Shopify's names, logos, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, product and service names, designs and slogans appearing through the Services belong to their respective owners.

Purchasing an original artwork, print or other physical product does not transfer copyright, reproduction rights or other intellectual property rights to the purchaser.

Unless prior written permission is provided by Splattered Paint Studios, artwork may not be reproduced, distributed, licensed, commercially exploited, minted as an NFT, used to create derivative commercial works, or used to train artificial intelligence or machine-learning systems.

All copyright and reproduction rights remain with the artist unless otherwise agreed to in writing.

SECTION 7: OPTIONAL TOOLS

We may provide access to tools offered by third parties as part of the Services that we neither monitor nor control.

Access to these tools is provided "as is" and "as available" without warranties, representations or conditions of any kind.

Use of optional third-party tools is at your own risk and discretion. You should review and understand the applicable third party's terms before using its services.

Future features, tools and resources offered through the Services will also be subject to these Terms.

SECTION 8: THIRD-PARTY LINKS

The Services may contain links to websites or functionality provided by third parties.

We are not responsible for examining or evaluating the content, accuracy, privacy, security or practices of third-party websites you choose to access.

Please review applicable third-party policies before engaging in transactions with them. Questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

Splattered Paint Studios is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are made directly with Splattered Paint Studios. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Splattered Paint Studios, including injury, damage or loss resulting from purchased products and services.

You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to purchases and transactions with Splattered Paint Studios.

SECTION 10: PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy and, where applicable, Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to access to and use of the Services in order to provide and improve those Services.

Information submitted through the Services may be transmitted to Shopify and other service providers as necessary to operate the store and provide services.

Please review our Privacy Policy for additional information.

SECTION 11: FEEDBACK

If you voluntarily submit feedback, reviews, suggestions or other content regarding our Services, you represent that you have the necessary rights to provide that content and that it does not violate the rights of another person.

We may use customer reviews and feedback to operate, evaluate, improve and promote the Services, subject to applicable law and our Privacy Policy.

We reserve the right to remove feedback or content that is unlawful, abusive, defamatory, obscene, misleading or infringes another person's rights.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, inventory or availability.

We reserve the right to correct errors, update information or cancel affected orders when reasonably necessary.

If we cancel a paid order because of a material pricing, inventory or listing error, the applicable payment will be refunded.

SECTION 13: PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable laws, infringe intellectual property rights, harass or harm another person, transmit malicious software, provide intentionally false or misleading information, collect personal information about others without authorization, send spam or interfere with the security or operation of the Services.

You may not reproduce, duplicate, copy, extract, sell, resell or exploit portions of the Services without authorization.

You may not use automated tools, scraping technologies or artificial intelligence systems to access, extract, reproduce or exploit artwork or other protected content in violation of these Terms or applicable law.

We reserve the right to restrict or terminate access to the Services for violations of these Terms.

SECTION 14: AGENTS

Any autonomous or semi-autonomous software agent accessing or interacting with the Services must identify itself appropriately and comply with technical and access restrictions established by the Services.

Agents may not conceal automated access, circumvent CAPTCHAs or other access controls, or bypass measures intended to restrict automated interaction.

We may limit or prohibit automated access to the Services.

SECTION 15: TERMINATION

We may terminate or restrict access to the Services when reasonably necessary, including for violations of these Terms.

Any obligations or liabilities incurred before termination remain enforceable.

Provisions that by their nature should survive termination, including intellectual property, limitation of liability and governing law provisions, will continue to apply.

SECTION 16: DISCLAIMER OF WARRANTIES

Except as expressly stated by Splattered Paint Studios and to the extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

We do not guarantee that use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in these Terms limits warranties or other consumer rights that cannot lawfully be excluded.

SECTION 17: LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Splattered Paint Studios will not be liable for indirect, incidental, punitive, special or consequential damages arising from use of the Services or products purchased through the Services.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

SECTION 18: INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Splattered Paint Studios, Shopify and their applicable affiliates, employees, contractors and service providers from third-party claims arising from your material violation of these Terms, applicable law or the rights of another person.

SECTION 19: SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law and the unenforceable portion will be severed without affecting the validity of the remaining provisions.

SECTION 20: WAIVER; ENTIRE AGREEMENT

Failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and other terms incorporated by reference, constitute the agreement governing use of the Services.

SECTION 21: ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without prior written consent.

Splattered Paint Studios may assign its rights and obligations where permitted by applicable law.

SECTION 22: GOVERNING LAW

These Terms of Service and separate agreements through which Splattered Paint Studios provides Services are governed by applicable federal law and the laws of the State of Iowa, United States.

Nothing in this section limits consumer rights that apply under mandatory law.