Terms of Service
Ownership and Intellectual Property
Ownership Statement: All artwork displayed or sold on this website ("the Website") is the intellectual property of Monti Sharp ("the Artist" or "we"). The Artist retains all ownership rights, title, and interest in and to the artwork, including but not limited to copyright and any other intellectual property rights.
Copyright Protection: The artwork available on the Website is protected by copyright laws and international treaties. Customers acknowledge and agree that they are purchasing only the physical artwork and do not acquire any rights to reproduce, distribute, or create derivative works from the artwork without the Artist's explicit written permission.
License to Use: Customers are granted a limited, non-exclusive license to display the purchased artwork for personal, non-commercial use only. This license does not grant any rights for commercial use, reproduction, or distribution of the artwork without the Artist's prior written consent.
Prohibited Uses: Customers are prohibited from reproducing, modifying, or reselling the artwork without the Artist's express written permission. Unauthorized copying, scanning, or digital reproduction of the artwork is strictly prohibited and may result in legal action.
Copyright Infringement: Any unauthorized use or reproduction of the artwork constitutes copyright infringement. Customers agree to promptly report any instances of copyright infringement to the Artist. The Artist reserves the right to take legal action and terminate access to the Website for any individuals found to be infringing on intellectual property rights.
Attribution: Customers are encouraged to properly attribute the artwork to the Artist whenever it is displayed or shared publicly, including on social media or other online platforms.
Disclaimers: While every effort is made to accurately represent the colors and details of the artwork on the Website, variations may occur due to individual screen settings and printing methods. The accuracy of colors as displayed on customers' screens cannot be guaranteed.
Customer Rights and Responsibilities: By purchasing artwork from the Website, customers acknowledge and agree to respect the Artist's intellectual property rights and abide by the terms outlined in these Terms of Service.
Sales Terms
Pricing: All prices listed on the website are in US dollars and are exclusive of applicable taxes. Taxes will be added at checkout based on the customer's location.
Payment Methods Accepted: We accept payment via credit/debit cards, PayPal, and other specified payment methods. Additional fees may apply for certain payment methods.
Shipping and Handling: Shipping costs are calculated based on the customer's location and selected shipping method. Delivery times are estimated and may vary depending on shipping carrier and destination.
Delivery and Insurance: Artwork is carefully packaged and shipped to the address provided by the customer. Optional insurance for shipping is available at an additional cost. Customers can track their shipments using the provided tracking information.
Order Confirmation: Upon placing an order, customers will receive an email confirmation containing details of their purchase, including artwork title, price, shipping address, and estimated delivery date.
Order Cancellation: Orders may be canceled within 24 hours of purchase, subject to a cancellation fee. We reserve the right to cancel orders in the event of pricing errors or other unforeseen circumstances.
Availability and Substitutions: Artwork availability is subject to change and may be limited. We reserve the right to substitute similar artworks if a purchased piece becomes unavailable before shipment.
Returns and Refunds: See Return Policy.
Dispute Resolution: Any disputes arising from sales transactions will be resolved in accordance with California law and the jurisdiction of Los Angeles, CA.
Governing Law: These sales terms are governed by the laws of the state of California. By making a purchase on the website, customers agree to submit to the exclusive jurisdiction of the courts in Los Angeles, CA.
Terms Acceptance: Customers must acknowledge and accept these sales terms before completing their purchase on the website.
Shipping and Delivery Policies
Shipping Methods: I offer a variety of shipping methods to accommodate your preferences, including standard, expedited, and international shipping options. The carrier used for shipping will be specified during checkout.
Delivery Times: Estimated delivery times vary based on the selected shipping method and your location. I strive to provide accurate delivery estimates, but please note that delivery times may be subject to carrier delays and other unforeseen circumstances.
Shipping Costs: Shipping costs are calculated based on the selected shipping method, the destination, and the size/weight of the artwork. Shipping costs will be clearly displayed during the checkout process.
Responsibilities of My Studio/Gallery:
I take great care to securely package your artwork to prevent damage during transit.
I provide accurate tracking information once your order has shipped and monitor shipments to ensure timely delivery.
Responsibilities of the Customer:
Please ensure that the shipping information provided is accurate and up-to-date, including the recipient's name, address, and contact information.
Please be available to receive the delivery or make arrangements for someone else to receive it on your behalf.
Insurance: Optional insurance for shipping is available to cover any potential damages or losses during transit. The cost of insurance and coverage details will be provided during the checkout process.
International Shipping:
International customers are responsible for any customs duties, taxes, or import fees that may apply to their shipment.
Please check your country's import regulations and restrictions before placing an order.
Local Pickup:
I offer the option for local customers to pick up their artwork directly from my studio/gallery, if feasible.
Details on the pickup location, hours of operation, and appointment scheduling will be provided upon request.
Returns Due to Shipping Issues:
In the event of shipping issues such as damaged or lost artwork during transit, please contact me promptly to initiate a return or file a claim with the shipping carrier.
Returns or exchanges will be processed in accordance with my return policy.
Delivery Confirmation:
You are required to confirm receipt of your delivered artwork to complete the transaction.
Please report any discrepancies or issues with the delivered artwork within 7 days of receipt.
Returns and Refunds: See Return Policy.
Privacy Policy: See Privacy Policy.
Dispute Resolution: See Dispute Resolution.
Limitation of Liability
The studio/gallery shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of goodwill, arising out of or in connection with the use of this website or the purchase of artwork.
In no event shall the studio/gallery's total liability to you for all damages exceed the total amount paid by you for the purchased artwork. This limitation of liability shall apply to the fullest extent permitted by law.
You agree that your use of this website and purchase of artwork is at your sole risk. You agree to indemnify and hold the studio/gallery harmless from any claims, damages, losses, or liabilities arising from your use of this website or purchase of artwork.
Governing Law and Jurisdiction
This Terms of Service agreement and any disputes arising from or relating to your use of this website or purchase of artwork shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any legal action or proceeding arising out of or relating to this agreement shall be brought exclusively in the state or federal courts located in Los Angeles, California, and each party irrevocably submits to the jurisdiction and venue of such courts.
Modifications to Terms of Service
We reserve the right to update or modify this Terms of Service (TOS) at any time without prior notice. Any changes will be effective immediately upon posting the updated TOS on this page. We encourage you to review this page periodically for any changes. Your continued use of the website after the posting of the updated TOS constitutes your acceptance of the changes.
Notification of Modifications
We may notify you of modifications or updates to the TOS through various methods, including but not limited to:
Email Notification: We may send an email notification to registered users or customers informing them of the updates to the TOS.
Website Notification: We may display a pop-up notification or banner on the website informing visitors of the changes to the TOS.
User Account Dashboard: We may provide a notification within the user account dashboard or settings section of the website alerting users to the changes in the TOS.
Agree to Updated Terms: We may require users to review and agree to the updated TOS before they can continue using the website or making purchases.
By using the website after modifications to the TOS, you acknowledge and agree to the updated terms. If you do not agree to the updated TOS, you must stop using the website and refrain from making any further purchases.