Effective and Last Updated: 09-20-2022

Welcome to the PaulaLoomisArt.com website (the “Site”). It is comprised of various web pages operated by Paula Loomis. PaulaLoomisArt.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of PaulaLoomisArt.com constitutes your agreement to all such Terms. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to PaulaLoomisArt.com shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

RIGHTS TO ARTWORK AND IMAGES

All artwork, images, and graphics are the sole property of Paula Loomis and may not be used by any third party without written permission.

Copying or reproducing artwork created by Paula Loomis (as seen on PaulaLoomisArt.com or elsewhere) is strictly prohibited without written permission from the artist.

Paula Loomis retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business but the artwork may not be reproduced for profit without the written permission of Paula Loomis.

Paula Loomis retains all rights to the image of all artwork including the rights to the image of sold & commissioned original art.

Paula Loomis retains the right to make reproductions of any and all artwork created by Paula Loomis unless the collector has purchased the full or partial rights to the artwork in addition to purchasing the original artwork. Paula Loomis has the right to sell additional editions of all artworks to other buyers up to the specified edition limit for the artwork (unless the artwork is “open edition”). Edition limits apply to each skew (size, material etc.)

If you own an original artwork and would like to discuss purchasing further rights, displaying the work in a public space, or nullify my right to reproduce, please contact me here.

Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork.

Any image of an interior space that includes the artwork in a third party publication (such as social media, magazine, or website) must come with attribution (artist’s name, artwork title).

All other uses must be agreed to in advance in writing. Contact [email protected] for more information.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ORDERS AND PAYMENT SCHEDULE

Placing an order with Paula Loomis is an acceptance of these Terms and Conditions. All orders received by Paula Loomis and PaulaLoomisArt.com are irrevocable and unable to be altered.
All artwork or products remain the property of Paula Loomis until full payment is received. Paula Loomis reserves the right not to supply artworks where any payment from the Collector is overdue.

International Orders
Shipments outside of the United States may incur customs fees depending on the destination country. The fee may vary depending on your order value, country limits, and other factors based on the product itself. Customers are responsible for these fees. Any fees are to be paid to the appropriate customs agency by the customer.

COMMISSIONS

Original and digital art commissions are irrevocable and can not be altered by the Collector once the work has started. Please provide as much detailed information as possible prior to commencement of work (photos, size requirements, requests, examples etc.) Paula Loomis will take into account all the information provided prior to commencement of work but reserves the right to make all final creative decisions. For portrait paintings the final result will be influenced by the quality of reference photos provided. Work commences after payment. Commissions may not be available to order all year round or for immediate delivery; the schedule will be determined with each Collector individually.

RETURNS

All sales of original artwork, prints, products, and mechandise are final, except when otherwise agreed in writing by Paula Loomis within 7 days of receipt. Our goal is for you to be thoroughly happy with your purchase. If you do not reach out within 7 days, we will consider you satisfied and will be unable to arrange any returns past that point. If your purchase arrives damaged or has a defect, contact Paula Loomis at [email protected] with details (and photos if applicable) and no later than 7 days of receipt to report the issue.

DAMAGED OR LOST ART

We are not liable for any mishandling or failed delivery by the shipping and we are not liable for any damage incurred post-delivery. This is how we typically handle situations that fall outside of our control:

Damaged product or print: If your order is damaged in transit we are happy to handle this on a case by case basis with individual collectors who are able to provide details and documentation of the damage. Collectors may be asked to file a claim with the shipping service and/or the third party print on demand service. Collectors are responsible for shipping costs for replacements.

Not Delivered / Lost / Stolen: If your package is marked “Delivered” but you have not received it, please first check your confirmation email to ensure that you input the correct shipping address. We are unable to replace any order if the shipping address is incorrect. If the address is correct and you believe your package to have been lost, stolen, or if you missed the delivery, you must contact the shipping service personally. Unfortunately, we are unable to address any failed delivery or theft issues directly. We are unable to reprint any order for free that has been not delivered, lost, or stolen.

ARTWORK REPRESENTATION

Due to the nature of the print production process and variations in color calibration of monitors, screens and printers, the color and appearance of artworks, prints and products may vary from that of any images or samples provided. The Collector accepts the risk of such differences and Paula Loomis will not accept the return of such goods.

CARE AND HANDLING

Original art from Paula Loomis must be handled with utmost care. All artworks purchased must be protected from water, extremes of temperature, humidity, strong UV light and direct sunlight during transit, storage and once installed or displayed. Do not scratch, wet or scuff the artwork surface directly in any way. Occasional light dusting with a dry lint free cloth is the only cleaning recommended.

PRICING

Paula Loomis reserves the right to modify the advertised pricing for products, artworks, commissions and shipping at any time, based on change of costs, overheads, or any other circumstances.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

ELECTRONIC COMMUNICATIONS

Visiting PaulaLoomisArt.com or sending emails to Paula Loomis constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Paula Loomis is not responsible for third party access to your account that results from theft or misappropriation of your account. Paula Loomis reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy here.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Paula Loomis, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Paula Loomis, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 

CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms at any time at this page.

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 or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

CONTACT INFORMATION

If you have any questions or concerns regarding these Terms and Conditions please contact us by sending an email to [email protected].