By accessing or using this Website you agree to be bound by these Terms. The Terms are meant to protect all of our Website visitors and your use of this Website signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time. So you should review these Terms each time you visit the Website. Continuing to use the Website after we make any modifications, alterations or updates constitutes your acceptance of those modifications, alterations or updates, and your agreement to be bound by such revised Terms. If, for any reason, any term is deemed unenforceable, invalid or void, then that term shall be deemed severable and the remaining terms shall be in full force and effect.
Copyright All of the content on this Website, including but not limited to all Website content, information, images, graphics, photos, pictures, designs, headings, text, descriptions, and other material (Contents) is our property and is protected by United States and international copyright laws, and all rights thereto are specifically reserved. The use of this Website or the purchase of any product or service from us does not provide the user or purchaser with any copyright or intellectual property right in the product, service, or Website in whole or in any part, nor does it confer by implication, estoppels or otherwise any ownership right to this Website as a whole, or as a part of this Website. All software programs on this Website are our property or that of our suppliers and are protected by copyright laws. All of the Content on this Website is copyrighted as a collective work under U.S. copyright laws and we own the copyright and in the selection, coordination, arrangement, presentment and enhancement of this Content. You are not permitted to modify, remove, delete, publish, transmit, reproduce, duplicate, copy, sell, resell, display, reverse engineer, disassemble, or decompile any programs or technology used on this Website, license or otherwise exploit this Website Content or any part of its Content, nor may you partake in the sale or creation of derivative or adaptive works from this Website Content as a whole or in any part, or assist another person or entity in conducting activities that are not permitted by these Terms. This Website and its Contents are solely intended for personal, non-commercial use for the purpose of shopping, browsing and ordering products and services. All other uses are prohibited, unless express written permission is granted from Art Oyster LLC.
Conduct and Information
You agree that you will be responsible for the content of comments you make on this Website and any other social media websites, pages, or sites of Art Oyster LLC. You additionally agree that you will not make any comments, posting, suggestions, notes, messages, submissions that are unlawful, defamatory, abusive, obscene, sexually explicit, fraudulent, threatening, hateful, harassing, contain profanity, an invasion of privacy, libelous or otherwise objectionable, as such behavior is prohibited on this Website. You further agree to hold harmless and indemnify Art Oyster LLC, its officers, directors, shareholders, and employees, and its subsidiaries, its affiliates, and their respective officers, directors, shareholders, and employees from and against any and all claims, damages, costs, expenses, losses, and attorney’s fee, from or related to your comments on this Website.
Testimonial and Photograph Release
You agree that any comments made, submitted, posted, or added by you to us related to your use of our Website and/or products or services (Comments), shall become and remain our property, and said comments by you will be treated as non-confidential and non-proprietary and Art Oyster LLC will be entitled to use, reproduce, edit, disclose, change, amend, modify, adapt, display, distribute and publish any Comments made, submitted, posted, or added by you for any possible purpose, including but not limited to, marketing, promotional materials, websites, testimonials, ads, and similar materials, which we may place, design, or generate, without any restriction or compensation to you. You also agree that we have the right to use your name, city, state/province and/or country with your Comments. Any Comments you make, submit, post, or add shall signify an assignment of all the rights and interests in any and all copyrights to said Comments. For any photograph, picture or image you send to us, you represent that you are the photographer, maker, author, creator or designer, or you have obtained the copyright ownership of the said photograph, picture or image. Additionally, if a photographer, maker, author, creator or designer was hired or paid by you to produce the said photograph, picture or image, you represent that you own the copyright or license necessary for you to have the said photograph, picture or image reproduced. You also represent that you have obtained separate photo releases from every person that is in the photograph, picture or image, and you further allow us to use this photograph, picture or image to paint an oil painting. You further agree to hold harmless and indemnify Art Oyster LLC, its officers, directors, shareholders, and employees, and its subsidiaries, its affiliates, and their respective officers, directors, shareholders, and employees from and against any and all claims, damages, costs, expenses, losses, and attorney’s fee, from or related to damages or losses from any photographs, pictures or images you sent us.
All pricing on our website is subject to change without prior notice. Prices on our website are solely for website orders. At any time and for any reason, we reserve the right to cancel, limit or refuse to process an order or orders, even if a confirmation has been sent or a credit card or debit card has been charged. If you order is cancelled and your card has been charged, we will quickly refund your credit card or debit card. All prices on this Website are in US Dollars.
We have highly skilled and experienced artists who are able to beautifully paint any genre of oil painting. Since the paintings are hand-painted and not machine generated on an assembly line and because different computer screens may have different depictions of colors, there may be a slight variation. Our artists do their best to paint the oil paintings as close to the Website as possible, but we cannot warrant that any product or service description is completely accurate without errors. If a product or service, or color of a product or service that you receive from us is not that same as described or illustrated on our website, your sole remedy is that you may return to us the item purchased within 30 days of receipt for a refund of your purchase price minus shipping and handling costs when the order was originally shipped. Please see the Return Policy section within these Terms for more detailed information.
If for any reason you are not completely satisfied with your oil painting purchase you may return your purchase to us within 30 days of receipt and receive a refund of your purchase price minus shipping and handling costs (when the order was originally shipped), or you may return your oil painting purchase and receive a free replacement oil painting(s). Returns must be sent back by you in the original packaging with freight prepaid. Please contact us by phone or by e-mail for return instructions. Oil paintings that have been altered in any way cannot be returned. Custom orders, such as personalized portraits, custom sizes, oil paintings not found on our website or custom changes can only be returned for store credit to select another oil painting(s). Custom framed or altered oil paintings cannot be returned. Oil paintings that are framed or stretched are considered final sales, and oil paintings sizes 36" x 48" or larger are considered final sales since these are items that we normally do not carry in stock and are painted on demand for each customer. Customs fees and import duties and taxes applicable to international orders (orders outside the United States) are non-refundable.
Account and Password
If you setup an account when using this Website, you are responsible for maintaining the confidentiality of your information, your password and restricting/controlling access to your computer and password. You agree to accept responsibility for all actions that take place with your account or password. We reserve the right, at our sole option, to decline service, close your account, edit or delete the content of your account.
Termination of Use
Our website may contain links to other websites. We try to link only to websites that share our high standards and respect for privacy, however we are not responsible for the content or the privacy practices of other sites. We do not sponsor, endorse or control any third party linked website and you agree that we are not responsible or liable for any contents on any other website, and you further agree to hold harmless and indemnify Art Oyster LLC, its officers, directors, shareholders, and employees, and its subsidiaries, its affiliates, and their respective officers, directors, shareholders, and employees from and against any and all claims, damages, costs, expenses, losses, and attorney’s fee, from or related to your use of any third party link or website.
This website is intended for users 18 years of age or older. Therefore, we will not knowingly collect or use any information from someone under the age of 18 and we will not knowingly market to minors under the age of 18. Every time a product or service is purchased on our website, you certified that you are at least 18 years of age. If we become aware that we have received information from someone under the age of 18, we will remove that information from our database. Please be advised that parental controls devices are available from third party entities that restrict or limit the access to Content of this Website that may be inappropriate for minors. We have not evaluated these parental controls and advise you to research the suitability and effectiveness of any parental control software or filters, as we do not control any of these devices. You further agree to hold harmless and indemnify Art Oyster LLC, its officers, directors, shareholders, and employees, and its subsidiaries, its affiliates, and their respective officers, directors, shareholders, and employees from and against any and all claims, damages costs, expenses, losses, and attorney’s fees, from or related to your use of any parental control devices.
Intellectual Property Infringement Policy
We respect the intellectual property rights of others. If you have a good faith belief that any of the material on this Website violates your intellectual property rights, please notify us so our legal department can investigate and if appropriate, we will remove such infringing materials from our website and cease sales of the products of the infringing materials. Please notify us by submitting the following information to our legal department:
- A physical or electronic signature of the owner having the exclusive right that is allegedly being infringed on, or a physical or electronic signature of the person authorized to act on behalf of the owner.
- An identification of the copyrighted work that is claimed to be infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that website.
- An identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available an email address at which the complaining party may be contacted.
- A statement that the complaining party that has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Art Oyster LLC
Att: Legal Department
9825 Marina Blvd., Suite 100
Boca Raton, FL 33428
This website is controlled and operated by Art Oyster LLC from its offices in the State of Florida. We make no representation that content in this Website is appropriate or available for use in other locations. If you choose to access this Website from other locations, you do so on your own initiative and are responsible for compliance with your local laws, if and to the extent local laws are applicable. By using this Website, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us related to the use of this Website. Your use of this Website constitutes your consent that any dispute related in any way to your use of this website shall be subject to the exclusive jurisdiction of courts of the State of Florida, and you consent to exclusive jurisdiction and venue in such court. If any of the provisions of these Terms shall be deemed unlawful, void or for any reason unenforceable, then the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Disclaimer of Warranties and Limitation of Liability
This Website and the Contents of this Website are provided on and “as-is” and “as available” basis. Art Oyster LLC, its officers, directors, shareholders, and employees, and its subsidiaries, its affiliates, and their respective officers, directors, shareholders, and employees, make no representations or warranties of any kind, express or implied, with respect to this Website and the Contents of this Website, which include, but are not limited to representations and warranties of any products, services or Content on this Website, that use this Website will be error and omission free and uninterrupted, that information on this Website will be accurate, current or complete, or dependable, and that this Website, web servers, and email are free of viruses, Trojan horses or the like. Art Oyster LLC, its officers, directors, shareholders, and employees, and its subsidiaries, its affiliates, and their respective officers, directors, shareholders, and employees expressly disclaims warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, warranties of fitness for a particular purpose, and warranties of title.
You expressly agreement under no circumstances shall Art Oyster LLC, its officers, directors, shareholders, and employees, and its subsidiaries, its affiliates, and their respective officers, directors, shareholders, and employees be liable for any direct, indirect, incidental, special, consequential, or punitive damages or consequential losses or damages of any kind or nature, including but not limited to, damages from errors, omissions, interruptions, defects, viruses, dependence on information from this Website, income lost, or data lost theft, unapproved or unlawful access of our records, or destruction, from or related to the use or inability to use this Website. This limitation of liability shall apply whether from an action in law, including but not limited to contract, negligence, or tort, or in equity, even if an Art Oyster LLC officer, director, shareholder, or employee, or its subsidiaries, its affiliates, and their respective officers, directors, shareholders, and employees have been advised of or should have known of the possibility of such damages. If any jurisdiction finds any of this limitation of liability to be invalid or unenforceable, then the liability shall be limited to the fullest extent permitted.
Entire Agreement and General Information
These Terms constitutes the entire agreement between you and Art Oyster LLC related to the provisions herein and governs you use of our Website. These Terms supersedes any prior written and oral agreements and prior versions of these Terms between you and Art Oyster LLC regarding your use of our Website or our products and services. You may also be subject to additional terms that may apply when you purchase our products and services. If, for any reason, any term is deemed unenforceable, invalid or void, then that term shall be deemed severable and the remaining terms shall be in full force and effect. Headers: The titles and headings on all paragraphs herein, are for ease and reference, and shall not be used in the interpretation of any of the terms of this agreement. Waiver and Granted Exceptions: In the event we do not enforce or exercise any provision of this agreement, it shall not constitute a waiver of said provision of these Terms, and shall not waive our rights to enforce or exercise said provision or any other provision in these Terms in the future or to any remedy afforded in these Terms.
Art Oyster LLC may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound. Thank you for taking the time to read all of this important information.