Terms and Conditions.


Please read these Terms and Conditions carefully before using this site. By accessing or using this site, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you should not use this site.

You represent that you are over the age of 18 or are accessing this site with permission and supervision of a parent or guardian.

Sections:

User Accounts

Feedback and Comments

Copyright

Purchase of Products or Services

Limitation of Liability

Links to Third Party Sites

Governing Laws

Dispute Resolution

Accuracy of Information

Prohibited Uses

Indemnification, Severability, and Termination

Changes to Terms

Contact

User Accounts:

When you create an account on this website, you must provide us information that is accurate, complete, and current at all times so that you may be easily reached and in order to process orders efficiently. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our site. If you wish to terminate your account, you may contact us via email at leannebyronart@gmail.com or through our contact page.

You are responsible for safeguarding the password that you use to access services on this site and for any activities or actions under your password, whether your password is with our service or a third-party social media service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Feedback and Comments:

If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, or if you send certain specific submissions (for example contest entries) 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

  • to maintain any comments in confidence

  • to pay compensation for any comments

  • to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the services on this 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.

We may - but have no obligation to - monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, or otherwise objectionable or that violates any party’s intellectual property or these Terms. Although we will diligently work to keep this website secure and free of bugs and viruses, we cannot guarantee they will not happen. You are responsible for configuring your information technology, computer programs and platform to access the website and to use your own virus protection software.

Copyright:

All artwork and written content on this site is the sole property of Leanne Byron (unless otherwise noted) and is protected under Copyright laws, even after sale. The images of artwork and contents of this website may not be reproduced, copied, manipulated, sold, resold or otherwise used without the written permission from Leanne Byron. All rights reserved. 

Leanne Byron Art LLC also retains the right to make reproductions in the form of prints and printed products of all original artwork created by Leanne Byron before or after sale, including commissioned paintings. The purchaser of such paintings will own the artwork itself, but not the rights to reproduce the artwork in any form. Images of artwork that has been purchased and is posted or printed in a third party publication must include the title of the painting and artist’s name. 

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on this site infringes a copyright or other intellectual property of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been reproduced in a way that constitutes copyright infringement that is taking place on this site, please reach out at leannebyronart@gmail.com or though the contact page and include in your notice a detailed description of the alleged infringement. 

Upon receipt of a notification, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the site.You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

Purchase of Products or Services:

Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Leanne Byron Art LLC makes every effort to protect your information and we do not retain payment information as purchases you make will be processed through Payment Processing Systems. Your information (not including credit card information), may be transferred unencrypted and involve

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. Please see our privacy policy for information about how your data is collected and stored. 

All artwork is sold "AS IS" and "AS AVAILABLE" without guarantee or warranty of any kind, either express or implied. Certain products and services may have limited qualities and we reserve the right to limit the quantity of or discontinue products or services at any time and without notice. 

Artwork posted for sale on this website may be removed at any time and without notice to you by the artist for any reason, including sale of the artwork elsewhere or withdrawal for exhibition or the artist’s use. 

Every effort has been made to display as accurately as possible the colors and size of our products that appear in our store. We cannot guarantee that your computer monitor's display of any color will be accurate due to variations between browsers, devices, and screen settings and we do not guarantee that the quality of any product or service will meet your expectations once you receive it. Variation in color between the image(s) on our site and the actual artwork or your misunderstanding of size are not valid reasons for return. Still, we acknowledge that online shopping is difficult and if you would like to request more images of a product, that may be handled on a case-by-case basis by emailing us at leannebyronart@gmail.com. Please see our shipping and returns policy for more information. 

Prices and descriptions for our products are subject to change without notice. Any offers made on this site are void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products or services offered on this site.

We reserve the right to refuse service to anyone for any reason at any time. 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.

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 this site will be accurate or reliable.

We may from time to time remove services on this website for indefinite periods or cancel services at any time, without notice to you.

To the maximum extent permitted by applicable law, in no event shall Leanne Byron Art LLC, employees, affiliates, agents, contractors, interns, service providers, licensors or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, special or consequential damages of any kind, including without limitation: lost profits, lost revenue, lost savings, loss of data, loss of privacy, replacement costs, or any similar damages arising out of or in any way related to the use of or inability to use the site, or products procured using the site.

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.

Links to Other Websites:

Our website may contain links to third-party websites, products, tools, or services that are not owned, operated, or controlled by us. If you click on a third party link, you will be directed to that third party’s website. 

We strongly advise you to read the Terms and Conditions and Privacy Policies of any third-party web sites or services that you visit and only use those that you trust and approve of. Complaints, claims, concerns, or questions regarding third-party products or websites should be directed to the third-party.

Governing Laws:

These Terms and Conditions and any separate agreements whereby Leanne Byron Art LLC provides you services is governed by and construed in accordance with the laws of the state of Ohio and the USA. 

Resolution of Disputes:

If you have any concern or disputes about something posted on this website, you agree to first try to resolve the dispute informally by contacting us via email at leannebyronart@gmail.com or via the contact page of this site.

Accuracy of Information:

The content on this site is provided for general information and may include personal opinions. Information posted on this site should not be solely relied upon or used as the basis for making decisions without consulting more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 

Occasionally information on our site may contain 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 modify the contents of this site at any time, but we have no obligation to update any information on our site except as required by law. In the event that it is necessary, we reserve the right to cancel orders if any information in the site is inaccurate at any time without prior notice (including after you have submitted your order).

PROHIBITED USES:

In addition to other prohibitions as set forth in the Terms and Conditions, 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 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

(k) to interfere with or circumvent the security features of this website, other websites, or the Internet. We reserve the right to terminate your use of this site for violating any of the prohibited uses.

Indemnification, Severability, and Termination:

You agree to indemnify, defend and hold harmless Leanne Byron Art LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees 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.

If any provision of these Terms is determined to be unenforceable, invalid, or unlawful, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

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 site (or any part thereof).

Changes to These Terms and Conditions:

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

We reserve the right 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. If you do not agree to the new Terms, in whole or in part, please stop using the website and its services. No specified update or refresh date applied on the site should be taken to indicate that all information has been modified.

Contact Us:

If you have any questions about these Terms and Conditions, you can contact us:

Our Terms and Conditions were last updated on 13 November, 2023