Terms of Use

This website is owned and operated by James Deaton. These Terms set forth the terms and conditions under which you may use this website and services offered by us. This website offers original art, fine art reproductions of James Deaton's original art, and booking of private or group art lessons and, or workshops. By accessing and using this website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

In order to purchase any products or services on this website, you need to be at least 18 years of age and posses legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited under any applicable law or regulation applicable to you.

 

When buying an item, you agree that: (i) you are responsible for reading the full item description before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products displayed at any time, and to correct pricing errors that may inadvertently ocurr. Additional information about pricing and sales tax is available on the payments page.

 

For any undamaged product, simply return it with the original packaging along with the original receipt within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: products that have been altered in any way.

 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or created limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

The service and all materials therein or transferred thereby, including, without limitation, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of James Deaton. Except as explicitly provided herein, nothing in these Terms shall be deemed to created a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, adapt, edit or created derivative works thereof.

 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of the Terms or any applicable law or regulations.

 

You agree to indemnify and hold James Deaton harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against them by any third party due to or arising out of or in connection with your use of the website or any of the services offered on the website.

 

To the maximum extent permitted by applicable law, in no event shall James Deaton, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

To the maximum extent permitted by applicable law, James Deaton assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

We reserves the right to modify these terms from time-to-time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.


 

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time.

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United State of America / New Mexico, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Rio Rancho. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Effective date of the Terms of Use

September 29, 2018