Terms and Conditions
Terms and Conditions
The SallyEvansArt.com website (the "Site") is comprised of various web pages operated by Evans and Evans Studios and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms")
Your use of this site and SallyEvansArt.com and associated sites constitutes your agreement to all such Terms. Please read these terms carefully.
Sally Evans Art ( Evans and Evans Studios) offers fine art paintings, commissioned paintings, drawings, art reproductions such as art prints, courses, classes, workshops, retreats, art jewelry, digital downloads, and other products and services.
In some cases, I will provide affiliate links only for products and services I personally recommend.
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I may earn a fee from other affiliate commissions.
Rights to Artwork and Images
All artwork, images, and graphics are the sole property of Sally Evans and may not be used by any third party without written permission.
Copying or reproducing artwork created by Sally Evans as seen on SallyEvansArt.com or elsewhere) is strictly prohibited without written permission from the artist.
Sally Evans retains all rights to all artwork.
Once 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.
Sally Evans retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.
Sally Evans retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Sally Evans UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.
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 the interior which includes the artwork (such as social media, magazine, or book) must come with attribution (artwork title, ©Sally Evans). And optional but appreciated SallyEvansArt.com
All other uses must be agreed to in advance in writing.
Electronic Communications
Visiting SallyEvansArt.com or sending emails to Sally Evans 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 Sally Evans Art, or Evans and Evans Studios is not responsible for third party access to your account that results from theft or misappropriation of your account. Evans and Evans Studios and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Sixteen
If you are under 16, you may use this site only with permission of a parent or guardian.
Return Policy
See separate page for return policies
Links to Third Party Sites/Third Party Services
SallyEvansArt may contain links to other websites ("Linked Sites"). The Linked Sites are not under their control. Sally Evans Art or Evans and Evans Studios is not responsible for the contents of any Linked Site,
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sally Evans Art, Evans and Evans Studios or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
International Users
We operate in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.
Indemnification
You agree to indemnify, defend and hold harmless Sally Evans Art, Evans and Evans Studios, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Evans and Evans Studios reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Evans and Evans Studios in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. the parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Evans and Evans Studios agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Sally Evans Art, Evans and Evans Studios and/or its suppliers may make improvements and/or changes in the site at any time.
Sally Evans Art, Evans and Evans Studios and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Sally Evans Art, Evans and Evans Studios and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Sally Evans Art, Evans and Evans Studios and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise., Even if Sally Evans Art, Evans and Evans Studios or any of its suppliers has been advised of the possibility of damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Iif you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
Changes to Terms
Sally Evans Art, Evans and Evans Studios reserves the right, in its sole discretion, to change the Terms under which Sally Evans Art, Evans and Evans Studios is offered. The most current version of the Terms will supersede all previous versions.