Terms of service
Last Revised: November 17, 2020
Welcome to adamstonefineart.com. This website (the “Site”) is operated by Adam Stone Originals. Adam Stone Originals offers this Site, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. As used in these Terms & Conditions, “Adam Stone Originals”, "Adam Stone Fine Art", “adamstonefineart.com”, "us", "we" or “our” refers to Adam Stone Originals and its subsidiaries and affiliates.
By visiting the Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink on our Site. Please read them carefully. If, at any time, you do not accept all of these Policies, you must immediately stop using the Site.
These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be a user of the Site.
We reserve the right to update, change or replace any or all of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including, but not limited, to copyright laws.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to our Service.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, video, data compilations, software, and other material (collectively "Content") is owned or licensed property of Adam Stone Fine Art or its content suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Adam Stone Fine Art and is protected by U.S. and international copyright laws. Adam Stone Fine Art and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
TRADEMARKS
The trademarks and trade dress used on our Site may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Adam Stone Fine Art or its content suppliers or licensors. All other trademarks not owned by Adam Stone Fine Art or its content suppliers or licensors that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Adam Stone Fine Art or its content suppliers or licensors.
LICENSE AND SITE ACCESS
Adam Stone Fine Art grants you a limited license to access and make personal use of this Site and its Content and not to download (other than page caching), print, copy or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its Content: any collection and use of any product listings, descriptions, or prices: any derivative use of this Site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. As a condition of your use of this Site, you warrant to Adam Stone Fine Art that you will not use the Site or its Content for any purpose that is unlawful or prohibited by these Terms.
PRIVACY
Please review our Privacy Policy, which also governs your use of the Site, to understand our practices and the choices you can make about the way your Personal Information is collected and used.
YOUR MEMBERSHIP ACCOUNT
If you use this Site, you will have the opportunity to create an account. If you opt to create an account, your login information is for your personal use only and 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. If you are under 18, you may use our Site only with involvement and approval of a parent or guardian. Adam Stone Fine Art and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMENTS, EMAILS, AND OTHER CONTENT
If you publish any information relating to this Site through any social media, unless we indicate otherwise, you grant Adam Stone Fine Art and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Adam Stone Fine Art and its associates and sublicensees the right to use the name, accompanying text, social media handle and any images from your social media accounts (e.g. Instagram™) that you publish in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Adam Stone Fine Art or its associates for all claims resulting from content you supply.
Further, if you submit, without a request from us, any creative ideas, suggestions, proposals, plans, or other materials (collectively, “Other Content”), whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use the Other Content in any medium. We are and shall be under no obligation to (1) pay compensation for; (2) respond to; or (3) maintain in confidence this Other Content.
TRANSACTIONS
If you wish to purchase any product or service made available through this Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) PROVIDED TO US IN CONNECTION WITH YOUR TRANSACTIONS. By submitting such information, you grant to Adam Stone Fine Art the right to share such information with third parties for the purpose of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By completing a Transaction with us, you represent that the products or services purchased will be used only in a lawful manner and are subject to the Returns & Exchanges policy outlined on the Site.
Adam Stone Fine Art reserves the right, with or without prior notice, to do any one or more of the following to any person, geographic region or jurisdiction: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any discount, discount code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Adam Stone Fine Art does not offer additional discounts on large Transactions of a single item or on large Transactions of many individual items. In addition, we reserve the right to limit quantities on Transactions placed by the same account, on Transactions placed by the same credit card, and on Transactions that use the same billing or shipping address. We will notify you if such limits are applied. Adam Stone Fine Art reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them. Acknowledgement of a Transaction means only that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.
Adam Stone Fine Art or our agents may call or email you regarding your account or your Transactions. You agree that we may place such calls using an automatic dialing/announcing device. You agree that we may make such calls to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
RISK OF LOSS
All Transactions on this Site are made pursuant to a shipment contract and the risk of loss and title for all products purchased pass to you upon our delivery to the carrier.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Adam Stone Fine Art and its associates attempt to be as accurate as possible when adding product descriptions to the Site. However, Adam Stone Fine Art does not warrant that the Content on the Site is accurate, complete, reliable, current, or error-free. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are provided for general information and are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Site. If a product offered by Adam Stone Fine Art itself is not as described, your sole remedy is to return it in unused condition according to the Returns & Exchanges policy outlined on the Site.
LINKS TO THIRD-PARTIES WEBSITES
This Site may contain links and interactive functionality to third party tools and websites (collectively “Third-Party Services”) over which we neither monitor nor have any control nor input, including social sites and product manufacturers’ sites. You acknowledge and agree that we provide access to such Third-Party Services “as is” and “as available” without any warranties, representations, or conditions of any kind and are not responsible for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Third-Party Services. The links and interactive functionality for Third-Party Services on the Site do not constitute an endorsement by Adam Stone Fine Art and we shall have no liability whatsoever arising from your use of such Third-Party Services. Other sites may link to the Site with or without our authorization, and we may block any links to or from this Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ADAM STONE FINE ART ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADAM STONE FINE ART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ADAM STONE FINE ART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADAM STONE FINE ART DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ADAM STONE FINE ART WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADAM STONE FINE ART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting this Site, you agree that the laws of the state of California, and the laws of the United States, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Adam Stone Fine Art or its associates.
DISPUTES
Any dispute relating in any way to your visit to this Site or to products you purchase through the Site shall be submitted to confidential arbitration in the state of California, in the United States of America, except that, to the extent you have in any manner violated or threatened to violate Adam Stone Fine Art, its content suppliers or licensors’ intellectual property rights, Adam Stone Fine Art may seek injunctive or other appropriate relief in any state or federal court in the state of California, in the United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
INDEMNIFICATION
As a condition of the use of this Site, you agree to defend, indemnify, and hold harmless Adam Stone Fine Art and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms, or any User Content submitted by you.
MODIFICATIONS, ENTIRE AGREEMENT, AND SEVERABILITY
These Terms of Service, along with the other policies and operating rules posted by us on the Site (collectively, “Policies”), constitute 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 Policies). Please read them carefully. You continued use of the Service will be deemed as acceptance of these Policies as modified. If any of the provisions of these Policies shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Further, the failure of us to exercise or enforce any right or provision of these Policies shall not constitute a waiver of such right or provision.
You can review the most current version of these Terms of Service at any time on this page.
Adam Stone Fine Art reserves the right, at our sole discretion, to update, change or replace any or all of these Terms of Service by posting updates and changes to the Site, or to discontinue, temporarily or permanently, the Site and any or all of our Services or Policies, at any time, with or without prior notice. It is your responsibility to check the Site periodically for changes.
CONTACT US
Questions or concerns regarding Adam Stone Fine Art, our Policies, or use of this Site can be directed to our support staff by clicking on the "Contact Us" link in the Site menu. Additionally, you may contact us by email at info@adamstonefineart.com or by mail at 7009 Orion Avenue, Los Angeles, California, United States. Please send us a detailed description of your specific question, request or complaint and we will do our best to resolve it.