Terms of service.
Welcome to Lewis Rossignol Art!
These are the terms and conditions for:
By visiting and using the website, you agree to be bound by these terms and conditions and our privacy policy. In these terms, the words "website" refer to the Lewis Rossignol Art website, "we", "us", "our" and "Lewis Rossignol Art" refer to Lewis Rossignol Art and "user", “client” and "you" refer to you, the user and client of Lewis Rossignol Art.
The following terms and conditions apply to the website and services offered by Lewis Rossignol Art. This includes the mobile and tablet versions as well as any other version of Lewis Rossignol Art accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY SERVICES, PRODUCTS OR INFORMATION FROM LEWIS ROSSIGNOL Art.
1. ACCEPTANCE OF TERMS
By visiting and using the website, you agree to be bound by this agreement. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modification to these terms and conditions when you use the website after such modification is posted; therefore, it is important that you review this agreement regularly.
Access to the website is available to all ages. It is the responsibility of parents and legal guardians to determine whether any of the content is appropriate for their children or minors under guardianship.
Lewis Rossignol Art may, in its sole discretion, refuse to offer the website to any user or person and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website and the Services is revoked in such jurisdictions. The website may only be used in accordance with these terms and conditions and all applicable local, national and international laws, rules and regulations.
By using the website, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. NEWSLETTER
By providing Lewis Rossignol Art with your email address, you agree that we may use your email address to send you notifications about the status of your order, important artwork communications, news and special content. We may also use your email address to send you notifications such as changes to service features, product news and special offers on artwork. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving e-mails about updates to your order and important news.
3. ARTWORKS
All artwork displayed on this website are original creations of Lewis Rossignol Art and are protected under copyright and other intellectual property rights. No artwork or material included on this website may be copied, modified, reproduced, sold, downloaded, published, transmitted, distributed or used for any purpose, by any person or entity, without the prior written permission of Lewis Rossignol Art. You may not copy, add to, delete, distort or modify any of the material contained in the artwork. Any unauthorized attempt to modify any material contained in the artwork for any purpose other than as intended is strictly prohibited and constitutes a violation of Lewis Rossignol Art's copyrights and intellectual property rights.
By placing an order for an artwork, you offer to purchase the artwork for the price advertised and indicated on the website at the time of purchase.
When a customer places an order for an artwork, Lewis Rossignol Art will send you an email in order to confirm the purchase and payment. This confirmation email will be produced automatically so that the user has the confirmation of his purchase and the details of the order.
We reserve the right to limit the number of units purchased by each user. Lewis Rossignol Art also reserves the right to limit sales of artwork on a regional or jurisdictional basis.
Lewis Rossignol Art may change or discontinue the availability of artwork at any time at its sole discretion. If an order for an artwork is cancelled, any payment made will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
4. PRICES
Lewis Rossignol Art reserves the right to determine the price of the artwork. Artwork prices and shipping charges are subject to change at any time based on the value of exchange rates.
Lewis Rossignol Art will make reasonable efforts to keep the price information posted on the website up to date. We encourage you to periodically check our website for updated pricing information.
We will always try to keep the prices of artwork on the website accurate. However, from time to time some pricing errors may occur, including, but not limited to, human, mechanical or similar errors. In the event an error in pricing is discovered, the customer will be informed of such error. The user will be given the option to reconfirm the order at the correct price. The user also has the option to cancel the order in the event that he/she is not satisfied with the correct price.
5. PAYMENTS
Payment for the artwork will be made through the payment methods and processors available on the website (PayPal and Stripe). The customer must pay the price of the artwork stipulated in the order before the artwork is shipped to the customer. Payment will be charged to the customer's credit/debit card or the customer's PayPal account immediately after placing the order for the corresponding artwork. Once the transaction has been processed, we will send you an electronic receipt of the transaction to the email address you provide.
If you find any inconsistencies in your billing, please contact us through our contact details or you can make the claim through the customer service of the relevant payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch, or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment details will be treated and safeguarded securely and for the sole purpose of processing the purchase of the products. Lewis Rossignol Art reserves the right to hire any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of products.
6. DISCLAIMER
By visiting the website and accessing the content available on the website (podcast), you accept personal responsibility for the results of the use of the information and content available on the website. You agree that Lewis Rossignol Art does not guarantee the results of actions advised or not advised by this website and the content available on the website. Lewis Rossignol Art provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the website will be the result of your own efforts, your particular situation and a number of other circumstances that are beyond Lewis Rossignol Art's control.
7. GENERAL COPYRIGHT
All materials on Lewis Rossignol Art, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Lewis Rossignol Art or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Lewis Rossignol Art are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Lewis Rossignol Art prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Lewis Rossignol Art or any part of the material for any purpose other than its intended purposes is strictly prohibited.
8. COPYRIGHT INFRINGEMENT
Lewis Rossignol Art will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Lewis Rossignol Art respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the Lewis Rossignol Art platform infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
A statement that specifically identifies the location of the infringing material, in sufficient detail so that Lewis Rossignol Art can find it on the website. Note that providing a top-level URL is not sufficient.
Your name, address, telephone number and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
9. PERSONAL DATA
Any personal information you post or submit in connection with the use of the website will be used in accordance with our privacy policy. By using the website, you agree that we may collect and store your personal information. Please see our privacy policy.
10. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, photos, graphics, video, icons or other material), as well as the infrastructure used to provide such content and information, is owned by Lewis Rossignol Art or licensed to Lewis Rossignol Art by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer or resell any information or services obtained through the website. In addition, the following activities are prohibited:
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of the services for any purpose without our express written permission.
"Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Lewis Rossignol Art in connection with the services.
Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
Download any content unless it’s expressly made available for download by Lewis Rossignol Art.
11. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet, Lewis Rossignol Art provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Lewis Rossignol Art for any loss or damage caused as a result.
Lewis Rossignol Art will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Lewis Rossignol Art excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Lewis Rossignol Art and Lewis Rossignol Art shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on the website.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.
Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Lewis Rossignol Art.
All representations, warranties, conditions and other terms which but for this notice would have effect.
12. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Lewis Rossignol Art for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
13. INDEMNIFICATION
You agree to defend and indemnify Lewis Rossignol Art from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the website.
14. CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
15. ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lewis Rossignol Art without restriction.
16. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by Lewis Rossignol Art, shall constitute the entire agreement between you and Lewis Rossignol Art concerning and governs your use of the website and the services.
17. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, shall be resolved by binding arbitration between the user and Lewis Rossignol Art, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the website or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Lewis Rossignol Art may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.
The courts of the United States shall have jurisdiction over any dispute, controversy or claim relating to Lewis Rossignol Art and its business operations. Any such dispute or controversy shall be brought in and resolved in the courts of the United States.
18. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these Terms.
Our compliance with these terms is subject to U.S. law and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or to information you provide to us or collect in connection with such use.
If any part of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
19. CONTACT INFORMATION
If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below:
Lewis Rossignol Art.
Email: art@lewisrossignol.com