Terms and Conditions

Last Updated Date: 11 Feb 2021

LORAINE MAGDA and LORAINE’S ART STUDIO (“LORAINE MAGDA”, “LORAINE’S ART STUDIO”, “we” or “our”) provides a service for purchasing original works of art and limited edition artist prints through our website, accessible at www.lorainemagda.com (the “Site“). Please read carefully the following terms and conditions (“Terms“) and our Privacy Policy also found on this website. These Terms govern your access to and use of the Site, and constitute a binding legal agreement between you, Loraine Magda and Loraine’s Art Studio.

You acknowledge and agree that, by accessing or using the site for purchasing Original Works of Art or Artist Prints on or through the site, you are indicating that you have read, understand and agree to be bound by these Terms, whether or not you have registered with the site. If you do not agree to these terms, then you have no right to access or use the site. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

LORAINE’S ART STUDIO reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will update the “Last Updated Date”.

Account Registration (Optional)

If you intend to make multiple purchases through the Site, you can first create an account (“Account“) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. LORAINE’S ART STUDIO reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify LORAINE’S ART STUDIO of any unauthorized use of your Account.

Purchases of Original Works of Art and Artist Prints

Prices for Original Works of Art or Artist Prints will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt.

When you purchase Original Works of Art or Artist Prints through the Site, LORAINE’S ART STUDIO will collect your billing and shipping information, process your payment and ship the Original Works of Art or Artist Prints directly to you.

LORAINE’S ART STUDIO has a No-Return Policy which applies to any Original Works of Art or Artist Prints that you have purchased through the Site. When you purchase Original Works of Art via the Site such purchases will be subject to these terms and conditions, which will be presented to you at the time of purchase.

Order Cancellations

LORAINE’S ART STUDIO reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site if LORAINE’S ART STUDIO determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site. If LORAINE’S ART STUDIO cancels an order placed via the Site, LORAINE’S ART STUDIO will send you an email confirmation of such cancellation and you will not be charged for your order.

Shipping

LORAINE’S ART STUDIO will be responsible for collecting billing and shipping information from you (the purchaser) and for processing payment for such purchases via the Site. LORAINE’S ART STUDIO will also be responsible for shipping the purchased Original Work of Art or Artist Print directly to the purchaser within fourteen days (the “Shipping Period”) following the conformation of payment in the listed bank account. LORAINE’S ART STUDIO will provide you with information regarding its preferred shippers with which LORAINE’S ART STUDIO maintains an account.

Shipping cost are calculated according to an accurate shipping weight or volumetric weight, shipping dimensions and the shipping address, and these costs are added to the amount charged, as a separate charge.

Handling

Handling includes the cost of packaging and crating, which you the purchaser is responsible for.  If you are a purchaser of Original Works and/or Artist Prints, you acknowledge that LORAINE’S ART STUDIO will add these costs to the amounts charged, as a separate charge. LORAINE’S ART STUDIO will endeavor to provide the best means of packaging for your purchases.

Promotions

You acknowledge that LORAINE’S ART STUDIO reserves the right to promote and market Original Works of Art and/or Artist Prints through the use of sales, discounts, raffles, contests and similar promotions (collectively, “Promotions“) through the Site. The sale or discount amount will apply to the listing price of Original Works of Art and/or Artist Prints, only for the period of the promotional campaign. You will not be entitled to these promotional benefits once this period has expired.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added (“VAT“), goods and services (“GST“) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes“).

If you are a purchaser of Original Works and/or Printed Works, you acknowledge that LORAINE’S ART STUDIO will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback“). You may submit Feedback by emailing us at Loraine@noeticconsulting.net. You acknowledge and agree that all Feedback will be the sole and exclusive property of LORAINE’S ART STUDIO and you hereby irrevocably assign to LORAINE’S ART STUDIO and agree to irrevocably assign to LORAINE’S ART STUDIO all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

LORAINE MAGDA owned Content

Loraine Magda makes available through the Site text, graphics, audio, video and images of works of art (collectively, “LORAINE’S ART STUDIO Content”), all of which is owned by Loraine Magda (“Loraine Magda-owned Content”). Loraine Magda authorizes you to download and view “Loraine Magda-owned Content” solely for your personal use in visiting the Site. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Loraine Magda, except for the licenses and rights expressly granted in these Terms.

The Purchaser Agrees to:

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates LORAINE’S ART STUDIO’s third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) act fraudulently, false, misleading or deceptive in any way relating to a purchases of Original Works of Art or Artist Prints on this site.

• Use, display, mirror or frame the Site, or any individual element within the Site, LORAINE’S ART STUDIO’s name, any LORAINE’S ART STUDIO trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LORAINE’S ART STUDIO’s express written consent;

• Access, tamper with, or use non-public areas of the Site, LORAINE’S ART STUDIO’s computer systems, or the technical delivery systems of LORAINE’S ART STUDIO’s providers;

• Attempt to probe, scan or test the vulnerability of any LORAINE’S ART STUDIO system or network or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LORAINE’S ART STUDIO or any of LORAINE’S ART STUDIO’s providers or any other third party (including another user) to protect the Site and LORAINE’S ART STUDIO Content;

• Attempt to access or search the Site, LORAINE’S ART STUDIO Content or download LORAINE’S ART STUDIO Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by LORAINE’S ART STUDIO or other generally available third party web browsers;

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

• Use any meta tags or other hidden text or metadata utilizing a LORAINE’S ART STUDIO trademark, logo URL or product name without LORAINE’S ART STUDIO’s express written consent;

• Use the Site and LORAINE’S ART STUDIO Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;

• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or LORAINE’S ART STUDIO Content to send altered, deceptive or false source-identifying information;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or LORAINE’S ART STUDIO Content;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

• Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;

• Impersonate or misrepresent your affiliation with any person or entity;

• Violate any applicable law or regulation; or

• Encourage or enable any other individual to do any of the foregoing.

LORAINE’S ART STUDIO will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. LORAINE’S ART STUDIO may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that LORAINE’S ART STUDIO has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. LORAINE’S ART STUDIO reserves the right, at any time and without prior notice, to remove listings for Original Works of Art or Artist Prints, LORAINE’S ART STUDIO Content or any other text, graphics, images, software, music, audio, video, information or other content, at its sole discretion.

Privacy

See LORAINE’S ART STUDIO’s Privacy Policy at www.lorainemagda.com/privacy for information and notices concerning LORAINE’S ART STUDIO’s collection and use of your personal information.

Copyright

LORAINE’S ART STUDIO respects copyright law and expects its users to do the same. As to all Original Works of Art and all Artist Prints listed on the Site, LORAINE’S ART STUDIO declares that Loraine Magda is the creator of all such Original Works of Arts and Artist Prints; and she is the sole and exclusive owner of all such Original Works of Art and Artist Prints.

Loraine Magda retains as the creator of her artworks the worldwide, non-transferable, exclusive, right and has granted LORAINE’S ART STUDIO license, with a right to, (i) use, modify (as appropriate in connection with manufacturing and distribution of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works in connection with the manufacture, distribution and sale of Printed Works. and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Loraine Magda as an artist or promoting the LORAINE’S ART STUDIO Site. These rights are maintained regardless of the sale of the Original Artworks. Please see LORAINE’S ART STUDIO’s Copyright Policy at www.marcalexanderart.com/copyright for further information.

Ownership

The Site and LORAINE’S ART STUDIO Content are protected by copyright, trademark and other laws of South Africa and foreign countries. Except as expressly provided in these Terms, LORAINE’S ART STUDIO and its licensor Loraine Magda exclusively own all right, title and interest in and to the Site and LORAINE’S ART STUDIO Content and Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or LORAINE’S ART STUDIO Content.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that LORAINE’S ART STUDIO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LORAINE’S ART STUDIO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, LORAINE’S ART STUDIO will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. LORAINE’S ART STUDIO reserves the right to revoke your access to and use of the Site or LORAINE’S ART STUDIO Content at any time, with or without cause. In the event LORAINE’S ART STUDIO terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to Loraine@noeticconsulting.net

Disclaimers

The site and LORAINE’S ART STUDIO Content are provided “as is”, without warranty of any kind, either express or implied limiting the foregoing, LORAINE’S ART STUDIO Explicitly disclaims any warranties of merchantablility, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. LORAINE’S ART STUDIO makes no warranty that the site or LORAINE’S ART STUDIO Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  LORAINE’S ART STUDIO makes no warranty regarding the quality of any works, services, content or products purchased or obtained through the site or the accuracy, timeliness, completeness or reliability or any content obtained through the site.

No advice or information, whether oral or written, obtained from LORAINE’S ART STUDIO or through the site, will create any warranty not expressly made herein.

Indemnity

You agree to defend, indemnify, and hold LORAINE’S ART STUDIO, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or LORAINE’S ART STUDIO Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site or LORAINE’S ART STUDIO Content remains with you. Neither LORAINE’S ART STUDIO nor any other party involved in creating, producing, or delivering the Site, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, or from any communications, or other persons with whom you communicate or interact as a result of your use of the Site, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LORAINE’S ART STUDIO has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will LORAINE’S ART STUDIO’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site or LORAINE’S ART STUDIO Content exceed: if you have purchased Original Works of Art or Artist Prints, the total payments that you made to LORAINE’S ART STUDIO for the Original Works of Art and/or Artist Prints that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between LORAINE’S ART STUDIO and you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of LORAINE’S ART STUDIO used herein are trademarks or registered trademarks of LORAINE’S ART STUDIO.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between LORAINE’S ART STUDIO and you regarding the Site and these Terms supersede and replace any and all prior oral or written understandings or agreements between LORAINE’S ART STUDIO and you regarding the Site.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without LORAINE’S ART STUDIO’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. LORAINE’S ART STUDIO may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

General

The failure of LORAINE’S ART STUDIO to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LORAINE’S ART STUDIO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.