Website Terms & Conditions for selling Digital Art

Last updated on 2023/11/16

Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you place an order with us.

1. Acceptance of Terms and conditions

By accessing or using this website, SuleneTaylorArt, you acknowledge that you have read, understood, and accepted these Terms and Conditions (Terms). If you disagree with any part of these Terms then you may not access the service alternatively the products.

2. Definitions

  • a. "Artwork" or “Products” refers to the digital art available for purchase on the website.
  • b. "User" refers to anyone who accesses or uses the site.
  • c. "Seller" refers to the owner of the website and artist of the digital art being sold.
  • d. “Website” refers to SuleneTaylorArt, accessible from www.sulenetaylorart.com
  • e. “Terms” refers to Terms and Conditions
  • f. “Blog” refers to written personal insights of the creators of this website on the niche topic of ‘The Mind is a House’ concerning the artworks which are up for sale
  • g. “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Terms and Conditions) refers to SuleneTaylorArt.
  • h. “Device” means any device that can access the Website such as a computer, a cell phone or a digital tablet.
  • i. “Orders” mean a request by you to purchase Products from us.
  • j. “You” means the individual accessing the website, reading the blog or any other written insights or using this Website, or the Company, or other legal entity on behalf of which such individual is accessing or using SuleneTaylorArt, as applicable.

3. Digital Art Purchases

PLEASE BE AWARE that digitally created artwork differ in colour on different devices, and from devices to printers.

a. Restrictions

You may not reproduce, distribute, modify, create derivative works from the artworks displayed on this site, not by human nor by artificial intelligence. You may not publicly display, nor publicly perform the Digital Art, as expressly stated by these Terms or the artist's specific usage rights.

b. Ownership

All rights, titles, and interest in and to the Digital Art, including copyrights, remain with the respective artists or creators of this website. You may not claim ownership, authorship nor intellectual property rights of any Artworks you purchase. The only exception to this is with Digital Art which are specifically earmarked for selling the copyright together with the original work – see Clause 3(d).

c. License

Upon purchase of a Artwork through our Website, Users receive a non-exclusive, non-transferable license to use the Product for personal, non-commercial purposes. Only 5 of each Digital Art will be available for sale, except in Copyright Inclusivity where only 1 is sold – see Clause 3(d).

d. Digital Art Earmarked for Copyright Inclusivity

The exception to before mentioned Clause 3(a), 3(b) & 3(c) is clearly specified in Clause 3(d):

In cases where Digital Art are specifically earmarked in the handing over of the copyright in a once-off selling, the Buyer will receive a document to give them the exclusive right to the ownership of that particular Artwork as a high quality digital file.

4. Intellectual Property

a. Website Content

All content on our Website, including text, graphics, logos, images, and software, is protected by copyright and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on our Website without our prior written consent.

b. Infringement Claims

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, you must submit Your notice in writing with the subject theme “Attention: Copyright infringement” via our email (see Clause 13 Contact Information) and include in your notice a detailed description of the alleged infringement. If necessary, we will pass this on to our attorney and therefore you may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

5. Payment

a. Payment Methods

Users may purchase Artwork on the Site by following the specified purchasing payment methods as listed on our Website. Buyers are responsible for providing accurate and up-to-date payment information and ensure sufficient funds are available for the purchases.

b. Represent and Warrant

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

c. Pricing

All prices and any applicable taxes and transport costs are listed on our Website and will be clearly outlined during the purchase process. The prices of our Products are subject to change without notice and the Buyer agrees to pay the listed price which he/she desires to purchase.

6. Refund Policy

Refunds may be provided at the Seller's discretion.

PLEASE BE AWARE that colour variations are commonly found in digitally created work from device to device to printer. Therefore, NO REFUNDS will be made if the colour is not precisely what you, the Buyer expect or see on the website.

7. Privacy Policy

Our Website's Privacy Policy governs the collection, use, and sharing of the User’s information and is incorporated into these Terms by reference, which can be found here.

8. User Responsibilities

a. Users must comply with all applicable laws, Terms and Regulations when using the Site.

b. Users must not engage in any activities that may harm the Site or its users, including but not limited to hacking, spamming, or distributing malware.

c. Users are responsible for maintaining the confidentiality of their account credentials.

9. Termination

a. We, the Seller, reserve the right to terminate or suspend a User’s access to our Website according to our discretion, without notice, at any time if they violate these Terms or engage in any conduct that we believe is harmful to our Website, other users or for any other reason.

b. Users may terminate their account by contacting the Seller via our email info@sulenetaylorart.com or following the account closure procedure on the Site.

10. Disclaimer

a. No Warranty

We provide our Website and Artworks on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the quality, accuracy, completeness, or availability of our Website or Products. We do not guarantee that the Site will be error-free or uninterrupted.

Although we will be professional in our actions and determinations, we do not take responsibility for variations in exact colour expectations, as digital art work can differ from device to device and also printers.

b. Limitation of Liability

To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of our Website or Digital Art. The entire liability of the Company shall be limited to the amount actually paid by you through the Site.

c. Right to an own Worldview

Any words or phrases pertaining our own worldview used in the blog niche “The Mind is a House”, written interpretations, personal insights or art descriptions are made with respect but without apology by the creators of this Website.

11. Amendments to Terms

We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on our Website. It is the responsibility of the Website User to review these Terms periodically for updates.

12. Governing Law

These Terms and Conditions are governed by, construed in and shall be resolved in accordance to the laws of South African courts.

13. Contact Information

For any questions or concerns regarding these Terms and Conditions, or our Website, please contact us at info@sulenetaylorart.com

Thank you for choosing Sulene Taylor Art for your digital art needs.