Terms of Use

Agreement between User and Pierce & Paint

Welcome to Pierce & Paint. The Pierceandpaint.com website (the "Site") is comprised of various web pages operated by Pierce & Paint. Pierceandpaint.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Pierceandpaint.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Pierce & Paint (and Pierceandpaint.com) is a service and commerce company offering Fine Art Paintings, Commissioned Paintings, Reproductions, Other Products & Goods, Courses, Classes, Workshops, Resources, and all other products or services

Rights to Artwork and Images

All artwork, images, and graphics are the sole property of Kandice Pierce and may not be used by any third party without written permission.  

Copying or reproducing artwork created by Kandice Pierce (as seen on Pierceandpaint.com, or elsewhere) is strictly prohibited without written permission from the artist.  

Pierce & Paint retains all rights to all artwork until 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.  

Pierce & Paint retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.   

Pierce & Paint retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Kandice Pierce 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 in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artists name).

All other uses must be agreed to in advance in writing. Contact pierceandpaint@gmail.com.

Electronic Communications

Visiting Pierceandpaint.com or sending emails to Pierce & Paint 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 Pierce & Paint is not responsible for third party access to your account that results from theft or misappropriation of your account. Pierce & Paint and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Pierce & Paint does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Pierceandpaint.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

Certain services made available via Pierceandpaint.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Pierceandpaint.com domain, you hereby acknowledge and consent that Pierce & Paint may share such information and data with any third party with whom Pierce & Paint has a contractual relationship to provide the requested product, service or functionality on behalf of Pierceandpaint.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Pierceandpaint.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Pierce & Paint that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair Pierce & Paint or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

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 Pierce & Paint 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.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pierce & Paint content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pierce & Paint and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pierce & Paint or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Pierce & Paint from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pierce & Paint Content accessed through Pierceandpaint.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Pierce & Paint, 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. Pierce & Paint 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 Pierce & Paint 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 Pierce & Paint 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. PIERCE & PAINT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PIERCE & PAINT 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. PIERCE & PAINT 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 PIERCE & PAINT 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 PIERCE & PAINT 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. IF 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.

Termination/Access Restriction

Pierce & Paint reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pierce & Paint as a result of this agreement or use of the Site. Pierce & Paint's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pierce & Paint's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pierce & Paint with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pierce & Paint with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pierce & Paint with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Pierce & Paint reserves the right, in its sole discretion, to change the Terms under which Pierceandpaint.com is offered. The most current version of the Terms will supersede all previous versions. Pierce & Paint encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Pierce & Paint welcomes your questions or comments regarding the Terms:

Pierce & Paint

pierceandpaint@gmail.com

Effective as of January 01, 2021