Jan Bannister Fine Art Policies

TERMS AND SERVICES AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THE ARTISTS' (JAN BANNISTERS’) WEBSITE AND SERVICES, YOU HERBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HERIN BY PREFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PERSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSIVELY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE ARTISTS' SITES OR THE ARTISTS' SERVICES.

Acceptance of Terms:

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with the Artists' clients and visitors which may interact or interface with Jan Bannister, also known as the Artist, located Colorado, in association with the use of the Artists' website JBannisterFineArt.com (the "Site") and its Services, which shall be defined below.

Description of Website Services Offered:

The Site is an e-commerce website and blog operated by Fine Artist Jan Bannister. These Terms set forth the terms and conditions under which you may use the Artists' website and services provided by the Artist.

This website is the official website of Fine Artist Jan Bannister featuring acrylic paintings on canvas, alcohol ink paintings on ceramic tile, mixed media, photography, and other creative things. All artworks and handmade items listed in the Store on the website, JBannisterFineArt.com are available for visitors and/or clients to purchase online. The Artist also has a blog that visitors and clients can comment and interact with the Artist as well as other users. By using or accessing the website services or online purchase, you approve that you have read and agree to be bound by these Terms.

The Artist (Jan Bannister) is a registered LLC by the state of Colorado with the Colorado State Treasury.

Any and all visitors to the Artists' site shall be deemed as "users" of the herein contained Services provided for TOS.

Privacy Policy:

Every users data and other personal information are strictly protected by Jan Bannisters' Online Privacy Policy. As a user, you herein consent to the collection and use of the information provided, including transfer of information within the United States and/or other countries for storage, processing or the use by Jan Bannister.

Copyright and ownership of content:

Content and images published on this site such as images (both pictures/photos as well as artworks), graphics, text, logos, video and written content is the property of Jan Bannister and is protected by United States Copyright Laws. The entire collection of artworks and content on this website, JBannisterFineArt.com, is the exclusive property of Jan Bannister along with the copyright authorship for this compilation by Jan Bannister. For more details, visit the Artists' Copyright Policy.

Color of Artworks:

You understand and agree that the Artist has made reasonable efforts in order to display the colors of the original artworks accurately on this website. Each individual monitor, cell phone, tablet or other device may display colors differently. Jan Bannister is not responsible for the color accuracy on your computer monitor, cell phone, tablet or other device. This also applies to art prints, there may be color differences between the original artwork and the fine art print. The Artist does her best to match colors accurately, but color differences within art prints verses original artwork may exist.

Modifications:

Jan Bannister shall reserve the right at any time that may deem fit to modify, alter, increase and/or decrease prices, change shipping and handling rates, update services, change of tax rates and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, the Artist shall not be held liable to you or any third party for any such modification, alteration, suspension, and/or discontinuation of the Artists' services or any part thereof.

Third Party Services:

This website uses third party services and applications that make their services available on this site. When you access third party applications or services or applications, you are bound by the terms and policies of the third party.

Interstate Communication:

Upon purchase of Services and/or Products, you herby acknowledge that by using JBannisterFineArt.com to send electronic communications, which include, but are not limited to, email, searches, and instant message, contact form, you will be causing communications to be sent through the Artists' computer network. You also agree that all notices, disclosures, agreements and other communications sent electronically meet legal requirements that such communications be in writing. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

Applicable Law:

By visiting this website, you agree to all the laws of [your location] without regard to principles of conflict laws, shall govern these terms of service, or any sort that may come between you and Jan Bannister.

Comments, Reviews, and Emails:

Visitors may post content in reply to the Artists' Blog posts as long as it is not obscene, threatening, harassing, illegal, infringing on intellectual rights, defamatory, invasive of privacy or injurious in any way towards the Artist or third parties. Content must be free of political campaign, software viruses and commercial solicitation. The Artist, Jan Bannister, reserve all rights (but not the obligation) to remove offending posted content. When you make a public comment/pot within the Artists' Blog, you grant Jan Bannister non-exclusive, royalty-free and irrevocable right to use, modify, reproduce, and publish such content in any of the Artists' online media.

Indemnification:

You agree to indemnify and hold the website owner, Jan Bannister, from any demands, loss, claims or expenses (including attorney's fees), made against them by any third party due to or arising from, or in connection with your use of the website or any services offered through the website.

Purchasing Policy:

On completion of your online purchase, you will receive a detailed confirmation email. Jan Bannister will make reasonable efforts to package the artwork and ship it within seven (7) business days. Time frame may depend on traveling, seasonal/holiday, or for unforeseeable reasons such as sickness, weather conditions or acts of God. If Jan Bannister is unable to ship the artwork in a timely manner, she will contact the buyer via phone call, email or text. Review the Artists' Shipping and Handling policy for more detailed information about her shipping and handling policies which includes damaged artwork upon shipment, as well as shipping and handling estimated pricing. At this time, Jan Bannister is currently not shipping outside of the United States or the states of Alaska and Hawaii.

Payments:

All payments are made through a third party payment processor. Processing payments is subject to third parties' Terms of Service and Privacy Policy. You agree to pay the Artist, Jan Bannister through said third party payment processor, the full amount as charged.

Refund Policy:

If you are not completely satisfied with your purchase you may return the item within 14 days of receiving it for exchange, credit, or full refund (Commissioned orders are final sales and cannot be returned or exchanged). Item must be in perfect, undamaged condition. Apologies but, shipping costs will not be refunded. Cost of Art will also be refunded if damaged during shipment. For more information on how to handle damaged artwork upon shipment, read the Shipping and Handling Policies.

Customer Complaints:

If there are any problems or discrepancies with your purchase or otherwise, please contact the Artist, Jan Bannister, within seven (7) calendar days of your receipt of your delivery via email to jbannisterfineart@gmail.com.

State Governing Law:

These terms and conditions are governed by the laws of the United States of America and the laws of the State of Colorado. You agree and acknowledge that any action to enforce these Terms and Conditions will be brought solely to the State and Federal Courts located in Clear Creek County, Colorado.

Questions or Concerns:

If you have any questions or concerns regarding the Terms of Service Agreement, Privacy Policy, or Copyright Policy related to the Artists' website, JBannisterFineArt.com, please feel free to contact the Artist, Jan Bannister, at the following email:

Email: jbannisterfineart@gmail.com

ONLINE PRIVACY POLICY

The website, JBannisterFineArt.com, is owned and data is controlled by Jan Bannister. Jan Bannister (the Artist) is committed to keeping any and all personal information collected of those individuals that visit the Artists' website and make use of the Artist's online facilities and service accurate, confidential, secure and private. The Artists' privacy policy has been designed and created to ensure those affiliated with Jan Bannister of the Artist's commitment and realization of the Artists' obligation not only to meet but exceed most existing privacy standards.

THEREFORE, this Privacy Policy Agreement shall apply to Jan Bannister, and thus it shall govern any and all data collection and usage thereof through the use of JBannisterFineArt.com you are herein consenting to the following data procedures expressed in this agreement.

Collection of Information:

This website collects various types of information, such as:

Voluntarily provided information which may include your name, address, email address, billing and/or credit card information, etc., which may be used when you purchase products and/or services and to deliver the services you have requested.

The Artist may use your email address to send information about products, services and/or events. You can opt-out at any time by emailing the Artist at: jbannisterfineart@gmail.com

Web analytics which tracks and collects website traffic information for the use of the Artists' market research, which will be used to improve and optimize the Artists' website, JBannisterFineArt.com and thus the improvement of the users and/or visitors experience.

Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of purchasing products, sign up for the Artist's newsletter, participating in commenting on the Artists' Blog posts and/or emails sent via the website contact page or the Artists' email. It is the intent of the Artist to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this website, JBannisterFineArt.com.

Use of Information Collected:

Jan Bannister may collect and make use of personal information to assist in the operation of the Artists' website and to ensure delivery of the services you need and request. At times, the Artist may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from JBannisterFineArt.com.

Jan Bannister does not now, nor will in the future, sell, rent or lease any of the Artists' customer lists, names and/or personal information to any third parties.

Jan Bannister may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in good faith in belief that such action deemed necessary or is required in an effort to:

Remain in conformance with any decrees, laws and/or statutes or in effort to comply with any process which may be served upon Jan Bannister and/or the Artists' website.

Maintain, safeguard and/or preserve all rights and/or property of Jan Bannister;

AND

Perform under demanding conditions in an effort to safeguard the personal safety of users of JBannisterFineArt.com or the general public.

Children Under Age 13:

Jan Bannister does not knowingly collect personal identifiable information from children under age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), the Artist shall immediately take the necessary steps to ensure that such information is deleted from the Artists' system database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

Unsubscribe or Opt-Out:

All users and/or visitors to the Artists' website JBannisterFineArt.com have the option to discontinue receiving communication from the Artist and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to the Artists' newsletters please send an email that you wish to unsubscribe to jbannisterfineart@gmail.com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt out.

Link to Other Web Sites:

The Artists' website may contain links to affiliate and other websites. Jan Bannister does not claim or accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, the Artist encourages all users and visitors to be aware when they leave the Artists' website and to read the privacy statements of each and every website that collects personal identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by the Artists' website, JBannisterFineArt.com.

Security:

Jan Bannister shall take every precaution to maintain adequate, physical, procedural and technical security with respect of to the Artists' office and information storage facilities in order to prevent any loss, misuse, unauthorized access, disclosure and/or modification of the users' personal information under the Artists' control.

Changes to Privacy Policy Agreement:

Jan Bannister reserves the right to update and/or change the terms of the Privacy Policy, and as such the Artist will post those change(s) to the Artists' website homepage at JBannisterFineArt.com, so that the users and/or visitors are always aware of information the Artist collects, how it will be used, and under what circumstances, if any, the Artist may disclose such information. If at any point in time Jan Bannister decides to make use of any personal identifiable information on file, in a manner vastly different from which was stated when information was initially collected, the user or users shall promptly be notified via email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

Acceptance of Terms:

Through the use of this website, JBannisterFineArt.com you are hereby accepting the terms and conditions stipulated within aforementioned Privacy Policy Agreement. If you are not in agreement with the Artists' Terms and Conditions, then you should refrain from further use of the Artists' website. In addition, your continued use of the Artists' website following the posting of any updates or changes to the Artists' terms and conditions shall mean that you are in agreement and acceptance of such changes.

How to Contact the Artist:

If you have any questions or concerns regarding the Privacy Policy Agreement, Terms of Service Agreement or Copyright Policy related to the Artists' website, JBannisterFineArt.com please feel free to contact the Artist, Jan Bannister, at the following email:

Email: jbannisterfineart@gmail.com

Notice of Copyright

NOTICE: ALL of Artist Jan Bannisters' artwork is copyrighted and are protected by law. DO NOT reproduce, copy, create "derivative works" (artworks based off of the artists' original work), tattoo or display her artwork without the artists' permission. Selling artwork derived from Jan Bannisters' original artwork for profit without giving the artist (the original owner, artist, and creator, Jan Bannister) credit and compensation is also prohibited. In addition, after one purchases any of the artists' artworks, the buyer DO NOT own the copyrights for the artwork after purchase. The original artist (Jan Bannister) still has copyright, even after the artwork has been sold. This means even after an artwork is PURCHASED, the buyer (the person who has purchased the artwork) DOES NOT OWN THE COPYRIGHT nor does the buyer have the right to copy, stencil, print, tattoo, or reproduce the artists' artwork in any way, and/or reproduce and sell for profit without the original artist granting permission first. This means Jans' original artwork should NOT show up on t-shirts, socks, art prints, coffee mugs, cell phone covers, key-chains, printed cards, fabric, etc. without the written explicit permission from the artist, Jan Bannister. Even if the artist and the purchaser of the artwork are family, friends, or acquaintances, Jans' artwork should not be reproduced in any way without her permission, NO ACCEPTIONS. If ANY of Jans' artwork is reproduced in any way without her permission, this is Copyright Infringement and legal action will be taken.

Using Images of Jan Bannister’s Artwork on Social Media, Website, Blog:

The artist does allow sharing on social media outlets, but be sure to give the artist credit for her work! Please include the artists' name (Fine Artist Jan Bannister), the name of the artwork and a link to her art website (JBannisterFineArt.com) within the post.

For Bloggers or Website Designers who would like to include an image of the artists' original artwork(s) within a website or blog page please Contact the Artist and ask her for permission. Within the request, please inform the artist with the Title/Name of the artwork of interest and why you would like to include her artwork in the blog or website. Be advised, all artwork in the "Commissions" page are not applicable, and will not be approved for blog or website use unless you are the original client who purchased the commissioned work(s).
Please credit the artist (i.e. Artist Jan Bannister) with a working link to her art website (JBannisterFineArt.com), specifically the link to the landing page of the original image. If these requests are not met, the artist will contact you in request for you to credit her (the artist) and add a link to her website.

Licensing Agreement:

If you are a company who is interested in using one or multiples of Jan Bannister' artworks, please Contact the Artist so a negotiation for a licensing agreement can be discussed. Please be advised even with a licensing agreement, neither you nor the business entity owns copyright of the artwork(s). Copyright ownership still belongs to the artist, Jan Bannister. A licensing agreement is an arrangement to where the original artist keeps the copyright and the artist is granting a company permission to use or sell the artwork(s) for a nominal fee during a predetermined time-frame.

How to Contact the Artist:

If you have any questions or concerns regarding the Copyright Policy, Terms of Service Agreement, or Privacy Policy related to the Artists' website, JBannisterFineArt.com, please feel free to contact the Artist, Jan Bannister, at the following email:

Email: jbannisterfineart@gmail.com

REFUND POLICY

Customer Complaints:

Questions or Concerns:

If you have any questions or concerns regarding the Terms of Service Agreement, Privacy Policy, Copyright Policy, Return Policy related to the Artists' website, JBannisterFineArt.com, please feel free to contact the Artist, Jan Bannister, at the following email:

Email: jbannisterfineart@gmail.com

Shipping and Handeling

*Attention: Shipping and Handling Costs increased on January 7, 2019 due to FedEx postage and shipping rate increase. For more information about their postage and shipping rate increase visit FedEx.

Shipping and Handling Info:

Shipping and handling prices are based off of the size and weight of the package, cost of packaging and materials, shipping time, tracking and insurance during shipment. FedEx shipping costs are calculated off of FedEx Shipping Calculator. Pricing may vary depending on where the artwork is being shipped to, with all artwork being shipped from Colorado.

Shipment time is generally one to two (1 - 2) weeks, but may be as soon as five (5) business days. This time-frame depends on holiday/seasonal, how large the artwork is and also depending how quickly the artist will be able to get the shipment out. If by chance the artist is unable to get the order shipped right away, the artist will contact the buyer via email, text or phone call.

Looking for a different shipping method?

Arrange to pick-up artwork from the artist (Golden, Colorado and nearby residents). For further questions, please Contact the Artist, Jan Bannister at jbannisterfineart@gmail.com.

*Shipping currently unavailable for Alaska, Hawaii, Territories of the United States or international shipping. Please Contact the Artist if you live in one of these areas and are still interested in purchasing artwork.

Package Tracking:

Once the Artist ships off the package, she will contact the client via email or text with the tracking information. Please be sure that your email and cell phone number are written correctly when filling out the order form so that the Artist is able to send the tracking information.

Damages:

If the package and artwork is damaged upon arrival, please contact the local FedEx or UPS and file a Claim Form.

Notice of a claim due to damage must be turned in to FedEx within sixty (60) calendar days after delivery of the shipment.

If USPS shipping was used, File a Claim with USPS immediately.

*Please Email the Artist at jbannisterfineart@gmail.com as soon as possible with pictures of any documentation (receipt, invoice, and copy claim), the damaged packaging and artwork. If FedEx or USPS requires any information from the artist, please contact the artist (Jan Bannister) immediately. All original artwork is insured upon shipment, any damage or loss should be resolved and refunded.

Notify the artist within seven (7) calendar days with the above documentation after delivery of the shipment.