Terms & Conditions
LANA ABRAHAM, INC.
TERMS AND CONDITIONS OF SALE
ARTWORK by ARTIST, LANA ABRAHAM-MURAWSKI (LAM)
- INTRODUCTION: These terms and conditions (the “Terms and Conditions”) apply to the sale of Lana Abraham, Inc. art (the “Artwork”) including, but not limited to original or replicated – prints, paintings, drawings, digital pieces, custom designed products, etc. created by the Artist, Lana Abraham-Murawski (the “Artist”) to you (the “Buyer”).
- TITLE AND RISK: As soon as the purchase price is paid in full, the Buyer will become the legal owner of the Artwork and, upon such payment, the Buyer will be responsible for the Artwork; and the risk of damage to or loss of the Artwork will pass to the Buyer.
- OWNERSHIP OF THE ARTWORK COPYRIGHT:
- 3.1 The Artwork was specifically made in conjunction with the Artist, Lana Abraham-Murawski and Lana Abraham, Inc. (the “Company”). The Artist has worked closely with Lana Abraham, Inc. to produce the Artwork on the strict understanding that it will be available for purchase exclusively through Lana Abraham, Inc. or any other outlet approved by Lana Abraham, Inc. It is the Artist’s expectation that the Artwork will not be purchased for resale and will be retained by you, the Buyer for your own personal enjoyment. Specifically, the Buyer may not sell or offer for sale the Artwork on any internet based auction or other website. If a change in ownership is required for any original artwork or print, written notification must be sent to the Artist and/or Lana Abraham, Inc. with a copy of these terms and conditions signed off on by the new “Buyer” / owner.
- 3.2 All copyrights, licenses and rights on the Artwork remains the property of the Artist, Lana Abraham-Murawski and Lana Abraham, Inc. That includes any digital and printed versions.
- 3.3 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction any images of the Artwork to any third party, including any internet website for any purpose.
- 3.4 If you breach any of your obligations under paragraph 3.3 you agree that:
(a) payment of damages may incur, but will not be a sufficient remedy to compensate the Artist for your breach;
(b) the Artist may apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and
(c) the Artist may, contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the Artwork has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.
- DATA PROTECTION: We may collect, hold, control, use and transmit personally identifiable information obtained from you, the Buyer in the course of your purchase of the Artwork. By agreeing to these Terms and Conditions the Buyer agrees to such information being used in these ways and for such information to be disclosed to the Artist if you are in breach of your obligations under these terms and conditions.
- LIABILITY OF LANA ABRAHAM, INC. & The ARTIST, LANA ABRAHAM-MURAWSKI: We make no representation or warranty of any kind whatsoever, express or implied, in connection with the Artwork. The Artist, Lana Abraham, Inc. and its officers, directors, employees, shareholders or agents exclude all liability (whether in contact, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to the Buyer or a third party in connection with the Artwork.
- RIGHTS OF THIRD PARTIES: No person other than the Buyer and Lana Abraham, Inc. have any rights under these Terms and Conditions other than in respect of paragraph 3 above which confers a benefit on the Artist and is intended to be enforceable by the Artist.
- GOVERNING LAW AND JURISDICTION: These Terms and Conditions shall be governed by and construed in accordance with New Jersey State law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the New Jersey State courts.
Lana Abraham, Inc. ®
Copyright © 2016