TERMS AND CONDITIONS
Welcome to Illumine Canvas (“the Website,” “we,” “us,” or “our”), operated by [INSERT BUSINESS LEGAL NAME], a sole proprietorship based in Rochester Hills, Michigan, United States. By accessing, browsing, or purchasing from www.illuminecanvas.com, you (“you,” “the customer,” or “the user”) agree to be bound by the following Terms and Conditions. Please read them carefully. If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.
1.1 Acceptance of Terms
By using this Website, placing an order, commissioning artwork, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Disclaimer, and Shipping & Refund Policy. These Terms constitute a legally binding agreement between you and Illumine Canvas.
1.2 Eligibility
You must be at least 18 years of age, or the age of majority in your jurisdiction, to make a purchase or enter into a binding agreement with Illumine Canvas. By using this Website, you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding contract.
1.3 Products and Services
Illumine Canvas offers original artwork, limited and open-edition prints, commissioned artwork, digital downloads, art-related merchandise, and (where applicable) workshops, classes, or creative services. All products are created or curated by the artist behind Illumine Canvas. We reserve the right to add, modify, discontinue, or limit the availability of any product or service at any time without prior notice.
1.4 Artwork Descriptions, Colors & Representation
We make every reasonable effort to display the colors, textures, dimensions, and details of our artwork as accurately as possible. However, the actual colors and finish you see depend on your monitor, device, lighting, and screen calibration, and we cannot guarantee that your display will accurately reflect the appearance of the physical artwork. Slight variations in color, texture, brushstroke, or finish are inherent to original, hand-created artwork and are not considered defects.
1.5 Pricing and Availability
All prices listed on the Website are in U.S. Dollars (USD) unless otherwise stated and are exclusive of applicable taxes, shipping, handling, and customs duties unless explicitly noted. Prices are subject to change without prior notice. In the event of a pricing error, typographical mistake, or product unavailability after an order has been placed, we reserve the right to cancel or refuse the order and issue a full refund. Original artworks are one-of-a-kind; once sold, they are no longer available for purchase.
1.6 Orders and Payment
By placing an order, you make an offer to purchase the selected product(s) under these Terms. All orders are subject to acceptance and availability. We reserve the right to refuse, cancel, or limit any order at our sole discretion, including suspected fraudulent activity, pricing errors, or unavailable stock. Payment must be made in full at the time of checkout through the accepted payment methods listed on the Website (e.g., major credit and debit cards, PayPal, Stripe, or other secure third-party processors). You represent that you are authorized to use the payment method submitted.
1.7 Commissioned Artwork
Commissioned artwork (custom pieces created specifically at your request) is governed by a separate commission agreement provided at the time of booking. The following standard terms apply to all commissions unless otherwise stated in writing:
• A non-refundable deposit of typically 50% of the total commission price is required to begin work.
• The remaining balance, plus any applicable shipping and taxes, is due upon completion and prior to delivery.
• Estimated timelines are approximate and may vary based on complexity, materials, and the artist’s schedule.
• The artist retains creative control and reserves the right to decline requests that conflict with artistic integrity, brand values, or the law.
• Reasonable revisions are permitted as outlined in the commission agreement; substantial scope changes may incur additional fees.
• Commissioned artwork is non-refundable and non-returnable once completed and approved by the client.
1.8 Intellectual Property Rights
All content on the Website — including but not limited to artwork, images, photographs, illustrations, designs, text, logos, graphics, video, audio, and the overall “look and feel” — is the exclusive property of Illumine Canvas and the artist, and is protected by United States and international copyright, trademark, and other intellectual property laws.
Purchasing an original artwork, print, or digital download grants you ownership of the physical or digital item only. It does not transfer copyright, reproduction rights, or any commercial usage rights. Unless explicitly agreed upon in writing, you may not:
• Reproduce, copy, scan, photograph for resale, or redistribute the artwork.
• Use the artwork for commercial purposes, including merchandise, advertising, NFTs, or AI training datasets.
• Modify, alter, or create derivative works based on the artwork.
• Claim authorship or remove watermarks, signatures, or copyright notices.
The artist retains all reproduction, exhibition, and copyright privileges to all works, including commissioned pieces, unless these rights are explicitly transferred in a separate written agreement.
1.9 Permitted Personal Use
Buyers of original artwork or prints may display the work in their private home, office, or personal space, and may share photographs on personal social media for non-commercial purposes, provided proper credit is given to the artist (e.g., “Artwork by Illumine Canvas” with a link to www.illuminecanvas.com).
1.10 Digital Downloads
If you purchase digital artwork or downloadable products, you are granted a limited, non-exclusive, non-transferable license for personal, non-commercial use only. Resale, redistribution, sharing, or commercial use of digital files is strictly prohibited. Due to the nature of digital products, all digital download sales are final and non-refundable.
1.11 User Conduct
When using the Website, you agree not to:
• Violate any applicable local, state, national, or international law or regulation.
• Infringe on the intellectual property rights of Illumine Canvas or any third party.
• Upload, transmit, or distribute malicious code, viruses, or harmful content.
• Attempt to gain unauthorized access to the Website, servers, or related systems.
• Use automated means (bots, scrapers, crawlers) to access or copy content without express written permission.
• Impersonate any person or entity or misrepresent your affiliation.
• Engage in harassing, abusive, defamatory, or threatening behavior toward the artist or other users.
1.12 Third-Party Links and Services
The Website may contain links to third-party websites, services, or resources (e.g., social media platforms, payment processors, shipping carriers). Illumine Canvas does not control and is not responsible for the content, privacy practices, or operations of any third-party site or service. Accessing third-party links is at your own risk and subject to their respective terms and policies.
1.13 Limitation of Liability
To the fullest extent permitted by law, Illumine Canvas, its owner, affiliates, and representatives shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to your use of the Website or any products purchased, including but not limited to lost profits, lost data, business interruption, or emotional distress. Our total aggregate liability for any claim arising from a transaction shall not exceed the amount you paid for the specific product or service giving rise to the claim.
1.14 Indemnification
You agree to defend, indemnify, and hold harmless Illumine Canvas, its owner, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or related to (a) your use of the Website, (b) your violation of these Terms, (c) your violation of any third-party right, including intellectual property rights, or (d) any content you submit or transmit through the Website.
1.15 Modifications to Terms
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes will be effective immediately upon posting on the Website, with the “Last Updated” date revised accordingly. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
1.16 Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict-of-law provisions. Any disputes arising out of or relating to these Terms or your use of the Website shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration or to the exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan.
1.17 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.
1.18 Entire Agreement
These Terms, together with the Privacy Policy, Disclaimer, and Shipping & Refund Policy, constitute the entire agreement between you and Illumine Canvas regarding your use of the Website and supersede all prior agreements, communications, and understandings.
1.19 Contact Information
For questions regarding these Terms, please contact:
Illumine Canvas
Website: www.illuminecanvas.com