Terms & Conditions

 

Welcome to Silver Oak Art! Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully. The website is operated by L. Nicholas Smith Fine Art. Contest Rules & Terms are located toward the bottom of this page.

 

Copyright

All Collections by L.Nicholas Smith are formally registered at the Copyright Office of the Library of Congress.  The artist retains all copyright and reproduction rights.  The artwork cannot be reproduced by any means without expressed written consent of the artist. All Website Content and products are our property or the property of our content suppliers, i.e. Visting Artists and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws. Eventhough all efforts have been made to photograph the products and merchandise accurately, slight variations in color may be present.  All copyright terms also apply to Special Commissions as well.

 

Visiting Artist Program

Artists like sharing their work with others and meeting new people. We will arrange for other artists to hang their work in this online Gallery.  Along with samples of their work, there will be a News Blog bio and links on how to contact or purchase from them in the Artist Directory. If you are an artist and are interested in displaying in our virtual Gallery, send us an email with a sample photo(s) of your work or link to your portfolio.  Unlike other Galleries, we will not charge the artist to display. Who and when the visiting artist will be is at the sole discretion of L. Nicholas Smith Fine Art. On occasion, I encourage children interested in the fine arts to participate and learn about the details involed in producing a piece of art. If a child's name and other identifying information is used on this website, verbal or written parental consent was granted.

 

Special Commissions

Special Commission paintings are a collaborative endevor between the patron and artist. As such are subject to unique terms. Acceptanace is at the sole discretion of the artist.  The subject matter may be highly personal and because of this, the artist may require more time, thought and care in creating the art. The intent is to provide something that not only can the buyer enjoy but also of such good quality that it can be proudly passed on as an endearing part the commissioners legacy.  

 

The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property rights of the product. The purchaser may resell their actual property (i.e. original painting) but the artist retains all reproduction, publication, printing rights.  

 

Certificate of Authenticity Seal is also unique to Special Commissions as these types of artwork do not belong to the Collections.

 

Electronic Communications

You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

 

License and Website Access

We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:

  • reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;

  • use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);

  • use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website;

  • engage in any activity that interferes with the website or another user's ability to use the website;

  • modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or

  • assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

 

Privacy Policy

We value your business and we know your privacy is important to you. Accordingly, we have implemented this Privacy Policy to inform you of the information that we collect from you, how we collect it and what we do with it. By using this website you are accepting the practices described in this Privacy Policy.

How and when we collect information

We collect "personal" information from you when you provide it to us. For example, if you purchase a product from us, we may collect your name, mailing address, telephone number, credit card number and email address. If you sign up to receive a newsletter, we will collect your email address. If you take advantage of special services offered by us, we may collect other personal information about you.

What we do with your information

We are committed to protecting your privacy. Under no circumstances do we rent, trade or share your e-mail address with any other company for their marketing purposes without your consent. We use your personal information for internal purposes such as processing and keeping you informed of your order. To improve our ability to serve you relevant ads across the Internet for products that will be more interesting to you, we may provide your personal information to our advertising agents that use your information solely for our advertising purposes. You may, from time to time, receive information from us about new features, new services and special offers we think you'll find valuable. If you take advantage of special offers made by our marketing partners, we may, with your consent, transfer your personal information to them. We may share your mailing address with select third parties.

The personal information that you give us when you place an order is used to process and fulfill your order. We also use your personal information for our own internal purposes, such as providing customer support or providing, maintaining, evaluating and improving our products and services.

We partner with one or more credit card processing companies to assist us in processing your payment. However, those companies do not retain, share, store, or use personally identifiable information for any secondary purposes that we are knowledgable of.

We may disclose the personal and non-personal information of our customers to any successor-in-interest of ours, such as a company that acquires our business. We may need to disclose your personal information when required by law or when we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.

 

Your choice to opt-out of certain communications

If you are no longer interested in receiving e-mail announcements and other marketing information from us, please e-mail your request to us click this button:                                 or email nicksmithfineart@gmail.com Please include your complete name, e-mail address and mailing address. Note that you may still receive customer service related communications from us.

 

Reviews, Comments, Communications and Other Content

Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners, i.e. Facebook Page. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.

 

Limitation of Liability

We do not accept responsibility that the website, its servers, or email sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

 

Subject To Change Without Notice; Severability

We reserve the right to make changes to our site, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

Contest Rules & Terms

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. 

1. Eligibility: Sweepstakes (the "Sweepstakes") is open only to those who sign up at the online sweepstakes page and who are at least 18 years old at the time of entry. Must be elgible to receive mail from USA.  The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited. 

2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of L. Nicholas Smith Fine Art, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws. 

3. Sweepstakes Period: Entries will be accepted online starting on or about June 6, 2015 at 11:59AM and ending July 4, 2015 at 11:59AM. All online entries must be received by July 4, 2015 at 11:59PM. All times are (CMT-06:00) Central Time (US & Canada/aka Texas Time). 

4. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided on this site. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of L. Nicholas Smith Fine Art. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of L. Nicholas Smith Fine Art. 

5. Prizes: The approximate retail value of all prizes is $23 + tax included, free shipping & handling. 4 Prizes to 4 winners each is one 8" x 10" Gicée Print signed and embossed. You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for L. Nicholas Smith Fine Art to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

6. Odds: The odds of winning depend on the number of eligible entries received. 

7. Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via e-mail to the e-mail address they entered the Sweepstakes with within five (5) days following the winner selection. L. Nicholas Smith Fine Art shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 4 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. 

8. Rights Granted by you: By entering this contest you understand that L. Nicholas Smith Fine Art or anyone acting on behalf of L. Nicholas Smith Fine Art, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. 

9. Terms: L. Nicholas Smith Fine Art reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, L. Nicholas Smith Fine Art may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by L. Nicholas Smith Fine Art. NL. Nicholas Smith Fine Art reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. 

L. Nicholas Smith Fine Art has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. 
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, L. Ncholas Smith Fine Art reserves the right to seek damages from any such person to the fullest extent permitted by law. 

By entering the Sweepstakes you are entering the competition and my periodically receive a newletter.  You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter. 

10. Limitation of Liability: By entering you agree to release and hold harmless L. Nicholas Smith Fine ARt and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries. 

11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF United States AND TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Texas having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased. 

12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Nine Line Apparel Web Site. Read the Privacy Policy further up on this page, www.nicksmithfineart.com > Contact > Terms of Use. 

13. Winners List: For the names of the winners, please contact us at nicksmithfineart@gmail.com and in the body of the email type 'Please e-mail me the winners' list for the L. Nicholas Smith Fine Art Sweepstakes. 

14. Sponsor: The Sponsor of the Sweepstakes is L. Nicholas Smith Fine Art, New Braunfels, Texas, United States; 

15. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google.

 

Updated June 2015

 

© 2015 L. Nicholas Smith  
Licensed in the State of Texas
SilverOakArt@gmail.com
American Veteran Owned Business, Fine Art oil paintings, drawings, archival giclee collectors prints, greeting cards, postcards Silver Oak Art
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