AGREEMENT AND DISCLAIMER

By using this Website you agree with Ellen Glick, dba Paint (“Ellen”),
as follows:

Conditions of Sale Of Ellen’s Works Of Art

All sales of Ellen’s paintings, whether of her works of art posted on this Website or of her commissioned paintings, must be prepaid in full at the time of purchase.

All sales of Ellen’s artworks purchased from photographs posted on this Website are final if not returned to and received by Ellen in good and saleable condition within thirty (30) calendar days from the date of your receipt of the painting. You agree to pay all return shipping and insurance costs on non-commissioned art works returned to Ellen. All sales of commissioned paintings are final, non-refundable and non-returnable.

Compliance with Laws

You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of this Website, including, without limitation, intellectual property laws and privacy laws.

Protection of Intellectual Rights and License

You represent to Ellen that you have the absolute right and authority to have Ellen reproduce in a painting all images that you submit to Ellen either through this Website, by email, by regular mail, or by any other electronic or other means.

You acknowledge that all content available through this Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos (collectively, the “Intellectual Property”), is protected by copyright law, trademark law,
patent law, and/or other proprietary rights and laws. All art works displayed on this website are the sole property of Ellen. All other content on this Website is also owned by Ellen. Except as expressly authorized by Ellen, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on this Website or any content (including, without limitation, any software) available through this Website. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view content retrieved from this Website for your personal, noncommercial purposes, provided that you do not remove or obscure this copyright notice or other notices displayed on or
included with the content.

You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from this Website in any way, for any public or commercial use or provide it
to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior written permission of Ellen. You may not frame any trademark, logo, or other proprietary information on this Website without the express, prior written consent of Ellen. Except as expressly provided in the Agreement, nothing
contained in this Agreement or on this Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted herein are Reserved.

None of the material contained on this Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo- reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Ellen.
Except as otherwise noted, all rights, title and interest, including all
copyrights, in and to all works of art posted on this Website are owned
exclusively by Ellen.

Except as otherwise noted, all content posted on this Website is:
Copyright © 2019 Ellen Glick
All Rights Reserved

Ellen has adopted a policy of terminating services to users who willfully and/or repeatedly infringe. For further information regarding permission to use material or data, please contact Ellen. She can be reached by e-mail at: ellensmail123@yahoo.com.

Notice and Procedure for Making Claims of Copyright Infringement

Ellen asks her users to respect the intellectual property of herself and others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, Ellen has designated Glick Atalla, a professional law corporation, glicklaw@sbcglobal.net (“Ellen’s Copyright Agent”), as her agent to receive notices of claimed copyright infringement. If you believe in good faith that her or your work has been copied in a way that constitutes copyright infringement, please provide Ellen’s
Copyright Agent with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on this Website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. You may want to seek the advice of independent legal counsel before filing a notification.

Trademarks/Service Marks
You may not use or display any trademarks, logos or service marks (collectively, the “Marks”) displayed on this Website. Nothing contained on this Website should be construed as granting any right or license to use any of the Marks displayed on this Website; your misuse of any Mark is strictly prohibited.

Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ELLEN BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,

INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE, AND/OR THE ART WORKS PROVIDED BY ELLEN. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ELLEN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Disclaimer of Warranties With Respect to Use of Website and Purchase Of Art

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELLEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WORKS OF ART ARE A SUBJECTIVE MATTER. ELLEN WILL USE HER BEST EFFORTS TO PAINT HER CUSTOM WORKS OF ART TO
YOUR SATISFACTION. HOWEVER, ELLEN DOES NOT MAKE ANY WARRANTY THAT THIS WEBSITE OR HER WORKS OF ART WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, IN ELLEN’S WORKS OF ART WILL BE CORRECTED TO YOUR SATISFACTION. ELLEN MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE OR THAT YOU WILL BE FULLY SATISFIED WITH YOUR PURCHASE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Indemnification
You agree to indemnify and hold harmless Ellen from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with the photographs or other images you submit, post, or transmit to Ellen through this Website, by email, by regular mail, or by any other electronic or other means of transmission, your use of this Website; your purchase of Ellen’s works of art; your breach of this Agreement; and your connection to this Website.

Severability of Agreement
If any provision of this Agreement is found by a court of competent jurisdiction or other binding authority to be invalid or unenforceable, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Website shall be governed by and construed in accordance with the laws of the United States, including without limitation federal copyright and trademark laws, and with the laws of the State of California applicable to contracts entered into and to be performed therein, without giving effect to any principles of conflicts of aw or choice of law. Any legal action or proceeding between you and Ellen related to this Agreement shall be brought exclusively in a state court of competent jurisdiction sitting in Los Angeles, California, and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum. This Agreement was last updated on September 1, 2019