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Terms

Mark Roger Bailey | Fine Art Photography   

TERMS & CONDITIONS 

TERMS 

Terms of use – you agree by visiting this website;

Terms of sale – you agree by ticking a checkbox when you place an order through this website; and

Privacy policy – you agree when you submit your personal information to markrogerbaileyphotography.com and apply when you visit this website. MRB reserves the right to update or otherwise change these terms. 

If you have any questions about our terms, please contact us. 

TERMS of USE 

Acceptance. You agree to these terms and conditions set forth below, and in any modified or additional terms Mark Roger Bailey (“MRB”) may publish (collectively, the “Terms of Use”). If you do not agree to the terms contained in the Terms of Use, please do not access this Site.

License. We grant you a limited license to use this website.

Sharing.  Sharing content from MarkRogerBailey.com or MarkRogerBaileyPhotography.com is permissible when you: 1) state clearly that the content came from this Site, 2) limit copy excerpts to 75 words, and 3) link back to the original post on MarkRogerBailey.com or MarkRogerBaileyPhotography.com.

Breach. We may cancel your license if you violate any of these terms. Any copyright infringement or theft of MarkRogerBailey.com content is subject to DMCA takedown notice or legal action.

Embedding. You may not embed this website.

Capacity. You agree to these terms on the basis that you have the ability to visit this website.

Accurate information. You promise that you will give this website only accurate information.

Ownership. We or our third-party licensors own all rights in this website.

Copyright and Trademarks. All our copyrights and trademarks, logos, service marks, Internet domain names, or other indications of origin now or in the future used by MRB and Mark Roger Bailey Photography (MRBP) are proprietary. You may not use them without our permission. All other trademarks are their respective owners’ property.

 

Restrictions. You may not change or copy this website without our permission.

Own risk. You use this website at your own risk, and we make no warranties about it.

Indemnity. You indemnify us against any liability related to your use of this website.

Direct damages are limited. Our maximum liability to you for all claims for direct damages related to this website is $100US.

Indirect damages. We are not responsible for any indirect damages.  

TERMS OF SALE

Introduction. These terms cover any transactions where we provide goods to you through this website.

The parties. We are the vendor under these terms. You are the client or customer under these terms.

Duration. These terms commence when you accept them and continue until terminated.

Orders. You place orders with us on the following basis:

you promise that you have the legal capacity to enter into the transaction;

we conclude an agreement when we ship goods to you;

we may cancel any order;

if we do, we will refund any money you have paid;

we conclude an agreement when and where we deliver a good to your requested address; and

each order is a separate agreement, but you breach all of them if you breach one.

Goods. We sell products to you on the following basis:

you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;

we will do our best to deliver the goods as soon as possible after you have placed an order, but we are not liable, and you may not cancel an order if we do not do so immediately;

risks related to the goods pass to you on delivery;

ownership in the products passes to you on payment of the fees in full; and

you have the same rights against us as we have against our suppliers regarding any warranty attached to the goods or imposed by law.

Your data. You own all your data. When you enter your data into the system, you give us a license to use it to provide the goods. We are not responsible for any of your data stored on our system. 

Intellectual property. Text and images posted on MarkRogerBailey.com or MarkRogerBaileyPhotography.com are the copyrighted property of Mark Roger Bailey. We may own intellectual property rights in our goods, and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights. MRB remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use.

Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.

Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.

Direct damages are limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid to us for them. 

Indirect damages excluded. We are not liable for any other losses that they may cause you.

Breach. Please don’t breach your obligations under this agreement. If you do, we have certain rights against you under the law.

Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the products could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.

Resolving disputes. We want to avoid disputes about this agreement and resolve them quickly. If there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if the negotiation fails, and finally, go to arbitration if mediation fails.

Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each other’s email addresses and choose their respective street addresses as their service addresses for all legal documents. Still, they may change either address on 14 calendar days written notice to the other.

Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for a breach of this agreement caused by circumstances beyond their control. The other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.

Entire agreement. The agreement is the entire agreement between the parties on the subject.

Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.

Governing law. United States law governs this agreement.

Jurisdiction. You consent to the jurisdiction of the laws of California, U.S.A., excluding California’s conflict of laws rules.   

 

LIMITED EDITION

Limited edition applies only to physical prints of a Mark Roger Bailey image of a specific dimension, not to the image itself in any format. No further artist's prints of these selected WINGS & WATER images of these sizes, media, and paper will be offered as signed, numbered, and dated prints by Mark Roger Bailey.

For example, 250 WINGS & WATER artworks in each of three sizes -- 6"x9", 8"x12" and 12"x18" -- will be printed on acid-free, heavyweight museum-grade fine art paper.  Each is titled, signed, numbered, and dated by the artist.

Artist reserves the right to use these images to produce prints and other products and license these images to third parties for use in traditional, developing, and unforeseen new technology.

Updated: 2020 11 07   

 

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Trusted Art Seller

The presence of this badge signifies that this business has officially registered with the Art Storefronts Organization and has an established track record of selling art.

It also means that buyers can trust that they are buying from a legitimate business. Art sellers that conduct fraudulent activity or that receive numerous complaints from buyers will have this badge revoked. If you would like to file a complaint about this seller, please do so here.

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Verified Returns & Exchanges

The Art Storefronts Organization has verified that this business has provided a returns & exchanges policy for all art purchases.

Description of Policy from Merchant:

30 Day Total Satisfaction Guarantee – If you are not satisfied with your purchase of a Mark Roger Bailey limited edition artwork for any reason, you may return it within 30 days of your purchase date for a full refund. Please return it to an address we will provide you. Return shipping and insurance for the value of your purchase is your responsibility. We recommend that you ship via ground service with a tracking number. We cannot be responsible for lost packages. When we receive the artwork in as new condition, a full refund will be credited to your account. If your open edition artwork arrives damaged, please send a photo of the damaged artwork upon arrival via the Contact form so that we can replace it promptly for you.

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Verified Secure Website with Safe Checkout

This website provides a secure checkout with SSL encryption.

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Verified Archival Materials Used

The Art Storefronts Organization has verified that this Art Seller has published information about the archival materials used to create their products in an effort to provide transparency to buyers.

Description from Merchant:

Paper - I use only certified archivable genuine Hahnemuhle and Canson Infinity fine art papers for my limited edition prints. These are guaranteed long-lasting fine art papers that provide true-to detail museum and gallery-quality prints. Hahnemuhle and Canson are also leaders in sustainability. Inks – I use Epson Ultrachrome K3 Ink because it produces archival prints that possess excellent color fidelity and scratch resistance while providing consistently stable color and tonal values for up to 100 years without fading when properly framed, exhibited and stored.

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