TERMS AND CONDITIONS

The following terms ("Terms of Use") constitute an agreement between FreeStyle Art, LLC d/b/a Francesca Bandino ("Bandino"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Bandino (the "Website"), located at https://www.francescabandino.com/. 

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Bandino reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. 

PURCHASE POLICIES

On the Website, you may purchase products, such as original paintings, limited edition prints and other merchandise containing Bandino’s original art (the "Products").  

Refund Policy

If you are not satisfied with your purchase of the Product, you may return it within thirty (30) days of the original purchase date. The item must be in new, unused, resalable condition. Bandino reserves the right to limit or refuse to accept a return. If you received an item that was damaged in shipping, please contact Francesca Bandino for instructions. In some cases, a photo of the damage may be requested.

Gift cards and/or gift certificates are not refundable.

LICENSE FOR USE OF PRODUCTS

All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.

CHILDREN'S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at francesca@francescabandino.com and we will use our best efforts to promptly remove such information from our records.

GENERAL DISCLAIMER

Bandino has made every effort to ensure that all information on the Website has been tested for accuracy. Bandino makes no guarantees regarding the results that you will see from using the information provided on the Website. 

Bandino disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Bandino assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website. 

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Bandino makes no representations, warranties or guarantees. You understand that results may vary from person to person. Bandino assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE 

Unless otherwise stated, Bandino owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved. 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. 

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication; 

  • Sale, rental or sub-license of any content from the Website;

  • Reproduction or duplication of any content on the Website for commercial purposes; 

  • Modification of any content on the Website, unless content is specifically and expressly made available for modification; 

  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included. 

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Bandino's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Bandino.

You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Bandino's express written permission. 

You must not use the Website to transmit or send any unsolicited commercial communications. 

You must not use the Website for any third-party marketing without Bandino's express written permission.

INTELLECTUAL PROPERTY

All original materials provided by Bandino are owned by Bandino. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Bandino's intellectual property. All intellectual property remains the property of Bandino. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Bandino will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. 

Certain of the names, logos, and other materials displayed on the Website constitute Bandino's intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Bandino IP").  You are not authorized to use any Bandino IP without Bandino's express consent. Ownership of Bandino IP remains with Bandino and You agree not to make any claims or assertions of any other party's ownership of Bandino IP.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Bandino or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. 

GRANT OF RIGHTS

You grant Bandino a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Bandino the right to sub-license these rights and the right to bring an action for infringement of these rights. 

EQUITABLE RELIEF

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Bandino may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Bandino shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Bandino or a third party. 

Bandino reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Bandino's servers; or, (iii) hosted or published on the Website. Bandino takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Bandino's rights under the Terms of Use, Bandino does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.   

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to francesca@francescabandino.com and we will remove the image within 24 to 48 hours.

COMMUNICATION

If you send Bandino an email, register to use the Website or provide your email to Bandino in any other way, you consent to receive communications from Bandino electronically. You agree that all legal notices provided via electronic means from Bandino satisfy any requirement for written notice.

THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by Bandino. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Bandino assumes no control or liability over the content of any third-party sites. You expressly hold harmless Bandino from any and all liability related to your use of a third-party website. 

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Bandino harmless from any and all liability in any dispute.

NO WARRANTIES 

The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Bandino makes no representations or warranties in relation to the Website, or the information and materials provided therein. 

Bandino makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Bandino is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.  

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWABLE BY LAW, BANDINO WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

INDEMNITY

You agree to defend, indemnify and hold Bandino, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Bandino suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of California. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in San Diego County, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. 

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. 

The Terms of Use may not be assigned by you without Bandino's prior written consent, however, the Terms of Use may be assigned by Bandino in its sole discretion. 

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Bandino. 

All notices with respect to the Terms of Use must be in writing and may be via email to francesca@francescabandino.com for Bandino and to your email address. 

Last updated: March 22, 2020.