Terms of Service
OVERVIEW
This website is operated by Caley Van Cleave Studio LLC. Throughout the site, the terms “we”, “us” and “our” refer to Caley Van Cleave. We offer this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein.
SECTION 1 – ONLINE STORE TERMS & GENERAL CONDITIONS
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). We reserve the right to refuse service to anyone for any reason at any time.
SECTION 2 – PRODUCTS (ORIGINAL ARTWORKS)
Certain products may be available exclusively online through the website. These products (specifically original artworks) are unique, one-of-a-kind items.
Color Accuracy: We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
Final Sale: Original artworks are subject to return or exchange only according to our Refund Policy.
SECTION 3 – INTELLECTUAL PROPERTY & COPYRIGHT RETENTION
All artwork, images, and content displayed on this website are the sole property of Caley Van Cleave Studio LLC.
Ownership of Rights: The purchase of an original physical artwork does not constitute a transfer of copyright or intellectual property rights.
Reproduction Rights: Caley Van Cleave explicitly reserves all rights to the reproduction, licensing, and digital display of the artwork in perpetuity. This includes the right to create prints or digital versions of a work even after the physical original has been sold.
Buyer Restrictions: The buyer may not scan, reproduce, or commercially exploit the artwork in any form without prior written consent and a separate licensing agreement from the Artist.
SECTION 4 – ANTI-AI & WEB SCRAPING PROTECTIONS
I strictly prohibit the unauthorized use of my artwork for machine learning or artificial intelligence purposes.
No AI Training: You are expressly prohibited from using any content from this website to train, develop, or improve generative artificial intelligence (AI) models or algorithms.
No Automated Extraction: The use of robots, spiders, crawlers, or any automated data-mining tools to scrape images or text from this website for any purpose—including AI model synthesis—is strictly forbidden.
SECTION 5 – PROHIBITED USES
In addition to other prohibitions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (d) to infringe upon or violate our intellectual property rights; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (k) to interfere with or circumvent the security features of the Service.
SECTION 6 – LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted or error-free. You expressly agree that your use of the service is at your sole risk. In no case shall Caley Van Cleave Studio LLC be liable for any injury, loss, claim, or any direct, indirect, or consequential damages of any kind, including lost profits or replacement costs, arising from your use of the service or any products procured using the service.
SECTION 7 – INDEMNIFICATION
You agree to indemnify and hold harmless Caley Van Cleave Studio LLC from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.
SECTION 8 – SEVERABILITY & TERMINATION
In the event that any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be severed, and the remaining provisions shall remain valid and enforceable. These Terms are effective unless and until terminated by either you or us.
SECTION 9 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States.
SECTION 10 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us through the contact at caley@caleyvancleave.com.