Welcome to Mosstower Studios LLC’s Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at mosstowerstudios.com. “Service” refers to the Company’s services accessed via the Site, in which users can purchase products, view and engage with content, and contact the Company. “Work” refers to the Company’s offerings, including Fine Art Paintings, Commissioned Art and Design Work, Art Reproductions, Stationery, Textile Artwork, Surface Designs, Classes, Patterns, Workshops, Resources, Consultations, Articles and other products, work, or services, as well as the preliminary designs, marketing imagery and materials, and any incidental works made in the creation of the Work. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

The following Terms of Use apply when you view or use the Service via our website located at mosstowerstudios.com. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

You may cancel your order within 1 hour of purchase by emailing hello@mosstowerstudios.com.

We want to make sure you have a great experience shopping at our store. All products and artwork are inspected before shipping and packaged carefully to ensure their safe arrival. Does something look off with your order? Email us at hello@mosstowerstudios.com to discuss possible return and exchange options. We typically accept the return or exchange of unused products (stationery, stickers, pins, etc.) if you contact us within one week of when you received your order. We can only accept returns or exchanges of original artwork in a few extreme circumstances. Any such pre-approved returns of original artwork are subject to a restocking fee of up to twenty (20%) percent. In the unlikely event that original artwork is damaged in shipping, we can help you file an insurance claim with the shipping service. Please contact us at hello@mosstowerstudios.com within 48 hours of receiving your package with proof of damage if you would like support with your insurance claim. When processing your insurance claim, it is helpful to have images of both the damaged package and the damaged artwork.

The Company respects the privacy of its users. Please refer to the Company’s Privacy Policy (found here: mosstowerstudios.com/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

No part of the materials available through mosstowerstudios.com may be copied or reproduced, in whole or in part, without prior written consent of Mosstower Studios LLC. Sale, publication, or any other commercial use is strictly prohibited without the prior written consent of Mosstower Studios. All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Mosstower Studios LLC.

Copyright of the Work, including artwork, designs, products, images, and all other content on this site, is retained by Mosstower Studios. Mosstower Studios reserves all rights of reproduction for the Work, this includes the right to reproduce commissions and consultation work, unless otherwise specified in a project’s contract.

Any image in a 3rd party publication (such as a magazine or social media account) which includes artwork or designs from Mosstower Studios must have a caption crediting Mosstower Studios. The name of the Artist shall appear with the Work, and the Artist shall also receive authorship credit in connection with the Work or any reproductions of the Work. The Client agrees that they will not alter Mosstower Studios’ work in a public manner or on the internet.

For contractual purposes, customers: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by using the “Unsubscribe” link in the message or by sending an email to hello@mosstowerstudios.com. Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

You are responsible for maintaining the confidentiality of the username and password and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Mosstower Studios of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mosstower Studios will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature.

Mosstower Studios reserves the right at its sole discretion to refuse or cancel service. Mosstower Studios also reserves the right to refuse and remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions. You agree that you will not under any circumstances:

• access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,

• collect or harvest any personal data of any user of the Site or the Service 

• distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);

• use the Service for any unlawful purpose or for the promotion of illegal activities;

• attempt to, or harass, abuse or harm another person or group;

• use another user’s account without permission;

• provide false or inaccurate information when registering an account;

• interfere or attempt to interfere with the proper functioning of the Service;

• make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

• bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; 

• circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or 

• publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

The service is provided “as is,” without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Massachusetts, without regard to conflict of law provisions. We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. you further acknowledge that these terms of use together with the privacy policy at www.mosstowerstudios.com/privacy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.