Terms of Service

1. Acceptance of Terms

By accessing or using this website, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using this website.

2. Definitions

• "We," "us," "our" refers to Ulises Bretana
• "You," "your" refers to the user or purchaser
• "Website" refers to this website and all its pages
• "Artwork" refers to original paintings, prints, and other art products offered for sale
• "Services" refers to the website and all related services we provide

3. Use of Website

Permitted Use

You may use this website for personal, non-commercial purposes related to viewing and purchasing artwork.

Prohibited Use

You agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorized access to any portion of the website
• Interfere with or disrupt the website's operation
• Use automated systems (bots, scrapers) to access the website
• Copy, reproduce, or distribute website content without permission
• Upload viruses, malware, or other harmful code
• Impersonate any person or entity
• Collect or harvest personal information about other users

4. Intellectual Property Rights

Artwork Copyright

All artwork displayed on this website is protected by copyright law and remains the exclusive property of Ulises Bretana. Purchase of original artwork does not transfer copyright unless explicitly stated in writing.

Reproduction Rights

Unless otherwise specified in your purchase agreement:

• You may not reproduce, duplicate, copy, or create derivative works from purchased artwork
• You may not use artwork for commercial purposes
• You may not publicly display artwork for profit without written permission
• You may display purchased artwork in your private residence or office

Ownership and Resale Rights

Purchase of physical artwork conveys ownership of that specific physical piece only.

You may:

• Resell, donate, or transfer ownership of the physical artwork
• Display the artwork publicly or privately
• Include images of the artwork in resale catalogs, auction listings, or gallery exhibitions
• Allow editorial or press coverage of the artwork

Purchase does NOT convey reproduction or copyright rights. You may NOT:

• Create prints, reproductions, or merchandise featuring the artwork
• Use the artwork or its image for commercial advertising or promotional purposes
• Create derivative works based on the artwork
• License the image to third parties

For uses beyond resale and editorial purposes, written permission from Ulises Bretana is required.

Copyright and all reproduction rights remain exclusively with Ulises Bretana.

Website Content

All website content, including text, images, graphics, logos, and design elements, is owned by us or our licensors and protected by copyright and trademark laws.

5. Product Descriptions and Pricing

We make every effort to accurately display the colors, features, and specifications of our artwork. However, colors may vary slightly due to monitor settings and photographic reproduction.

We reserve the right to:

• Correct pricing errors
• Change prices without notice
• Limit quantities available for purchase
• Refuse or cancel orders at our discretion

If we discover a pricing error after you've placed an order, we will notify you and give you the option to proceed at the correct price or cancel your order for a full refund.

6. Orders and Payment

Order Acceptance

Your order is an offer to purchase artwork. We reserve the right to accept or reject any order for any reason, including but not limited to:

• Product availability
• Errors in product or pricing information
• Suspected fraudulent transactions
• Credit card authorization failure

Payment

Payment must be received in full before artwork is shipped. We accept payment through Stripe, which supports major credit cards and other payment methods. You agree to pay all charges at the prices in effect when you place your order, plus applicable taxes and shipping costs.

Sales Tax

Florida sales tax (7%) will be collected on all orders shipped to Florida addresses as required by law.

7. Shipping and Delivery

Shipping terms are detailed in our Shipping Policy, which is incorporated into these Terms by reference. We are not responsible for delays caused by shipping carriers, customs, or circumstances beyond our control.

Title and risk of loss pass to you upon delivery to the shipping carrier.

8. Returns and Refunds

Our return and refund policy is detailed in our Refund and Return Policy, which is incorporated into these Terms by reference.

9. Authenticity and Condition

Original Artwork

We guarantee that all original artwork is authentic and created by Ulises Bretana. Each original piece is accompanied by a certificate of authenticity.

Condition

All artwork is inspected before shipping and is in excellent condition unless otherwise noted in the product description.

10. Limitation of Liability

We are not liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Damages resulting from your use or inability to use the website
• Damages resulting from unauthorized access to or alteration of your data
• Damages resulting from third-party services (shipping carriers, payment processors)

Maximum Liability

Our total liability for any claim arising from your purchase or use of the website shall not exceed the amount you paid for the artwork in question.

11. Indemnification

You agree to indemnify, defend, and hold harmless Ulises Bretana and our affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your use of the website
• Your unauthorized reproduction or commercial use of purchased artwork

12. Warranty Disclaimer

THE WEBSITE AND ALL ARTWORK ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The website will be uninterrupted, secure, or error-free
• Defects will be corrected
• The website is free of viruses or harmful components

13. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

Jurisdiction

Any disputes arising from these Terms or your use of the website shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to the personal jurisdiction of these courts.

Informal Resolution

Before filing any legal action, you agree to first contact us at ulibretana@gmail.com to attempt to resolve the dispute informally.

Class Action Waiver

You agree to resolve disputes on an individual basis only and waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or weather events
• War, terrorism, or civil unrest
• Government actions or regulations
• Pandemics or public health emergencies
• Strikes, labor disputes, or supplier failures
• Internet, telecommunications, or utility failures

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, and Refund and Return Policy, constitute the entire agreement between you and us regarding use of the website and purchase of artwork.

17. Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

18. Assignment

You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may assign these Terms without restriction.

19. Modification of Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website with a new effective date. Your continued use of the website after changes constitutes acceptance of the modified Terms.

Material changes will be communicated through a notice on our website homepage.

20. Termination

We may terminate or suspend your access to the website immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

21. Contact Information

For questions about these Terms of Service, please contact us at:

22. Acknowledgment

By using this website and purchasing artwork, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.