Erwin Meyer Studio, LLC

Terms of Service and Online Sales of Artwork

Thank you for your interest in the artwork of Erwin Meyer, and welcome to the website of Erwin Meyer Studio, LLC (“EMS”). The following sets forth EMS’s Terms of Service and Terms of Online Sales of Artwork.

Terms of Service

By accessing this website owned by EMS, you are agreeing to EMS’s Terms of Service (“TOS”). If you do not agree to the TOS, please do not access or use EMS’s website. All of the artwork and copies thereof (collectively, “Work”) contained in EMS’s website, and all of the design elements and content contained in EMS’s website, are the sole and exclusive property of EMS and/or that of one or more of EMS’s vendors or other third parties with whom EMS has secured the right to incorporate such design elements and content. All rights in and to all of the Work and such design elements and content, including, but not limited to, all copyrights, trademarks, rights of publicity, and the like, are hereby expressly reserved except as may be specifically and expressly authorized in context in the website (e.g., you have the right to use the EMS Service (as defined below) to view copies of works and to purchase Works). Without limiting the foregoing, you may not copy or otherwise use any Work or any aspect of any Work unless you purchase it pursuant to the Terms of Online Sales of Artwork which are set forth below. Likewise, and again without limitation, you may not copy or otherwise use any of the design elements and content in EMS’s website except as may be specifically and expressly authorized in context in EMS’s website (e.g., again, you may use the EMS Service to view copies of works and to purchase Works).

Terms of Online Sales of Artwork

Thank you for your interest in purchasing one or more works of art or copies thereof (collectively “Works”) from Erwin Meyer Studio, LLC (“EMS”). The following shall constitute our agreement (“Agreement”) with regard to such purchase. By purchasing any Work from EMS through this or any of EMS’s other websites or online services, including, without limitation, sales via EMS’s shopping cart on this website or via email order (with payment executed via this site or third-party websites or systems or checks sent through the U.S.P.S.) or otherwise involving any online component in whole or part (altogether, the “EMS Service”), you are entering into a binding contract (the Agreement) with EMS.

1. EMS Warranties. EMS warrants the following: (1) that EMS is the exclusive representative of the artist Erwin Meyer (“Artist”) and his artwork; and (2) that EMS has all necessary rights to sell the Works via the EMS service, including, but not limited to, Works created by Artist.

2. Copyright and Reproduction. EMS reserves all reproduction rights, including the right to claim statutory copyright, in Works created by Artist (both the original and copies thereof, for the avoidance of doubt). The Work may not be photographed, sketched, painted, reproduced, altered, or publicly displayed (i.e., other than in your home or place of business) in any manner whatsoever without the express, written consent of EMS. By way of example, for the avoidance of doubt and not in limitation of EMS’s rights in any way, you may not make or distribute copies of the Work(s) you purchase and you may not commercially exploit any Work or copy thereof in any way whatsoever without EMS’s specific written permission in advance in each instance.

3. Delivery. Unless you and EMS agree otherwise in writing, EMS shall arrange for delivery of the Work you purchase no later than fifteen (15) days after the sale via the EMS System. The expenses of delivery (including, but not limited to, EMS’s in-house handling fee of 4%, packaging, any insurance and charges by third party delivery entities, e.g., UPS, Federal Express, USPS, etc.) shall be paid by you in advance via the EMS System. EMS shall not be liable for any loss or damage in connection with such delivery other than the obligation to timely arrange the delivery with a reputable delivery company. EMS (including through third party delivery vendor) shall not be obligated to attempt more than once to deliver the purchased Work. Should the EMS’s (or its third party delivery vendor’s) first reasonable attempt at delivery be unsuccessful, it shall be your sole responsibility to arrange and pay for any further delivery attempt, and EMS will reasonably cooperate with you to assist you in your delivery effort. Notwithstanding the foregoing in this Delivery section, you shall have the option to pick-up the Work or to arrange for its pick-up upon written notice to EMS at least two (2) business days prior to EMS’s shipping it to you, provided that EMS shall not be responsible for pulling the purchased Work from the delivery queue after such time, and provided further that you shall be responsible for any charges EMS incurs after such time (e.g., for packaging, delivery vendor charges that cannot be reversed, etc.).

4. Risk of Loss or Damage; Insurance. The risk of loss or damage to the Work and the obligation to insure the Work (should you choose to do so) shall be yours from the time of the initiation of the delivery process.

5. Returns. You shall have seven (7) days to return purchased Works for a refund of the purchase price and tax, less a return handling fee of four (4%) of the purchase price, provided that each such Work is timely returned to EMS (at your sole cost) in its original condition and packaging. Notwithstanding the foregoing, with regard to Works which EMS matts/frames for you, the expenses in connection therewith shall not be refundable, and EMS shall deduct the cost of such matting/framing from the otherwise applicable refund amount.

6. Sales of Original Works of Artist. The following shall apply solely to sales of originals of Works created by Artist (and shall not apply to copies):

a. Nondestruction. You shall not destroy the Work nor permit the Work to be destroyed without first offering to return ownership of the Work to EMS or its successor in interest.
b. Integrity. You shall not distort, mutilate, or otherwise alter the Work. In the event such distortion, mutilation, or other alteration occurs, whether by your action or otherwise, EMS or the Artist shall, in addition to any other rights and remedies, have the right to have Artist’s name removed from the Work and the right to have the distorted, mutilated or otherwise altered version of the Work no longer attributed to Artist.
c. Attribution. EMS and the Artist shall, at all times, have the right to have the Artist’s name appear on and/or with the Work and to have the Artist be acknowledged as its creator.
d. Right to Exhibit. Artist and/or EMS may borrow the Work for up to one hundred twenty (120) days, cumulatively, every four (4) years for exhibition. Such a loan for exhibition may be longer or more frequent, upon the mutual written agreement of the parties, and the agreement of neither party shall be unreasonably withheld. EMS shall give you written notice no later than thirty (30) days before the opening(s) and shall provide satisfactory proof of insurance and prepaid transportation. All expenses of the loan to EMS for such purposes shall be paid for by EMS.
e. Restoration: In the event of damage to the Work requiring restoration or repair, you shall, if practicable, offer EMS the first opportunity to restore or repair the Work and, in any case, shall consult with EMS with respect to the restoration or repairs.
f. Resale: You agree to notify EMS with the identity and contact information of the purchaser promptly upon any resale of the Work by you, and you shall provide a copy of the resale agreement to EMS along with such notification. Any resale of the Work must incorporate EMS’s rights contained herein, and the resale purchaser must agree to such terms, unless EMS agrees otherwise in writing in advance of the resale. On resale or other transfer of the Work for a price or value in excess of that paid by you to EMS for the Work, you agree to pay EMS, within twenty-one (21) days of your receipt of any funds or other consideration for the sale, ten percent (10%) of the fair market value of the Work as of the date of your transfer of ownership of the Work pursuant to the sale

7. Miscellany. This Agreement shall be binding upon you and your heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.