AGREEMENT BETWEEN USER AND www.rochaartanddesign.com

Welcome to www.rochaartanddesign.com. The www.rochaartanddesign.com website (the "Site") is comprised of various web pages and social media operated by Rocha Art and Design ("Rocha Art and Design"). www.rochaartanddesign.com 

is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.rochaartanddesign.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

www.rochaartanddesign.com is an e-commerce site showcasing original artwork and products by Rocha Art and Design.

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PRIVACY
Your use of www.rochaartanddesign.com is subject to Rocha Art and Design's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

​SERVICES

We offer a variety of painting and graphic design services. We will provide these services to you in a professional and timely manner, using high-quality materials and techniques. We will work with you to understand your needs and goals, and to provide services that meet your expectations.

 

PAYMENT

​We require a deposit for all projects before work can begin. The deposit amount will be based on the estimated cost of the project. The remaining balance will be due upon completion of the project. We accept payment by cash or check. We reserve the right to charge interest on any past-due balances. Project payments may vary depending on the project. This terms will be agreed upon approval of the scope of work.

 

CHANGES & CANCELLATION

If you need to make changes to your project, please let us know as soon as possible. We will work with you to make any necessary changes, but additional charges may apply. If you need to cancel your project, please let us know as soon as possible, however a portion of your deposit will be retained to cover any costs or expenses we have incurred.

 

ALL SALES FINAL / REFUND POLICY

Every order and sale is handled with extreme care. Please take the time to read descriptions carefully and the check colors on multiple screens if you are concerned about color variations. All sales are final. Custom artwork cannot be canceled once begun and are subject to the terms of our commission agreement.

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TERMINATION

​We reserve the right to terminate our services at any time if we determine, in our sole discretion, that it is necessary to do so. In such cases, we will provide you with a prorated refund of any fees paid.

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WARRANTY

We stand behind our work and guarantee that our services will be performed in a professional and workmanlike manner. If you are not satisfied with our services, please let us know and we will do everything we can to make it right. However, we are not responsible for any damage or loss caused by factors beyond our control, such as weather, natural disasters, or third-party actions.

 

DISCLAIMER OF WARRANTIES

We make no representations or warranties of any kind, express or implied, regarding our services or website. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use www.rochaartanddesign.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Rocha Art and Design that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Rocha Art and Design or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You are not authorized to reproduce images of our work without our express, written consent.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Rocha Art and Design content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Rocha Art and Design and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Rocha Art and Design or our licensors except as expressly authorized by these Terms.

 

Please note that Rocha Art and Design retains all rights to all artwork, even those of sold and commissioned original paintings. Rocha Art and Design retains the right to make reproductions of any and all artwork created unless the collector has purchased the full rights to the artwork (this is in addition to simply purchasing the original). The collector or buyer may not reproduce the artwork in any way without written permission.The collector has the right to display the artwork in their home or business. Artwork may not be resold or reproduced for profit in any way without the artist's written permission. Please let us know if you are interested in purchasing full rights to your painting.

 

​CONFIDENTIALITY

We will keep all information related to your project confidential, and will not disclose it to any third parties without your consent, except as required by law.

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USE OF COMMUNICATION SERVICES
The Site may contain social media, comments sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods

or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including

e-mail addresses, without their consent; violate any applicable laws or regulations.

Rocha Art and Design has no obligation to monitor the Communication Services. However, Rocha Art and Design reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Rocha Art and Design reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

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POSTING REVIEWS, PHOTOS AND CONTENT TO OUR SITE OR SOCIAL MEDIA

Rocha Art and Design does not claim ownership of the materials you provide to www.rochaartanddesign.com (including feedback and suggestions) or post, upload, input or submit to any Rocha Art and Design Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Rocha Art and Design, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission on websites or social media outlets.No compensation will be paid with respect to the use of your Submission, as provided herein. Rocha Art and Design is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Rocha Art and Design's sole discretion.By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You also agree to waive any and all claims against Rocha Art and Design for use of the images and/or any content you have provided.

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LIMITATION OF LIABILITY

Our liability for any claims arising out of or in connection with our services or website is limited to the amount paid by you for the services. In no event will we be liable for any indirect, incidental, consequential, or punitive damages.

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INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rocha Art and Design, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Rocha Art and Design reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rocha Art and Design in asserting any available defenses.

 

GOVERNING LAW​

These terms and conditions will be governed by and construed in accordance with the laws of the state where we are located.

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INTERNATIONAL USERS

The Service is controlled, operated and administered by Rocha Art and Design from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Rocha Art and Design Content accessed through www.rochaartanddesign.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

CHANGES OF TERMS & CONDITIONS

​We reserve the right to modify these terms and conditions at any time. We will notify you of any changes by posting the updated terms and conditions on our website. Your continued use of our website or services after any such changes will constitute your acceptance of the updated terms and conditions.

 

If you have any questions about these terms and conditions, please contact us.