Last updated: January 10, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.neilmarcello.com website (the “Service”) operated by Neil Marcello Studio (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All product prices are subject to change.
We warrant to you for a period of five (5) years from the sale date that if the product(s) sold by the us from our Service, is described as of the sale date in the product listing to be the work of a named authorship without qualification, then the property is authentic and is not a forgery (Authorship Warranty).
All products are signed by Neil Marcello the artist and sold through our Service and are the sole property of Neil Marcello Studio and subject to all copyright laws. All prints sold through our Service only will receive a Certificate of Authenticity (COA) serving as an extension to the Authorship Warranty.
Any products(s) not accompanied by the COA for any reason requires that you inform us to provide the COA at no additional cost to you, in order to maintain and thereby not void the authenticity of the product(s) sold to you. You will need to provide proof of purchase and any relevant document at the time to ensure you receive the missing COA.
The COA acts as your assurance that the product(s) are authentic and not a forgery so as long as it accompanies the product(s) sold to you and that you are still the owner of the product(s). We will not be responsible for any attempt to duplicate the original COA and use this duplicate as an Authorship Warranty by you or any 3rd party.
Remedies for Non-Payment
If, for any reason, you cancel any payment made by credit card or otherwise fail to pay the Total Purchase Price with respect to any product(s) purchased from our Service by the Payment Deadline, you will be in default (Buyer Default) and will be liable for payment of such Total Purchase Price and any other applicable charges.
In the event of Buyer Default in connection with any products(s), without limiting any other rights or remedies available to us (whether at law, in equity, or under these Conditions), subject to the Pennsylvania Uniform Commercial Code, we may cancel the sale of such product(s) to you (the defaulting buyer) and resell such product(s) either publicly or privately on terms we think fits, and you will be liable for payment of any deficiency between the resale price obtained by us and the purchase price originally owed by the defaulting buyer.
In any case, the defaulting buyer will be liable to us for any and all costs, expenses (including reasonable attorneys’ fees), and damages of whatever kind incurred in connection with such Buyer Default, the collection of any amounts due from the defaulting buyer, and/or (if applicable) the resale of the property at issue.
In addition, if the buyer for any reason fails to pay the Total Purchase Price with respect to any print(s) by the Payment Deadline, the buyer irrevocably authorizes us, at our option, to charge the buyer for any outstanding portion of such Total Purchase Price using any credit card information the buyer has provided through our Service, whether or not the buyer provided such credit card information in connection with the sale at issue.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Neil Marcello Studio and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Neil Marcello Studio.
No part of our Service or any of its contents may be reproduced, copied, modified or adapted, without the prior written prior consent.
Commercial use and distribution of the contents of the website is not allowed without express and prior written consent of the author.
No images on this site can be reproduced in any way without prior written permission from Neil Marcello Studio.
You may share our Service by any of the following means:
- Sharing to social media (Facebook, Twitter, Google +), or via email
- Providing a back-link or the URL of the content you wish to disseminate; and
- You may quote extracts from the website with attribution to www.neilmarcello.com
For any other mode of sharing, please contact us:
Resale of Products
You must not re-offer any products(s) purchased from our Service for sale, until you have paid for the product(s) in full and have otherwise assumed legal ownership and physical possession of the product(s).
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Neil Marcello Studio
Neil Marcello Studio has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Neil Marcello Studio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Neil Marcello Studio and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Neil Marcello Studio, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Neil Marcello Studio its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us: