Terms of Service

Effective Date: May 27, 2026

These Terms of Service govern your use of the website operated by 309 Artistry located at 309artistry.com. By accessing or using our website, creating an account, purchasing artwork, or submitting content, you agree to these Terms.

If you do not agree to these Terms, do not use the website.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or make purchases on this website.

By using this website, you represent that:

• You can legally enter into a binding agreement;
• The information you provide is accurate and current; and
• Your use of the website complies with all applicable laws.

2. Accounts

Users may create accounts to purchase artwork, track orders, request custom work, and access certain website features.

You are responsible for:

• Maintaining the confidentiality of your account credentials;
• Restricting access to your account;
• All activities conducted under your account.

We reserve the right to suspend or terminate accounts that:

• Violate these Terms;
• Provide false information;
• Engage in fraud, abuse, or unauthorized activity.

3. Artwork Sales

We sell original artwork, prints, commissions, and custom artwork through this website.

Availability

All artwork is subject to availability. We reserve the right to:

• Limit quantities;
• Refuse orders;
• Cancel listings;
• Correct pricing errors.

Pricing

Prices are listed in U.S. dollars unless otherwise stated.

We may change prices at any time without notice.

Payments

Payments are processed through third-party payment processors. We do not store full payment card information on our servers.

By submitting payment information, you authorize us and our payment providers to charge the applicable amount.

Shipping

Shipping timelines are estimates only and are not guaranteed.

We are not responsible for delays caused by:

• Carriers;
• Customs;
• Weather;
• Incorrect shipping addresses provided by customers.

Customers are responsible for any customs duties, taxes, or import fees.

4. Custom Artwork and User Submissions

Customers may upload files, images, text, references, or other materials ("User Content") for custom artwork requests.

By submitting User Content, you represent and warrant that:

• You own the content or have permission to use it;
• The content does not infringe intellectual property rights;
• The content is not unlawful, abusive, defamatory, obscene, or harmful.

License to Use Submitted Content

You grant us a non-exclusive, worldwide, royalty-free license to use submitted materials solely for:

• Creating commissioned artwork;
• Communicating about the project;
• Fulfilling and delivering the order.

We will not resell or publicly display custom reference materials without your permission unless otherwise agreed.

Refusal of Requests

We reserve the right to refuse any commission request that:

• Violates laws;
• Infringes third-party rights;
• Contains hateful, abusive, or explicit unlawful content;
• Is otherwise inappropriate at our discretion.

5. Intellectual Property

All artwork, images, graphics, logos, branding, website content, and designs on this website are owned by 309 Artistry or licensed to us and are protected by intellectual property laws.

Ownership of Artwork

Unless explicitly stated otherwise in writing:

• Purchasing artwork does not transfer copyright ownership;
• You may not reproduce, distribute, modify, mint as NFTs, or commercially exploit purchased artwork without written permission.

Personal Use License

Customers purchasing physical artwork or personal commissions receive a limited, non-transferable license for personal, non-commercial use only.

Commercial usage rights must be separately negotiated in writing.

6. Prohibited Uses

You agree not to:

• Use the website unlawfully;
• Attempt to gain unauthorized access to systems or accounts;
• Interfere with website security or functionality;
• Upload viruses or malicious code;
• Use bots or automated scraping tools;
• Harass, threaten, or abuse others;
• Infringe intellectual property rights.

7. Refunds and Cancellations

Physical Artwork

Refunds or returns may be accepted within 30 days of delivery for damaged or incorrect items.

Customers must contact us with supporting photos and order information.

Custom Artwork

Due to the personalized nature of commissions and custom work:

• Deposits may be non-refundable;
• Completed custom artwork is generally non-refundable;
• Refund eligibility for cancellations depends on work already completed.

We reserve the right to evaluate refund requests case-by-case.

8. Disclaimer of Warranties

The website and all products and services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including:

• Merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Availability or uninterrupted access.

We do not guarantee that the website will always be secure, error-free, or uninterrupted.

9. Limitation of Liability

To the fullest extent permitted by law, 309 Artistry shall not be liable for:

• Indirect damages;
• Consequential damages;
• Lost profits;
• Loss of data;
• Emotional distress;
• Business interruption.

Our total liability relating to any claim shall not exceed the amount paid by you for the applicable order.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless 309 Artistry, its owners, affiliates, employees, and contractors from claims, damages, liabilities, and expenses arising from:

• Your use of the website;
• Your violation of these Terms;
• Your submitted content;
• Your infringement of third-party rights.

11. Third-Party Services

We may use third-party providers for:

• Payment processing;
• Hosting;
• Analytics;
• Email communication;
• Shipping.

We are not responsible for third-party websites, services, or policies.

12. Privacy

Your use of the website is also governed by our Privacy Policy.

13. Termination

We may suspend or terminate access to the website at any time for violations of these Terms or harmful conduct.

Sections relating to intellectual property, limitations of liability, indemnification, and governing law survive termination.

14. Governing Law

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

Any disputes shall be resolved in the courts located in the United States.

15. Changes to These Terms

We may update these Terms periodically.

Updated versions will be posted with a revised effective date.

Continued use of the website after updates constitutes acceptance of the revised Terms.

16. Contact Information

If you have questions about these Terms, contact us at:

309 Artistry
Email: 309artistry@gmail.com
Website: 309artistry.com