Terms of Service
Emma Sage Fine Art Website: www.emmasagefineart.com Effective Date: September 18, 2026 Last Updated: September 18, 2026
Welcome to Emma Sage Fine Art. These Terms of Service ("Terms") govern your access to and use of www.emmasagefineart.com (the "Site"), including browsing, purchasing artwork or products, commissioning custom pet portraits, submitting content, or subscribing to our newsletter.
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. Who We Are
Emma Sage Fine Art is a sole proprietorship based in Santa Monica, California, offering original acrylic paintings, prints, and custom pet portrait commissions.
Contact: emma@emmasagefineart.com
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to make a purchase on the Site. By using the Site, you represent that you meet this requirement, or are using the Site under the supervision of a parent or guardian.
3. Intellectual Property and Copyright
3.1 Our Content
All artwork, images, product photos, designs, text, logos, and other content on the Site (the "Content") are the original creations of Emma Sage Fine Art and are protected by U.S. and international copyright, trademark, and other intellectual property laws.
You may not, without our prior written permission:
Copy, reproduce, distribute, or publicly display any artwork, image, or design from the Site
Use our artwork or Content for commercial purposes, including resale, merchandise, or derivative works
Remove or alter any copyright, watermark, or attribution notices
Scrape, download in bulk, or systematically archive Content from the Site
Purchasing a physical or digital product (such as a print) grants you ownership of that individual item for personal use only. It does not transfer the underlying copyright or any right to reproduce, license, or commercially exploit the artwork, unless expressly agreed in writing (for example, in a separate licensing agreement).
3.2 Custom Pet Portrait Commissions
When you commission a custom portrait, you retain ownership of the photos you submit, and you represent that you have the right to submit them (e.g., they are your own photos, or you have permission from the photographer/owner). Emma Sage Fine Art retains copyright ownership of the resulting artwork as the original creator, consistent with standard commission practice, unless a separate written agreement states otherwise. We may request permission to display the finished piece in our portfolio or on social media — you will always be asked before we do this.
3.3 Reporting Copyright Infringement
If you believe your copyrighted work has been used on this Site without authorization, please contact us at emma@emmasagefineart.com with a description of the work and its location on the Site, and we will investigate promptly.
3.4 Trademarks
"Emma Sage Fine Art" and associated logos are trademarks of the Company. You may not use them without our prior written consent.
4. Acceptable Use
By using the Site, you agree that you will not:
4.1 Violate Intellectual Property Rights
Upload, submit, or transmit any content (including images for custom commissions) that infringes on the copyright, trademark, or other intellectual property rights of any third party. You are responsible for ensuring you have the rights to any content you submit to us.
4.2 Spam or Abuse Communication Features
Use any contact form, comment section, review feature, or newsletter reply function to send spam, unsolicited advertising, chain letters, or bulk unsolicited messages
Harvest or collect email addresses or other contact information of other users or visitors for the purpose of sending unsolicited communications
Impersonate any person or entity, or misrepresent your affiliation with a person or entity, in any communication through the Site
Use automated means (bots, scrapers) to interact with the Site, submit forms, or create accounts
4.3 Engage in Illegal Activity
Use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation
Use the Site to transmit any viruses, malware, or harmful code
Attempt to gain unauthorized access to the Site, its servers, or any connected systems or networks
Engage in fraud, including using stolen payment information or submitting fraudulent chargebacks
Interfere with or disrupt the operation of the Site or the servers/networks used to make it available
We reserve the right to refuse service, cancel orders, remove content, and/or terminate access to the Site for any user who violates this section, at our sole discretion.
5. Purchases, Payment, and Custom Commissions
All prices are listed in U.S. dollars unless otherwise stated and are subject to change without notice.
Payment is processed securely through our third-party payment processor (Squarespace Payments); we do not store your full payment card details.
Custom pet portrait commissions may require a deposit or full payment upfront. Turnaround times, revision policies, and cancellation terms for commissions will be communicated at the time of order.
We reserve the right to refuse or cancel any order at our discretion, including in cases of suspected fraud, pricing errors, or inability to fulfill the commission.
6. Shipping and Returns
Shipping timelines, costs, and our return/exchange policies for original artwork, prints, and custom commissions will be provided at checkout or in a separate Shipping & Returns policy. Because custom commissions are made specifically for you, they are generally final sale unless the item arrives damaged or materially different from what was agreed upon.
7. User-Submitted Content
If the Site allows you to submit reviews, comments, photos of your pet for a commission, or other content, you grant Emma Sage Fine Art a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with operating and promoting the Site, except that we will not use photos you submit for a private commission publicly without asking you first (see Section 3.2). You are solely responsible for the content you submit and confirm you have the right to share it.
8. Disclaimer of Warranties
The Site and all products are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Colors, textures, and details of original paintings may vary slightly from photos shown on the Site due to lighting, screen settings, and the handmade nature of the work.
9. Limitation of Liability
To the fullest extent permitted by law, Emma Sage Fine Art shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or purchase of any product, even if advised of the possibility of such damages. Our total liability for any claim arising from your use of the Site or a purchase shall not exceed the amount you paid for the product giving rise to the claim.
10. Indemnification
You agree to indemnify and hold harmless Emma Sage Fine Art from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Site, or content you submit that infringes on a third party's rights.
11. Third-Party Links and Services
The Site may link to or integrate with third-party services (such as Etsy, social media platforms, or payment processors). We are not responsible for the content, policies, or practices of those third parties.
12. Termination
We reserve the right to suspend or terminate your access to the Site at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Site shall be resolved in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.
14. Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
15. Contact Us
Questions about these Terms can be directed to:
Emma Sage Fine Art Email: emma@emmasagefineart.com Website: www.emmasagefineart.com