The following terms ("Terms of Use") constitute an agreement between Francesca Bandino and you that governs your use of this website and all of its associated services, content and functionality. This policy applies to the website administered by Francesca Bandino ("Website"), located at https://www.francescabandino.com/.
 
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use.  Francesca Bandino reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
 
Purchase Policies
 
On the Website, you will find pictures of select original paintings by Francesca Bandino. Payments are due before an order is shipped. Payment for products purchased in person or by invoice is managed through Square. You may also be bound by Square’s terms of service, privacy policies or any other applicable policy. Please refer to Square’s website for such policies. Payment for products purchased through the commerce platform is managed through Stripe. You may also be bound by Striped’s terms of service, privacy policies or any other applicable policy. Please refer to Stripe’s website for such policies.
 
Refund Policy
 
If you are not satisfied with your purchase, you may return it within 30 days of the original purchase date. The item must be in new, unused, resalable condition. Francesca Bandino reserves the right to limit or refute returns. If you received an item that was damaged in shipping, please contact Francesca Bandino for instructions. In some cases, a photo of the damage may be requested.


 
PRIVACY POLICY
 
What Personal Information Does the Website Collect and How Is This Personal Information Used?
The Website may receive and store information that you voluntarily submit through the Website for the purpose of subscribing to the Website to receive newsletters or to contact Francesca Bandino.
The Website may receive and store certain types of usage-related information when you interact with the Website, including, but not limited to, your computer's IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.
The Website may use third-party advertising companies to serve content and advertisements when you visit the Website, which may use cookies or web beacons. No personal information is shared with the Website's ad providers.
The Website uses Squarespace Analytics to track statistics regarding our audience and Website traffic. No personally identifiable information is transferred from the Website to Squarespace Analytics. For more information on Squarespace’s Analytics privacy policies, please visit this site.
The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Squarespace Analytics, as described above.
The Website uses Square to service its ecommerce platform. Personal information, such as name, address, email address, credit card information and personal preferences, is collected for purposes of order fulfillment. All personal information transferred back to Francesca Bandino is used for order fulfillment and addressing any customer service inquiries.
From time to time, the website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone's past visits to the Website. At any time, you may opt out of Google Ads by modifying your Google Ad settings.
Third-Party Use of Personal Information
The Website may provide personal information to an applicable third party in order to provide services. Currently, the Website uses the services of MailChimp for delivery of email updates. MailChimp’s use of your personal information is subject to MailChimp’s Privacy Policy. 
 
The Website uses Stripe for its ecommerce platform. All personal information entered into Stripe will be subject to Square’s privacy policy.
 
The Website uses Squarespace’s contact form to gather participant information.  All personal information entered into Squarespace’s Contact Forms will be subject to Squarespace's Terms of Service.
 
At this time, your personal information is not shared with any other third-party applications. If a new service provider is engaged, these terms will be amended accordingly.
 
Will the Website Share the Personal Information It Collects?
The Website will not sell, distribute, or reveal users’ email addresses or other personal information, except when required by law, without their consent.
Francesca Bandino may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
Modification or Deletion of Personal Information
You can decline to submit personal information at any time. If you decline, Francesca Bandino may not be able to continue to provide service to you. You may request deletion of your personal information by sending an email to francesca@francescabandino.com, but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.
CHILDREN'S INFORMATION
The Website is not intended for use by children under the age of 13.  Francesca Bandino does not knowingly collect or solicit any personally identifiable information from children under the age of 13.  In the event we learn that we have collected personal information from a child under the age of 13 years of age, we will delete the information as soon as possible.  If you believe we have information from a child under the age of 13 years old, please contact us immediately at francesca@francescabandino.com.
 
 
DISCLAIMER
 
Francesca Bandino has made every effort to ensure that all information on the Website have been tested for accuracy. Francesca Bandino makes no guarantees regarding the results that you will see from using the information provided on the Website.
 
CONTENT DISCLAIMER
 
All Website content is provided for informational purposes only.  Use of the Website does not form any relationship between the user and Francesca Bandino.  Francesca Bandino has made every effort to ensure that all materials within the Website have been tested for accuracy.  The information provided on the Website is provided "as is" without any representations or warranties, express or implied. Francesca Bandino makes no representations or warranties in relation to the information provided in the content.
 
Francesca Bandino disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Francesca Bandino assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
 
YOUR RESPONSIBILITY
 
You understand and agree that you are fully responsible for your use of the information provided on the Website. Francesca Bandino makes no representations, warranties or guarantees. You understand that results may vary from person to person. Francesca Bandino assumes no responsibility for errors or omissions that may appear in the Website.
 
USE OF THE WEBSITE
 
Unless otherwise stated, Francesca Bandino owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
 
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
 
The following uses are not permitted:
 

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;

  • Sale, rental or sub-license of any content from the Website;

  • Reproduction or duplication of any content on the Website for commercial purposes;

  • Modification of any content on this Website, unless content is specifically and expressly made available for modification;

  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

 
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Francesca Bandino's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Francesca Bandino.
 
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
 
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Francesca Bandino's express written permission.
 
You must not use the Website to transmit or send any unsolicited commercial communications.
 
You must not use the Website for any third-party marketing without FreeStyle Art's express written permission.
 
COPYRIGHT
 
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Francesca Bandino or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
 
All text, blog posts, comments, articles, how-to guides, photographs, video, graphics, images, and other information, in any form or medium, unless cited otherwise by Francesca Bandino (collectively, the “Francesca Bandino Content”) is owned by Francesca Bandino and protected by copyright law.
 
You may use the Francesca Bandino Content for your personal, noncommercial use, and you may download or print a copy of the Francesca Bandino Content provided you do not remove any trademark, copyright, or other notice from such Francesca Bandino Content. Your use of Francesca Bandino Content does not make you a representative or agent of Francesca Bandino, and you may not hold yourself out as such. If you wish to share Francesca Bandino Content, or you operate a website and wish to link to Francesca Bandino, you may do so provided you agree to terminate such link upon Francesca Bandino’s request. Just as Francesca Bandino may from time to time excerpt materials from other sources in order to support the Francesca Bandino Content, we respect the right of others to use the Francesca Bandino Content so long as such use is consistent with the principles of “fair use” and cited accordingly.
 
All other uses are expressly prohibited without the prior written consent of Francesca Bandino. Such prohibited uses include, but are not limited to, republishing any portion of Francesca Bandino Content, modifying or creating derivative works from the Francesca Bandino Content, entering the Francesca Bandino Content into a database, distributing any Francesca Bandino Content to others whether for payment or other consideration, decompiling, reverse engineering, disassembling any software or other products or processes accessible through the Website, inserting any code or product into the Website, or data mining, data gathering, or other extracting.
 
TRADEMARKS
 
Francesca Bandino is a trademark and is protected by United States trademark law. Francesca Bandino’s trademarks and trade dress may not be used in connection with any product or service that is not Francesca Bandino's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Francesca Bandino.
 
From time to time, the Website will legally utilize trademarks owned by third parties related to Francesca Bandino's services. These trademarks are the respective property of their owners.
 
GRANT OF RIGHTS
 
You grant Francesca Bandino a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Francesca Bandino the right to sub-license these rights and the right to bring an action for infringement of these rights.
 
 CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Francesca Bandino or a third party.
 
Francesca Bandino reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Francesca Bandino's servers; or, (iii) hosted or published on the Website. Francesca Bandino takes no responsibility and assumes no liability for any content posted by you or any third party.
 
Notwithstanding Francesca Bandino's rights under the Terms of Use, Francesca Bandino does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
 
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to francesca.bandino@gmail.com and we will remove the image within 24 to 48 hours.
 
COMMUNICATION
 
If you send Francesca Bandino an email, register to use the Website or provide your email to Francesca Bandino in any other way, you consent to receive communications from Francesca Bandino electronically. You agree that all legal notices provided via electronic means from Francesca Bandino satisfy any requirement for written notice.
 
THIRD PARTIES
 
The Website contains links to third-party websites that are not governed or controlled by Francesca Bandino. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Francesca Bandino assumes no control or liability over the content of any third-party sites. You expressly hold harmless Francesca Bandino from any and all liability related to your use of a third-party website.
 
Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold FreeStyle Art harmless from any and all liability in any dispute.
 
NO WARRANTIES
 
The Website are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Francesca Bandino makes no representations or warranties in relation to the Website or the information and materials provided therein.
 
Francesca Bandino makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Francesca Bandino is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language. 
 
LIMITATION OF LIABILITY
 
FRANCESCA BANDINO WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
INDEMNITY
 
You agree to defend, indemnify and hold Francesca Bandino, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Francesca Bandino suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
 
ARBITRATION
 
The Terms of Use will be governed and construed in accordance with the laws of the State of New Jersey. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Morris ­­­­­­­­­­­­­­­County, New Jersey. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
 
MISCELLANEOUS PROVISIONS
 
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
 
The Terms of Use may not be assigned by you without Francesca Bandino's prior written consent, however, the Terms of Use may be assigned by Francesca Bandino in its sole discretion.
 
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Francesca Bandino.
 
The Terms of Use may not be altered or modified except by prior written agreement by the parties.
 
All notices with respect to the Terms of Use must be in writing and may be sent via email to francesca.bandino@gmail.com for Francesca Bandino and to your email address.