Terms & conditions

 
 
Welcome to the Mosqueda Farms website. We're glad you're here. Our website is one of the main ways that we interact with our customers, and as such, there are legal ramifications to your use of the website and our services. These Terms of Service (hereinafter, the "Agreement") state the terms and conditions that govern your use of this website and our other services.
 
1. LEGALLY BINDING CONTRACT
The first thing you should know is that this Agreement constitutes a legally binding contract between you and mosquedafarms.com. Our official company name is Mosqueda Farms LLC. but we operate under the name mosquedafarms.com. Hereinafter, whenever we use the terms "MosquedaFarms.com," "We," "Us, or "Our," please note that we are referring to MosquedaFarms.com. Agreement applies to your use of this website as well as any services we provide, such as selling and delivering artwork and other products. This Agreement applies whether you are in the United States or another country. Because we also collect information from you with this website, we also have a Privacy Policy that is offered for your reading purposes, and it may be updated at any time. You agree to this Agreement by doing any one of the following: Using, accessing, or viewing this website; Registering for or using an online account through this website; Submitting content, such as product reviews, to us for publication; Submitting artwork to us to market or sell through this website; Ordering or purchasing artwork or other products from us. Please read this Agreement carefully. If you do not agree to this Agreement or our Privacy Policy, you may not access or otherwise use this website or purchase products or services from us.
 
2. GENERAL PROVISIONS APPLICABLE TO ALL USERS
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on this website. Such changes shall only be effective after posting such notice. By using this website after such changes are made, you agree to such changes. This Agreement constitutes the entire agreement between MosquedaFarms.com and you with respect to your use of this website and any transaction with MosquedaFarms.com, such as the purchase of artwork or other products or services. Any cause of action you may have with MosquedaFarms.com, including but not limited to claims for breach of contract or relating to claims related to certain representations, must be commenced within (90) days after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. MosquedaFarms.com disclaims any and all responsibility for content contained in any third party materials provided through links from this website. You agree that you will not solicit any artists or galleries whose products are marketed and sold on MosquedaFarms.com. You further agree that you will not solicit other visitors or users of MosquedaFarms.com.
 
3. USING OUR WEBSITE
When you access, view, or use this website, you agree to the terms of this Agreement. With the exception of Google, Yahoo!, Bing, AOL, and Ask, you agree that you will not use any spider, crawler, robot, or other computer program to copy or index this website or any content contained therein in any way. We may change, suspend, or discontinue any aspect of this website at any time, including the availability of any website feature. We may also impose limits on certain features and services or restrict your access to parts or all of this website without notice or liability. This website may contain links and pointers to the other related World Wide Web Internet sites, resources, and our affiliates. These links and pointers to third party sites, maintained by third parties, do not constitute an endorsement by us or any of our subsidiaries or affiliates of any third party resources, or their contents. Note that such third party sites may have privacy policies different from ours. Accordingly, you access and use such third party content at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through this website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.
 
4. REGISTERING FOR AND USING AN ACCOUNT
When you register for or use an online account with MosquedaFarms.com, you agree to the terms of this Agreement. You agree that all information you submit to us is true and correct. You further agree that you will not register for or use an account for any third person or entity. You agree that all communications which occur between you and any other registered user of MosquedaFarms.com regarding artwork, sales, commissions, or any other inquiries, shall solely be through MosquedaFarms.com (Messaging System). You agree that you will not communicate with any other registered user of MosquedaFarms.com via email, telephone, or any other method. There shall be no submission of phone numbers, e-mails, or any other personal contact information transmitted through these messages. If there are transmissions of any personal contact information, MosquedaFarms.com may deactivate your account without any notice. You will not display or disclose your email address in any publicly visible location on MosquedaFarms.com including but not limited to your personal bio materials, artwork descriptions, comments, Me Creating Art Section, or any other area of MosquedaFarms.com. You agree that you will not use any personal or business website information on artwork that you display on MosquedaFarms.com. To prevent unauthorized access or use of your account, you agree that you will keep your password confidential and not share it with any third parties. The loss, theft, or unauthorized use of your password or user ID could permit unauthorized persons to gain access to your account and your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your password, user ID, and other account information to any person or entity, you assume all risks and losses associated with such disclosure. If you permit any other person or entity to use or access your account, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person or entity. We may at our option change the parameters for the password used to access your account without prior notice to you, and if we do so, you will be required to change your password the next time you log into your account. We may terminate your account for any reason or for no reason at all, with or without notice, and without liability of any kind.
 
5. SUBMITTING CONTENT TO OUR WEBSITE
We encourage you and all our users to submit artwork and product reviews to this website. We do not and cannot review all materials posted to this website by users, and we are not responsible for any such materials posted by users. We will not publish all material submitted to this website, so if you submit content such as a product review to us, we may decline to publish it. Further, we may delete any material after it is published on this website for any reason or for no reason, with or without notice. By submitting content to us, you represent, warrant, and covenant that: (a) you shall not upload, post, or transmit to or distribute or otherwise publish through this website any materials which (i) restrict or inhibit any other user from using and enjoying this website, (ii) are unlawful, threatening, abusive, obscene, pornographic, libelous, or defamatory, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, (viii) constitute or contain false or misleading indications of origin or statements of fact, (ix) contain religious or racial insults or attacks, and (x) are used to stalk or harm any person. By posting or uploading images of any kind of artwork (including but not limited to images of paintings, photographs, sculpture, digital art, videos of art or the artist creating art, or any other type of art), art and product reviews, messages, uploading any type of artwork image or other files in any type of format including still shots (including but not limited to JPEG, TIF, GIF) or video (including but not limited to MPEG), uploading any type of artwork or other video files, inputting data, or engaging in any other form of communication (individually or collectively, "Communications") to this website or MosquedaFarms.com, you hereby grant to MosquedaFarms.com and its successors and assigns a perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, republish in still format (including but not limited to JPEG, TIG, GIF formats) or video format (including but not limited to MPEG and other formats), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against MosquedaFarms.com and its successor and assigns for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. Unless otherwise prohibited by law, any communication or material you transmit to us via the website or electronic mail is on a non-confidential basis and we may use such communication or material for any purpose consistent with our Privacy Policy, including reproduction, publication, broadcast and posting. We are entitled, but not obligated, to monitor, retain, and review all communications, including those by telephone, email, and other formats, for reasonable business purposes, such as to survey the quality of service that you receive, to assure compliance with this Agreement and industry regulations. Please note that upon submission, any suggestion, idea, or proposal or other material you provide to us becomes our property without limitation or further consideration.
 
6. ORDERING AND PURCHASING PRODUCTS
To order and purchase products and the delivery of the same (the "Products") from MosquedaFarms.com, you must be at least eighteen (18) years old. When you order or purchase the Products, you agree to the terms of this Agreement. While MosquedaFarms.com and its Service Providers will attempt to make a perfect reproduction of any artwork sold on MosquedaFarms.com in printed form, there may be certain imperfections that occur in making such reproductions. You agree that such imperfections may occur and are not a breach of any contract to purchase products from MosquedaFarms.com. MosquedaFarms.com reserves the right to apply cropping, modification of color saturation, and any other editing of images which MosquedaFarms.com, in its sole discretion, determines are necessary for the reproduction of the artwork at issue. You agree that MosquedaFarms.com may make such editing to make such reproductions. You agree that while you may crop an image in the selection of your product, the final product you receive may differ to some degree. Such difference shall not be considered a product defect and will not entitle you to return any such product. You agree that MosquedaFarms.com may utilize one or more third party vendors or subcontractors ("Service Providers") to print or create products sold to you and to fulfill order production. When an original work of art is sold, MosquedaFarms.com acts as a third party vendor in the transaction. When a buyer clicks on the option to purchase an original artwork, MosquedaFarms.com is notified, and will act as an intermediary between the buyer and the seller. The final price of the artwork may include shipping, which will be paid by the buyer. MosquedaFarms.com will take a commission of 25% of the price of the artwork, but will not receive commission on the shipping charge. Once payment has been received by MosquedaFarms.com, the seller will be notified to ship the artwork to the buyer. Once the buyer receives the artwork in good condition and has approved the artwork, then MosquedaFarms.com will release the money to the seller, minus the 25% commission of MosquedaFarms.com. Buyers who live outside the United States should comply with the local laws of their country in this transaction. Buyer agrees to hold MosquedaFarms.com harmless from any liability regarding authenticity of the original work of art. The buyer will have sufficient time to research the artist and the artwork prior to making their purchase, and will have five business days to inspect the artwork. If they have any concerns regarding the artwork's authenticity or any other issue, they will send an email to AnthonyM@mosquedafarms.com within the five business day window from the time of receipt of the artwork. After the five day inspection period, if no notice is received from the
buyer, MosquedaFarms.com will release the appropriate payment to the seller. After this time period, the buyer and the seller agree that MosquedaFarms.com will not be held responsible for any concerns, disputes or problems arising from this transaction. It is the responsibility of the seller to properly pack and ship the artwork safely, to the correct address of the buyer. The seller must also purchase the appropriate amount of shipping insurance. The seller must ship the artwork by a method (FedEx or certified mail, etc.) in which the shipment can be tracked, and verification of the date of receipt can be confirmed.
 
7. DELIVERY POLICY
(1) Methods of Delivery
We deliver artwork and other products via FedEx, UPS or DHL.
(2) Timing of Delivery
We will make every attempt to accommodate delivery requests, however we do not guarantee deliveries at specific dates or specific times.
(3) Undeliverable Locations
While we can deliver to most locations in the United States, there are a few exceptions that we will address here. We cannot make deliveries to airport terminals, cemeteries, cruise ships, or trains.
 
8. SALES TAX
Orders delivered to Texas are subject to sales tax, which we collect. You will have an opportunity to review this amount before submitting your order.