TERMS OF SERVICE

Effective Date: July 10, 2026

1. Acceptance of Terms

Welcome to Lucas Smith Art ("Lucas Smith Art," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of www.lucassmithart.com (the "Website"), including the purchase of artwork, products, and services. By accessing or using this Website, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Website.

2. Eligibility

You must be at least 18 years of age, or have the permission of a parent or legal guardian, to use this Website or purchase products.

3. Products and Services

Lucas Smith Art offers products and services that may include: Original artwork, Limited edition prints, Small works, Fine art gifts, Commissioned artwork, Educational resources Other products and services made available through the Website All products are subject to availability. We reserve the right to discontinue or modify any product, collection, or service without notice.

4. Pricing

Prices are listed in U.S. Dollars (USD). Prices, promotions, and availability may change without prior notice. Sales tax will be collected where required by applicable law.

5. Orders

We reserve the right to refuse or cancel any order for reasons including but not limited to: Product availability Pricing errors Suspected fraud Payment issues Violation of these Terms If payment has already been processed for a canceled order, a refund will be issued using the original payment method.

6. Payment

Payments are processed through trusted third-party payment providers, including those integrated with Squarespace Commerce. Lucas Smith Art does not store your complete payment information.

7. Shipping

Shipping estimates are provided as a convenience only and are not guaranteed. Lucas Smith Art is not responsible for delays caused by: Shipping carriers Customs processing Weather events Natural disasters Labor disruptions Circumstances beyond our reasonable control Risk of loss transfers to the purchaser upon delivery by the carrier.

8. Returns and Damaged Artwork

Please inspect your order immediately upon delivery. If artwork arrives damaged, notify Lucas Smith Art within five (5) calendar days of delivery and include photographs of: the artwork, the packaging, and the shipping label. Approved claims may be resolved through replacement, repair, store credit, or refund, at our discretion and as permitted by law. Commissioned artwork, custom work, and personalized items are generally non-refundable unless otherwise required by law.

9. Commissioned Artwork

Commission projects are governed by a separate written agreement. Unless otherwise agreed in writing: Deposits are non-refundable once work has begun. Estimated completion dates are not guarantees. Minor revisions may be included. Major design changes may incur additional fees. Copyright remains with Lucas Smith Art unless expressly transferred in writing.

10. Intellectual Property

All content on this Website, including but not limited to: artwork, paintings, photographs, text, graphics, logos, videos, designs, website layout, digital files, is protected by United States copyright, trademark, and other intellectual property laws. All rights are reserved.

11. Ownership of Artwork

Purchasing an original painting or print transfers ownership of the physical artwork only. The purchase does not transfer: copyright, reproduction rights, licensing rights, publishing rights, commercial rights, merchandising rights, digital rights. These rights remain exclusively with Lucas Smith Art unless expressly assigned through a separate written agreement.

12. Image Licensing

Images of artwork may not be copied, reproduced, downloaded, scanned, printed, altered, distributed, or used for commercial purposes without prior written permission. Collectors may photograph artwork they own for personal, non-commercial purposes, provided appropriate artist attribution is included where practical.

13. Artificial Intelligence and Machine Learning

No artwork, images, photographs, text, or other content from this Website may be used to develop, train, test, fine-tune, or improve artificial intelligence systems, machine learning models, image-generation tools, datasets, or similar technologies without the prior written consent of Lucas Smith Art. Unauthorized scraping, downloading, or automated collection of Website content for these purposes is prohibited.

14. NFTs and Digital Assets

Artwork may not be minted as NFTs, tokenized, registered on blockchain platforms, or incorporated into digital collectibles without prior written authorization.

15. Acceptable Use

You agree not to: violate applicable laws; interfere with Website operations; attempt unauthorized access to the Website or related systems; introduce malicious software or harmful code; impersonate another individual or entity; or engage in activity that could damage the Website or its users.

16. Third-Party Services

The Website may integrate or link to third-party services, including payment processors, shipping providers, social media platforms, analytics tools, and email marketing services. Lucas Smith Art is not responsible for the content, availability, or practices of third-party services.

17. Privacy

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

18. Disclaimer of Warranties

The Website and its contents are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, except as required by applicable law.

19. Limitation of Liability

To the fullest extent permitted by California law, Lucas Smith Art shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of the Website, products, or services. Nothing in these Terms limits liability where such limitation is prohibited by law.

20. Indemnification

You agree to indemnify and hold harmless Lucas Smith Art from claims, losses, damages, liabilities, costs, and reasonable attorneys' fees arising from your violation of these Terms or misuse of the Website.

21. Force Majeure

Lucas Smith Art shall not be liable for delays or failures resulting from events beyond our reasonable control, including natural disasters, wildfires, severe weather, pandemics, labor disputes, supply shortages, carrier delays, governmental actions, or other force majeure events.

22. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any legal action arising under these Terms shall be brought in the appropriate state or federal court located in California, unless applicable law provides otherwise.

23. Severability

If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

24. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced on this Website, constitute the entire agreement between you and Lucas Smith Art regarding your use of the Website.

25. Changes to These Terms

Lucas Smith Art may update these Terms at any time. The revised version will be posted on this Website with an updated Effective Date. Continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

26. Contact Information

Lucas Smith Art
www.lucassmithart.com
Email: lucas@lucassmithart.com