Last updated February 9, 2026

This Terms of Service (“Agreement”) is entered into between David Whited Art (“we,” “us,” or “our”) and you (“user,” “you,” or “your”), and governs your use of our website at https://www.davidwhitedart.com/ (the “Website”) and any related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, please do not use our Services.

TABLE OF CONTENTS

  1. AGREEMENT TO TERMS
  2. USE LICENSE
  3. AGE RESTRICTIONS
  4. USER ACCOUNTS
  5. INTELLECTUAL PROPERTY RIGHTS
  6. PROHIBITED ACTIVITIES
  7. USER GENERATED CONTRIBUTIONS
  8. PURCHASES AND PAYMENT
  9. REFUND POLICY
  10. DISCLAIMER OF WARRANTIES
  11. LIMITATION OF LIABILITY
  12. INDEMNIFICATION
  13. GOVERNING LAW AND DISPUTE RESOLUTION
  14. MODIFICATIONS TO TERMS
  15. CONTACT INFORMATION
  1. AGREEMENT TO TERMS

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. If you are using the Services on behalf of an organization, you are agreeing to these terms for that organization and representing that you have the authority to bind that organization to this Agreement.

  1. USE LICENSE

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. This license does not include any right to:

  • Resell or make commercial use of the Services or content
  • Modify, copy, or create derivative works based on the Services
  • Download or copy content (except as expressly permitted)
  • Use any automated system or software to extract data from the Services
  • Remove, alter, or obscure any proprietary notices on the Services
  1. AGE RESTRICTIONS

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. We do not knowingly collect information from individuals under 18 years of age.

  1. USER ACCOUNTS

When you create an account with us, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or misleading, or if you violate this Agreement.

  1. INTELLECTUAL PROPERTY RIGHTS

All content on the Services, including but not limited to artwork, images, text, graphics, logos, photographs, software, and other materials (collectively, “Content”), is the exclusive property of David Whited Art or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content from our Services, except as follows:

  • Your computer may temporarily store copies of such materials incidental to your access to and viewing of those materials
  • You may store files that are automatically cached by your web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages for your personal, non-commercial use

Any content you upload, submit, or transmit to the Services grants us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with operating and promoting the Services.

  1. PROHIBITED ACTIVITIES

You agree not to:

  • Use the Services for any illegal purpose or in violation of any laws
  • Violate the intellectual property rights of others
  • Upload or transmit viruses or malicious code
  • Engage in unauthorized framing or linking to the Services
  • Interfere with or disrupt the Services or servers
  • Attempt to bypass any security features
  • Harass, abuse, or harm other users
  • Impersonate any person or entity
  • Collect or harvest information about other users
  • Use the Services in a manner that could damage our reputation
  1. USER GENERATED CONTRIBUTIONS

The Services may allow you to submit, post, or transmit content such as reviews, comments, questions, or other materials (“Contributions”). You represent and warrant that your Contributions:

  • Are accurate and not misleading
  • Do not violate any third-party rights
  • Do not contain offensive, defamatory, or illegal content
  • Do not violate any applicable laws or regulations
  • Do not include unauthorized advertising or solicitation

We reserve the right to remove, edit, or refuse any Contributions that violate this Agreement or that we find objectionable.

  1. PURCHASES AND PAYMENT

If you wish to purchase products or services through our Services:

  • You agree to provide current, complete, and accurate purchase information
  • You agree to promptly update account and payment information
  • All payments are processed through secure third-party payment processors
  • We do not store or have access to your complete credit card information
  • Prices are subject to change without notice
  • We reserve the right to refuse or cancel any order at our discretion
  1. REFUND POLICY

All sales of artwork and products are final unless otherwise stated at the time of purchase. If you believe you have received a damaged or defective product, please contact us at dcwhited@gmail.com within 7 days of receipt to discuss potential remedies.

  1. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Services will be uninterrupted, secure, or error-free
  • The results obtained from use of the Services will be accurate or reliable
  • The quality of any products, services, information, or other material obtained through the Services will meet your expectations
  • Any errors in the Services will be corrected
  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DAVID WHITED ART, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for all claims arising out of or relating to this Agreement or your use of the Services shall not exceed the amount you paid us, if any, in the twelve (12) months prior to the event giving rise to the liability.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless David Whited Art and its officers, directors, employees, agents, affiliates, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your use or misuse of the Services
  • Your violation of this Agreement
  • Your violation of any rights of another party
  • Your Contributions to the Services
  1. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to this Agreement or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, or in the state or federal courts located in Summit County, Ohio. You consent to the exclusive jurisdiction and venue of such courts.

  1. MODIFICATIONS TO TERMS

We reserve the right to modify or replace this Agreement at any time at our sole discretion. If we make material changes, we will notify you by posting the updated terms on the Website and updating the “Last updated” date. Your continued use of the Services after such modifications constitutes your acceptance of the updated terms.

  1. CONTACT INFORMATION

If you have any questions about this Terms of Service, please contact us:

 

David Whited Art
3121 Athens Road
Silver Lake, OH 44224
United States

 

Email: dcwhited@gmail.com

Phone: 330-524-2887