Featuring the photography of Mark Squires

Terms of Service

Introduction

Welcome to the Beauty of Impermanence (the “Company,” “we,” “our”) website (“Website”). Please carefully review the following information before using this Website. These are the terms, covenants, conditions, and provisions (the “Terms and Conditions”) governing your access to and use of the Company’s Website, including the products or services offered or provided through the Website. If you do not accept these Terms and Conditions or you do not meet or comply with the provisions, you may not use the Website. If you choose to continue to use or access this Website, you recognize that the Company has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to these Terms and Conditions. Note, however, these Terms and Conditions do not apply to your access or use of, or any data or information that may be collected by any third parties, including any third-party platform, server hosts, or vendors, so please refer to their respective terms and conditions, privacy policies, terms of use, and data practices for more information.

The Beauty of Impermanence websites are operated by Mark Squires Studio LLC. and/or its subsidiaries and affiliates (collectively, “BOI”). The use of BOI's websites, services, and/or mobile applications (“Site”) indicates your unconditional acceptance of these terms and conditions of use (“Terms and Conditions”). We reserve the right, in our sole discretion, to update or revise these Terms and Conditions. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. The Terms and Conditions govern the use of the Site as well as the purchase of any products or services available through the Site. If you do not wish to be bound by these Terms and Conditions, including but not limited to the class action waiver below, please do not use the Site or purchase products or services from us.

The terms “we,” “us,” and “our” refer to Beauty Of Impermanence/Mark Squires Studio LLC.

Headings are for convenience only and shall be ignored in interpreting these Terms and Conditions.

Bwauty Of Impermanence serves as a platform for the display and sale of artwork and other items. All individuals making purchases on Beauty Of Impermanence must be at least 18 years old and possess the ability to enter into binding contracts under applicable law. You bear responsibility for all charges accrued under your account. To facilitate transactions, Beauty Of Impermanence may enlist the services of third parties. We retain the right to withdraw any artwork from Beauty Of Impermanence at any time, without incurring any liability for such withdrawal. Unless explicitly agreed upon in writing between you and Beauty Of Impermanence/Mark Squires Studio LLC, we assume no responsibility to the buyer in relation to the exhibition or sale of any artwork featured on Beauty Of Impermanence.

License and Access

Beauty Of Impermanence/Mark Squires Studio LLC grant you a limited, revocable license to access and make personal and non-commercial use of the Site. Any use of the Site or its content that is not expressly authorized in these Terms and Conditions is prohibited and immediately terminates the license granted herein. Moreover, you are not permitted to:

  • Reproduce, duplicate, copy, sell, or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright, or other content (“Site Content”) for any purpose, except as expressly provided;
  • Use a robot, spider, or data mining or extraction tool or any other process to monitor, extract, or copy Site Content (except in the operation or use of internet “search engines,” hit counters, or similar technology);
  • Use any meta tags, search terms, key terms, or the like that contain the Site's name or trademarks used on the Site;
  • Engage in any activity that interferes with the Site or another user's information or use of the website;
  • Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the products and services offered on the website; or
  • Assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.

You Acknowledge That

The Site Content, materials, and other components (including but not limited to logos, graphics, button icons, and page headers) available on the Site are the property of BOI and Mark Squires Studio LLC and are protected by US copyrights, trademarks, service marks, or other proprietary rights and laws. If you give us feedback regarding the Site, for example, recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise. We reserve the right to refuse service, terminate your right to access or use the Site, remove or edit content, or cancel orders in our sole discretion...

You Affirm That

You are at least eighteen (18) years of age or older.

Data Accuracy

You assert that all the information, data, and other materials you furnish on the Site or to BOI through any other means are true, accurate, current, and complete. It is your responsibility to keep this information up-to-date and rectify any inaccuracies on the Site, as necessary.

Electronic Communications

By utilizing the Site, you grant consent to receive communications from us via e-mail. You agree that all agreements, notices, disclosures, and other communications provided to you by e-mail fulfill any legal requirement that such communications be in writing.

Personal Information

We may collect personal information about you from various sources, including the Site, when you contact us via phone or email, or interact with us through social media by uploading content to the Site, including photographs. Additionally, we may obtain information about you from our parent, affiliate, or subsidiary companies, business partners, and other third parties. For comprehensive details on our personal information policies and how to manage settings for your personal information, please refer to our Privacy Policy and Cookie Policy pages.

Buyer's Responsibility

Subject to the fulfillment of all applicable terms and conditions of this Agreement, when the buyer makes a purchase on The Site, the buyer shall promptly settle the total amount due, encompassing the total purchase price of the Work and all relevant taxes and service fees. Payment options for the buyer include wire transfer, credit card, or ACH only. Credit card and ACH purchases are constrained to a total purchase price of $25,000.00. By opting for a credit card purchase, the buyer irreversibly waives any charge-back rights that may otherwise be available under the buyer’s cardholder agreement or otherwise. In the event of non-approval of a credit card or ACH payment, the buyer remains personally liable for the total amount otherwise due. Payment will be considered made only when we collect the total amount due in good cleared funds. Title to the Work transfers to the buyer upon physical possession of the Work being handed over to the buyer or the buyer’s agent or common carrier. Any claims concerning purchases must be directed to Beauty of Impermanence. The buyer acknowledges our right to pay commissions to third parties who introduce us to clients or provide services in connection with the sale.

If the buyer fails to comply with any applicable term or condition of this Agreement, the buyer will be in default, and Beauty of Impermanence will be entitled, at its absolute discretion, to exercise any or all of the following rights and remedies (in addition to any other rights or remedies available at law): (i) to hold the buyer liable for the total amount due, along with interest, commissions on the sale at regular rates, and any legal fees and incidental damages; (ii) to cancel the sale or any other sale to the buyer, retaining amounts already paid by the buyer as liquidated damages; and/or (iii) to resell the Work publicly or privately, as permitted by applicable law, holding the buyer liable for any deficiency between the total amount originally due and the price realized on resale, as well as any costs, expenses, damages, and legal fees associated with both sales. By defaulting on any payment, the buyer is deemed to have granted and assigned to Beauty of Impermanence a continuing first priority security interest in any money or other property of or owed to the buyer in Beauty of Impermanence's possession, and Beauty of Impermanence is entitled to retain and apply such money or other property as collateral security for the buyer’s obligations.

Modifications to the Service and Prices

Prices for our products may change without prior notice. Beauty of Impermanence/Mark Squires Studio LLC reserves the right, at any time, to modify or discontinue the Service, or any part thereof, without notice. We will not be liable to you or any third-party for any modifications, price changes, or suspension or discontinuation of the Service.

Intellectual Property

All content, including but not limited to artwork, products, the Site's appearance, and other trade dress, trademarks, logos, service marks, and any software programs available on or through the Site (referred to as the “Site IP”), belongs to Beauty Of Impermanence/Mark Squires Studio LLC or its licensors, content providers, or other third parties. It is protected by US copyright, trademark, and other applicable U.S. and foreign intellectual property laws. Users or any parties acting on their behalf are expressly prohibited from using any Marks for any purpose, including but not limited to using them as meta tags on other pages or sites, without the written permission of Beauty of Impermanence or the third party that owns the Site IP. Without Beauty of Impermanence's express written consent, users may not use frames or employ framing techniques or technology to enclose any content included on the Site. Furthermore, users may not utilize any Site content in meta tags or any other “hidden text” techniques or technologies without Beauty of Impermanence's express written consent.

Packing and Shipping

Beauty of Impermanence shall not be held responsible for any act or omission of any packer, shipper, or common carrier involved in the packing or shipping of the Work.

Disclaimer and Warranties

Except as provided for in the Certificate of Authenticity accompanying the Work, Beauty of Impermanence and any of its past, present, or future direct and indirect entities, including parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, members, partners, beneficiaries, and assigns, make no representation or warranty and assume no liability regarding the merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance of the Work. No information provided on the Site, in a bill of sale, or elsewhere constitutes any such warranty or assumption of liability. Beauty of Impermanence is not responsible for errors or omissions in any information on the Site or elsewhere regarding the Work. The Work is sold "AS IS," and no warranty is provided that the buyer will acquire any copyright or other reproduction right to the Work.

Limitation of Liability

Beauty of Impermanence shall not be liable for any damages, including special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising from or related to any dispute regarding any Work offered and/or sold on the Site. These damages may arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Beauty of Impermanence has been advised of the possibility of such damages.

Indemnification

The buyer agrees to indemnify and hold Beauty of Impermanence, as well as its past, present, or future direct and indirect entities, harmless from any claims, damages, demands, or liabilities, including attorneys' fees and costs, arising from the purchase of the Work asserted by any third party. This includes, but is not limited to, the buyer's breach of this Agreement or violation of any third-party rights. Beauty of Impermanence reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the buyer, and the buyer agrees to assist and cooperate in asserting any available defenses. This indemnification and defense obligation will survive this Agreement.

Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States, excluding California's conflicts of laws rules. Any claim or cause of action arising from or related to this Agreement or your use of the Site shall be exclusively filed in an appropriate state or federal court located in New York, NY. You irrevocably consent to the personal jurisdiction of such courts and waive any objections to such courts as the sole venue for any such claim or cause of action, including any claim that any such court is an inconvenient forum. In the event of any conflict between U.S. and foreign laws, rules, and regulations, those of the U.S. will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

Severability

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be considered severed from these Terms of Service, and such a determination will not affect the validity and enforceability of the remaining provisions.

Termination

The obligations and liabilities of the parties incurred before the termination date shall persist after the termination of this agreement for all purposes. These Terms of Service remain in effect unless and until either you or Beauty of Impermanence/Mark Squires Studio LLC.terminates them. You can terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by discontinuing the use of our site.

If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we may terminate this agreement at any time without notice. In such a case, you will remain responsible for all amounts due up to and including the date of termination, and we may deny you access to our services or any part thereof.

Entire Agreement

These Terms and Conditions constitute the entire agreement and understanding between you and Beauty of Impermanence regarding the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties concerning such subject matter.

In certain instances, both these Terms and Conditions and a separate document providing additional conditions may apply to a service or product offered through this Site (referred to as “Additional Terms”). Should a conflict arise between these Terms and Conditions and any Additional Terms, the Additional Terms will prevail unless expressly stated otherwise. A printed version of these Terms and Conditions is admissible in judicial or administrative proceedings related to the use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.