Effective Date: January1, 2018

This website, is owned and operated by Moreschi Illustration Inc. ("Moreschi Illustration," "us," "we," and "our"). This Terms of Service ("Terms") contains the terms and conditions that govern your use through our websites, including our partner website, www.defiance76.com and the services offered on the websites (collectively, the "Website"). Use of this Website constitutes your acceptance of and agreement to these Terms. If you do not agree to be bound by these Terms, please promptly exit the Website. Please also consult our Privacy Policy for a description of our privacy practices and policies. Additionally, specific pages on the Website may set out additional policies, terms, and conditions, including Satisfaction Guaranty and Returns, and FAQs all of which are incorporated by this reference into these Terms. DEFIANCE 76 is a Trademark of Moreschi Illustration, Inc. and The DEFIANCE LOGO ART is a Registered Trademark of Moreschi Illustration, Inc.

These Terms provide that all disputes between you and Moreschi Illustration, Inc. will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution and Arbitration for the details regarding your agreement to arbitrate any disputes with Moreschi Illustration, Inc.

Modifications and Severability

We may make changes to these Terms from time-to-time. We will notify you of any material changes by sending you an email, or posting a notice on the home page of the Website, or posting a notice in your account when you first login after we have made changes. If you receive notification of a change in our Terms, you must review the new Terms carefully to make sure you understand our practices and procedures. You may not be able to receive notices from us if your cookies are not set to accept and/or are disabled. Your continued use of the Website following posting of a change notice or new Terms on the Website will constitute binding acceptance of the changes. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, then any such offending term or condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms.

Our Website and Services

We provide a number of Internet-based services through the Website (all such services, collectively, the "Services"). One such service enables users to create and purchase customized products, including without limitation, framed and unframed canvas prints (collectively, "Products") and/ or customized decorated apparel and other products such as, but not limited to, t-shirts, shorts, aluminum and wood signs, ceramic mugs, etc . Users may create and purchase individual Products for their own use through the Services. We may offer a number of additional services on the Website, such as galleries, message boards, contests, blogs, and newsletters, which may change from time-to-time.

Service on and of Art Prints - Please Read.

Since your art print order is made to order in some circumstances, shipping may be delayed for production/ processing purposes.  Due to the prints being made in the form of high end ink jet prints, we carry a small batch on hand for the shows we attend.  If we have our show prints in stock, we will ship them as your order ASAP.  If we do not, we will email you and give you a time frame of printing out your print, paper prints can, but are not limited to, take up to 2-3 days to get back from the printer, then it ships immediately.  Canvases cab take up to one week, these canvases are varnished like a real painting, thus proper drying time is needed before it may be signed and or numbered by the artist before shipping. Note, this time in processing and production of prints does NOT include holidays and weekends.  All art prints are shipped rolled in a tube.

If you need to check on the status of an art print before you make a purchase, contact us and we can check stock.  If we prints in stock, we use the in stock print to ship out as orders are made online.  

Reproduction of Artwork Notification

All pages within this Website and any material made available for download are the property of MORESCHI ILLUSTRATION, INC., or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws. The contents of the Website, including, without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (collectively, "Content") may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in these Terms or in writing by MORESCHI ILLUSTRATION, INC.  You may not frame or utilize framing techniques to enclose, or deep linking to, any name, artwork, concept artwork, apparel images, trademarks, service marks, logo, the Content, or other proprietary information (including images, text, page layout, or form) without our written consent.  We will aggressively prosecute.

Use of the Website and Service

We will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are not intended for children under the age of 13.

You must comply with all of the terms and conditions of these Terms, the applicable agreements and policies referred to in these Terms, and all applicable laws, regulations, and rules when you use the Services and the Website.

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; or (ii) accessing or using the Website or any portion thereof without authorization in violation of these Terms or in violation of applicable law. You may not collect or use information contained on the Website for the prohibited purposes, to compete with us, to create derivative works based on the Content of the Website, or download or copy the Website (other than page caching).

In the event access to the Website or a portion thereof is limited requiring an account with a username and password ("Protected Areas"), you agree to access Protected Areas using only your account as provided to you by Moreschi Illustration, Inc. You agree to protect the confidentiality of your username and password, and not to share or disclose your username or password to any third party. You agree that you are fully responsible for all activity occurring under your account. Your access to the Website may be restricted or revoked by us at any time with or without cause.

We may use third parties to provide certain services accessible through the Website. We do not control those third parties or their services, and you agree that we will not be liable to you in any way for your use of such services. These third parties may have their own terms of service and other policies. You must comply with such terms and policies as well as these Terms when you use those services. If any such terms or policies conflict with these Terms, or any other agreements or policies, you must comply with these Terms, and such other agreements and policies, as applicable.

You may purchase Products and Services on the Website. We accept all major credit cards issued by U.S. banks. If you purchase any Products or Services, you agree to do so in accordance with instructions provided on the Website, and agree to comply with any additional terms that may be provided. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. You represent and warrant that if you are making online payments that (i) any credit card, debit card, and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

You may only use the Website and Services only as expressly permitted by Moreschi Illustration, Inc . You agree to not cause harm to the Website or Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website or Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Services; (iii) use a robot, spider, or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters, or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Services; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain our name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Services; (viii) deep-link to any feature or content on the Website, bypass our security, robot exclusion headers, or other; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms.

Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accurateness of this Website, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website, Services, or Content therein. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Website from any third party not affiliated with Moreschi Illustration.

We have made significant efforts to accurately display the images of our Products that appear on the Website and the Content. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from third parties, we shall have the right to refuse or cancel any orders placed for the Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit or debit card account for the amount of the canceled order.

We reserve the right to modify the organization, structure, or "look and feel" of the Website or Services, and may change, suspend, or discontinue any aspect of the Website or Services at any time without any liability to you or any third party. We shall have complete and exclusive discretion over the features, functions, prices, and other terms and conditions on which the Website and Services are offered to you.

Shipping

All items purchased through this Website are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on our shipment to the shipping carrier. We reserve the right to ship partial orders.

For shipments to Canada, you authorize UPS Canada as chosen by Moreschi Illustration, Inc. to act as your agent and to transact business with the Canada Border Services Agency ("CBSA") to clear any merchandise, account for duties and taxes, return merchandise, and prepare and submit refund claims on your behalf for any merchandise that is returned. You acknowledge and agree that the CBSA shall send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that you will obtain the refund directly from Moreschi Illustration, Inc.  You authorize the custom broker to endorse any refund check issued by the CBSA in your name, so that Moreschi Illustration, Inc. may be reimbursed.

Any and all products available for purchase or license on the Website are subject to the export control laws and regulations of the United States and any other countries, as applicable. In purchasing any of the products, you agree not to dispose through export, re-export, trans-shipment, or otherwise, of any product purchased or licensed from or through Moreschi Illustration, Inc., except in accordance with all applicable export control laws and regulations.