Terms and Conditions

Shipping Information
Methods of Ordering
Questions and Answers
Privacy Policy
Terms of Use

SHIPPING INFORMATION

At Bishai Art, we have original paintings and drawings in oil, acrylic, and pastel in different sizes. Frames are normally not provided unless specifically requested. All orders are usually shipped from our studio in Toronto within 48 hours of receipt of your order and payment confirmation.

ORDERS IN CANADA AND THE WORLD

We offer FREE SHIPPING and handling on all orders for unframed oil paintings packaged in a shipping box or tube to any destination in Canada. For orders outside Canada, and of framed oil paintings, you will pay 100% of the shipping and handling charges. A discounted shipping quote will be supplied to you after your order is confirmed, or if you prefer, you may contact us prior to placing your order to receive the shipping quote. The shipping costs will vary according to your order and shipping address.

We ship all orders either by Cana Post, FedEx, UPS, or trucking company. Please Note: FedEx and UPS will not deliver to Post Office boxes.

NOTE TO OUR INTERNATIONAL CUSTOMERS

Customers outside of Canada may be subject to customs fees and/or import duties and taxes, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by you, as we have no control over these charges and cannot predict what they may be. Additionally, when ordering from Bishai Art, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Please note that our prices do not include taxes and tariffs.

METHODS OF ORDERING

We give you three easy and convenient options to place an order.

ORDER SECURELY ON-LINE:

Ordering our paintings from our website is fast, easy and secure! To place an order using your shopping cart, please follow these simple steps:

1. Just browse our collection of paintings by Adel Bishai or Magda Bishai by clicking on your specific request at Featured or Gallery sections of our website. From here, once you see an oil painting that interests you, you can click on it to see an enlarged, detailed view of the painting with description and more ordering information.

2. After you have reviewed the details of the painting you are viewing, simply select the painting you wish to add to your cart in Step 1. At this point you may browse online for selection of a frame that you will like. Try the frame you select around the image of the oil painting, so you can visualize the oil painting in the frame of your choice. Once you have decided on your frame selection, click the “ADD TO CART” button displayed on the page. From here, you can continue browsing for other oil paintings and frames to add to your shopping cart and when you finished shopping, simply click the “CHECKOUT” button to finalize your order.

3. If you are new to Bishai Art, you will be directed to create a new account with Bishai Art, which will include entering your billing, shipping and payment information. If you are a returning collector, you will be directed to enter your E-Mail address and password to continue through the checkout process. We gladly accept the following forms of payment: MasterCard, Visa, American Express, and PayPal.

4. Confirm your order by clicking the “CONFIRM ORDER” button.

For Your Safety: We take great pride in keeping your personal information safe and secure. That is why we only use Secure Sockets Layer (SSL) 128 Bit Encryption Technology that protects your payment information and prevents unauthorized people from intercepting your data. Upon entering our checkout section, your browser will display the icon or symbol of a locked padlock at the bottom of your computer screen. This is a safety symbol that assures you that your payment information is being transferred securely.

ORDER BY PHONE:

To place an order by phone, simply call us from anywhere in Canada or the U.S. at 1-416-400-4942 or 1-647-991-4942. We gladly accept the following forms of payment: MasterCard, Visa, American Express, and PayPal. Debit cards (also called check cards, ATM cards or bank cards) are accepted only if they have a MasterCard or Visa logo.

Please have your order ready when calling and include the following information with your order: painting number(s) of the oil painting(s) you wish to order, size of painting(s), your “Bill To” and “Ship To” address, your name or company name, your telephone number, your credit or debit card information, including type of card, card number, name as it appears on your card, the expiration date and the card identification number.

Important Note: For MasterCard and Visa, the card identification number is the last 3 digits of the number located on the back of your card next to your signature. For American Express, the card identification number is the last 4 digits of the number located on the front right of your card above the credit card number.

We are available to take your telephone orders during the hours of 9:00 am to 9:00 pm (EST) Monday through Sunday.

ORDER BY EMAIL:

You have the option to place your order by Email Info@bishaiart.com. We gladly accept the following forms of payment: MasterCard, Visa, American Express, and PayPal. Debit cards (also called check cards, ATM cards or bank cards) are accepted only if they have a MasterCard or Visa logo.

Please include the following information with your faxed order: painting number(s) of the oil painting(s) you wish to purchase, size of painting(s), your “Bill To” and “Ship To” address, your name or company name, your telephone number, your credit or debit card information, including type of card, card number, name as it appears on your card, the expiration date and the card identification number.

As an added convenience, we accept checks or money orders for mail orders. Please allow seven to ten days of processing time to receive and process your check or money order. Please include the following information with your order: painting number(s) of the oil painting(s) you wish to order, quantity, size of painting(s), your “Bill To” and “Ship To” address, your name or company name, and your telephone number. Mail your order and payment to:

Bishai Art

10 Queens Quay W, 913

Toronto, Ontario Canada M5J 2R9

QUESTIONS AND ANSWERS

Will the painting I order look like the picture on your website?

All of the oil paintings displayed on our website depict the actual works of art painted by us. Our photographs are high resolution photos of the oil paintings displayed on our website. We do that so our collectors can truly judge the quality of our oil paintings before they make a purchase.

You must see our oil paintings in person to truly appreciate the fine attention to detail and the rich colours and textures that are evident in every hand-painted original we sell. As beautiful as they appear on our website, our oil paintings are many times more beautiful in person.

Please Note: Since each oil painting is entirely hand-painted, one can expect some minor variations in the actual oil painting you receive and the picture on our website.

How can you sell your oil paintings at your prices?

We not only eliminate the middleman, but we also aim at encouraging collection of original paintings at reasonable prices.

Are the oil paintings shown on your website entirely hand-painted?

We guarantee that all of our oil paintings are entirely hand-painted from start to finish. Our oil paintings are not machine generated, are not prints reproduced on canvas (canvas transfers), and are not computer generated copies made to look as if they are textured. Please be assured that no printing or digital imaging techniques are ever used.

Every oil painting starts out with a blank artist canvas and top quality oil paints. Then, we paint our oil paintings, brushstroke by brushstroke, until each completed oil painting is a true original.

How do I place an order?

Bishai Art gives you three easy and convenient options to place an order from our inventory of hand-painted original oil paintings.

What is your guarantee and return policy?

Your satisfaction is our goal. That is why we ensure that our valued collectors receive work of high quality at reasonable low prices, and a safe and secure online shopping experience. Our guarantee allows you to return your purchase within 10 days from receiving your order and clearing payment.

Do you charge Sales Tax?

Customers located within Canada are charged sales tax (HST) but such tax is included in the quoted price. Except in the State of Florida, there are no sales taxes charged on orders to collectors located in the USA.

What forms of payment do you accept?

We accept the following forms of payment: MasterCard, Visa, American Express, PayPal, money orders, personal or business checks and wire transfers. Debit cards (also called check cards, ATM cards or bank cards) are also accepted only if they have a Visa or MasterCard logo.
Please Note: All prices shown on our website are listed in Canadian Dollars.

Most of our oil paintings are shipped unframed. We carefully roll up the oil painting canvas and packs it in a protective heavy-duty shipping tube. This method of shipment is the industry standard for the safest transport of an oil painting, so as to ensure that the canvas will not be damaged during shipment. Also, shipping the oil paintings unframed allows us to sell our oil paintings at competitive prices. When paintings are framed or on canvas board they are shipped in secured boxes.

Is ordering online safe and secure?

Bishai Art ensures you will have a safe and secure online shopping experience. Your privacy and protection are our top priorities! We only utilize state-of-the-art Secure Sockets Layer (SSL) 128-bit encryption on our website that protects your payment information and prevents unauthorized people from intercepting your data. Upon entering our check-out section, your browser will display the icon or symbol of a locked padlock at the bottom of your computer screen. This is a safety symbol that assures you that your payment information is being transferred securely.

When will my order be shipped?

All orders are usually shipped from our studio in Toronto within 48 hours from receipt of your order and payment confirmation.

Do you sell your oil paintings worldwide?

We welcome orders in Canada and from anywhere in the world.

What are your shipping charges?

We offer FREE SHIPPING on all orders for unframed oil paintings to any destination in Canada. For all other destinations, and for framed paintings, please read our complete shipping policy.

Do you have a minimum purchase requirement?

We do not have a minimum purchase requirement. You have the option to purchase as little as one oil painting or as many as you like.

How can I contact Bishai Art?

We care about your comments and strive to make your buying experience a pleasurable one! If you have any special needs or questions, or if you want to commission us for a portrait or painting, simply contact us by E-Mail or you may call us call us in Canada. You will always receive a prompt and courteous reply. We are available to receive your inquiries during the following hours: 9:00 A.M. to 6:00 P.M. (EST) Monday through Saturday.
By E-Mail: please contact us.

PRIVACY POLICY

Bishai Art has a strict Privacy Policy to share our information collection practices for our website: Bishaiart.com with the user of our Website. In this Privacy Policy, we will outline to you what information we will collect, how it is used, and how it is protected. Please be assured that we have the utmost respect for the privacy of every individual who visits our Website and are firmly committed to protecting your privacy and keeping your personal information secure.

If you have any questions concerning our Privacy Policy, please contact us via E-Mail, or call us, as presented in our website. You may also write to us via Postal Mail: Bishai Art, 10 Queens Quay W, Suite 913, Toronto, Ontario Canada M5J 2R9.

INFORMATION COLLECTION AND USE

We collect information that allows us to process your order, to enhance and personalize your shopping experience on our Website.

Account Registration and Online Purchases – At the time when you register for an account and make a purchase on our Website, we collect and store your name, billing and shipping address, telephone number, fax number and E-Mail address (hereinafter referred to collectively as personal information) and other information as indicated on the account registration form. We will also ask you to choose a password, which we will collect and store, so you may have secure access to your account at any time. In addition, when you are using a credit or debit card to pay for your purchase, we ask that you provide us with your card information (type of card, name as it appears on the card, card number, card verification number and the expiration date). Your card information is not stored by us and will need to be re-entered for each purchase transaction. We will send you confirmation E-Mails when you register for a new account and when you make a purchase. We will also send you E-Mails to update the status of any pending order. When we have any questions concerning your order, we use your personal information to contact you, either by E-Mail, telephone or postal mail. In addition, we may send you E-Mails to collect ratings, feedback, or testimonials related to your purchase.

Tell-A-Friend – When you E-Mail a message to a friend or family member from our Website, we collect your E-Mail address and the E-Mail address of your friend or family member. This ensures your friend or family member will be aware that we have sent the E-Mail message at your request.

Contact Us – When you contact us via E-Mail, Postal Mail or Telephone with any questions, suggestions or requests for information, we will use either your E-Mail address, Postal Mail address or your Telephone Number to respond to you promptly. You may contact us by:

E-mail: info@bishaiart.com

Postal Mail: 10 Queens Quay W, 913 Toronto, Ontario Canada M5J 2R9

Telephone: 1-416-400-4942 or 1-647-991-4942

Usage Tracking – We may automatically collect general statistical information regarding our Website and its visitors, including IP(internet protocol) addresses, pages viewed, number of visitors, browser type, ISP (internet service provider), products purchased, referring/exit pages, etc. We collect this information in aggregate form, without identifying or collecting any personal information, to track the traffic throughout our Website, analyze trends, and to improve your shopping experience while you visit our Website. We may provide this aggregate statistical information to third parties to plan our advertising and promotional programs.

Cookies – A cookie is a small data file stored on your computer by our Website and contains a numeric ID that is used to store and track your activity on our Website. We use cookies to: (1) let us know if you are a previous collector, (2) access your account information so you do not have to re-enter it every time you visit our Website, (3) store your account preferences, (4) record session information, such as items that you add to your shopping cart, (5) record past activity at our Website in order to provide you with better, more customized service when you return to our Website. If you disable cookies on your computer, our shopping cart will not work properly and as a result, online purchasing is not possible. If you would like to place an order on our Website, but object to or are unable to use cookies, please feel free to place your order by phone at 1-416-400-4942 or 1-647-991-4942. You may also Email us your order to Info@bishaiart.com.

SHARING OF INFORMATION

Bishai Art will never sell or rent your personal information to any third parties under any circumstances. We will only share or disclose your personal information to a third party under the following circumstances: (1) we disclose your personal information to an outside shipping company to ship our orders and we disclose your personal information, including your credit or debit card information, to an outside credit card processing company to bill our customers for product purchases. These companies do not retain, share, or use your personal and/or credit or debit card information for any other purpose, (2) we may use or disclose any information you provide to us to resolve disputes or examine problems, when we believe in good faith that such disclosures are necessary to comply with any law, regulation, government request, or judicial process, (3) if such disclosure is essential to operate our Website and maintain service to our customers, (4) if such disclosure will protect the rights and property of Bishai Art, including its users, contractors, agents or suppliers.

CHILDREN

Like you, we at Bishai Art are concerned about the safety of children when they use the internet. Bishai Art does not knowingly market to or collect information from any minors under the age of 18. You must be 18 years of age or older to register for an account and make a purchase on our Website. If we are notified or become aware that a minor under the age of 18 has registered for an account, we will immediately remove their personal information from our database and files.

SECURITY

We are committed to preventing unauthorized access to any of your personal information, including your credit or debit card information. Therefore, Bishai Art has taken important precautions to ensure that this information is safe and secure. As a registered user of our Website, your online account information is protected by a confidential password that is only selected by you. We highly recommend that you do not disclose your password to any other person. In addition, we only utilize state-of-the-art encryption technology called Secure Sockets Layer (SSL) on our website that protects your credit or debit card payment information and prevents unauthorized people from intercepting any of your personal information. The SSL technology automatically encrypts any information that is being sent by you over the internet. Upon entering our check-out section, your browser will display the icon or symbol of a locked padlock at the bottom of your computer screen. This is a safety symbol that assures you that your information is being transferred securely. Please be aware, however, that no data transmission over the internet can be guaranteed to be 100% secure. Although we make reasonable efforts to protect your personal information, we cannot guarantee the security of any information you transmit to us.

We also maintain strict internal procedures that restrict your personal information only to employees that need to know your personal information to provide products and services that you request.

CORRECTIONS

When you have completed an account registration on our Website, you will have the ability to log-in to your account with your secure password to update or correct any information contained in your personal profile using the editing tools provided.

THIRD PARTY LINKS

While visiting our Website, you may click on links that take you to third party websites. When you provide your personal information to any linked third party website, you are subject to the privacy policy and information collection practices of that website, not the Bishai Art Website . We have no responsibility for linked websites and provide these links solely for the convenience and information of our users. We do not own or control any linked third party websites, and cannot ensure the protection of any personal information that you provide to a third party website that links to or from our Website. We highly recommend that you carefully read the privacy policy of any third party website before submitting any personal information. We can assume no responsibility or liability whatsoever, with respect to the privacy policy of any third party websites that link to our Website.

YOUR CONSENT

By using our Website, you consent to our collection and use of your information, as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Website.

CHANGES TO OUR PRIVACY POLICY

Bishai Art reserves the right to change this Privacy Policy at any time and we will post those policy changes to our Website so that you are always aware of our most current Privacy Policy. Your continued use of our Website, following the posting of changes to our Privacy Policy, will affirm your acceptance of those changes. If you are concerned how your information is used, you should check back at our Website periodically to review our most current Privacy Policy. You will have the opportunity at that time to opt-out of any new use of your information.

TERMS OF USE AGREEMENT

Welcome to the bishaiart.com website (hereinafter referred to as “our Website”), owned and operated by Magda and Adel Bishai (hereinafter referred to as “Bishai Art”). The mailing address for Bishai Art is 10 Queens Quay W, Suite 913, Toronto, Ontario Canada . This agreement, which sets forth the Terms of Use for our Website (hereinafter referred to as “Agreement”), is entered into by and between the user of our Website (hereinafter referred to as “you” or “your”) and Bishai Art, a Canadian Partnership.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE.

By accessing, browsing and/or using any areas of our Website, you acknowledge that you have read this Agreement, understand it and unconditionally agree to be legally bound by this Agreement and all of the Terms of Use for our Website as contained herein. If you do not agree to be legally bound by this Agreement, do not use our Website.

CHANGES IN TERMS OF USE

At its sole discretion, Bishai Art reserves the right at any time and without prior notice, to revise, amend, alter, modify, update or impose new additions to this Agreement. Any access or use of our Website by you following any such revisions or additions to this Agreement, constitutes your agreement to follow and be bound by the new Terms of Use of our Website as set forth in this Agreement as amended. For this reason, you should periodically visit this page to review the most current Terms of Use for our Website.

WEBSITE CONTENTS, PROPRIETARY RIGHTS AND USE RESTRICTIONS

Our Website in its entirety, including, but not limited to, all website design, content, information, images, data, illustrations, page designs, headers, icons, photographs, text, logos, descriptions, video or audio clips, graphics, code, programs, computer software or any other material, (hereinafter collectively referred to as the “Contents”), are the sole property of Bishai Art and are protected by copyrights (U.S. and international), trademarks, trade dress, service marks and/or other proprietary rights owned by Bishai Art, and all rights thereto are specifically reserved. All of the Contents of our Website are copyrighted as a collective work under the International copyright laws, and Bishai Art owns a copyright in the selection, coordination, arrangement and enhancement of such Contents. Using our Website does not confer, by implication, estoppels or otherwise, any ownership right to our Website as a whole or to any individual elements of our Website, without regard to whether such elements are subject to copyright or trademark protection. In addition, nothing contained in our Website grants or should be construed as granting to you, any license or right to use any trademarks, trade names, logos, or service marks displayed on our Website, without the written permission of Bishai Art.

The Contents of our Website and our Website as a whole, is intended solely for your personal, non-commercial use, and such use is limited to you accessing and using our Website for the sole purpose of browsing, shopping and ordering of products from our Website. Any other use of our Website by you is strictly prohibited. Our Website or any of the Contents of our Website may not be reproduced, published, copied, duplicated, modified, distributed, transmitted, displayed, sold, resold, licensed, or otherwise exploited, in whole or in part, for any commercial purpose, unless you have obtained prior written permission from Bishai Art. Bishai Art prohibits the use of the Bishai Art logo or any of our Website Contents, as a link to any website, unless creating such a link is approved in advance by Bishai Art.

Our Website and its Contents may contain typographical errors, errors of omissions or inaccuracies and may not be complete or current. Bishai Art reserves the right to correct any errors, omissions or inaccuracies and to update or change the Contents of our Website at any time, without prior notice, including after any order has been submitted to Bishai Art. As a result, Bishai Art reserves the right to cancel or refuse to accept any order that contains any errors, omissions or inaccuracies in either the Contents, pricing and/or availability, whether or not the order has been confirmed or your credit or debit card charged. In the event your order is cancelled and your credit or debit card has been charged, Bishai Art will promptly issue a refund to your credit or debit card account in the amount of your purchase.

PRICES AND ORDERS

All prices displayed on our Website are in Canadian Dollars. All prices and product availability are subject to change without notice. Prices advertised on our Website are for online orders only. In addition, Bishai Art reserves the right, at anytime and for any reason, to refuse, limit or cancel any orders, whether or not the order has been confirmed and your credit or debit card charged. In the event your order is cancelled and your credit or debit card has been charged Bishai Art will promptly issue a refund to your credit or debit card account in the amount of your purchase.

COLOUR AND PRODUCT DESCRIPTION

Bishai Art has made every effort to display as accurately as possible the colours of our paintings that appear on our Website. However, as the actual colours you see will depend on your monitor, Bishai Art cannot guarantee that your monitor’s display of any colour will be accurate. In addition, the oil paintings Bishai Art offers for sale on our Website are all hand-painted by our artists and as a result, there may be some variations in the oil painting you receive and the picture displayed on our Website. All product descriptions appearing on our Website are attempted to be as accurate as possible. However, Bishai Art does not warrant that any product descriptions are accurate, complete, current, or error free. If a product delivered by Bishai Art is not as described or depicted on our Website and/or not in the colour of your choice, your sole remedy is to return it to Bishai Art in undamaged condition, within 10 days of your invoice date, for a prompt and courteous refund of your purchase price, less the actual shipping and handling costs to ship the order to you.

RETURNS

If for any reason you are not 100% satisfied with your purchase, you may return it to us within 10 days of your invoice date for a prompt and courteous refund of your purchase price, less the actual shipping and handling costs to ship the order to you. All returns must be sent to us freight prepaid. Please E-Mail us a “Return Goods Authorization” (RGA) and return instructions or call us at 1-416-400-4942 or 1-647-991-4942. Unfortunately, we are unable to accept returns of oil paintings that have been altered in any way by the customer. Oil paintings ordered with any custom changes (i.e. custom sizes, custom colours, adding or deleting parts to the oil painting) can only be returned for a cash credit. Please note that customs charges and import/excise taxes are not refundable. If an oil painting is being returned after 10 days from purchase, its price is not refundable and can only be exchanged for an oil painting that is of equal or lesser value at the discretion of Bishai Art. Shipping and handling charges apply to any oil paintings shipped to you in exchange for oil paintings returned.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

In the event our Website contains links to third party websites (hereinafter referred to as “Linked Websites”), you agree that Bishai Art does not endorse, sponsor, or control these Linked Websites and is therefore not responsible or liable for any content, advertising, products, or other materials on such Linked Websites. Any concerns you may have regarding any Linked Website, must be directed to that particular Linked Website. You agree to defend, indemnify and hold Bishai Art and their respective employees, contractors, suppliers, or agents harmless from and against any and all claims, damages, losses, costs, and expenses, including attorneys’ fees, arising out of or related to the use by you of any Linked Websites.

PASSWORD SECURITY

Many activities on our Website are conducted within the scope of you registering an account name with Bishai Art and receiving a secure password. Bishai Art shall retain the ownership of your account and licenses it to you on a limited non-exclusive basis for the duration of your account activation. You hereby agree that you are solely responsible for keeping your account information and password confidential and secure, which may include you taking the following safeguards: restricting access to any computer owned by you or not disclosing the password of your account to anyone, except persons you have authorized to use your account. You hereby agree to accept full responsibility for any liabilities resulting from all activities that occur within any such account registered in your name with our Website, including, but not limited to any liability that may occur with respect to the use of your account by any person you have duly authorized to access and use your account or by any liability that may occur as it relates to your failure to keep your account name and password secure. You agree to notify Bishai Art promptly upon any unauthorized use of your account.

USER CONDUCT AND INFORMATION SUBMITTED BY YOU

You hereby agree to access and use our Website only for lawful purposes and not to allow others to access and use your account for any unlawful purposes. You agree to use our Website in accordance with the Terms of Use as set forth in this Agreement and to comply with all applicable laws, statutes, regulations and ordinances when using or purchasing products from our Website. All billing and account registration information provided by you must be accurate and completely truthful. Any conduct by you that in the sole discretion of Bishai Art restricts, interferes, or inhibits any other user from accessing, using or ordering products from our Website will not be permitted. You are strictly prohibited from posting on or submitting any material or information, including, but not limited to, comments, feedback, suggestions, ideas, messages, notes and any other communications or transmissions (hereinafter referred collectively as, “Comments”) through our Website that contains any unlawful, libelous, abusive, obscene, vulgar, harmful, hateful, racial, ethnic, harassing, profane, sexually explicit, fraudulent, defamatory, threatening or otherwise objectionable material of any kind, including, but not limited to any material that encourages conduct that would give rise to a criminal or civil liability under any applicable local, state, national or international law.

You agree that you are and shall remain solely responsible for the content of any Comments you submit to Bishai Art or our Website. In addition, you hereby agree to defend, indemnify and hold harmless Bishai Art and their respective employees, contractors, suppliers, or agents from and against any and all claims, damages, losses, costs, and expenses, including attorneys’ fees, arising out of any Comments you submit, post, or transmit to or from our Website.

You agree that any Comments disclosed, submitted or offered by you to Bishai Art in connection with your use of our Website, shall become and remain the property of Bishai Art. All such Comments submitted by you will be treated as non-confidential and non-proprietary and Bishai Art will be entitled to use, edit, reproduce, disclose, modify, adapt, create derivative works from, display, distribute, and publish any Comments you submit to us for any purpose whatsoever, including but not limited to, marketing, developing or manufacturing products that incorporate such Comments, all without restriction or compensation to you. Any Comments submitted by you to Bishai Art shall constitute an assignment to Bishai Art of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. You hereby grant Bishai Art the right to use your name, along with your city and province or state of residence that you submit in connection with any Comments.

PHOTOGRAPH RELEASE

Any photograph or image that is sent by you to Bishai Art is subject to the following terms and conditions:

1. You represent and warrant to Bishai Art that you are the sole creator, producer, photographer and/or author of this photograph or image and that you have sole copyright ownership of this photograph or image. You further represent that if a photographer was hired by you to take this photograph or image that you have obtained an assignment of copyright from said photographer or have obtained a license which allows you to make reproductions or derivative works based on said photograph or image.

2. You represent that you have secured written right of privacy releases from all persons depicted in the photograph, image or portrait.

3. You hereby grant Bishai Art the right to copy, publish, and use the provided photograph or image for any lawful purpose, including for an original oil painting reproduction.

4. You further hereby agree to hold Bishai Art, its successors or assigns harmless from any damage to or loss from photographs or images sent to us or for any action which may accrue from our use of your photograph or image.

AGE OF USERS

You must be at least 18 years old to use our Website. In addition, Bishai Art does not knowingly market to or knowingly solicit information from any minors under the age of 18. Bishai Art relies upon parents, guardians and those responsible for supervising minors, to determine if any of the Content or products available on our Website is appropriate to view by minors. Each time you purchase a product from our Website, you certify to Bishai Art that you are 18 years of age or older.

Bishai Art hereby notifies you that parental control protections are commercially available, such as computer hardware, software or filtering services that may assist you in limiting access to the Contents of our Website that may be harmful to minors. The following companies are only a few of the many companies offering internet filtering and parental control protections: CyberSitter, CyberPatrol, and NetNanny (hereinafter referred to as “Parental Control Companies”). Bishai Art has not evaluated any of the services provided by these Parental Control Companies, and does not approve, sponsor, control, or endorse any of these Parental Control Companies or their services. You agree to defend, indemnify and hold harmless Bishai Art and their respective employees, contractors, suppliers, or agents from and against any and all claims, damages, liabilities, demands, losses, costs, and expenses, including attorneys’ fees, arising out of or related to the use by you of any such Parental Control Companies.

TERMINATION

This Agreement, which sets forth the Terms of Use for our Website, is effective until terminated by either you or Bishai Art. You may terminate this Agreement at any time, if you no longer agree to be bound by the provisions of this Agreement, including the Terms of Use of our Website as contained herein and immediately cease to access or use our Website. Bishai Art, at its sole discretion, may terminate this Agreement at any time, and may do so immediately without prior notice, if Bishai Art determines that you have violated or failed to comply with any of the Terms of Use for our Website as stated in this Agreement, or your conduct violates any applicable laws. Any termination effected by Bishai Art upon you, will result in your immediate denial of access and use of our Website. Upon any termination of this Agreement by either you or Bishai Art, you hereby agree to immediately destroy any materials obtained from our Website, including any copies of any such materials. Furthermore, you agree to defend, indemnify and hold harmless Bishai Art and their respective employees, contractors, suppliers, or agents from and against any and all claims, demands, liabilities, costs, and expenses, including attorneys’ fees arising from or related to your termination and subsequent denial to access and use our Website.

DISCLAIMER OF WARRANTY

OUR WEBSITE AND ALL OF THE CONTENTS INCLUDED ON OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BISHAI ART AND EMPLOYEES, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEBSITE AND ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES:(1) REGARDING THE OPERATION OR FUNCTION OF OUR WEBSITE (2) REGARDING ANY PRODUCTS, SERVICES, CONTENTS OR MATERIALS ON OUR WEBSITE (3) THAT THE USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS (4) THAT THE INFORMATION OR CONTENTS ON OUR WEBSITE ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE (5) THAT OUR WEBSITE, SERVERS OR ANY E-MAILS SENT FROM OUR WEBSITE ARE FREE FROM VIRUSES OR OTHER INJURIOUS ELEMENTS.

TO THE FULL EXTENT PERMITTED BY LAW, BISHAI ART AND THEIR EMPLOYEES, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

LIMITATION OF LIABILITY

BY USING OUR WEBSITE, YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL BISHAI ART AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF PROPERTY, LOSS OF GOOD WILL, OR LOSS OF INCOME, ALL ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BISHAI ART OR THEIR EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OF LIABILITY AS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BISHAI ART, THEIR EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (C$100.00).

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Bishai Art, and their employees, contractors, suppliers, or agents from and against any and all claims, demands, liabilities, costs, and expenses, including attorneys’ fees arising from or related to: (1) your use of our Website, (2) your violation of this Agreement and the Terms of Use herein, (3) the content of any Comments you have submitted to our Website, (4) your violation of any third party rights, including, but not limited to, privacy rights or intellectual property rights.

JURISDICTION

Bishai Art controls and operates our Website from its offices within the Province of Ontario in Canada. As such, the laws of Ontario shall govern this Agreement, without giving effect to any principles of conflicts of laws. You hereby agree that any claims arising from or related to the use of our Website, including any Contents, materials or products contained therein, shall be governed by and construed in accordance with the laws of the Province of Ontario and you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Province of Ontario and waive all objections to venue in the Province of Ontario. Bishai Art makes no representation that our Website or its Contents are appropriate or available for use in other territories and access to our Website and its Contents from locations where our Website or its Contents are illegal is prohibited. Those who choose to access and use our Website from other locations, do so on their own initiative and are responsible for compliance with any applicable laws.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Contents derived from our Website to either a foreign national or a foreign destination in violation of such laws.

PRIVACY POLICY

Bishai Art maintains a Privacy Policy to share with you our information collection practices. By using our Website, you consent to the collection and use of your information, as described in the Bishai Art Privacy Policy. If you do not agree to the Bishai Art Privacy Policy, please do not use our Website.

GENERAL

This Agreement, which sets forth the Terms of Use for our Website, constitutes the entire agreement between you and Bishai Art with respect to the subject matter herein, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any provision of this Agreement is held to be unenforceable for any reason, in whole or in part, then such provision shall be amended only to the extent it can become enforceable, while the remaining provisions of this Agreement shall remain in full force and effect. The failure of Bishai Art to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You and Bishai Art agree that any claim or cause of action arising out of or related to our Website or this Agreement, must be filed within one year after the claim or cause of action arose, or such claim or cause of action will be forever barred. The headings used in this Agreement herein, are intended for convenience only and shall in no way affect the interpretation of this Agreement or limit its scope and shall have no legal or contractual effect. You may not assign this Agreement to anyone.

POLICY FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that material has been posted on our Website in a way that infringes on a copyright that you own, please provide the following information to our Copyright Agent:

An electronic or physical signature of the owner of the allegedly infringed copyright or a duly authorized person to act on behalf of the owner;
A description of the copyrighted work that you claim has been infringed or in the case of multiple copyrighted works, a list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bishai Art to locate the material;
Information reasonably sufficient to permit Bishai Art to contact the complaining party, such as the name, address, telephone number and E-Mail address where the complaining party can be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Bishai Art’s Copyright Agent for notice of claims of copyright infringement on our Website can be reached as follows:

Mr. Ed Hore,

10 Queens Quay W, 2306

Toronto, Ontario Canada M5J 2R9