Terms and Conditions
I: TERMS OF SERVICE & ACQUISITION POLICY
Last Updated: May 28, 2026 [2]
Welcome to [Klumper Art] (klumperart.com). By accessing this Website, browsing our collection, or finalizing an artwork acquisition, you (the "Collector," "User," or "Organization") agree to be bound by the following Terms and Conditions. Please read them carefully before making a financial transaction.
1. STIPULATION OF NO RETURNS, REFUNDS, OR EXCHANGES
• Strict All-Sales-Final Policy: Due to the one-of-a-kind nature of premium original fine art and the high-value logistics involved in insured transit, all acquisitions made via this website, private invoice, or partner gala auctions are strictly final.
• No Cancellation: Once payment is processed, the transaction cannot be canceled, refunded, or exchanged for other studio stock under any circumstances.
• Condition Verification: The Studio provides high-definition, 4K digital previews of all artwork upon request prior to shipping. It is the buyer’s responsibility to inspect color depth, scale, and texture before finalizing the purchase.
2. LIMITATION OF SHIPPING & TRANSIT LIABILITY
• Transfer of Risk: The Studio utilizes premium, multi-layered art packaging and ships via national carriers with full-value insurance. However, once an artwork is scanned and accepted into the custody of the shipping carrier (FedEx/UPS/DHL), the Studio is fully released from liability regarding transit delays, carrier negligence, or transit damages.
• Damaged Shipments Protocol: In the rare event that an artwork arrives with structural damage caused by the carrier, the buyer must notify the Studio via email within twenty-four (24) hours of delivery. The notification must include clear photographic proof of both the damaged packaging and the canvas. This documentation is mandatory for the Studio to file a third-party insurance claim on your behalf. Failure to report damage within 24 hours voids any studio assistance.
3. RESERVATION OF INTELLECTUAL PROPERTY & COPYRIGHTS
• No Transfer of Rights: The physical acquisition of an original painting grants the buyer ownership of that specific physical canvas only.
• Artist Retention of Rights: The Artist strictly reserves all intellectual property rights, electronic distribution rights, and reproduction rights. The buyer may not replicate, print, digitize, modify, or commercially exploit the artwork image in any capacity without express, written contractual consent from the Artist.
4. INDEMNIFICATION & FORCE MAJEURE
• User Indemnity: You agree to indemnify, defend, and hold harmless the Artist and Studio from any claims, liabilities, damages, or costs arising from your misuse of the Website or breach of these Terms.
• Act of God/Force Majeure: The Studio is not liable for any failure or delay in shipping performance resulting from acts beyond our reasonable control, including but not limited to natural disasters, government restrictions, customs delays, or national carrier strikes.
5. MANDATORY BINDING ARBITRATION & WAIVER OF CLASS ACTIONS
• Resolution Outside of Court: By utilizing this Website or acquiring any artwork, you and the Studio agree that any dispute, claim, or controversy arising out of or relating to these Terms, the artwork, or shipping logistics shall be settled exclusively through binding, individual arbitration rather than in a court of law.
• Waiver of Jury Trial: You formally waive your right to a trial by jury or to participate in a class-action lawsuit or class-wide arbitration.
• The Process: The arbitration shall be administered privately by a neutral arbitrator under the rules of the American Arbitration Association (AAA), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party will be responsible for their own legal fees.
6. MAXIMUM LIMITATION OF LIABILITY AND DAMAGES CAP
• Financial Cap on Claims: To the maximum extent permitted by applicable law, under no circumstances shall the Artist or Studio be liable to the buyer, collector, or any third party for any indirect, incidental, punitive, special, or consequential damages whatsoever (including, without limitation, lost profits, lost savings, emotional distress, or business interruption).
• The Absolute Limit: The total, aggregate liability of the Artist and Studio for any single claim or lawsuit arising out of an artwork purchase, gala partnership, or transit dispute shall be strictly limited to the exact dollar amount paid by the buyer to the Studio for that specific piece of artwork. Under no circumstances will any payout or judgment exceed the purchase price of the canvas.
7. FINANCIAL TRANSACTIONS & GOVERNING LAW
• Payment Terms: Full payment via approved credit card, wire transfer, or ACH is required before any artwork is unlisted from our catalog and released for shipping.
• Chargeback Prevention: By checking the agreement box at checkout, the buyer formally waives their right to initiate a credit card chargeback or dispute with their financial institution under claims of "buyer's remorse" or "unauthorized return request."
• Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of [Your Home State], without regard to its conflict of law provisions. Any legal disputes must be filed within the jurisdiction of the Artist's home county.
8. ERRORS, INACCURACIES, AND DIGITAL MISREPRESENTATION DISCLAIMER
• Digital vs. Physical Variance: The Studio makes every effort to display the colors, textures, and details of our artwork as accurately as possible under professional museum lighting. However, because computer monitors and mobile screens display colors differently, the Studio does not guarantee that your screen's display of any color will be 100% identical to the physical canvas. Minor color or texture variances do not constitute a defect and do not entitle the buyer to a refund or legal claim.
• Typographical Errors: In the event that an artwork is mistakenly listed at an incorrect price or with incorrect dimensions due to a typographical error, the Studio reserves the right to refuse or cancel any orders placed for that item, even if the transaction was processed and your payment cleared. In such cases, the Studio will instantly issue a full refund and cancel the transaction without further liability.
9. THEOLOGICAL AND REVELATORY INTERPRETATION DISCLAIMER
• Subjective Nature of Prophetic Art: Prophetic and faith-inspired fine art is inherently spiritual, subjective, and a reflection of the artist’s private prayer life and creative intuition. The Studio offers no warranties, guarantees, or spiritual representations regarding how a buyer, church committee, or individual donor will personally interpret or react to the theological narrative behind a canvas. Disagreement with the artist's prophetic summary or spiritual themes does not constitute a valid legal dispute, a breach of contract, or a basis for a refund.
10. STATUTE OF LIMITATIONS FOR CLAIMS
• Shortened Window to Sue: You agree that any claim, dispute, or cause of action arising out of or related to this Website, your purchase, or a gala consignment partnership must be formally filed in private arbitration within one (1) year after the cause of action arose. After one year, the claim is permanently barred and legally dead, regardless of any state laws that allow for longer windows to file a lawsuit.
11. MATERIAL SAFETY AND PHYSICAL INJURY WAIVER
• Stewardship of Application: While the Studio certifies that all paints and mediums used are premium, non-toxic, and free of toxic heavy metals, the artwork is intended strictly as a static, wall-bound visual asset.
• Assumption of Risk: The Studio assumes zero liability for physical injuries, allergic reactions, property damage, or bodily harm caused by the physical hanging, dropping, handling, or unboxing of the artwork. It is the sole responsibility of the buyer or the organization's venue staff to use secure, heavy-duty architectural hardware to mount the canvas safely.
12. INTELLECTUAL PROPERTY AND THIRD-PARTY INFRINGEMENT PROTECTION
• Originality Warranty: The Artist warrants that all creations are original works rendered entirely by the Artist's own hand.
• Unintentional Overlap Disclaimer: In the field of landscape and prophetic fine art, thematic or visual similarities to other historical, biblical, or contemporary works may occur naturally. The buyer and any third-party organizations agree that such natural overlap or stylistic similarities do not constitute copyright infringement, plagiarism, or intellectual property theft, and waive all rights to pursue legal action on these grounds.
13. AGE RESTRICTION AND CAPACITY TO CONTRACT
• Adult Capacity Mandatory: By finalizing an acquisition, submitting a partnership application, or checking the agreement box on this Website, you formally represent that you are at least eighteen (18) years of age and possess the full legal capacity to enter into binding financial and contractual obligations. The Studio is fully insulated from liability if a minor utilizes an adult's financial accounts without authorization.
14. SEVERABILITY AND ENTIRE AGREEMENT (SEAL OF THE SHIELD)
• The Entire Agreement: These Terms of Service, along with your finalized checkout invoice or executed DocuSign Consignment Contract, constitute the entire, absolute agreement between you and the Studio. It completely supersedes and replaces all prior text messages, phone conversations, verbal promises, or informal emails.
• Severability: If any single clause in these Terms is found by an arbitrator to be invalid or unenforceable, that specific clause will be removed, but all remaining sections of these Terms will stay 100% active, valid, and legally binding.
15. WEBSITE SYSTEM UTILITY, DOWNTIME, AND CYBER-ATTACK DISCLAIMER
• As-Is Basis: This Website and all of its content, application forms, and digital catalogs are provided strictly on an "as-is" and "as-available" basis without warranties of any kind.
• No Liability for Tech Failures: The Studio assumes zero responsibility or legal liability for any damages, lost profits, or missed organizational gala deadlines caused by temporary website downtime, server crashes, software glitches, checkout payment processing failures, or malicious cyber-attacks (including data breaches, hacking, or viruses) that may impact your device or data.
16. NO WAIVER OF RIGHTS BY INDULGENCE
• Enforcement Flexibility: If the Studio chooses not to immediately enforce a specific rule or deadline in these Terms (for example, if a ministry pays their reserve price split a few days late and you choose not to penalize them), this does not mean the Studio has waived its legal rights. The Studio retains the absolute right to strictly enforce any and all sections of these Terms at any time in the future.
17. NON-DISCLOSURE OF PROPRIETARY DATA AND REJECTION OF AUDITS
• Privacy of Business Records: By submitting an application or purchasing an artwork, the buyer or partnering organization explicitly agrees that they have no legal right to audit, demand, or subpoena the Artist’s private business financial records, studio profit margins, paint ingredient sourcing, or internal company communications. All internal studio data remains strictly proprietary, confidential, and legally protected from third-party disclosure outside of an active, legally mandated arbitration order.
18. STRICT PROHIBITION AGAINST ARTIFICIAL INTELLIGENCE (AI) TRAINING AND DATA SCRAPING
• No AI Utilization Allowed: The User, Collector, or any visiting third-party entity is strictly prohibited from using any text, images, prophetic narratives, or photographs found on this Website to train, refine, or test any Artificial Intelligence (AI) models, machine learning algorithms, large language models (LLMs), or text-to-image generators (including but not limited to Midjourney, DALL-E, Stable Diffusion, or similar platforms).
• Liquidated Damages for AI Harvesting: Any automated scraping, downloading, or harvesting of the artwork images for AI data mining purposes constitutes immediate copyright infringement. The Studio reserves the right to pursue full civil and statutory damages for unauthorized data extraction.
19. RECOVERY OF LEGAL AND ARBITRATION FEES FOR FRIVOLOUS ACTIONS
• Loser-Pays Clause: In the extreme and unauthorized event that a buyer or organization violates the mandatory private arbitration agreement and attempts to file a traditional court lawsuit against the Artist, Studio, or the Artist’s family, the initiating party agrees to pay all costs incurred by the Studio.
• Full Reimbursement: This includes full reimbursement of the Studio's private arbitration setup fees, administrative fees, travel costs to the county of jurisdiction, and any technical consultant expenses required to defend the frivolous action.