Terms of Service | Hammond Raffetto Art

# HAMMOND RAFFETTO ART — TERMS OF SERVICE

**Effective:** April 29, 2026

**Last updated:** May 5, 2026

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## OVERVIEW

This document is the Terms of Service ("Terms") for Hammond Raffetto Art ("we," "us," "our," or "the Artist"). It governs two services we provide:

1. **Our website and online store** at hammondraffetto.art — for browsing the portfolio, reading content, purchasing prints and other products, and submitting comments or inquiries.

2. **The Hammond Raffetto Art Gallery iOS application** ("the App") — for viewing curated photographic artwork on iPhone and iPad, saving images to your device's photo library, and using saved images as personal device wallpaper.

Some provisions apply to both services; others apply only to one. The document is divided as follows:

- **Part I — Website and Online Store Terms** (sections W1 through W13)

- **Part II — App Terms** (sections A1 through A10) — *if you are an App user, you may navigate directly to this part at [#app-terms](#app-terms)*

- **Part III — Common Provisions** (sections C1 through C7) — apply to both services

By accessing the website or installing or using the App, you agree to be bound by the relevant Parts of these Terms together with Part III.

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# PART I — WEBSITE AND ONLINE STORE TERMS

### W1. Acceptance

By visiting hammondraffetto.art, browsing our content, or purchasing a product from our online store, you engage in our "Service" and agree to be bound by these Website Terms together with the Common Provisions in Part III. These Website Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content. If you do not agree, please do not access or use the website.

### W2. Eligibility

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use the site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

### W3. Account Information and Accuracy

You agree to provide accurate, current, and complete purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

### W4. Products and Services

Certain products or Services may be available exclusively online through the website. These products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products, but we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice.

### W5. Orders, Pricing, and Modifications

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We reserve the right to refuse any order you place with us, and may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

### W6. Shipping and Returns

Returns, refunds, and exchanges are governed by our [Refund Policy](https://www.hammondraffetto.art/returns-refunds).

### W7. Intellectual Property (Website)

All artwork, photographs, written content, product imagery, branding, and trademarks displayed on the website are the exclusive property of Hammond Raffetto Art and are protected by copyright and trademark law. Purchase of a print, product, or other physical good from our store conveys ownership of the physical item only. It does not transfer reproduction, redistribution, sublicense, commercial-use, or any other intellectual-property right in the underlying artwork. All such rights are reserved.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, or access to the Service or any content on the website, without express written permission from us.

### W8. Prohibited Uses (Website)

In addition to the prohibitions set forth elsewhere in these Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, provincial, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, the website, or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

### W9. Third-Party Services and Links

Our website is hosted on Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and Services. We may also provide access to third-party tools and link to third-party sites. We provide such tools and links "as is" and "as available" without warranties, representations, or conditions of any kind, and without endorsement. We are not responsible for examining or evaluating the content or accuracy of any third-party materials, websites, products, or Services, and we shall not be liable for any harm or damages related to them. Please review the third party's policies and practices carefully before engaging in any transaction with them.

### W10. User Comments, Feedback, and Other Submissions

If you send us creative ideas, suggestions, proposals, plans, photos, or other materials — whether in response to a request from us or unsolicited (collectively, "comments") — you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right, and will not contain libelous or otherwise unlawful, abusive, or obscene material. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

### W11. Privacy and Personal Information

Your submission of personal information through the website is governed by our [Privacy Policy](https://www.hammondraffetto.art/privacy-policy).

### W12. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice. We undertake no obligation to update, amend, or clarify information on the website except as required by law.

### W13. Website-Specific Disclaimers

We do not guarantee that your use of the website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. The website is provided "as is" and "as available." Additional disclaimers of warranties and limitations of liability are set forth in Part III, Common Provisions.

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# PART II — HAMMOND RAFFETTO ART GALLERY APP TERMS

### A1. Acceptance

By downloading, installing, or using the Hammond Raffetto Art Gallery application ("the App"), you agree to be bound by these App Terms together with the Common Provisions in Part III. If you do not agree, please do not install or use the App.

### A2. Artwork and Intellectual Property

All artwork, images, photographs, captions, descriptions, and written content displayed in the App are the exclusive property of Hammond Raffetto Art and are protected by copyright. The App grants you a **limited, personal, non-commercial, revocable, non-transferable license** to view artwork within the App and to save artwork to your device's photo library for personal use, including setting saved images as wallpaper on devices you personally own. All other rights are reserved.

### A3. Permitted Use

Subject to the prohibitions in Section A4, you may:

- View any and all artwork made available within the App;

- Save artwork to your device's photo library;

- Set saved artwork as wallpaper on iPhones, iPads, or other devices that you personally own;

- Share artwork using the App's built-in share feature for personal, non-commercial purposes;

- After saving artwork to your photo library, share or display the image personally — for example, AirDropping it to friends or family, sending it in personal messages, posting it to a personal (non-monetized) social media account, or printing it for display in your own home — provided that:

1. The use remains personal and non-commercial;

2. The artwork is not modified, cropped, color-altered, or stripped of embedded copyright information; and

3. Any reasonable attribution to the Artist that the platform permits is preserved.

The license granted in Section A2 does not include any right to commercial exploitation. If you are unsure whether a particular use is permitted, please contact us — see Section C7.

### A4. Prohibited Use

You may not, without prior written permission from Hammond Raffetto Art:

(a) Use any artwork for any commercial purpose, including in any product, service, advertisement, marketing material, monetized social media account, paid newsletter, paid stream, or paid presentation;

(b) Sell, license, sublicense, lease, rent, distribute, or otherwise transfer artwork or copies of artwork to any third party;

(c) Reproduce artwork as prints, posters, canvases, merchandise, fabric, ceramics, or any other physical product for sale, gift exchange, or general distribution beyond your own personal use;

(d) Use artwork to mint, create, list, or trade any non-fungible token (NFT), or include artwork in any cryptocurrency, blockchain, or distributed-ledger asset;

(e) Use artwork as training data, fine-tuning data, reference material, or input for any generative artificial-intelligence model, machine-learning system, image-synthesis tool, or dataset, whether for personal experimentation or for the development of any model, product, or service;

(f) Modify, alter, crop significantly, color-correct, edit, retouch, or create derivative works of any artwork beyond what is necessary for personal display on your own device;

(g) Remove, alter, conceal, or obscure any watermark, signature, copyright notice, EXIF metadata, IPTC metadata, or other ownership or attribution information embedded in or associated with the artwork;

(h) Reverse-engineer, decompile, disassemble, scrape, mass-download, or attempt to extract the underlying artwork catalog from the App by automated or manual means;

(i) Use the App in any manner that violates applicable law, infringes the rights of others, or interferes with the operation of the App or its underlying services.

### A5. Notifications

If you enable notifications, the App may send a daily featured-artwork reminder and alerts when new artwork is published. You may disable notifications at any time in the App's settings or in your device's Settings app.

### A6. App Data and Privacy

The App stores local preferences (such as theme choice, favorited artworks, and notification settings) on your device. The App does not require an account, does not collect personally identifiable information from you, and does not transmit your activity to us. For additional information, see our [Privacy Policy](https://www.hammondraffetto.art/privacy-policy).

### A7. Apple and Third-Party Services

The App is licensed, not sold, to you for use only under the terms of these App Terms. The license is concluded between you and Hammond Raffetto Art only, and not with Apple Inc. ("Apple"). Hammond Raffetto Art, not Apple, is solely responsible for the App and its content.

You acknowledge and agree that:

- Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App;

- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;

- Hammond Raffetto Art, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;

- In the event of any third-party claim that the App or your possession or use of the App infringes that third party's intellectual property rights, Hammond Raffetto Art, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim;

- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;

- Apple and Apple's subsidiaries are third-party beneficiaries of these App Terms, and upon your acceptance of these App Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these App Terms against you as a third-party beneficiary thereof.

The App may link to external websites, including hammondraffetto.art. We are not responsible for the content, privacy policies, or practices of any third-party services or sites.

### A8. App-Specific Disclaimer

The App is provided "as is" and "as available," without warranty of any kind. We do not guarantee uninterrupted access, error-free operation, or that the App will remain compatible with future operating-system versions. Additional disclaimers of warranties and limitations of liability are set forth in Part III, Common Provisions.

### A9. App-Specific Limitation of Liability

In addition to the Common Provisions in Part III, and to the fullest extent permitted by law, Hammond Raffetto Art and the App's developers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App, including but not limited to loss of data, device damage, loss of personal preferences, or loss of enjoyment.

### A10. App Termination and Changes

We may modify, suspend, or discontinue the App or any feature at any time without notice. We may revoke your license to use the App at any time if we determine, in our sole discretion, that you have violated these Terms. Upon revocation, you must cease using the App and delete any artwork that was saved to your device under the license granted in these Terms.

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# PART III — COMMON PROVISIONS

These provisions apply to both the website and the App.

### C1. Changes to These Terms

We may update these Terms from time to time. Updates will be posted on this page with a new "Last updated" date. Material changes that affect previously granted licenses will be communicated through the relevant service (a notice on the website, an in-App message, or both). Your continued use of either service after updates are posted constitutes acceptance of the revised Terms.

### C2. Disclaimer of Warranties

You expressly agree that your use of, or inability to use, our services is at your sole risk. Except as expressly stated, our services and all products and content delivered through them are provided "as is" and "as available," without representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

### C3. Limitation of Liability

In no event shall Hammond Raffetto Art, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of either service or any product procured through it, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

### C4. Indemnification

You agree to indemnify, defend, and hold harmless Hammond Raffetto Art and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

### C5. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

### C6. Governing Law and Venue

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles. Any dispute arising out of or related to these Terms or our services shall be brought exclusively in the state or federal courts located in San Joaquin County, California, and you consent to the personal jurisdiction of those courts. Where the App is concerned, this Section C6 does not limit any right you may have under the laws of your country of residence to bring proceedings in a local court, to the extent such right cannot lawfully be waived.

### C7. Entire Agreement and Contact

These Terms, together with our [Privacy Policy](https://www.hammondraffetto.art/privacy-policy), [Refund Policy](https://www.hammondraffetto.art/returns-refunds), and [Cookie Policy](https://www.hammondraffetto.art/cookie-policy), constitute the entire agreement between you and Hammond Raffetto Art regarding our services and supersede any prior or contemporaneous agreements, communications, or proposals. The failure of us to exercise or enforce any right or provision shall not constitute a waiver of that right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

For questions about these Terms, licensing inquiries, or commercial-use requests for any artwork, please contact us:

**Hammond Raffetto Art**

support@hammondraffetto.art

9840 Oakwilde Ave., Morada, CA 95212, United States

(833) 278-5683

San Joaquin County License No. 54899

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