Effective and Last Updated: July 18, 2026

These Terms and Conditions (the “Terms”) govern your access to and use of www.artbyavianne.com (the “Site”), which is operated by Avianne International LLC, doing business as Art by Avianne (“Art by Avianne,” “Avianne,” “we,” “us,” or “our”).

The Site presents Avianne’s fine-art practice, artwork, collections, ceramic sculpture, Etherealism, educational information, and ways to begin a professional inquiry. By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

These Terms should be read together with the Site’s Privacy Policy and Disclaimers. They do not replace a separately signed sales, commission, exhibition, licensing, collaboration, teaching, or other professional agreement. If a separate written agreement conflicts with these Terms, the separate written agreement controls for that specific matter.

1. Eligibility and Authority

You may browse the Site regardless of age, but you must be legally capable of entering into a binding agreement to purchase artwork, commission work, license content, or conduct another transaction with us. A parent or legal guardian must act on behalf of a minor when a binding agreement or payment is involved.

If you contact us or enter into an agreement on behalf of a gallery, museum, school, business, nonprofit organization, government entity, collector, or other person or organization, you represent that you have authority to do so.

2. Purpose and Availability of the Site

The Site is a professional presentation and inquiry platform. It is not a promise that every displayed artwork, commission opportunity, exhibition proposal, class, collaboration, or service is currently available.

• Artwork may be sold, reserved, withdrawn, loaned, exhibited, altered while in progress, or otherwise unavailable without immediate notice on the Site.
• Descriptions, dimensions, media, dates, availability, and other details are provided in good faith but remain subject to verification before a transaction.
• We may update, reorganize, suspend, or discontinue any part of the Site. Changes to the Site do not alter an existing signed agreement unless the parties agree in writing or applicable law requires otherwise.

3. Inquiries and Communications

You may contact us regarding available work, commissions, exhibitions, professional representation, licensing, teaching, press, collaborations, or other legitimate matters. Please provide accurate contact information and enough relevant detail for us to evaluate and respond to the inquiry.

• Submitting an inquiry does not create a contract, reservation, agency relationship, fiduciary relationship, partnership, employment relationship, or obligation to proceed.
• An email, message, discussion, estimate, or preliminary proposal is not a binding acceptance unless it is expressly incorporated into a signed agreement or accepted invoice.
• Do not send passwords, complete payment-card details, government identification numbers, medical records, or other highly sensitive information through ordinary email.
• Do not send confidential business information, trade secrets, proprietary concepts, or unpublished creative material unless we have first agreed in writing to receive it confidentially.
• For the security of both parties, transactions may be conducted through verified payment, invoicing, shipping, insurance, and documentation services.

4. Artwork Availability, Inquiries, and Sales

Unless the Site expressly provides a completed online checkout process, a “Purchase,” “Inquire,” or similar button is an invitation to contact us. It does not reserve the work, guarantee availability, fix a final price, or complete a sale.

A sale becomes binding only when all applicable steps have occurred, which may include:

• The artwork, price, currency, taxes, fees, shipping or delivery arrangements, and any other material terms have been confirmed in writing.
• Any required invoice, bill of sale, condition report, licensing document, or other agreement has been accepted or signed.
• Required payment has been received and cleared through an approved payment method.
• Any identity, fraud-prevention, export, import, sanctions, or shipping verification reasonably required for the transaction has been completed.

We may correct an obvious pricing, description, or availability error before a sale is completed. We may also decline or cancel a proposed transaction when we reasonably suspect fraud, unlawful activity, infringement, payment problems, shipping restrictions, or another legitimate business or legal concern. If we cancel after receiving funds, any refund due will be handled according to the payment method, written agreement, and applicable law.

Unique characteristics and visual presentation.

Original paintings and hand-built ceramic sculptures are handmade objects and may include surface variation, texture, visible brushwork, irregularity, kiln variation, or other characteristics inherent to the artist’s process and materials. Digital images, monitors, lighting, photography, and scale can affect the appearance of color and detail. Reasonable efforts are made to describe works accurately, but screen images are not exact substitutes for viewing the physical work.

Title and ownership.

Ownership of a physical artwork transfers only as stated in the applicable invoice, bill of sale, or written agreement and after cleared payment. Any certificate of authenticity or provenance documentation provided with a work forms part of the transaction record.

5. Commissions and Custom Projects

A commission or custom project requires a separate written agreement. That agreement may address the project concept, dimensions, materials, price, deposit, payment schedule, creative discretion, reference materials, progress reviews, revision limits, completion range, framing, shipping, installation, cancellation, licensing, and other project-specific terms.

Because original creative work is not manufactured to an exact mechanical formula, a commission will reflect the artist’s established practice, judgment, materials, and hand. Reference images, studies, mockups, color discussions, and progress images communicate direction but do not guarantee an exact duplicate of another work or a screen image.

We are not obligated to begin work, order materials, reserve studio time, or commit to a deadline until the applicable agreement is accepted and any required deposit has cleared.

6. Shipping, Delivery, Customs, and Damage Claims

Shipping, delivery, installation, packing, insurance, risk of loss, and related costs will be stated in the applicable invoice or written agreement. Those transaction-specific terms control:

• Delivery dates are estimates unless a written agreement expressly guarantees a date. Carrier delays, customs processing, weather, emergencies, and other events outside reasonable control may affect timing.
• An international buyer is responsible for import duties, customs charges, brokerage fees, local taxes, permits, restrictions, and other destination-country requirements unless the written agreement states otherwise.
• A recipient should inspect the package and artwork promptly upon delivery. Visible damage should be documented with photographs, and all packing materials should be retained while the carrier, insurer, and studio review the claim.
• A damage, loss, or delivery problem must be reported within the period stated by the carrier, insurer, invoice, or written agreement so that available remedies are not lost.

7. Cancellations, Returns, and Refunds

Original artwork and commissioned work are unique. Cancellation, return, exchange, and refund rights therefore depend on the nature of the transaction and will be stated in the applicable invoice or written agreement.

Deposits, material costs, completed labor, shipping expenses, payment-processing fees, and other committed costs may be nonrefundable when disclosed in the applicable agreement. Nothing in these Terms limits a right or remedy that cannot lawfully be limited or waived.

8. Intellectual Property and Permitted Use

The Site and its contents—including artwork images, photographs, text, writings, educational material, designs, graphics, videos, logos, branding, collection names, the presentation of Etherealism, and the selection and arrangement of content—are owned by or licensed to Art by Avianne and are protected by copyright, trademark, and other applicable laws.

We grant you a limited, revocable, nonexclusive, nontransferable right to access and view the Site for personal, informational, or legitimate professional-evaluation purposes. No other rights are granted by implication.

Without prior written permission, you may not:

• Copy, reproduce, publish, distribute, display, transmit, modify, adapt, translate, create derivative works from, sell, license, or commercially exploit Site content.
• Download artwork images in bulk, remove watermarks or rights information, or use images for prints, merchandise, products, advertising, promotion, fundraising, NFTs, tokenization, or digital resale.
• Scrape, crawl, harvest, archive, index, mirror, frame, or use automated systems to extract Site content except through ordinary search-engine activity that respects applicable instructions.
• Use Site content, artwork images, writings, or data to train, fine-tune, evaluate, develop, or supply an artificial-intelligence, machine-learning, image-generation, or similar system.
• Use the names, logos, branding, artwork, biography, quotations, or other content in a manner that falsely suggests sponsorship, endorsement, representation, affiliation, or authorization.

You may share an ordinary link to a public Site page, provided you do so accurately and do not misrepresent the source, context, ownership, or relationship.

Purchase of an artwork does not transfer copyright.

Unless a separate written license or copyright assignment expressly states otherwise, the artist retains all copyright and reproduction rights in the artwork. The owner of a lawfully purchased physical work may ordinarily possess and display that physical object, but may not reproduce its image or use it for merchandise, advertising, publishing, digital products, AI training, or other commercial exploitation without written permission.

9. Materials You Submit

You retain ownership of material you lawfully submit through an inquiry, such as a message, project description, photograph, floor plan, reference image, or institutional document. You grant us a limited permission to receive, store, review, copy internally, and use that material as reasonably necessary to respond to your inquiry, evaluate a project, prepare a proposal, perform an agreement, maintain records, or comply with law.

You represent that you have the right to submit the material and that our reasonable use of it for the requested purpose will not violate another person’s copyright, privacy, publicity, contract, confidentiality, or other rights. Do not submit unlawful, defamatory, threatening, obscene, malicious, deceptive, infringing, or malware-containing material.

Unless we sign a separate confidentiality or nondisclosure agreement, an unsolicited submission will not be treated as confidential. This provision does not permit us to claim ownership of your submitted material.

10. Acceptable Use and Professional Conduct

You agree not to use the Site or its communication channels to:

• Violate any applicable law, regulation, court order, sanction, export restriction, or third-party right.
• Attempt unauthorized access to the Site, its hosting environment, accounts, forms, data, or security systems.
• Introduce malware, interfere with operation, overwhelm the Site, probe vulnerabilities, or evade security measures.
• Impersonate another person or organization, provide materially false information, conceal fraud, or misrepresent authority.
• Harass, threaten, stalk, exploit, defame, discriminate unlawfully against, or abuse the artist, contractors, service providers, students, visitors, collectors, or other persons.
• Use the Site as an unauthorized promotional platform or claim that Art by Avianne endorses, represents, sponsors, employs, or partners with you.
• Engage in conduct intended to damage the Site, business, artwork, reputation, professional relationships, or rights through unlawful or deceptive means.

11. Education Information and Catalyst Arts Collaborative

The education page may describe classes taught by Avianne and may link to registration pages operated by Catalyst Arts Collaborative. Art by Avianne does not accept class registration or class payment through this Site.

• Catalyst Arts Collaborative independently handles registration, payment, scheduling, cancellations, refunds, participant records, accessibility or accommodation requests, host-facility rules, and other administrative matters through its own systems and policies.
• Class dates, times, prices, capacity, age recommendations, materials, projects, and instructor arrangements may change. The Catalyst registration page and direct communications from Catalyst control if information differs.
• Images of finished projects are examples. A student project will reflect the student’s own work, available materials, firing, glazing, time limits, and natural variation; an exact replica or a particular kiln result is not guaranteed.
• Any safety, conduct, recording, tool, material, studio, or pickup rules provided by the instructor or host facility must be followed.
• Art by Avianne and Avianne International LLC are not accredited academic institutions and do not grant academic degrees. A class or workshop does not create an employment, apprenticeship, agency, or professional-representation relationship.

12. Third-Party Websites and Services

The Site may link to Catalyst Arts Collaborative, Avianne International Gallery of Fine Art, Avianne International, social-media platforms, mapping services, payment processors, shipping providers, insurers, and other third parties. A link is provided for convenience or context and does not automatically constitute endorsement, control, partnership, or responsibility.

Third-party websites and services have their own terms, privacy policies, accessibility practices, security measures, fees, and operational decisions. Your use of them is governed by their rules, and we are not responsible for their content, availability, accuracy, conduct, or data practices.

13. Privacy

Our collection and use of personal information are described in the Privacy Policy. By using the Site, you acknowledge that website hosting, communications, analytics, payment, shipping, and other service providers may process information as described there.

14. Disclaimer of Warranties

To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis. We make reasonable efforts to maintain accurate and professional content, but we do not warrant that the Site will always be uninterrupted, error-free, secure, complete, current, or free of harmful components.

The Site’s artistic, philosophical, educational, biographical, testimonial, conservation, humanitarian, and other content is provided for general information and presentation. It is not legal, medical, financial, tax, conservation, investment, appraisal, authentication, or other regulated professional advice. Results, interpretations, experiences, and outcomes vary.

Additional disclaimers appear on the Site’s Disclaimers page and are incorporated into these Terms to the extent applicable and consistent with law.

15. Limitation of Liability

To the fullest extent permitted by law, Art by Avianne, Avianne International LLC, and their owners, employees, contractors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from your use of or inability to use the Site, including loss of data, opportunity, revenue, reputation, or business interruption, even if the possibility was known.

To the fullest extent permitted by law, our aggregate liability for a claim arising solely from use of the Site will not exceed the greater of one hundred U.S. dollars (US $100) or the amount you paid directly to us for the specific transaction giving rise to the claim during the twelve months before the event. Transaction-specific liability provisions in a signed agreement control for that transaction.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, personal injury caused by negligence where liability cannot lawfully be excluded, or any other liability or consumer right that applicable law does not permit us to exclude or limit.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Art by Avianne, Avianne International LLC, and their owners, employees, contractors, and service providers from third-party claims, losses, liabilities, damages, judgments, and reasonable costs arising from your unlawful misuse of the Site, your material violation of these Terms, or material you submit that infringes or violates another person’s rights. This provision does not require you to indemnify a party for that party’s own unlawful conduct.

17. Refusal, Suspension, and Termination

We may restrict access to the Site, block abusive communications, decline an inquiry, or end a proposed or existing business relationship for nonpayment, suspected fraud, infringement, harassment, threats, unlawful conduct, unsafe conduct, an infeasible project, a conflict of interest, a material breach, or another legitimate business or legal reason, consistent with applicable law and any controlling written agreement.

Provisions that by their nature should survive termination—including intellectual-property, payment, confidentiality, disclaimer, liability, indemnification, dispute, and general provisions—will survive.

18. Changes to These Terms

We may revise these Terms to reflect changes in the Site, our business practices, technology, or law. The updated Terms will be posted on this page with a new effective date. Changes apply prospectively from the posted effective date and do not retroactively rewrite a completed transaction or signed agreement unless the parties agree in writing or applicable law requires otherwise.

19. Governing Law and Disputes

These Terms and disputes arising from the Site are governed by the laws of the State of Idaho, without regard to conflict-of-law principles, except to the extent mandatory law in another jurisdiction applies.

Before filing a formal claim, the parties are encouraged to contact one another and make a good-faith effort to resolve the matter informally. Unless applicable law requires otherwise or a separate written agreement provides another forum, any judicial proceeding relating to these Terms or the Site must be brought in a state or federal court with jurisdiction in Ada County, Idaho, and each party consents to that court’s personal jurisdiction.

20. General Terms

• Entire agreement. These Terms, the Privacy Policy, and the Disclaimers form the general agreement governing use of the Site. A separate written agreement may add to or replace them for a specific transaction or relationship.
• Order of control. If documents conflict, a signed transaction-specific agreement controls for that transaction, followed by an accepted invoice or written order terms, then these Terms.
• Severability. If a provision is held unlawful or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect.
• No waiver. A failure or delay in enforcing a provision is not a waiver of that provision or any other right.
• Assignment. You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a lawful restructuring, merger, sale, or transfer of the business or relevant assets.
• No third-party beneficiaries. Except as expressly stated, these Terms do not create rights for a person who is not a party to them.
• Headings. Section headings are provided for convenience and do not change the meaning of the Terms.
• Electronic communications. You consent to receive transaction-related communications electronically when you contact us electronically or conduct a transaction through electronic methods.

21. Contact Us

Questions about these Terms and Conditions may be directed to:

Avianne International LLC

Doing business as Art by Avianne

Boise, Idaho, USA

Email: info@avianneinternational.com