TERMS & CONDITIONS
Last Updated: September 14, 2026
IMPORTANT: Section 29 contains an agreement to individual arbitration, a class-action waiver, and a jury-trial waiver to the fullest extent permitted by law. You may opt out of arbitration as explained in that section.
QUICK GUIDE: WHAT THESE TERMS MEAN
This Quick Guide gives you the short version of our main Terms & Conditions. The complete legal sections below govern your access and use.
- Scope: Covers Masha Schwartz Art (MSA) and affiliated programs, including Surreabstract Creatives (SC).
- Eligibility: You must be 18 or older to make purchases, subscribe, or join our affiliate program.
- Original Artwork & Authenticity: MSA guarantees authenticity for original works sold directly and provides a Certificate of Authenticity (COA).
- Copyright & Intellectual Property: Purchasing artwork transfers physical ownership only. Copyright, reproduction, commercial, NFT, and AI-training rights remain with the artist/MSA.
- Orders & Pricing: Prices and availability are subject to change prior to order acceptance. MSA reserves the right to correct errors or cancel orders for fraud or inventory issues.
- Shipping & Returns: Standard shipping and return rules apply. Custom, commissioned, and made-to-order works are final sale once production or creation begins.
- Surreabstract Creatives (SC) Platform: SC is an educational and community platform for artists. Membership does not guarantee sales, gallery representation, or podcast appearances. Paid memberships auto-renew monthly until cancelled.
- Affiliate Program: Affiliates earn 10% commission on eligible referral sales with a $100 payout threshold. Paid advertising without prior written approval is strictly prohibited.
- Disputes & Arbitration: Disputes require a 30-day informal resolution process before binding individual arbitration (includes a 30-day opt-out window and class-action waiver).
OVERVIEW
This website is operated by Masha Schwartz Art LLC, doing business as Masha Schwartz Art (“Masha Schwartz Art,” “MSA,” “we,” “us,” or “our”).
For purposes of these Terms, references to Masha Schwartz Art may also include, where applicable to the particular webpage, product, service, program, communication, or transaction, creative brands, trade names, projects, collections, programs, and other brands operated by, offered through, or identified as affiliated with Masha Schwartz Art, including Surreabstract Creatives (collectively, “Affiliated Brands”).
The inclusion of an Affiliated Brand in these Terms does not represent that every Affiliated Brand is a separate legal entity, subsidiary, partnership, or joint venture. Unless expressly stated otherwise in writing, the legal contracting party for products or Services sold directly by Masha Schwartz Art remains Masha Schwartz Art LLC.
The Site may also promote, recommend, link to, or otherwise feature products and services belonging to independent companies with which Masha Schwartz Art or an Affiliated Brand has an advertising, referral, sponsorship, ambassador, affiliate-marketing, commission, or other commercial relationship (“Third-Party Affiliate Brands”). Third-Party Affiliate Brands are independent third parties and are not included within the terms “Masha Schwartz Art,” “MSA,” “we,” “us,” “our,” or “Affiliated Brands” unless expressly stated otherwise.
These Terms & Conditions (“Terms”) govern your access to and use of mashaschwartzart.com, Surreabstract Creatives pages or properties that link to these Terms, and any related webpages, online stores, customer accounts, registration functions, checkout systems, forms, digital content, communications, affiliate programs, promotional programs, products, tools, features, or services that expressly link to or incorporate these Terms (collectively, the “Site” or “Services”).
These Terms apply to all users of the Site, including browsers, customers, purchasers, account holders, contributors of content, affiliates, referral partners, vendors, merchants, and persons acting on behalf of another individual or organization.
By accessing or using any portion of the Site, creating or registering an account, submitting information, clicking a checkbox or button indicating acceptance, participating in an affiliate or referral program, or purchasing or attempting to purchase a product or Service, you acknowledge that you have read, understand, and agree to be bound by these Terms and all policies incorporated into them by reference.
Those policies may include our Privacy Policy, Shipping Policy, Return and Refund Policy, product-specific terms, promotional terms, affiliate terms, installment-payment terms, Affiliated Brand terms, and any separate written purchase agreement applicable to an original artwork, commission, custom order, mural, consulting engagement, or other transaction. Our Privacy Policy also explains our use of cookies and similar technologies.
If a particular Affiliated Brand, product, program, or Service contains additional terms, those additional terms also apply to that transaction. If there is a conflict between these Terms and specific terms applicable to a particular product, Service, program, or transaction, the specific terms control with respect to that product, Service, program, or transaction.
If you do not agree to these Terms, you may not access or use the Site or Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new products, Services, functionality, features, tools, brands, programs, or resources that we add to the Site are also subject to these Terms unless we expressly state otherwise.
1. ELIGIBILITY & ACCOUNT REGISTRATION
You must be at least 18 years old and legally capable of entering into a binding contract to make a purchase, establish an account, enroll in an affiliate program, subscribe to a paid membership, or otherwise enter into a contractual relationship with Masha Schwartz Art or an applicable Affiliated Brand. Persons under 18 may browse the Site only with the involvement and supervision of a parent or legal guardian and may not independently make purchases or establish contractual relationships with us.
If you use the Site or enter into a transaction on behalf of a company, organization, trust, estate, or other legal entity, you represent and warrant that you have authority to bind that entity. In that circumstance, “you” includes that entity.
When registering an account or providing information to us, you agree to provide accurate, current, truthful, and complete information and to promptly update that information as necessary. You are responsible for maintaining the confidentiality of your login credentials, safeguarding access to your account, all activity occurring through your account to the extent permitted by law, ensuring that your email address, telephone number, billing information, shipping information, and other account information remain accurate, and promptly notifying us of suspected unauthorized access or use.
You may not create accounts using false identities or impersonate another person or organization. You may not create multiple accounts to evade purchasing limits, affiliate restrictions, promotional restrictions, account suspensions, fraud controls, or other Site rules.
We may request additional information or identity verification before permitting registration, accepting an order, processing a high-value transaction, issuing a refund, paying an affiliate commission, or restoring account access. We may suspend, restrict, or terminate an account if information supplied during registration or afterward is false, misleading, incomplete, fraudulent, materially outdated, or inconsistent with these Terms.
2. GENERAL CONDITIONS
We reserve the right to refuse Service, restrict access, reject an order, cancel an order, or terminate a relationship with any person for any lawful reason, subject to applicable law.
You may not use our products, Site, Services, Masha Schwartz Art content, Surreabstract Creatives content, or other Affiliated Brand content for any illegal or unauthorized purpose, nor may you violate any law applicable to you through your use of the Site or Services, including copyright, trademark, privacy, publicity, consumer-protection, sanctions, export-control, telecommunications, advertising, or other applicable laws.
You must not transmit worms, viruses, Trojan horses, ransomware, spyware, malware, malicious code, destructive code, or any technology designed or reasonably likely to damage, disrupt, disable, interfere with, compromise, or obtain unauthorized access to the Site, our systems, another system, or another person’s data.
You agree not to reproduce, duplicate, copy, sell, resell, license, sublicense, exploit, commercially use, or obtain unauthorized benefit from any portion of the Site or Services, your access to the Site or Services, or any contact information made available through the Site, except with our express prior written permission.
You understand that information you submit other than payment-card information may be transmitted through various networks and systems and may undergo technical changes necessary to conform to connecting networks or devices. Payment-card information is handled through payment processors and technology providers using the security measures applicable to those systems. No method of Internet transmission or electronic storage can be guaranteed to be completely secure.
A breach or violation of these Terms may result in immediate suspension or termination of your access or Services and may result in additional legal remedies. The headings contained in these Terms are for convenience only and do not limit, expand, modify, or otherwise affect the interpretation of these Terms.
3. ACCURACY OF INFORMATION
Information presented on the Site is provided for general informational and transactional purposes. Although we make reasonable efforts to provide accurate information, we do not warrant that every item of Site content will always be complete, accurate, current, error-free, or suitable as the sole basis for a decision.
You should not rely on general Site information as your sole source where more complete, accurate, current, or primary information is reasonably available. Any reliance on general Site information is at your own risk, subject to rights that cannot legally be waived.
Historical information is necessarily not current and is provided for reference only. We reserve the right to modify Site content at any time. Except where required by law or an existing contractual obligation, we have no general obligation to continuously update, amend, or clarify every item of Site information. No stated update, revision, refresh, publication, or modification date means that all information throughout the Site has been updated.
4. MODIFICATIONS TO THESE TERMS
Masha Schwartz Art reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on the Site or provide notice of the modification where required by law, and we will update the “Last Updated” date.
By continuing to access or use the Services after revised Terms have been posted or notice has been provided, you indicate that you agree to be bound by the modified Terms to the extent permitted by law. If the modified Terms are not acceptable to you, your only recourse is to cease using the affected Services.
Changes generally apply prospectively and will not retroactively alter an already accepted order or signed agreement unless permitted by the applicable agreement or law.
5. MODIFICATIONS TO THE SERVICES
We reserve the right to change the URL, modify or discontinue, and restrict or block access to the Site or Services without notice where permitted by law. We may modify, replace, or remove artwork, products, content, programs, features, tools, or other materials from the Site or Services at any time.
We may correct typographical errors, inaccuracies, or omissions and may change or update information if information on the Site is inaccurate. We undertake no obligation to update, amend, or clarify information on the Site except as required by applicable law.
Prices for products and Services are subject to change before an order is accepted. A change in price will not retroactively change the purchase price of an order that we have already accepted unless the parties agree otherwise or correction is permitted because of a genuine pricing or listing error.
6. ARTWORK, PRODUCTS, AND SERVICES
Products and Services offered through Masha Schwartz Art or an Affiliated Brand may include original artwork, paintings and other one-of-a-kind works, limited-edition prints, open-edition prints, reproductions, print-on-demand products, books and publications, commissioned or custom artwork, murals, framing or related products, art consulting and advisory services, art curation services, artist resources, educational or creative materials, affiliate or referral products, promotional products, and other art, creative, educational, or related goods or Services.
Certain products and Services may be available exclusively online. Products may have limited quantities and may be available for return or exchange only in accordance with the applicable Return and Refund Policy, product listing, checkout disclosure, or separate purchase agreement.
We reserve the right, but are not obligated, to limit sales to any person, household, account, geographic region, or jurisdiction; limit quantities; discontinue a product or Service; withdraw an offer; reject or cancel orders; limit or prohibit purchases that appear to be placed by unauthorized dealers, resellers, distributors, or commercial intermediaries; and refuse transactions that present fraud, sanctions, payment, fulfillment, legal, or security concerns.
Any offer made through the Site is void where prohibited.
7. ORIGINAL ARTWORK AND ART-SPECIFIC REPRESENTATIONS
7.1 Original Works
An artwork identified in writing as an “original” or “original artwork” is represented as an original work according to the description supplied with the artwork and applicable law.
Unless a listing expressly states otherwise, an original work is one of a kind.
Placing an original artwork in a shopping cart does not reserve that artwork.
An original remains available for sale until an order has been accepted and payment arrangements have been approved.
Because original artwork may occasionally be offered through multiple authorized sales channels, an artwork may become unavailable before inventory systems synchronize. If that occurs, we may cancel the affected order and refund amounts paid for the unavailable item.
7.2 Authorship and Authenticity
Where an artwork is expressly identified in writing as being created by a named artist, that identification will have the meaning required under applicable law.
Nothing in these Terms is intended to disclaim an express warranty of authorship or authenticity that applicable law prohibits us from disclaiming.
Statements concerning authorship, authenticity, attribution, provenance, medium, dimensions, edition information, and condition are based on information reasonably available to us at the time of sale.
7.3 Provenance
Only provenance expressly identified in the product listing, certificate of authenticity, invoice, or signed purchase agreement forms part of the transaction.
Absence of additional provenance documentation does not imply that additional provenance exists.
Statements concerning exhibition history, publication history, awards, prior ownership, artistic significance, or provenance are limited to information reasonably known or documented at the time the statement is made.
7.4 Medium, Materials, and Technique
Product listings may identify materials, media, surfaces, finishes, framing, techniques, or other characteristics of an artwork.
Natural materials, handmade processes, mixed-media techniques, aging, texture, brushwork, surface variation, dimensional variation, and characteristics inherent to an artistic process are not automatically defects.
7.5 Dimensions
Dimensions are provided as accurately as reasonably practicable.
Minor measurement variation may occur, particularly with handmade products, textiles, irregular works, framing, matting, stretching, or print production.
A product image or room mockup may not depict exact scale.
Unless expressly stated, visualization tools, digital room previews, staged photographs, and mockups are illustrative only.
7.6 Color and Appearance
We make reasonable efforts to display artwork and product colors accurately.
However, photographs, lighting, display settings, screen calibration, printing methods, substrate, paper, canvas, coatings, materials, and ambient conditions can affect appearance.
We cannot guarantee that the color displayed on your device will exactly match the physical artwork or product.
Ordinary screen-to-product color variation is not, by itself, a defect.
7.7 Condition
Where condition information is supplied, it reflects our reasonable description of the work at the time of listing or inspection.
A separate condition report, high-resolution photographs, or pre-shipment documentation may be provided for certain original artworks.
Once a purchaser materially alters, restores, reframes, cleans, mounts, repairs, modifies, exposes to damaging environmental conditions, or otherwise changes the work, claims relating to its prior condition may be limited to the extent permitted by law.
7.8 Limited Editions and Open Editions
If a work is represented as a limited edition, the edition information stated in the listing or certificate controls.
If a reproduction is described as an open edition, no numerical production limit is represented unless expressly stated otherwise.
Artist proofs, printer proofs, variants, differently sized editions, differently produced editions, or other categories will be treated according to the written description supplied with the work and applicable law.
7.9 Certificate of Authenticity
When expressly stated in a listing or purchase agreement, an original artwork may include a Certificate of Authenticity (“COA”).
A COA may identify information such as the artwork title, artist, medium, dimensions, creation date or year, edition information where applicable, identifying number, and signature or other authentication information.
A COA documents the identity and authenticity information stated on it. It is not a guarantee of future value, resale value, appreciation, market demand, investment performance, liquidity, or marketability.
7.10 No Investment Representation
Artwork is sold for ownership, collection, display, enjoyment, or other lawful use.
Unless expressly stated in a separate legally compliant written agreement, Masha Schwartz Art and its Affiliated Brands do not represent or guarantee that any artwork will appreciate in value, maintain a particular resale value, be resold within any particular period, constitute an investment, produce a financial return, or become more collectible or commercially valuable.
Statements concerning artistic significance, market interest, awards, recognition, scarcity, popularity, or historical sales are not guarantees of future financial performance.
8. CUSTOM ARTWORK, COMMISSIONS, AND MURALS
Custom artwork, commissioned artwork, murals, custom sizes, and other made-to-order Services may require an agreed scope of work, deposit, payment schedule, specifications, approvals, production period, installation arrangements, or other project terms.
Once production, creation, fabrication, or other substantial work has begun, custom, commissioned, mural, and made-to-order purchases are final sale except where otherwise required by applicable law or expressly agreed in writing by MSA.
Changes requested after approval may result in additional fees, revised timelines, or other charges.
Unless expressly agreed in writing, the purchase of a commissioned, custom, or mural artwork does not transfer copyright or reproduction rights.
For murals and installation services, the customer is responsible for providing accurate information regarding the property, installation location, access, permissions, measurements, surface condition, and restrictions that may affect the work. Unless expressly included in the written agreement, permits, structural repairs, surface preparation, electrical work, lifts, scaffolding, travel, lodging, or other third-party costs are not included in the artwork price.
9. ART CONSULTING, ADVISORY, AND CURATION SERVICES
MSA may provide art consulting, art advisory, curation, collection development, creative direction, artwork recommendations, custom artwork coordination, and related Services.
Unless expressly stated in a written agreement, these Services do not guarantee that a particular artwork will increase in value, that an artist will receive gallery representation, that an artwork will sell, or that a particular financial or investment outcome will occur.
Recommendations are based on the information, objectives, preferences, and circumstances provided to MSA. Additional terms, fees, deliverables, timelines, and cancellation provisions may apply to individual consulting, advisory, or curation engagements.
10. PURCHASING, ORDERS, PRICING, TAXES, AND PAYMENT
We reserve the right to refuse, hold, limit, or cancel any order. We may limit or cancel quantities purchased per person, household, account, payment card, billing address, shipping address, telephone number, email address, or through accounts or transactions that reasonably appear connected.
An automated order confirmation or acknowledgment confirms that we received your order. It does not necessarily constitute final acceptance of the transaction.
Before accepting or fulfilling an order, we may verify identity, payment authorization, billing information, shipping information, address, telephone number, email address, transaction history, availability, fraud indicators, sanctions status, resale concerns, payment risk, or other information reasonably related to the transaction.
Prices are displayed in the currency identified on the Site. Applicable taxes, shipping, insurance, duties, customs charges, brokerage fees, handling charges, or similar costs may be added where applicable.
You authorize us and our authorized payment processors to charge the payment method selected at checkout for amounts disclosed before you submit the order. You represent and warrant that you are legally authorized to use the payment method supplied.
We may correct genuine typographical, calculation, pricing, discount, promotion, product-description, inventory, or technical errors. If an error materially increases the amount payable after you submit an order but before fulfillment, we may request your approval of the corrected amount. If you decline, we may cancel the affected portion of the order and refund amounts paid for that portion.
We are not required to fulfill an order at a price that is clearly the result of an obvious or material pricing, system, or listing error where applicable law permits correction.
11. AFFIRM AND OTHER INSTALLMENT PAYMENT OPTIONS
MSA may make installment or payment-over-time options available through Affirm or another authorized payment provider.
The exact installment or financing terms presented at checkout control the applicable payment arrangement. Your use of Affirm or another third-party financing provider is also subject to that provider’s applicable terms, disclosures, eligibility requirements, fees, interest, and approval decisions.
MSA does not control a financing provider’s approval decisions, account terms, fees, interest rates, or other financing arrangements.
If you select a financing option, your financing agreement is between you and the applicable financing provider. If a separate financing agreement, payment authorization, electronic-consent disclosure, or other checkout agreement applies, that agreement controls in the event of a conflict concerning financing mechanics.
Displaying an installment estimate does not guarantee eligibility or successful authorization. Returns, cancellations, credits, and refunds remain governed by our applicable policies and the payment arrangement accepted at checkout.
12. SUBSCRIPTIONS AND AUTOMATIC RENEWAL
If Masha Schwartz Art or an Affiliated Brand offers a subscription, recurring membership, automatically renewing Service, or other recurring-payment program, the specific terms presented when you enroll form part of your agreement.
Paid Surreabstract Creatives memberships automatically renew monthly until cancelled, unless different terms are expressly stated at enrollment.
Where applicable, we will disclose the recurring nature of the transaction, amount or method of calculating recurring charges, billing frequency, renewal period, cancellation procedure, and other disclosures required by law.
Cancellation affects future renewals unless applicable program terms or law provide otherwise. Cancellation does not necessarily create a refund for a current membership period unless expressly stated or required by law.
13. SHIPPING, DELIVERY, AND INSPECTION
Production time and shipping time are separate. Delivery dates are estimates unless expressly guaranteed in writing.
Delays may result from production, framing, suppliers, carriers, customs, weather, natural disasters, transportation interruptions, address problems, recipient availability, security review, fraud screening, customs inspection, force majeure events, or other circumstances outside our reasonable control.
You are responsible for supplying a complete and accurate shipping address and, where required, ensuring that an authorized person can receive, inspect, and sign for a shipment.
High-value artwork may require insured shipping, specialty art transportation, signature confirmation, adult signature, identity verification, coordinated delivery, custom crating, or other protective measures.
You should inspect all shipments promptly after delivery. When damage to external packaging is visible, photograph the package before opening when reasonably possible. Retain packaging, boxes, crates, labels, packing material, photographs, and the artwork or product while any carrier, insurer, return, or damage claim is pending.
Promptly report shipping damage, missing items, incorrect items, manufacturing defects, or material discrepancies in accordance with the applicable policy. Nothing in this section eliminates any right that cannot legally be waived.
14. RETURNS, REFUNDS, AND CANCELLATIONS
Our Return and Refund Policy is incorporated into these Terms. Product-specific terms displayed before purchase also apply.
Products that may have restricted or no return rights when clearly disclosed and legally permitted include original artwork, commissioned artwork, customized products, personalized products, made-to-order products, limited-production products, digital products, and products expressly identified as final sale.
Made-to-order products may enter production shortly after an order is accepted and may no longer be cancellable once production begins. Commissioned artwork, murals, and custom orders may be governed by separate written terms.
A change of mind, incorrect customer-selected size, failure to measure a space, ordinary screen-to-product color variation, or a characteristic accurately disclosed in the product description does not automatically make a product defective.
Approved refunds are generally issued to the original payment method unless otherwise required by law or agreed in writing. Shipping, insurance, customs charges, brokerage charges, payment-provider costs, and return shipping are refundable only as stated in the applicable policy or where required by law.
15. PAYMENT DISPUTES AND CHARGEBACKS
If you believe an order is unauthorized, defective, not delivered, incorrectly billed, or otherwise disputed, contact us promptly so that we can investigate and attempt to resolve the issue. Nothing in these Terms waives a lawful credit-card, banking, installment-payment, or consumer dispute right.
Knowingly filing a false chargeback, falsely claiming nonreceipt, falsely claiming a product was unauthorized, misrepresenting product condition, retaining merchandise after receiving a refund when return is required, submitting altered evidence, filing duplicative refund and chargeback claims, or otherwise using a payment dispute deceptively may constitute fraud or breach of these Terms.
Where legally permitted, we may provide payment processors, card networks, banks, insurers, carriers, installment providers, or other dispute decision-makers with relevant transaction, order, checkout, communication, shipping, delivery, product, and return records reasonably relevant to the dispute.
16. AFFILIATED BRANDS AND SURREABSTRACT CREATIVES
Surreabstract Creatives is included within these Terms as an Affiliated Brand wherever a Surreabstract Creatives webpage, product, Service, communication, program, registration process, or transaction links to or expressly incorporates these Terms.
Unless expressly stated otherwise, use of an Affiliated Brand name does not create a separate contractual party, partnership, franchise, agency relationship, joint venture, fiduciary relationship, or separate warranty.
Products, content, intellectual property, digital assets, educational materials, creative resources, artwork, publications, promotions, or Services branded under Surreabstract Creatives or another Affiliated Brand remain subject to these Terms and any additional terms specifically applicable to that Brand or offering.
Surreabstract Creatives is an educational and community platform for artists. Participation does not guarantee artwork sales, gallery representation, employment, funding, investment, media exposure, podcast appearances, or any other specific result.
Artists participating in SC who submit artwork, images, profiles, or other content represent and warrant that they own or control the rights necessary to submit that material. An artist may not submit, sell, represent, or promote artwork as their own if it was created by another artist unless the artist has the legal rights and authorization to do so.
17. PRINT-ON-DEMAND, REPRODUCTIONS, BOOKS, AND THIRD-PARTY FULFILLMENT
Certain prints, merchandise, books, or other products may be produced, printed, distributed, sold, or fulfilled by third-party providers. Such providers may include printing companies, fulfillment partners, shipping providers, publishing platforms, payment providers, retailers, or marketplaces.
Production methods, substrates, finishes, paper, inks, canvas, framing materials, and other manufacturing characteristics may vary within commercially reasonable tolerances.
Where a purchase is completed directly through a third-party marketplace or retailer, that third party’s checkout, payment, shipping, refund, and marketplace terms may also govern the transaction with that third party.
18. THIRD-PARTY TOOLS, AFFILIATE BRANDS, LINKS, PRODUCTS, AND SERVICES
We may provide access to third-party tools, integrations, software, applications, embedded content, payment systems, visualization tools, social networks, analytics services, fulfillment providers, or other resources over which we may have limited or no control. Except where expressly stated otherwise, such third-party tools are provided “AS IS” and “AS AVAILABLE” under the third party’s applicable terms.
The Site may promote, recommend, link to, or otherwise feature products and Services belonging to Third-Party Affiliate Brands. We may receive commissions, referral fees, advertising compensation, sponsorship payments, free or discounted products, promotional consideration, revenue shares, or other compensation when users view, click, register for, or purchase through qualifying links or promotions.
Where required by law, material commercial relationships will be disclosed clearly and conspicuously near the applicable recommendation, endorsement, or affiliate link.
Third-Party Affiliate Brands are independent third parties. Unless expressly stated otherwise, Masha Schwartz Art and its Affiliated Brands are not the seller, lender, manufacturer, insurer, Service provider, employer, agent, or contracting party for products or Services sold directly by a Third-Party Affiliate Brand.
Your transaction with a Third-Party Affiliate Brand is governed by that third party’s terms and policies. MSA does not control that third party’s prices, eligibility, product specifications, warranties, subscriptions, payment terms, financing, fulfillment, shipping, refunds, privacy practices, security, customer service, or contractual terms.
19. USER CONTENT, REVIEWS, AND SUBMISSIONS
If you submit comments, reviews, photographs, testimonials, suggestions, creative ideas, proposals, plans, contest entries, feedback, or other content (“User Content”), you represent and warrant that you own the content or have all rights necessary to submit it; it is truthful where presented as factual; reviews and testimonials reflect genuine experience; it does not violate copyright, trademark, privacy, publicity, contractual, confidentiality, or other rights; it is not unlawful, defamatory, libelous, threatening, fraudulent, obscene, abusive, or malicious; and it does not contain malware or destructive code.
You remain responsible for User Content you submit. Except where otherwise agreed in writing, we have no obligation to maintain unsolicited submissions in confidence, compensate you for unsolicited submissions, or respond to unsolicited submissions.
To the extent legally permitted, you grant Masha Schwartz Art and the applicable Affiliated Brands a nonexclusive, worldwide, royalty-free, sublicensable license to host, copy, edit, format, reproduce, publish, display, distribute, translate, and otherwise use User Content for operating, improving, marketing, documenting, or promoting Masha Schwartz Art, its Affiliated Brands, products, or Services. This license does not transfer your underlying ownership of User Content.
Reviews and testimonials must reflect genuine experiences. You may not submit or procure fake reviews, fictitious testimonials, AI-generated reviews presented as genuine customer experience, reviews from people who did not have the represented experience, deceptive endorsements, or materially false representations concerning MSA, Surreabstract Creatives, another Affiliated Brand, or their products or Services.
20. AFFILIATE AND REFERRAL PROGRAM
Approved affiliates may receive unique referral links, tracking identifiers, promotional materials, or other approved resources. Unless a separate written Affiliate Agreement states otherwise, these Terms apply.
The standard affiliate commission is 10% of eligible referral sales, subject to the applicable program rules. Unless otherwise stated, commissions are not calculated on sales tax, VAT, shipping, handling, insurance, customs, duties, brokerage, refunds, returns, cancellations, fraudulent transactions, chargebacks, or excluded products.
A commission is earned only when a valid tracked referral results in a completed, paid, eligible, nonrefunded transaction during the applicable attribution period. Commissions remain pending until payment clears, applicable fraud checks are completed, and the applicable return or dispute period has expired.
Unless a separate affiliate agreement or dashboard states otherwise, eligible balances of at least $100 may be paid according to the applicable affiliate payout schedule.
Affiliates may not self-refer unless expressly authorized; make false or misleading claims; misrepresent prices, discounts, availability, authenticity, investment value, or product characteristics; use spam; use unlawful email or text marketing; impersonate MSA or an Affiliated Brand; represent themselves as employees or agents; create unauthorized coupon or discount codes; manipulate tracking or attribution; make warranties on our behalf; or violate applicable law.
Paid advertising is prohibited without MSA’s prior written approval.
Affiliates must clearly and conspicuously disclose their financial relationship where required by law. Affiliates are independent contractors and have no authority to bind MSA or an Affiliated Brand.
21. EMAIL COMMUNICATIONS
Providing an email address for an order, account, support request, delivery, installment plan, affiliate account, Affiliated Brand registration, or other transaction authorizes us to send communications reasonably necessary to administer that interaction.
Commercial marketing emails will be sent in accordance with applicable law and will provide an applicable unsubscribe mechanism. Opting out of marketing email does not prevent us from sending essential transactional, account, security, legal, order, payment, shipping, or customer-service communications.
22. SMS, CALLS, AND MOBILE COMMUNICATIONS
Marketing text messages, automated calls, prerecorded calls, artificial-voice communications, or similar communications will be sent only where the legally required consent has been obtained.
Consent to receive marketing text messages or automated marketing calls is not a condition of purchase. Message frequency may vary. Message and data rates may apply.
Where SMS marketing is offered, you may generally reply STOP to request that marketing texts stop and HELP for assistance. You may also revoke consent through another reasonable method recognized by applicable law.
You represent that you are the subscriber or customary authorized user of any mobile number you provide and agree to notify us if you relinquish or change that number.
Acceptance of these general Terms, placing an order, or merely providing a telephone number does not by itself constitute blanket consent to receive automated marketing calls or texts where separate consent is legally required.
23. PRIVACY AND PERSONAL INFORMATION
Our Privacy Policy governs collection, use, processing, disclosure, retention, and protection of personal information.
Our Privacy Policy also explains our use of cookies and similar technologies and the choices available to you regarding those technologies.
Where applicable law requires consent before nonessential cookies or technologies are activated, we will provide the applicable consent mechanism.
Privacy rights that cannot legally be waived are not waived by these Terms.
24. PROHIBITED USES, SCRAPING, AND AI DATA RESTRICTIONS
In addition to other restrictions in these Terms, you may not use the Site, Masha Schwartz Art content, Surreabstract Creatives content, Affiliated Brand content, or Services for unlawful conduct, infringement, fraud, harassment, abusive conduct, false information, malware, unauthorized data collection, spam, phishing, scraping, security circumvention, impersonation, review manipulation, affiliate manipulation, unauthorized resale, or other unlawful or unauthorized purposes.
Except with our prior written permission, you may not scrape, crawl, systematically download, harvest, index for commercial reuse, create datasets from, use automated extraction tools against, reproduce at scale, or commercially aggregate artwork images, photographs, product information, text, artist content, Surreabstract Creatives materials, Affiliated Brand content, designs, or other protected Site content.
You may not use Site content, artwork, artwork images, photographs, creative materials, or other MSA or Affiliated Brand intellectual property to train, fine-tune, test, benchmark, develop, validate, or improve an artificial-intelligence, machine-learning, generative, computer-vision, image-generation, or similar model without express prior written authorization.
No license for AI training, model development, dataset creation, or synthetic reproduction is granted by implication.
25. INTELLECTUAL PROPERTY
Unless otherwise stated, the Site and its content, including artwork, artwork photographs, product images, videos, text, descriptions, designs, graphics, logos, brand names, trade names, trademarks, Surreabstract Creatives materials, Affiliated Brand materials, downloads, page layouts, compilations, and original creative materials are owned by or licensed to Masha Schwartz Art, an applicable Affiliated Brand, artist, licensor, or other identified rights holder and are protected by United States and international intellectual-property laws.
Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for lawful personal use. Except where expressly authorized, you may not copy, reproduce, republish, modify, distribute, sell, resell, sublicense, publicly display, commercially exploit, frame, mirror, download in bulk, create derivative commercial works from, or otherwise exploit protected Site or Affiliated Brand content.
No right or license is granted by implication, estoppel, or otherwise except those expressly stated in these Terms.
Artwork Copyright
Purchasing an original artwork, print, book, merchandise item, or other physical product transfers only ownership rights in the physical object that applicable law and the transaction documents provide.
Purchase of a physical artwork does not transfer copyright or other intellectual-property rights unless a separate written instrument expressly states otherwise.
Except as expressly authorized in writing, purchasing an artwork does not give the purchaser the right to reproduce it, create prints or copies, manufacture merchandise from it, license its image, commercially photograph or exploit it, publish it commercially, use it in advertising, create commercial derivative works, mint or tokenize it as an NFT or similar blockchain-based asset, use it to create another commercial digital asset, train an artificial-intelligence system on it, authorize third-party reproductions, or otherwise commercially exploit the artwork or its image.
A lawful owner of a physical work may privately display and resell the physical object subject to applicable law, but resale of the object does not transfer retained copyright or other intellectual-property rights.
26. COPYRIGHT COMPLAINTS
If you believe material available through the Site infringes your copyright, you may submit a written notice through our Contact page containing sufficient information to identify the copyrighted work, allegedly infringing material, location of that material, your contact information, required good-faith and authority statements, and your physical or electronic signature.
Where applicable, formal notices under the Digital Millennium Copyright Act must satisfy applicable statutory requirements.
We may remove or restrict access to disputed content and may terminate repeat infringers where appropriate.
27. INTERNATIONAL PURCHASES, EXPORTS, CUSTOMS, AND LEGAL COMPLIANCE
If you purchase from outside the United States or request international delivery, you are responsible for determining whether the product can lawfully be imported into the destination country.
Unless checkout expressly states otherwise, the purchaser is responsible for destination-country duties, VAT, sales or use taxes, brokerage fees, customs charges, import fees, and similar governmental charges.
You may not use the Site or engage in a transaction in violation of United States export controls, sanctions, embargoes, or other applicable trade restrictions.
Masha Schwartz Art may refuse, delay, block, or cancel a transaction where necessary to comply with applicable law or reasonably prevent fraud, sanctions violations, payment abuse, or other unlawful activity.
28. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
Except for express warranties that we specifically provide in writing or warranties that cannot legally be disclaimed, Masha Schwartz Art and the applicable Affiliated Brands disclaim express or implied warranties or conditions, including merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that access to the Site will always be uninterrupted, timely, secure, or error-free; that results obtained from use of the Site or Services will always be accurate or reliable; that every error will be corrected; that every product or Service will meet every subjective expectation; that third-party Services will remain available; that product images will appear identical on every display; or that artwork will appreciate or perform as an investment.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASHA SCHWARTZ ART, ITS AFFILIATED BRANDS, OWNERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, including lost profits, lost revenue, lost savings, loss of business opportunity, loss of data, loss of goodwill, replacement costs, or similar consequential loss, whether asserted under contract, tort, negligence, strict liability, statute, or another theory, even if the possibility of such damages was known.
To the fullest extent permitted by law, our aggregate liability arising from a particular product or order will not exceed the amount actually paid to Masha Schwartz Art for the product or order that directly gave rise to the claim. For a claim arising solely from use of the Site and unrelated to a purchase, our aggregate liability will not exceed $100 to the extent such a limit is legally enforceable.
Third-Party Affiliate Brands are independent parties. Masha Schwartz Art and its Affiliated Brands are not responsible for the independent liabilities, debts, contractual obligations, product defects, financing decisions, business practices, privacy violations, security incidents, or other acts or omissions of a Third-Party Affiliate Brand except to the extent liability cannot legally be disclaimed.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Masha Schwartz Art, its Affiliated Brands, and their respective owners, members, officers, directors, managers, employees, agents, contractors, licensors, service providers, suppliers, successors, and assigns from third-party claims, demands, liabilities, damages, judgments, penalties, losses, costs, and reasonable attorneys’ fees arising from or relating to your breach of these Terms or incorporated policies, unlawful use of the Site or Services, User Content, affiliate or promotional activities, fraud or deceptive conduct, violation of another person’s rights, infringement of intellectual-property or other rights, misuse of an Affiliated Brand, or violation of applicable law.
Nothing in this section excludes liability that legally cannot be excluded or limited.
29. GOVERNING LAW, INFORMAL DISPUTE RESOLUTION, AND BINDING ARBITRATION
These Terms and transactions governed by them are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where federal law or another nonwaivable law controls.
Before commencing arbitration or litigation, the complaining party must, to the extent legally permissible, provide written notice describing the complaining party, the transaction involved, the facts giving rise to the dispute, the legal or contractual basis of the claim if known, and the relief requested. The parties will make a good-faith effort to resolve the matter for at least 30 days after receipt of a sufficiently detailed dispute notice before initiating arbitration or other proceedings, except where immediate injunctive relief or another legal deadline makes delay legally inappropriate.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
To the fullest extent permitted by applicable law, you and Masha Schwartz Art agree that disputes arising out of or relating to these Terms, the Site, your account, a purchase, a product, an Affiliated Brand, an affiliate relationship, communications, payment, delivery, User Content, or the parties’ relationship will be resolved through final and binding individual arbitration rather than a lawsuit in court, except for the exclusions described below.
This agreement to arbitrate involves interstate commerce and is governed by the Federal Arbitration Act to the extent applicable. Unless the parties agree otherwise, United States consumer arbitration will be administered by the American Arbitration Association (“AAA”) under applicable consumer arbitration rules. The arbitrator may award any individual remedy that a court could award where permitted by law.
Either party may bring an eligible individual claim in small-claims court. Either party may also seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction concerning actual or threatened copyright infringement, trademark infringement, misuse of Masha Schwartz Art or Affiliated Brand intellectual property, unauthorized reproduction, data theft, hacking, security compromise, misappropriation of confidential information, or conduct requiring immediate equitable relief.
Right to Opt Out of Arbitration
YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE. You may opt out by providing written notice to Masha Schwartz Art within 30 days after your first affirmative acceptance of these Terms following the effective date of this arbitration provision.
Your notice must state that you are opting out of arbitration, identify your full name and the email address associated with your order or account, and be submitted through the Contact page with “ARBITRATION OPT-OUT” clearly identified in the subject or first line.
An effective opt-out applies only to the arbitration provision. The remaining Terms remain in effect.
Class-Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MASHA SCHWARTZ ART AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.
Neither party will bring or participate in a claim as a plaintiff, claimant, or class member in a purported class action, collective action, consolidated action, mass arbitration designed to circumvent individual proceedings, or representative proceeding except where waiver of a particular statutory representative remedy is prohibited by law.
The arbitrator may grant relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.
Jury-Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MASHA SCHWARTZ ART KNOWINGLY WAIVE THE RIGHT TO HAVE A DISPUTE DECIDED BY A JURY.
For any dispute not subject to arbitration and properly heard in court, the parties agree to trial before a judge rather than a jury to the fullest extent such a waiver is legally enforceable.
Unless applicable law requires otherwise, any court proceeding not subject to arbitration will be brought in a state or federal court having jurisdiction in or over Polk County, Florida, and each party consents to such jurisdiction and venue. Consumers retain any forum or venue rights that applicable law does not permit these Terms to waive.
30. ELECTRONIC COMMUNICATIONS, RECORDS, AND SIGNATURES
By interacting with the Site electronically, you consent to conducting eligible transactions electronically.
Electronic records, notices, agreements, acknowledgments, checkboxes, acceptance buttons, signatures, order confirmations, disclosures, registration records, and transaction records may have the same legal effect as paper versions to the extent permitted by applicable law.
Where required, electronic records will be provided in a form capable of being retained. You may save or print copies of these Terms and transaction documents for your records.
31. FORCE MAJEURE
To the fullest extent permitted by law, Masha Schwartz Art and its Affiliated Brands are not liable for delay or failure to perform caused by circumstances beyond reasonable control, including hurricane, flood, fire, earthquake, severe weather, natural disaster, war, terrorism, civil unrest, labor disruption, epidemic, pandemic, government action, sanctions, embargo, customs action, transportation interruption, carrier failure, utility failure, Internet outage, cyberattack, supplier failure, fulfillment-provider failure, material shortage, manufacturing interruption, payment-network interruption, banking interruption, government emergency, or similar events.
Where performance is delayed by such an event, obligations may be suspended for the duration reasonably necessary to address the event. This provision does not eliminate refunds or other remedies that applicable law does not permit us to waive.
32. SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, the provision will be limited, modified, or severed only to the minimum extent necessary.
The remaining Terms will continue in full force and effect. Where legally permissible, a provision will be interpreted to achieve as closely as possible the lawful commercial purpose of the original provision rather than invalidating the entire section.
33. WAIVER
Failure by Masha Schwartz Art or an applicable Affiliated Brand to exercise or enforce a right, remedy, or provision does not constitute a waiver of that right, remedy, or provision.
A waiver concerning one event does not constitute a continuing waiver or a waiver concerning another event unless expressly stated in writing.
34. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any unauthorized attempted assignment may be void to the extent permitted by law.
Masha Schwartz Art may assign or transfer these Terms or rights and obligations arising under them in connection with a merger, restructuring, financing, asset transfer, acquisition, sale of the business, sale of substantially all relevant assets, corporate reorganization, transfer of an Affiliated Brand, or transfer to an affiliate or successor, subject to applicable law.
35. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE
These Terms and all documents incorporated by reference constitute the agreement applicable to your use of the Site and the applicable transaction.
They supersede prior or contemporaneous oral or written understandings concerning the same subject matter, except for a later or transaction-specific written agreement that expressly controls.
If applicable documents conflict, the following order of precedence will generally apply: (1) a separately signed purchase, commission, installment, licensing, affiliate, or other transaction-specific agreement; (2) Affiliated Brand or product-specific terms expressly accepted for the transaction; (3) product-specific terms expressly accepted at checkout; (4) these Terms; and (5) incorporated general Site policies, unless a document expressly provides a different priority or applicable law requires another result.
36. NONWAIVABLE RIGHTS
Nothing in these Terms is intended to waive or restrict a consumer, privacy, warranty, payment, telecommunications, electronic-transaction, art-purchaser, or other statutory right that applicable law prohibits the parties from waiving.
Where a provision conflicts with a mandatory applicable law, the mandatory law controls only to the extent necessary, and the remainder of these Terms continues in effect.
37. CONTACT INFORMATION
Questions, complaints, copyright notices, dispute notices, arbitration opt-outs, legal notices, and other communications concerning these Terms may be submitted through our Contact page.
Masha Schwartz Art LLC
Doing business as Masha Schwartz Art
Including applicable offerings under Affiliated Brands as described in these Terms
Mulberry, Florida
United States