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Terms of Service

Terms of Service

OVERVIEW

This website is operated by theRise, Inc. on behalf of artist Ellen de Meijer, dba Paintbizz. Throughout the site, the terms “we”, “us” and “our” refer to theRise, Inc., Ellen de Meijer, dba Paintbizz. Ellen de Meijer, dba Paintbizz offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this 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).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

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 at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit [LINK TO RETURN POLICY].

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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. We may exercise this right on a case-by-case basis. We reserve the right 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, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate 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.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and Services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) 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 or violates any party’s intellectual property or these Terms of Service.

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. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see [LINK TO PRIVACY POLICY].

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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, provincial, or state regulations, rules, laws, or local 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 based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (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 or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any 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.

In no case shall Ellen de Meijer, dba Paintbizz, 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ellen de Meijer, dba Paintbizz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

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

High Profile

Details

  • Year: 2022
  • Dimensions: 75 x 51 inch / 200 x 140 cm
  • Medium: oil on canvas

About. Status.

This work is about pride and independence.

What we see. We see a successful business woman, wearing a medal and pearl necklace. The dog and woman form a unity and share similarities. In shape, color and personality. 

She’s wearing a corset. Though not firmly tied together, the woman gently holds its lace to signify a sense of control and sensuality. 

The dog is a Dogo Argentino; loving but a street fighter. The position of the dog, in front of the woman, symbolizes the protective nature of the breed. 

Ellen says “I wanted the dog and its owner to almost transcend in each other.”

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'X'

Details

  • Year: 2024
  • Dimensions: 39 x 55 inch / 100 x 140cm
  • Medium: oil on canvas

About. Competition and Resistance

What we see.  This work explores the vulnerability inherent in social media engagement, set against the backdrop of ongoing debates about freedom of speech on open platforms. The woman stands as a sentinel of freedom of speech, shielding herself from personal attacks that arise from her posts and replies. She embodies a duality, constantly navigating both offense and defense—a reflection of the complexities of modern communication.

The plastic glove enveloping her heart symbolizes protection, while the dart arrow in her other hand signifies her readiness to counter any threats. The brushstrokes of her dress reveal a level of transparency, exposing her womb, bones, and organs, which poignantly illustrate the raw vulnerability she endures in her interactions on X. This interplay of defense and exposure captures the essence of her experience in a tumultuous digital landscape.

Ellen says “She is aggressor and victim at the same time. Vulnerable but assaultive.”

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Homies - original painting by Dutch contemporary painter Ellen de Meijer

Homies

Details

  • Year: 2023
  • Dimensions: 45 x 63 inch / 115 x 160cm
  • Medium: oil on canvas

About. Power

What we see.  This work is about lobbying. We see two men giving a medal to each other. They look alike. In clothing and appearance. They are almost twins, they even share a set of Airpods. They look up as they were caught in the act.

Ellen says “Scratch my back and I’ll scratch yours.”

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WAGMI - original painting by Dutch contemporary painter Ellen de Meijer

WAGMI

Details

  • Year: 2023
  • Dimensions: 55 x 67 inch / 140 x 170cm  
  • Medium: oil on canvas

About.  Material wealth

What we see. Three men gathered around a hole in the floor. The man standing on a chair has made his fortune. He is dressed in a golden jacket and shows his golden watch. The man with the virtual reality glasses is kneeling as being a sort of servant. The man in shorts is pitching to participate, jealousy looking at the man’s golden watch.

Ellen says “We Are All Gonna Make It.”

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Mommy’s Non-Fungible Finest

Details

  • Year: 2022
  • Dimensions: 70 x 55 inch / 200 x 140 cm
  • Medium: oil on canvas

About. Digital debt.

This work refers to the hype and speculation of NFT’s. The emphasis lies on the speculative nature of ownership. 

This painting is about the owner of the cat, ‘mommy’, and not so much about the cat.

What we see. This cat has been transformed into an NFT by its owner, with the intention to be sold. Signified by the Raging Bull, a Wall Street symbol of speculation and wealth accumulation. 

The cat is portrayed wearing gloves referring to the owner wanting to accumulate wealth without having to do the ‘dirty’ hard work of labor. 

Ellen says “This is not a happy cat.”

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Mining Crush

Details

  • Year: 2021
  • Dimensions: 78 x 55 inch / 200 x 140 cm
  • Medium: oil on canvas

About. Material wealth.

This work is about the power of speculation, specifically that of crypto coin trading.

What we see. We see a business man with a bolo tie on a mechanical bull with a miners headlamp. Relaxed, powerful, just like a cowboy on a horse. The mechanical bull is his means to power, control and wealth.  

Ellen says “The mechanical bull refers to Wall Street: a man-made financial construct that essentially provides no value, other than a method for rapid wealth accumulation through speculation.”

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Crypto Craze

Details

  • Year: 2021
  • Dimensions: 78 x 55 inch / 200 x 140 cm
  • Medium: oil on canvas

About. Digital debt. Power.

This work addresses wealth accumulation through crypto mining. This painting is about the inequality between the rich and poor, caused by the digital divide.

What we see. We see a daunting black doorway to a data center. Symbolizing the internet as modern way to make a living. One character is a crypto miner in a suit ready to go down the mine. The other is a businessman, portrayed in an almost vacation type outfit. Awaiting his passive profits, with an hint of arrogance.

Ellen says “The seated man symbolizes the wealthy speculant. No real effort, wearing gloves to keep his hands clean.”

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Power Play

Details

  • Year: 2021
  • Dimensions: 59 x 49 inch / 150 x 100 cm
  • Medium: oil on canvas

About. Power. Material wealth.

What we see. This work addresses the never ending thirst for more.

We see a proud and powerful woman holding a majorette baton that signifies her leading position. Her big belt-buckle shows a silver dollar that symbolizes the business she is in. The baton is decorated with a pearl necklace, symbolizing her goal of abundant wealth.

Ellen says “Pearls are a girl’s best friend, or not really?”

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Eve Gen-Z

Details

  • Year: 2020
  • Dimensions: 15.7 x 19.7 inch / 40 x 50 cm
  • Medium: oil on canvas

About. Generational heritage. 

What we see. We see a young girl, dressing up like her mother.

This work is part of a diptych together with ‘4th Generation Bill’

Ellen says “This is beyond rescue.”

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4th Generation Bill

Details

  • Year: 2020
  • Dimensions: 15.7 x 19.7 inch / 40 x 50 cm
  • Medium: oil on canvas

About. Generational heritage. Resistance

What we see. We see a boy scout calling for justice.

This work is part of a diptych together with ‘Eve Gen-Z’

Ellen says “Kids is our hope for the future.”

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Barking in the desert

Details

  • Year: 2019
  • Dimensions: 39 x 79 inch / 100 x 200 cm
  • Medium: oil on canvas

About. Global warming. Resistance.

What we see. A man standing in the heat of the sun. He suddenly realizes his way of life needs to change.

Ellen says “It is actually too late already.”

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Arctic Indictment

Details

  • Year: 2018
  • Dimensions: 39 x 59 inch / 100 x 150 cm
  • Medium: oil on canvas

About. Global warming.

What we see. A woman holding a dead bird on a plastic balloon as a symbol of what our planet has to come. 

The color and fine cloth of the woman’s dress, symbolizes the fragility of the arctic poles.

Ellen says “We’re facing an imminent disaster by the plastic party of the past.”

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Dress code

Details

  • Year: 2018
  • Dimensions: 41 x 61 inch / 105 x 155 cm
  • Medium: oil on canvas

About. Global warming. Generational heritage.

What we see. This work refers to the global conditions the younger generation inherit.

We see an angry girl wearing protective gear against the effects of global warming. Her hat refers to rising sea levels and extreme weather, the mask to protect from air pollution.

Ellen says

“This is the legacy of my generation.”

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Sacred Heights

Details

  • Year: 2011
  • Dimensions: 78 x 47 inch / 200 x 120 cm
  • Medium: oil on canvas

About. Status. Power.

What we see

Here is a businessman sitting high on a throne of gold. His strive for wealth and power is like a religion to him. 

This work is unique in the artist’s series, as the character’s body is almost a sketch. Deliberately transparent. 

Ellen says “Getting high.”

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