TERMS OF SERVICE
Welcome to our website! This Terms of Service (“TOS”) is the agreement between you and us under which you may visit our website or purchase artwork from this website. If you visit or shop on our website, you accept these TOS.
1. IDENTIFICATION OF PARTIES. As used in this TOS, the words “we”, “us” and “our” mean and refer to Kristianne Art, LLC, the owner of this website. “You” and “your” means and refers to any person who visits this website, including those who buy products offered for sale on this website.
2. POLICIES. Our Privacy Policy and our Orders, Shipping & Returns Policy posted on this website (collectively the “Policies”) are a part of these TOS. We recommend that you review the Policies carefully.
3. COPYRIGHT. All content on this website (such as images of gliclées for sale, text, photographs, graphics, icons and images) and the compilation of that content (collectively the “Website Content”) are the exclusive property of Kristianne Koenen and protected by United States and international copyright laws. With the exception of the limited license we are granting to you in Section 5, you may not use, copy, modify, translate or perform any of the Website Content or use that Website Content to create any derivative work without our prior consent.
4. TRADEMARKS. The trademark “Kristianne Koenen Artist” and all other trademarks and trade dress appearing on or making up the website are the sole property of Kristianne Koenen. You may not use any of these trademarks or trade dress in any manner without our prior consent.
(a) We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal use of this website.
(b) This license does not give you permission to:
(i) Modify this website or any portion of it;
(ii) sell any products or services on this website or otherwise make any commercial use of this website for the advertisement of your goods or services or those of any other person, such as by linking a website to this website in a manner that suggests our endorsement of your products or services
(iii) using this website to makes false, misleading, offensive or derogatory characterizations of any person or any products or services of that person;
(iv) download or copy account information belonging to any other person;
(v) data mining, robots, or similar data gathering and extraction tools; or
(vi) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form).
6. YOUR ACCOUNT
(a) You are solely responsible for maintaining the confidentiality of your user ID and password for your account with us and for restricting access to your computer. You will be responsible for all activities that occur in your account under your User ID and password, including for any unauthorized purchases of products from your account. If you are under 18, you may use our website only with involvement of a parent or guardian.
(b) If we determine that your account is being used in a manner contrary to this TOS or may be unlawful, we may close your account in our discretion. We may also close your account if your account has been inactive for three months or more. We will notify you at least five days before we close your account; however, we may close your account immediately or suspend access to your account without prior notice if we determine that your account may be used in a manner that is fraudulent, unauthorized by you or otherwise poses a risk of immediate harm.
(a) You may post reviews, comments, and other content so long as the content is not obscene, threatening, defamatory, invasive of people’s privacy, infringing on anyone’s intellectual property rights or otherwise objectionable. You may not submit any content that contains malware or consists of commercial solicitations or spam. You may not use a false e-mail address, dummy account, impersonate any individual or entity, or otherwise submit information designed to disguise who you are or mislead as to your identity. We reserve the right to remove or edit any content that is posted on our site; however, we do not review all content and have no obligation to inspect and remove any content.
(b) You grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display any content that you post on the website. You grant us the right to use your name in identifying the source of the content that you submit. You represent and warrant that: (i) you own or otherwise control all of the rights to the content that you post; (ii) the content is accurate; (iii) use of the content you supply does not violate this Section 7 and will not cause injury to any person or entity. You will indemnify us and our owner for all claims and damages incurred resulting from content you supply in violation of this Section 7
8. EXCLUSION OF WARRANTIES/LIMITATIONS ON LIABILITY
(a) If any giclée or other product you purchase from us is defective, damaged or is not as described on the website, your sole remedy is to exchange that product or to receive a refund as provided in our Order, Shipping and Return Policy. ALL PRODUCTS ARE SOLD “AS IS”, ‘WHERE IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(b) WE DO NOT WARRANT THAT THIS WEBSITE, OUR SERVERS OR ANY E-MAIL WE SEND WILL BE FREE OF VIRUSES OR OTHER MALWARE.
(c) IF WE ARE HELD TO HAVE BREACHED THIS TOS OR ARE OTHERWISE FOUND LIABLE TO YOU FOR ANY ACTION ARISING OUT OF OR RELATED TO YOUR PURCHASE OF PRODUCTS FROM US OR YOUR USE OF THIS WEBSITE, YOU AGREE THAT OUR MAXIMUM MONETARY LIABILITY WILL NOT EXCEED THE NON-REFUNDED PAYMENTS YOU MADE TO US DURING THE SIX-MONTH PERIOD BEFORE THAT PROCEEDING WAS BROUGHT.
(d) WITH THE EXCEPTION OF ANY DAMAGES ARISING FROM A VIOLATION OF SECTIONS 3, 4, 5 OR 7, NEITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM THE PURCHASE AND SALE OF PRODUCTS ON THIS WEBSITE, ANY VIOLATION OF THE POLICIES OR ANY CONTENT APPEARING ON THIS WEBSITE.
(e) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. MODIFICATIONS AND AMENDMENTS. We reserve the right to amend and otherwise modify this TOS (including the Policies) at any time by posting those changes on this website. All amendments and other changes will become effective upon posting to our website.
10. ELECTRONIC COMMUNICATIONS. You consent to receive communications from us electronically by e-mail to the address you provide to us and by posts we place on this website. All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. OTHER TERMS
(a) This TOS (including all purchases of products from this website) are governed by the laws of California, excluding any conflicts of laws rules of that state that would apply the laws of a different state.
(b) If any provision in this TOS is contrary to applicable law or unenforceable, that term will be construed to give the maximum effect to that provision permitted under applicable law. The invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision of this TOS.
(c ) All references in this TOS to our “consent” means a consent in a written document we have signed and does not mean any consent granted orally or by implication. No reference to us granting consent in this TOS will impose any limitation on our right to decide whether to grant or withhold consent in our sole and absolute discretion. The word “including” in this TOS means “including but not limited to.”
(d) This TOS (including the Policies) contains the entire agreement between you and us related to the subject matter of this Agreement. This TOS supersedes all other agreements understandings and representations, whether oral or written, relating to that subject matter.
