AGREEMENT BETWEEN USER AND CAITLINGUERRA.COM
Welcome to Caitlin Guerra | Handmade. The caitlinguerra.com (the “Site”) website is comprised of various web pages operated by Caitlin Guerra. CaitlinGuerra.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of CaitlinGuerra.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Caitlin Guerra | Handmade (and CaitlinGuerra.com) is a service and commerce company offering Fine Art Paintings, Commissioned Paintings, Reproductions, Other Products & Goods, Classes, Resources, Consultations, and all other products or services.
RIGHTS TO ARTWORK AND IMAGES
All artwork, images, and graphics are the sole property of Caitlin Guerra and may not be used by any third party without written permission. Copying or reproducing artwork created by Caitlin Guerra (as seen on CaitlinGuerra.com, or elsewhere) is strictly prohibited without written permission from the artist. Caitlin Guerra retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business. Caitlin Guerra retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.
Caitlin Guerra retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Caitlin Guerra UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting. Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork. Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artist’s name).
All other uses must be agreed to in advance in writing.
Visiting CaitlinGuerra.com or sending emails to Caitlin Guerra constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Caitlin Guerra | Handmade is not responsible for third party access to your account that results from theft or misappropriation of your account. Caitlin Guerra | Handmade and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
CHILDREN UNDER THIRTEEN
Caitlin Guerra | Handmade does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use CaitlinGuerra.com only with permission of a parent or guardian.
Reproductions and non-original products: I do not accept cancellations, returns, or exchanges. We are not liable for any mishandling or failed delivery by the shipping service (USPS or UPS). Please contact CaitlinGuerra.com within 7 days of receiving your artwork.
All sales of original artwork are final. Returns or exchanges of original work are not available.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
CaitlinGuerra.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Caitlin Guerra | Handmade and Caitlin Guerra | Handmade is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Caitlin Guerra | Handmade is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Caitlin Guerra | Handmade of the site or any association with its operators. Certain services made available via CaitlinGuerra.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the CaitlinGuerra.com domain, you hereby acknowledge and consent that Caitlin Guerra | Handmade may share such information and data with any third party with whom Caitlin Guerra | Handmade has a contractual relationship to provide the requested product, service or functionality on behalf of CaitlinGuerra.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
The Service is controlled, operated and administered by Caitlin Guerra | Handmade from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Caitlin Guerra | Handmade Content accessed through CaitlinGuerra.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Caitlin Guerra | Handmade, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Caitlin Guerra | Handmade reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Caitlin Guerra | Handmade in asserting any available defenses.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Caitlin Guerra | Handmade agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CAITLIN GUERRA | HANDMADE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CAITLIN GUERRA | HANDMADE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CAITLIN GUERRA | HANDMADE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Caitlin Guerra | Handmade reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon, and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Caitlin Guerra | Handmade as a result of this agreement or use of the Site. Caitlin Guerra | Handmade’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Caitlin Guerra | Handmade’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Caitlin Guerra | Handmade with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Caitlin Guerra | Handmade with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Caitlin Guerra | Handmade with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Caitlin Guerra | Handmade reserves the right, in its sole discretion, to change the Terms under which CaitlinGuerra.com is offered. The most current version of the Terms will supersede all previous versions. Caitlin Guerra | Handmade encourages you to periodically review the Terms to stay informed of our updates.