Agreement between User and Kimberly Jane Art
Welcome to Kimberly Jane Art. The kimberlyjaneart.com website (the "Site") is comprised of various web pages operated by Kimberly Jane Art. kimberlyjaneart.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of kimberlyjaneart.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Kimberly Jane Art (and kimberlyjaneart.com) is a product and service company offering Fine Art Paintings, Commissioned Paintings, Reproductions, Other Products and Goods.
RIGHTS TO ARTWORK AND IMAGES
All artwork, images, and graphics are the sole property of Kimberly Parker and may not be used by any third party without written permission.
Copying or reproducing artwork created by Kimberly Jane Art (as seen on kimberlyjaneart.com, or elsewhere) is strictly prohibited without written permission from the artist.
Kimberly Jane Art 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.
Kimberly Jane Art retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.
Kimberly Jane Art retains the right to make reproductions of any and all artwork created by Kimberly Jane Art unless the collector has purchased the full or partial rights to the artwork in addition to purchasing the original artwork.
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, artists name).
All other uses must be agreed to in advance in writing.
Visiting kimberlyjaneart.com or sending emails to Kimberly Jane Art 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.
CHILDREN UNDER THIRTEEN
Kimberly Jane Art does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use kimberlyjaneart.com only with permission of a parent or guardian.
Reproductions and non-original products: Due to the fact that all artworks are made to order, I can not accept returns or exchanges as I do not hold stock. In special situations I have been able to accept an exchange but for good reason, if you aren't sure it won't hurt to email me and see if you can qualify for an exchange. If the product has arrived faulty for any reason please get in touch ASAP via the Contact Form so I can rectify the situation.
Original Paintings: All sales of original artwork are final. Orders cancelled within the first 24 hours will incur a 20% restocking & re-marketing fee.
I am not liable for any mishandling or failed delivery by the shipping service (AUS Post).
LINKS TO THIRD PARTY SITES
kimberlyjaneart.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kimbery Jane Art and Kimberly Jane Art 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. Kimberly Jane Art is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kimberly Jane Art of the site or any association with its operators.
NO PROHIBITED USE
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kimberly Jane Art or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kimberly Jane Art content is not for resale.
The Service is controlled, operated and administered by Kimberly Jane Art from within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Kimberly Jane Art Content accessed through kimberlyjaneart.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to defend and hold harmless Kimberly Jane Art, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable lawyer'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. Kimberly Jane Art reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kimberly Jane Art in asserting any available defences.
THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION. KIMBERLY JANE ART AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KIMBERLY JANE ART AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE PRODUCTS AND SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KIMBERLY JANE ART AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE PRODUCT, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CHANGES TO TERMS
Kimberly Jane Art reserves the right, in its sole discretion, to change the Terms under which kimberlyjaneart.com is offered. The most current version of the Terms will supersede all previous versions. Kimberly Jane Art encourages you to periodically review the Terms to stay informed of any updates.
Kimberly Jane Art welcomes your questions or comments regarding the Terms via the Contact Form.
Effective as of 1 July, 2019