TERMS OF USE
Please read these Terms of Use carefully before you begin using the Website. By visiting www.denisewongart.com, you accept and agree to be bound by and to abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use, you must not access or use the Website.
The following terms and conditions, together with any documents they expressly incorporate by
reference (collectively, the “Terms of Use”), govern your access to and use of www.denisewongart.com (the “Website,” “Site,” “We,” and “Us”) and all content, resources, and information provided by us, whether written, visual, or audio (the “Content” and “Resources”), via the Website and in e-mails from us to you.
This Website is offered and is available to human visitors who are 18 years of age or older. By using this Website, you represent and warrant that you are a human of legal age, capable of forming a binding contract with us and of meeting all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
From time to time, we may revise and update these Terms of Use at our sole discretion. All changes are effective upon the date and time at which we post them, and they apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are responsible for consulting this page for information on the most up-to-date and current terms of use.
Privacy Policy
Your use of the Website is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs your use of the Website and provides information regarding our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Accessing the Website
We reserve the right to withdraw or amend this Website and any service, product, or material we provide on the Website in our sole discretion without notice. We will not be liable if, for any reason, any part or all of the Website becomes unavailable at any time or for any length of time. We may, at our sole discretion and without notice, restrict access to any part or all of the Website to any user.
To access the Website or some of its Content and Resources, or to submit requests for information or inquiries regarding our products, Content, and/or Resources, you may be asked to provide registration details or other information. It is a condition of your use of the Website that all of the information you provide on the Website is accurate, up-to-date, and complete, and that any and all information you provide and all requests and inquiries that you submit to us through our Website forms are correct, legitimate, truthful, and done so without malicious intent, without intention to deceive, without intention to acquire trade secrets, and without intention to otherwise obtain information from us for false, misleading, unauthorized, or illegal purposes. You agree that all of the information you provide on the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information according to the terms of our Privacy Policy.
E-Commerce
Payment Processing
We may offer physical products, digital products, and/or services for sale on this Website. For security purposes, we offer SSL encryption for the connection between your browser and our
Website, and as a further commitment to your security, we have partnered with Stripe as our
PCI compliant payment gateway for your transactions on the Website.
Policies Regarding Returns, Exchanges, and Refunds
We take pride in our products, many of which are printed fresh to order. Other products that we provide may include original works of fine art created by hand with professional-grade, archival materials or printed works of art similarly produced with professional and/or archival materials, or other content-rich products containing our protected intellectual property. Due to the unique qualities of these products, our commitment to offer customers fresh merchandise without excessive handling, and related factors, please note that, like many who offer products with similar features, we are unable to accept returns, and we do not offer refunds for or exchanges of products, whether physical, digital, or service-based.
Downloadable Content and Security
In purchasing a digital product, including a digital download or an “instant download” digital file from us, you agree that you have the technical capabilities and the equipment, supplies, and/or services necessary to receive, maintain, and use these files in a legally compliant manner, and you further agree that you will use these files solely for their intended, legally compliant, non-commercial use. We are unable to offer technical support, free products, or any other form of compensation for digital products that you purchase from us, for any reason, including loss and accidental deletion.
If we provide you with a URL or link to download or to access our free or paid content or a purchased product, you agree to treat such information, including any passwords provided by us to access such content or products, as confidential, and you agree to not disclose or distribute these URLs, links, content, products, or passwords to any other person or entity. Any exceptions to this must be in the form of valid, express written consent provided solely by us, at our discretion, for a single, specified, one-time use outlined expressly in the writing. You also acknowledge that any account you establish with us is personal to you, and you agree to not provide any other person or entity access to your account with us, including but not limited to any URLs, links, downloads, content, user names, passwords, or other security information associated with our Website, Resources, and products. You agree to notify us immediately of any unauthorized access to or use of any of your user names, passwords, product access information, or security information associated with any account you have created with us or purchase you have made through our Website. You also agree to ensure that you have exited any accounts you have created with us and closed any browser tabs containing any of our content or products available by password or purchase before they may be accessed by another person or entity. You agree to exercise appropriate caution when accessing your account from a public or shared computer and to take reasonable steps necessary to prevent third parties from viewing or recording your password or personal information and our content.
Intellectual Property
We highly value creative, original expression, and, as such, we take measures to protect and enforce our intellectual property rights. In visiting this Website, you acknowledge and agree that our Website, products, and the Content and the Resources provided on the Website and in our e-mails contain intellectual property that is protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws. This content may include but is not limited to artwork, designs, artist statements, artwork descriptions, descriptions of the artist’s inspiration, biographical descriptions, product descriptions, legal writing, marketing content, blog posts, articles, course content, text, photographs, scans, images, graphics, graphic design, logos, watermarks, artist signatures, studio marks, textile designs, surface designs, patterns, digital files, digital art prints, digital artwork, digital graphics, sound, audio, and video.
By purchasing our products; visiting this Website; and/or accessing the Content, Resources, and/or information contained within the Website and/or within our e-mails, you agree that your use of and interaction with the Website, Content, Resources, and e-mails are in compliance with U.S. law, including but not limited to U.S. Trademark Law, U.S. Patent Law, and U.S. Copyright Law.
In addition, by purchasing our products, visiting this Website, and/or accessing the Content and Resources contained within it and/or in our e-mails, you agree to not infringe our copyrights, and you acknowledge that copyright infringement occurs when a copyrighted work is distributed or reproduced or performed or publicly displayed or made into a derivative work without the permission of the copyright owner.
The creator of the products available for sale on this Website and the Content and Resources contained within this Website and in our e-mails is the author of these works. In accessing our Website, Content, Resources, or e-mails, or in purchasing our products, you acknowledge that (i) this author is also the owner of the copyright of these works; (ii) the author remains the owner of the copyright of these works at all times, regardless of any ability you may have to access the works; and (iii) the copyright of these works is never assigned to you, nor is it ever assigned to another person or entity, under any circumstances.
You further acknowledge that we are not required to use a copyright notice as a condition of copyright protection of our products, artwork, writing, and the Content and the Resources provided on this Website and in our e-mails.
Furthermore, you acknowledge that the copyrighted works contained within this Website, in our Content, in our Resources, in our e-mails, and in our products, may be registered, and we reserve the right, in cases of infringement of registered works, to litigate for the full amount of statutory damages and attorney’s fees for which registered works are eligible.
In visiting this site, you acknowledge and agree that no use of intellectual property from the Website or from our Content, Resources, products, or e-mails is permitted or authorized without the express, written consent of the intellectual property owner. Requests for consent or permission should be directed only through the contact form on this Website, located at denisewongart.com/contact. Lack of response from us to a request for permission shall in no case constitute express written permission from the intellectual property owner.
Comments
From time to time, and on certain website pages, this Website may allow visitors to comment or to leave reviews. We aim to maintain a positive web presence free from hate, bullying, intimidation, SPAM, illegal activity, and other forms of negativity, and, in visiting this Website, you are consenting to comply with these terms. As such, we reserve the right to monitor and to delete comments, without notice or explanation, at our sole discretion, for whatever reason we deem appropriate.
Warranty Disclaimer and Limitation of Liability
Our Website, Resources, Content, products, and e-mails are provided on an “as-is” basis, without warranties of any kind, either express or implied. In accessing our Website, Resources, Content, products, and/or e-mails, you acknowledge and agree that we owe no duty to you to take any action regarding any effect that our Website, Resources, Content, products, or e-mails may have on you or any action you may take in response to your interpretation or use of our Website, Resources, Content, products, and e-mails.
This Website may contain links to other websites, and you acknowledge and agree that we have no control over and will not be held liable for the actions, the activities, or the content of these websites and/or any persons associated with them.
From time to time, we may offer educational products, services, and resources on this website. While we believe in the value of our products and resources, and it is our wish for you to have an enjoyable learning experience, every student is unique, and we do not warrant or guarantee any particular results for any product or resource. Furthermore, the results achieved by one purchaser of our product or service may not be typical compared to the results achieved by any other purchaser of that same product or service.
In accessing our Website, Resources, Content, products, e-mails, and/or information, whether paid or free, you expressly acknowledge and agree that these items shall never be interpreted to provide any form of legal advice or legal counsel, and you further acknowledge and agree that we shall not be held liable for any direct, incidental, consequential, special, or exemplary damages resulting from (i) the use of our Website, Resources, Content, products, and information; (ii) the cost of procurement of substitute goods or services resulting from any goods, products, services, or information purchased or obtained or messages received or transactions entered into with or from us; (iii) any unauthorized access to or alteration of your transmissions or data; or (iv) any other matter related to our Website, Resources, Content, products, information, and e-mails.
Updated May 25, 2018