Terms of Service

These Terms of Service govern your use of the website located at https://www.terriwattsartist.com and any related services provided by Terri Watts Artist.

By accessing https://www.terriwattsartist.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Terri Watts Artist.

We, Terri Watts Artist, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 10 November 2023.

Product Descriptions

Our website provides detailed descriptions of our art products, ensuring customers have a clear understanding of what they are purchasing. We clarify that our offerings include paintings of flowers and arrangements on canvas and art paper, and do not extend to actual floral arrangements.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

  • remove any copyright or other proprietary notations from any materials and software on this website;

  • transfer the materials to another person or "mirror" the materials on any other server;

  • knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Terri Watts Artist provides;

  • use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

  • use this website or its associated services in violation of any applicable laws or regulations;

  • use this website in conjunction with sending unauthorized advertising or spam;

  • harvest, collect, or gather user data without the user’s consent; or

  • use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials and artworks contained on this website are owned by or licensed to Terri Watts Artist and are protected by applicable copyright and trademark laws. This includes all the artworks sold on our website, which are the exclusive intellectual property of Terri Watts Artist. Unauthorized reproduction or use of these artworks is strictly prohibited, as it infringes upon the rights of the artist and undermines the uniqueness and originality of our works.

We grant our users permission to download one copy of the materials for personal, non-commercial transitory use only. This is a grant of a license, not a transfer of title, and under this license, users are not permitted to reproduce, distribute, or use the materials for commercial purposes or public display. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service. Terri Watts Artist may terminate this license at any time, and upon termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

By using our website, you acknowledge and agree to respect the intellectual property rights of Terri Watts Artist and to comply with all applicable laws pertaining to such rights.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

Registration and Payments

In order to use our services you need to create an account. Any information provided needs to be accurate and updated if necessary. Customers are liable for maintaining their accounts and are fully responsible for all activities occurring under their accounts. Should anybody gain unauthorized access to your account, you need to notify us immediately. Terri Watts Artist is not liable for any loss or damage arising from failure to maintain the confidentiality of your account.

When purchasing our products you are required to provide your financial information relevant to the chosen payment method, in some cases, you may be requested to provide your credit card details. We are not liable for failed delivery of goods that may arise from providing incorrect, incomplete, or missing information needed to finalize the order. Please note that any payments made on our platform will be processed by Stripe. As such, we will not be responsible for processing or retaining any of your financial information. Stripe will handle all of your financial information per their respective Terms of Service, and you agree to comply with such Terms of Service.

Liability

The materials and content provided on the Terri Watts Artist website, including all artwork and textual information, are offered on an 'as is' basis. Terri Watts Artist, while ensuring the highest level of artistic integrity and authenticity in our offerings, makes no explicit or implied warranties. This includes, but is not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights.

Terri Watts Artist, including its suppliers and affiliates, shall not be liable for any consequential loss arising from the use, or inability to use, this website or its contents. This encompasses any direct, indirect, incidental, or consequential damages, including but not limited to loss of profit, business, goodwill, data, or anticipated savings, even if advised of the possibility of such damage. The term “consequential loss” in this context refers to any form of indirect or unforeseen loss, whether incurred under statute, contract, equity, tort (including negligence), or otherwise.

It is important to note that some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of liability for consequential or incidental damages. Therefore, these limitations may not apply to you if your jurisdiction does not permit such exclusions.

This liability clause is designed to inform users of their rights and limitations when interacting with our website, ensuring that both parties understand the scope of responsibility in the context of this agreement. By using our website, you acknowledge and accept these terms.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Terri Watts Artist does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on our website. We have the right to change the information on our website without prior notice and users are responsible to monitor said changes. Any historical information present on our website is provided for reference only.

Additional Tools

Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Terri Watts Artist has the right to offer new third-party tools in the future.

Data Security

We employ advanced security measures to protect the data transmitted on our website. The use of an SSL certificate ensures the secure handling of all personal and payment information, enhancing the overall safety and reliability of our online services.

Links

Terri Watts Artist has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Terri Watts Artist of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Third-party Integrations and Google User Data

By visiting our website users implicitly grant us the authority to interact with third-party platforms like Google. Such interaction might involve accessing, storing, and sharing specific data, the dynamics of which are elaborated in our Privacy Policy. When users choose to synchronise their Google account or use functionalities that demand Google API integration, they consent to the stipulated data interactions highlighted in our Privacy Policy.

Inaccuracies and Mistakes

Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing orders should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.

Updates and User Communication

As we introduce changes or updates to our platform or its third-party integrations, you will be informed. We communicate these changes to ensure you are aware of any modifications made on our platform.

Policy Updates and Modifications

We periodically assess and refine our platform or its functionalities. Such changes might influence our data interaction methods with Google user data. All such amendments will invariably be reflected in our revised Privacy Policy. For staying updated, we advocate our users to periodically review our policy.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Georgia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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