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TERMS AND CONDITIONS

For SK Berry Art LLC

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE, CONTACTING US, OR PLACING AN ORDER.

This website is owned and operated by SK Berry Art LLC. These Terms set forth are the terms and conditions under which you may use our website and services as offered by us. This website offers but not limited to: Mixed Media Art, Handmade Jewelry, Home Decoration, Photography, Digital Art, Clothing /Accessories, Guided Meditation and Music. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

USE AND WEBSITE CONTENT

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.  The prices we charge for our products and services are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

RIGHT OF RETENTION

We may retain your Personal Information for as long as your User Account is active, as indicated in this Privacy Policy, or as otherwise needed to provide you with our Services. We may continue to retain your Personal Information after you deactivate your User Account and/or cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users or their Users-of-Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests. We maintain a data retention policy which we apply to Personal Information in our care.

 

OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS, LOGOS, DESIGNS

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of SK Berry Art LLC  Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. All images and content belong to SK Berry Art LLC – skberryart.com

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

We reserve the right to take and use photos of our paintings, photographs, artworks, jewelry, clothing, home decoration, music, meditations, including posting to social media outlets, websites, and advertising.

The contents of this website may not be copied, reproduced, uploaded, sold, distributed, displayed, downloaded, posted or transmitted in any form without prior expressed written permission by SK Berry Art LLC. Modification of the content or use of the content for any other purpose, on any other web site or networked computer environment, is prohibited.  You may not create a link from another website or document without expressed written permission from SK Berry Art LLC.

 

INDEMNIFICATION

You agree to indemnify and hold SK Berry Art LLC, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall SK Berry Art LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, SK Berry Art LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

MODIFICATION OF TERMS AND CONDITIONS

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

PROMOTIONAL CONTENT AND EMAILS

You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

 

CONFLICT RESOLUTION

These Terms SK Berry Art LLC/SKBERRYART.COM have set forth, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America and the state of Colorado, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Aurora Colorado. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

PAYMENTS

Payments made on the SKBerryArt.com website are processed through third-party processing companies.  Wix Payments Wix Payments Terms of Service | Wix.com is the payment provider and Adyen, Stripe are the Payment Processors.

Art/Jewelry Consignment

SK Berry Art LLC requires a 50% non-refundable deposit to guarantee a consignment piece by a specified date.  We will speak throughout the process.  SK Berry Art LLC will text/email you photographs of the progress of your piece.  Once we have agreed on the final piece, final payments must be received before shipping your artwork/jewelry. If it takes too long for you to send in a work payment or final payment, we reserve the right to cancel your order, retain your deposit and retain physical ownership of the items.

 

 

Customer Service

It is important to SK Berry Art LLC that you, the customer/site visitor, have the best possible experience with our products and on our site.  If you have any questions, comments or concerns, please reach out to us. Please allow 3 business days for reply.

Email: skberryart@gmail.com

Telephone (432)634-9635                 

Website: www.SKBerryArt.com

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