Effective Date: July 31, 2018

Studio Eriksdotter, LLC (“Studio Eriksdotter,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our Websites, including, without limitation, studioeriksdotter.com, eriksdotterpetportraits.com, and eriksdotterbridalbouquets.com (our “Websites”).

We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By browsing the public areas or accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). By using our Websites, you agree to fully comply with and be bound by the following Agreement each time you use our Websites.Any user who purchase a product or service through one of our Websites (each, a “Customer”), is agreeing to the terms of this Agreement.

The term “User” is a collective identifier that refers to either a Visitor or a Customer. The term “Product” refers to any products or services we sell or give away.

All text, information, graphics, design, and data offered through our Websites or Services, whether produced by our customers or by us, are collectively known as our “Content”.

Acceptance of Agreement

This Agreement is between you and Studio Eriksdotter.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING our Websites CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT our Websites IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Studio Eriksdotter and supersedes all other Agreements, representations, warranties, and understandings with respect to our Websites, Services, and the subject matter contained herein. However, for you to use our Websites and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

Privacy Notice

Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the StudioEriksdotter.com Privacy Notice, do not use this Website or our Services.

Arbitration

Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in Reston, Virginia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Reston, Virginia necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.

Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in Reston, Virginia and will be governed by and construed in accordance with the laws of the state of Virginia without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Websites or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Limited License

Studio Eriksdotter grants you a nonexclusive, nontransferable, revocable license to access and use our Websites and Services strictly in accordance with this Agreement. Your use of our Websites and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Websites or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Websites, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Studio Eriksdotter.

Our Intellectual Property

Our Websites may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Websites or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Studio Eriksdotter.

Our Content, as found within our Websites and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Websites and Services does not grant you any ownership rights to our Content.

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our Websites will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Websites will be correct, accurate, timely, or otherwise reliable. Studio Eriksdotter reserves the right at our sole discretion to change any content, software, and other items used or contained in our Websites or Services at any time without notice.

Disclaimer

You hereby acknowledge that nothing contained in our Websites will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Studio Eriksdotter. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Websites or Services.

Warranty Disclaimer

Studio Eriksdotter is not responsible or liable in any manner for any Content posted on our Websites or in connection with our Services, whether posted or caused by users of our Websites, or by Studio Eriksdotter. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on our Websites or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Websites or Services. Studio Eriksdotter is not responsible for the online or offline conduct of any User of our Websites or Services.

Our Websites or Services may be temporarily unavailable from time to time for maintenance or other reasons. Studio Eriksdotter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of user communications.

Studio Eriksdotter is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to customers’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Websites or Services, including, without limitation, any software provided through our Websites or Services.

Under no circumstances will Studio Eriksdotter be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Websites or Services, or any interactions between Users of our Websites or Services, whether online or offline.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Websites by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH our Websites ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITES AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

STUDIO ERIKSDOTTER, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITES OR SERVICES. STUDIO ERIKSDOTTER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITES OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. STUDIO ERIKSDOTTER DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH our Websites OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND STUDIO ERIKSDOTTER.

OUR WEBSITES AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITES OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT WILL STUDIO ERIKSDOTTER OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITES, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITES OR SERVICES, EVEN IF
STUDIO ERIKSDOTTER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STUDIO ERIKSDOTTER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR PURCHASE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

User Conduct

User may post their content to our Websites. Customers and Visitors understand that by using our Websites or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over User Content and do not in any way guarantee its quality, accuracy, or integrity. Studio Eriksdotter is not responsible for the monitoring or filtering of any User Content. Should any User Content be found illegal, Studio Eriksdotter will submit all necessary information to relevant authorities.

If any User Content is reported to Studio Eriksdotter as being offensive or inappropriate, we may ask the User to retract or otherwise modify the questionable content within 24 hours of being notified by Studio Eriksdotter. If the User fails to meet such a request, Studio Eriksdotter has full authority to restrict the user’s ability to post User Content.

Without limiting the foregoing, we have sole discretion to remove any User Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Users will respect copyright and trademark laws.

You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Users whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

As a User, you agree not to use our Services to do any of the following:

Upload, post, or otherwise transmit any User Content that:

  1. Violates any local, state, federal, or international laws
  2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
  4. Links directly or indirectly to any materials to which you do not have a right to link
  5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
  6. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Websites or Services
  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  8. In the sole judgment of Studio Eriksdotter is objectionable or restricts or inhibits any other person from using or enjoying our Websites or Services, or which may expose Studio Eriksdotter, our affiliates, or our Users to any harm or liability of any type

Use our Content to:

  1. Develop a competing website
  2. Create compilations or derivative works as defined under United States copyright laws
  3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
  4. Decompile, disassemble, or reverse engineer our Websites, Services, and any related software
  5. Use our Websites or Services in any manner that violates this Agreement or any local, state, federal, or international laws

Use of Information

You grant Studio Eriksdotter a license to use the information and materials you post to our Websites. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“User Content”) to our Websites, you are granting Studio Eriksdotter, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the User Content in connection with the operation of the business of Studio Eriksdotter, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat User Content. You understand and agree that you will not be compensated for any User Content. By posting User Content on our Websites or Service, you warrant and represent that you own the rights to the User Content or are authorized to post, display, distribute, perform, or transmit User Content.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Linking to our Websites

You may provide links to our Websites provided that (a) you do not remove or obscure any portion of our Websites by framing or otherwise, (b) your Websites does not engage in illegal or pornographic activities, and (c) you cease providing links to our Websites immediately upon our request.

Links to Other Websites

Our Websites may from time to time contain links to third-party websites. Inclusion of links for any website on our Websites does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Studio Eriksdotter has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

Payments

You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

Refund and Return Policy on Commissioned Art

Studio Eriksdotter offers a 100% satisfaction money-back guarantee. To the extent that you purchase any commissions from Studio Eriksdotter, we may refund your purchase price if you meet the requirements stated below. The last day to receive 100% money-back is the day of your final payment by notifying us in writing of your desire for the refund.

To receive a 100% refund, you agree to the following:

  1. Be an active collaborator during the commission process regarding shape of the canvas, pose of the animal, background color.
  2. Provide feedback on the photos of the process I share with you.
  3. If you’re not happy with the final painting, we’ll work together to see if we can first revise the painting.
  4. The original painting and any and all photos of the finished and finished painting are owned and copyrighted by Studio Eriksdotter, LLC.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Websites or Services.

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

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