EFFECTIVE DATE: AUGUST 3RD, 2022
CONTACT: Email: smkotfila@charter.net
NOTICE OF AGREEMENT
The use of this website as well as any products offered on this website provided by Stephen Kotfila constitutes agreement to the following Terms and Conditions (hereinafter referred to as the “Agreement”), all of which are stated here. The Agreement governs the use of any page or subpage on this website (hereinafter collectively referred to as the “Website”) and any products available for purchase or otherwise presented on this website (“Products”). Note that by accessing and interacting with any component of this Website or its Products, you, the User, assent to the Agreement stated here.
1.) DEFINITIONS
The parties referred to in this Agreement are defined below:
a.) We, I, Us, Me, Stephen Kotfila: Stephen Kotfila, the creator and publisher of the Website and the creator of the Products available on it. First person, singular or plural, pronouns will be used in this Agreement to describe this party including, but not limited to: I, Me, My, Us, We, and Ours.
b.) You, the User: You, the user of this Website and/or its Products will be referred to, in this Agreement, using second person pronouns including, but not limited to: You, Your, and Yours, as well as the term User.
c.) Parties: Collectively, the User and Stephen Kotfila will be referred to as Parties, or the Parties.
2.) ASSENT & ACCEPTANCE
By using this Website and/or the Products presented on this Website, You affirm that you have read and reviewed this Agreement, in its entirety, and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave this Website immediately. We only agree to provide use of this Website and its Products to the User if the User assents to this Agreement.
3.) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or to purchase any Products contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of Your age.
4.) LICENSE TO USE WEBSITE
We may provide You with certain information as a result of Your use of the Website or Products. Such information may include, but is not limited to, documentation, data, or information produced by Us, and other materials which may assist in Your use of this Website or Products (“Our Materials”). Subject to this Agreement, We grant You a non-exclusive, limited, non-transferrable, and revocable license to use Our Materials solely in connection with Your use of the Website and Products. Our Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
5.) INTELLECTUAL PROPERTY
You agree that the Website and all Products provided by Us are Our property, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that We own all right, title and interest in and to Our IP and that You will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including but not limited to electronically or by registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without Our express written permission.
6.) ACCEPTABLE USE
You agree not to use the Website or Products for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Product in any way that could damage the Website, Products (prior to purchase and/or physical receipt), or Our general business.
a.) You further agree not to use the Website or Products:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
To violate any of Our intellectual property rights or the intellectual property rights of any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or discrimination towards any group;
To unlawfully gather information about others.
7.) PRIVACY INFORMATION
Through Your Use of the Website and Products, You may provide Us with certain information. By using the Website or Products, You authorize Us to use Your information in the United States and any other country where We may operate.
a.) Information We May Collect or Receive: Depending on how You use Our Website or Products, We may receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
b.) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers, including other marketers.
c.) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose yo disable cookies in Your web browser.
8.) SALES
We sell limited-edition art prints and original paintings by the artist: Stephen Kotfila.
We undertake to be as accurate as possible with all information regarding the Products, which includes images and descriptions. However, We do not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase the Products at Your own risk.
All fine art prints are made by Giclée Today in Pottstown, PA, USA.
All limited-edition fine art prints are signed by the artist, Stephen Kotfila.
9.) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. When purchasing a physical Product, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including, but not limited to, errors or omissions in the information that You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our Products. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. For the sale of physical Products, We may preauthorize Your credit or debit card at the time You place the order, or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances.
Printing, singing, fulfillment, and shipping generally take two weeks but circumstances may result in longer lead times. We do not guarantee that You will receive any Product You may purchase within the estimated time frame presented on the checkout page.
We are not responsible for lost, damaged or stolen goods. We do not currently ship outside of the United States.
If You would like to return any Product You have purchased in exchange for a full refund, You may do so within 30 days of your receipt of the Product by emailing Us first at smkotfila@charter.net. We will be in touch to discuss how You can return a Product. You must return both the Product and certificate of authenticity that it may come with. We will repay You for the full price of the product, excluding shipping. You are expected to cover the cost of shipping when You return the Product. We are not responsible for any damages incurred by the Product during shipping. We do not guarantee a refund if the Product is damaged beyond repair.
10.) USER OBLIGATIONS
As a User of the Website or Products, You may or may not be asked to register with Us. If and when You do so, You will choose a User identifier, which may be Your email address or another terms, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information may enable You to use the Website and Products. You must not share such identifying information with nay third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Products to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
11.) ACCEPTABLE USE
You agree not to use the Website or Products for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Products in any way that could damage the Website, Products, or Our general business.
a) You further agree not to use the Website or Products:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate Our intellectual property rights or the intellectual property rights of any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
12.) AFFILIATE MARKETING & ADVERTISING
We, through the Website and Products, may engage in affiliate marketing whereby We receive a commission on or percentage of the sale of goods or products on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
13.) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Products;
b) Violate the security of the Website or Products through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
14.) DATA LOSS
We do not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Products is at Your own risk.
15.) INDEMNIFICATION
You agree to defend and indemnify Us and any of our affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Products, Your breach of this Agreement, or Your conduct or actions. You agree that We shall be able to select Our own legal counsel and may participate in Our own defense, if We wish.
16.) SPAM POLICY
You are strictly prohibited from using the Website or any of Our Products for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
17.) THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other products. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third-party products linked to from Our Website.
18.) MODIFICATION & VARIATION
We may, from time to time and at any time without notice to You, modify this Agreement. You agree that We have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
19.) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
20.) TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with You at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating Our intellectual property rights or the intellectual property rights of a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
21.) NO WARRANTIES
You agree that Your use of the Website and Products is at Your sole and exclusive risk and that any Products provided by Us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Products will meet Your needs. We also make no warranties as to the reliability or accuracy of any information on the Website. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Products is Your sole responsibility and that We are not liable for any such damage or loss.
22.) LIMITATION ON LIABILITY
We are not liable for any damages that may occur to You as a result of Your use of the Website or Products, to the fullest extent permitted by law. Our maximum liability arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
23.) GENERAL PROVISIONS
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Products, You agree that the laws from Our headquarters (Hadley, Massachusetts, United States) shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and Us, with the exception of its conflict of law provisions.
c) GOOD FAITH RESOLUTION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Us, Our rights and liabilities will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond Our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: smkotfila@charter.net