TERMS AND CONDITIONS

This website is owned and operated by Kate Creates LLC. These Terms set forth the terms and conditions under which you may use this website and services as offered by Kate Creates LLC. This website offers visitors digital downloads and prints of original artwork and poetry, as well opportunity for custom illustrations and designs of family, pet, couple, and home art . By accessing or using the website and these service, you approve that you have read, understood, and agree to be bound by these Terms.


In order to use this website and/or receive my 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 I charge for using my services / for my products are listed on the website. I reserve the right to change my prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. For additional information about pricing and sales tax or custom illustration quotes, please email kategoescreating@gmail.com


“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.


I’m proud of my work and I want you to love the product you pay for. However, because most of my services and product are either custom illustration or digital downloads, refund requests are handled on a case by case basis and are issued at my sole discretion. Refund requests must be made within thirty (30) days of your original purchase. 


There are three phases of the custom illustration process: Order Confirmation, Draft Approval, and Final Product. If you cancel a custom illustration after order confirmation but before I begin working on the draft, you will not charged for your artwork. If you cancel an order after work has begun on your custom illustration, you will be charge $40 an hour for my time invested in the project. You cannot cancel an order after the final project is complete and will be charged your quoted product price. 


Please email kategoescreating@gmail.com for a refund of a digital download order. I work hard to accurately describe the product of a digital download in the info description, but I am happy to fully refund you if you are not pleased with the product or surprised by what you receive. If you have been refunded, you are not allowed to print, distribute, or use the product you received through email. Please email kategoescreating@gmail.com for any printing or download questions. 


I may, without prior notice, change the services; stop providing the services or any features of the services I offer; or create limits for the services. I may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.


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 Kate Lab and Kate Creates 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.


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.


I may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in my my sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.


You agree to indemnify and hold Kate Creates LCC 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.


To the maximum extent permitted by applicable law, in no event shall Kate Lab or Kate Creates 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, Kate Lab or Kate Creates 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 my  service; and (iii) any unauthorized access to or use of my  secure servers and/or any and all personal information stored therein.


I reserve the right to modify these terms from time to time at my  sole discretion. Therefore, you should review these page periodically. When I change the Terms in a material manner, I will notify you that material changes have been made to the Terms. Your continued use of the Website or my  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.


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 me at any time. 


These Terms, 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 United States of America/ Pennsylvania, 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 Lancaster, PA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

KATE CREATES

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