Terms and Conditions of Use

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Terms and Conditions for Windswept Artworks

Effective as of February 10th, 2024

Agreement Between User and Windswept Artworks (Terms) 

Welcome to Windswept Artworks.  The Windswept Artworks website ( Site) is comprised of various web pages operated by Windswept Artworks. Windswept Artworks is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein the terms. Your use of Windswept Artworks constitutes your agreement to all such terms. Please read these Terms carefully and keep up copy of them for your reference.

Windswept Artworks is an art Site established to exhibit and sell artwork by Karalee Norris.

Privacy 

Your use of Windswept Artworks is subject to Windswept Artwork’s privacy policy. Please review our privacy policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Windswept Artworks or sending emails to Windswept Artworks constitutes electronic communication. You consent to receive electronic communication and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.

Children under thirteen (13)

Windswept Artworks does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under 18 you may use Windswept Artworks only with permission of a parent or guardian.

Links to Third-Party Sites/Third-Party Services

Windswept Artworks may contain links to other websites. The linked Sites are not under the control of Windswept Artworks and Windswept Artworks is not responsible for the contents of any linked Site including, without limitation, any link contained in a linked Site, or any changes or updates to a linked Site. Windswept Artworks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Windswept Artworks of the Site or any association with its operators.

Certain services made available via Windswept Artworks are offered by Third-Party Sites and organizations by using any product, service, or functionality originating from the Windswept Artworks domain. you hereby acknowledge and consent that Windswept Artworks  may share such information and data with any Third-Party with whom Windswept Artworks has a contractual relationship to provide the requested product, service, or functionality on behalf of Windswept Artworks’ users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Windswept Artworks strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Windswept Artworks that you will not use this Site for any purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other parties use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Third Party Accounts

You will be able to connect your Windswept Artworks account to Third-Party accounts. By connecting your Windswept Artworks  account to your Third-Party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those Third-Party Sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The service is controlled, operated, and administered by Windswept Artworks from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Windswept Artworks content accessed through Windswept Artworks in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Windswept Artworks, its officers, directors, employees, agent, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site more services, any user postings made by you, your violation of any Terms of this agreement or your violation of any rights of a Third-Party, or your violation of any applicable laws, rules, or regulations. Windswept Artworks reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Windswept Artworks in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such disputes shall be resolved only by final and binding arbitration pursuant to the federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action proceeding or arbitration arises out of concerns out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provisions shall serve vibe the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’s INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Windswept Artworks agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH THE SITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WINDSWEPT ARTWORKS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WINDSWEPT ARTWORKS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WINDSWEPT ARTWORKS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANDISE ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINDSWEPT ARTWORKS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WINDSWEPT ARTWORKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Windswept Artworks reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Windswept Artworks as a result of this agreement or use of this Site. Windswept Artworks’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Windswept Artworks’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, or information provided to or gathered by Windswept Artworks with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liabilities limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and forcible provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Windswept Artworks with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Windswept Artworks with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same Conditions as other business documents and records originally generated and maintained in printed form. It is the expressed wish to the parties that this Agreement and all related documents be written in English.

Change to Terms

Windswept Artworks reserves the right, in its sole discretion, to change the Terms under which Windswept Artworks is offered. The most current version of the Terms will supersede all previous versions. Windswept Artworks encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Windswept Artworks welcomes your questions or comments regarding these Terms.

Email: windsweptartworks@gmail.com

Telephone Number: 707-564-3154

Mailing Address: 

Windswept Artworks 

5738 Weber Rd.

Vacaville, CA 95687