website Disclaimer
This disclaimer sets forth the general guidelines, disclosures, and terms of your use of the www.emilykretschmerart.com website and any of its related products and services. This Disclaimer is a legally binding agreement between you and this Website operator. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Disclaimer. If you are entering into this Disclaimer on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Disclaimer, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Disclaimer, you must not accept this Disclaimer and may not access and use the Website and Services. You acknowledge that this Disclaimer is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE.
Your use of the Emily Kretschmer website, including its on-line store, is conditioned upon your acceptance of these legal terms of use. Emily Kretschmer Art reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to you. It is your responsibility to review these legal terms of use periodically for updates.
Rights to Copy, Contents and Intellectual Property
Please note that this website and its entire contents are protected under the State of Texas, United States of America, Copyright Laws and Regulations in its entirety as well as The United States of America Federal Copyright Laws and Regulations in its entirety and any associated International Treaties and Copyright Laws. Violating Copyright (Rights to Copy, Contents and Intellectual Property) of Emily Kretschmer Art directly or indirectly in any way is a Federal Crime and may result in International Prosecution.
The copyrights to all original materials, content, selection, and arrangement of the website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Emily Kretschmer Art. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Emily Kretschmer Art.
Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this website is owned or licensed by Emily Kretschmer Art and may not be used by You without the prior written consent of Emily Kretschmer Art. Your use of this website does not grant you any right, title, interest or license to any such intellectual property appearing on this website. Any unauthorized use of the content of this website may subject you to civil or criminal penalties.
Disclaimers
Emily Kretschmer Art reserves the right to add artworks to, or remove from, the website without prior notice. Changes or updates to the content of this site may occur without notice. No content on this site shall add to or change any contract for products or services you may have with Emily Kretschmer Art.
While every endeavour has been made to supply accurate information, errors and omissions may occur. Accordingly, Emily Kretschmer Art does not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this site.
Color Disclaimer: Original art works are reproduced in an extremely sophisticated way to reflect each color as exact as possible. Therefore when you purchase an original piece or a reproduction, you are guaranteed that the original or reproduction (each reproduction) will be delivered to you according to the calibrated system the artist uses to produce and display work as accurately as possible on-line. Each reproduced art work will be an exact replica of the original. However: actual colors of art works (both original and reproduced) may appear different in actual reality than on your computer screen or mobile device. This is due to the fact that every computer monitor has a different capability to display colors and that everyone sees these colors differently. Therefore we cannot guarantee that the color you see on your screen accurately portrays the true color of the actual art work. Emily Kretschmer Art, its parents, affiliates, subsidiaries, or third party licensors cannot be held liable in any way for differences between the display of the work you view on-line or on your device(s) and the actual art work (original or reproduced) received.
Size Disclaimer: Art works are estimated at the most accurate sizes possible. Art works are manufactured by a custom / handcrafted process that cannot always guarantee exact dimensions. Therefore sizes may vary very slightly. For example an art work that is 60” x 50” may actually measure 60.05 x 49.9. This is also because art surfaces (canvas, paper, etc.) are often handmade (not exact) and affected by environmental changes (may for instance expand or contract in ways that are outside of the artist’s control). Emily Kretschmer Art, its parents, affiliates, subsidiaries, or third party licensors cannot be held liable in any way for slight differences between the desired size of the work you view on-line and the actual art work (original or reproduced) received.
Shipping & Handling Disclaimer: Art works are shipped according to the highest standards of packaging and protecting the work. Original art works will be shipped with insurance. Both original and reproduced works are fragile and can be damaged easily once opened or handled. Great care needs to be taken when works are unpacked from the shipping material and containers as to not damage an art work. Emily Kretschmer Art, cannot be held liable in any way for damaged or destroyed work unless the customer can prove that damage occurred due to insufficient shipping standards and not as a result of unpacking, handling or attempting to transport or frame the work after the fact.
Using this Website
Emily Kretschmer Art maintains this website for your personal purchases, entertainment, information and education. You should feel free to browse the website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide.
All commercial use of all or part of this Website is prohibited except under Emily Kretschmer Art express written consent. All rights not expressly granted here are reserved to Emily Kretschmer Art. You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of the website or content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the website. Tools that use the website shall be considered agents of the individuals who control or author them.
Limitation of Liability
In no event shall Emily Kretschmer Art, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or your browsing in, or your inks to other websites from, this website. You acknowledge by your use of this website, that your use of this website is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.
No Guarantees or Warranties Provided
Emily Kretschmer Art assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, text, images, video or audio from the website or any linked website(s). Emily Kretschmer Art DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR ACCURACY.
Indemnification
You agree to defend, indemnify and hold Emily Kretschmer Art, its parents, affiliates, or subsidiaries harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your use of the website.
AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE.
Contact Information
Emily Kretschmer Art welcomes your questions or comments regarding this Website Disclaimer. If you believe that Emily Kretschmer Art has not adhered to this Statement, please contact Emily Kretschmer Art at:
Emily Kretschmer Art
Email Address:
Effective as of February 4, 2021