Your use of the Kristin Replogle Art, LLC website (this “Website”) is governed by the policies, terms, and conditions set forth below (this “Agreement”). Please read this Agreement carefully. By using this Website, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below in this Agreement. If you do not agree to these terms and conditions, please do not use this Website. Kristin Replogle Art, LLC (the “LLC”) reserves the right to make changes to this Website and to these terms and conditions of this Agreement at any time. Any such modifications shall become effective upon the date they are first posted to this Website.
Original Artwork – All original artwork is packaged carefully and will be shipped in 3-5 business days of your order. Of course, commissioned pieces are handled on a case by case basis.
Prints – All prints are made on demand, as ordered herein, and, therefore, are shipped in 5-7 business days of your order.
International Shipping – We are happy to have customers around the world, and we ship artwork and related products to our customers all over the world. However, shipping rates vary internationally. Please, therefore, contact us before you place your order so that we may provide you with a shipping quote.
Christmas Orders – Shipping prior to Christmas can be unpredictable, so we cannot guarantee actual delivery dates. Therefore, please allow extra time in December.
All other Orders – all other items purchased on this Website will ship in 1-3 business days and will arrive via USPS 1st Class or USPS Priority Mail.
Copyright and Trademark Notice
All artwork, including, but not limited to, paintings, drawings, multimedia, prints, and the like, appearing on this Website, and all screens appearing on this Website, including graphics, interfaces, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are copyrighted by Kristin C. Replogle and the LLC, or are the sole property of the LLC and/or third-parties protected by intellectual property rights. Copyright © 2018 Kristin Replogle Art, LLC, unless otherwise specified. Buying artwork on this Website does not transfer any copyrights to you.
All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, publication, conversion, or commercial exploitation of any copyrighted material is strictly prohibited without the express, prior written consent of the copyright owner, the LLC or its managing member Kristin C. Replogle, or without the direct sale of any artwork by Kristin Replogle through the LLC to you. Accordingly, you agree that you will not use any robot, spider, or other automatic device or manual process to copy the artwork or web pages on this Website or the content contained therein.
Further, the LLC by and through its managing member Kristin C. Replogle not only retains all rights to the artwork herein, but also retains all rights to commissioned, original paintings and the right to make reproductions of any and all artwork created by Kristin C. Replogle, unless you, the collector/buyer, purchase the full or partial rights to any particular artwork (which payment for such rights is in addition to the purchase of an original piece). Inasmuch as the LLC retains all rights to commissioned pieces, you, the collector/buyer, may not reproduce commissioned pieces without the express, prior written consent of the LLC, by and through its managing member Kristin C. Replogle. Upon your purchase of an original piece of artwork from the LLC, you have the right to display the artwork in your home or business for all the world to see; but the artwork may not be reproduced or sold for profit without the express, prior written consent of the LLC.
Moreover, you agree to take no action or fail to take any action, which would adversely affect any copyright, trademark, or other proprietary mark that the LLC may own or have, including, without limitation, the artwork and screens on this Website and other proprietary marks listed above, or any other proprietary interest the LLC may have.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the LLC designates the following address of its agent for receipt of notifications of claimed copyright infringement:
THE REPLOGLE FIRM, P.C.
1820 The Exchange, Suite 150
Atlanta, Georgia 30339
By Telephone: 770-952-5000
The LLC, that is, we, strive to make our customers happy. All items are created, handled, and packaged with care. However, all sales are final except in certain situations if your purchase has been damaged in shipping.
The LLC retains the right, at its sole discretion, to terminate any users involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.
This Website is operated and provided in the State of Georgia. As such, the laws of the State of Georgia and any applicable federal law will govern this Agreement, without giving effect to any choice of law rules. The LLC makes no representation that this Website is appropriate, legal, or available for use in other locations. Accordingly, each user who chooses to access this Website agrees to do so subject to the laws of the State of Georgia.
Compliance with Laws and Prohibited Uses
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use this Website or the artwork hereon in any way that violates applicable local, state, federal, or international laws, regulations, or other government requirements. You further agree not to use this Website or the artwork hereon in any way that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law or regulation. You agree not use this Website or the artwork hereon to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; and further agree not to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, or the Internet; and further agree not to interfere with or circumvent the security features of this Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of this Website for violating any of the prohibited uses.
Site Content and Information
This Website contains information, artwork, and related products that is provided for your convenience and enjoyment. You should be aware that the information herein may contain errors, omissions, or inaccuracies. The LLC makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information on this Website and shall not be liable for any lack of the foregoing. We do not guarantee, represent, or warrant that your use of this Website will be uninterrupted, timely, secure, or error-free. We have made every effort to display as accurately as possible the colors and images of our artwork and related products we have for sale; but we cannot guarantee that your computer monitor's display of any color will be completely accurate. You expressly agree that your use of, or inability to use, the service is at your sole risk. THE LLC MAKES NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE AND MAKES NO WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND YOU WAIVE ANY SUCH WARRANTIES WITH RESPECT TO THE ARTWORK OR USE OF THIS WEBSITE.
Changes to Terms and Conditions
You can review the most current version of the terms and conditions of service at any time at this page. However, we reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to this Website. It is your responsibility to check this Website periodically for changes. Your continued use of or access to this Website or the products and services herein following the posting of any changes to these terms and conditions constitutes acceptance of those changes.
You agree to indemnify, defend and hold harmless the LLC, its affiliates, shareholders, members, managers, employees, and agents from any claims, causes of action, damages, demands, lawsuits, liabilities, losses, and expenses (including reasonable attorney’s fees) made by any third-party and which arise or purport to arise from your use of the Website, your violation of this Agreement, your violations of any laws, or infringement by you or any other user hereof using your computer or personal information, of any intellectual property right or any other right of any person or entity. Additionally, you agree to release, indemnify, and hold harmless the LLC, its affiliates, shareholders, members, managers, employees, and agents from any claims, causes of action, damages, demands, lawsuits, liabilities, and expenses (including reasonable attorney’s fees) which arise from any other acts, not listed above, of you or your agents, representatives, affiliates, or guests.
Age of Consent
By using this Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given the LLC your consent to allow any of your minor dependents to use this Website.
Other General Terms
If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable without being impaired or invalidated in any way.
This Agreement supersedes all other agreements, either oral or in writing, between the parties with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to your use of this Website and the artwork contained herein.
Failure or delay of any party herein to insist upon compliance with any provision hereof shall not operate as, and is not to be construed as, a waiver of amendment of such provision or the right of the aggrieved party to insist upon compliance with such provision or to take remedial steps to seek relief for noncompliance. Any express waiver of any provision of this Agreement shall not operate, and is not to be construed, as a waiver of any subsequent breach, whether occurring under similar or dissimilar circumstances.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These terms are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our products and services (or any part thereof).
This Agreement or any section thereof shall not be construed against the LLC due to the fact that said Agreement or any section thereof was drafted by and for the LLC. Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof.