terms and conditions — Jaclyn Wolf Creations

Terms of Use

Last Updated July 10, 2020

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials. By placing an order for the purchase and sale of our original artwork in inventory, including prints thereof and numbered limited editions (“Inventory Artwork”) or for commissioning original artwork (“Commissioned Artwork;” together Inventory Artwork and Commissioned Artwork are collectively “Artwork.”), you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms of use and you affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms of use.

You may not order or obtain Artwork from this Site if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Jaclyn Wolf Creations LLC, or (c) are prohibited from accessing or using this Site or any of this Site's contents, goods or by applicable law.

These terms of use (these "Terms") apply to the purchase and sale of our Artwork through JaclynWolfCreations.com (the "Site"). These Terms are subject to change by Jaclyn Wolf Creations LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any Inventory Artwork or commissioning original artwork available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. You should also carefully review our Privacy Policy before placing an order for Artwork through this Site (see Section 13).

Intellectual Property Rights.

(a) The Artwork: Jaclyn Wolf Creations LLC reserves all reproduction rights, including the right to claim statutory copyright, in the Artwork. The Artwork may not be photographed, sketched, painted, or reproduced in any manner whatsoever without the express, written consent of Jaclyn Wolf Creations LLC. All approved reproductions shall bear the following copyright notice: “© by Jaclyn Wolf Creations LLC 202__."

(b) The Site:

(i) The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

(ii) These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.

(iii) You must not:

(A) Modify copies of any materials from this site.

(B) Use any illustrations, photographs, Artwork, video or audio sequences or any graphics separately from the accompanying text.

(C) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

(D) Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

(iv) If you wish to make any use of material on the Site other than that set out in this section, please address your request to: Legal@JaclynWolfCreations.com

(v) If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

2. User Contributions: The Site may contain message boards, chat rooms, forums, bulletin boards comments, ratings and other interactive features

(collectively, "Interactive Services") that allow users to post, upload, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials, (collectively, "User Contributions") on or through the Site.

(a) Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and other service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties using the Site any such material for any purpose.

(b) You represent and warrant that:

(i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

(ii) All of your User Contributions do and will comply with these Terms of Use.

(iii) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

(iv) We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

3. Copyright Infringement: We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

(a) If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company:

Jaclyn Wolf Creations, LLC

c/o DMCA Compliance

Legal@jaclynwolfcreations.com.

4. Reliance on Information Posted: The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

5. Linking to the Site and Social Media Features: You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

(a) The Site may provide certain social media features that enable you to:

(i) Link from your own or certain third-party websites to certain content on the Site.

(ii) Send emails or other communications with certain content, or links to certain content, on the Site.

(iii) Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

(iv) You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms of use we provide with respect to such features. Subject to the foregoing, you must not:

(A) Establish a link from any Site that is not owned by you.

(B) Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

(D) Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.

(E) You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

(F) We may disable all or any social media features and any links at any time without notice in our discretion.

6. Links from the Site: If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links from the Site, you do so entirely at your own risk and subject to the terms of use of use for such third-party Sites.

7. Geographic Restrictions. The owner of the Site is based in the State of New Jersey in the United States. Although we acknowledge that the Site may be accessed by persons located throughout the world, we make no claims that the Site or any of its contents are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

8. Commercial Terms

(a) Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Inventory Artwork and commissioning original artwork listed in your order. All orders must be accepted by us or we will not be obligated to sell the Inventory Artwork or create Commissioned Artwork for you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

(b) Prices, Payment Terms and other Terms for Inventory Artwork.

(i) You understand and agree that we use commercially reasonable efforts to display the colors of Inventory Artwork accurately via the Site. However, because individual computer monitors may display colors differently, we are not responsible for the color accuracy of any Inventory Artwork displayed on the Site and disclaim all liability in this regard.

(ii) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(iii) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms of use separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(iv) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept certified, bank or cashier’s checks, Venmo, credit cards and use PayPal and Stripe as payment service providers for certain purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

(v) Returns and Refunds.

(A) We will accept a return of Inventory Artwork for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment with valid proof of purchase and provided such Inventory Artwork is returned in its original condition. To return Inventory Artwork, you must call 1-609-682-0144 to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.

(B) You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

(C) Refunds are processed within approximately five business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. We offer no refunds on any Inventory Artwork designated on this Site as non-returnable.

(i) Commissioned Artwork requires you and us to execute a separate agreement off of the Site, which sets forth the specific details of the Commission before any work is undertaken (“Commission Agreement”).

(ii) We have the right to refuse any Commission request, for any reason without explanation.

(iii) We reserve the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate with us, or a breach of these Terms of Use.

(iv) We will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law.

(v) By commissioning us, you are purchasing our labor only. We retain all copyright rights to the Commissioned Artwork, which include but are not limited to: Distribution, reproduction, use of the Commissioned Artwork for our promotional purposes.

(vi) You may not distribute, reproduce, or otherwise profit from the Commissioned Artwork, beyond the resale of the original, Commission Artwork.

(vii) You may not edit, alter, or trace the Commissioned Artwork without our expressed, written permission, or as agreed upon in the Commission Agreement prior to start of work.

(viii) You must obtain written permission from us prior to displaying the Commissioned Artwork in a public space if not already defined in the Commission Agreement; additional fees may apply.

(ix) Commissioned Artwork in digital format will be provided to you via email or an online download location in .jpeg format. We are not responsible for the cost of shipping a Commissioned Artwork in any form; you are responsible for all shipment costs.

(x) You may request a preview of the Commissioned Artwork at any time during the creation process but may not request changes to the Commissioned Artwork after Start of Work, unless a change process is agreed upon in the Commission Agreement prior to Start of Work.

(xi) You may not incorporate the Commissioned Artwork in another work of art (or another Artist’s Commissioned Artwork).

(xii) Refunds may only be issued if you notify us prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms or the Commission Agreement are breached. Additionally, we have the right to revoke access to, and stop work of, the Commissioned Artwork at any time after Start of Work if these Terms or the Commission Agreement are breached.

9. Shipments; Delivery; Title and Risk of Loss.

(i) We will arrange for shipment of the Inventory Artwork and Commissioned Artwork to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(ii) Title and risk of loss pass to you upon our transfer of the Inventory Artwork to the carrier/delivery agent. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

10. No Warranty. All artwork offered on this site is provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.

11. Limitation of Liability. In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Artwork you have ordered through our site.

The limitation of liability set forth above shall : (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

12. Artwork Not for Resale or Export. You represent and warrant that you are buying the Artwork from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

13. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, www.jaclynwolfcreations.com, governs the processing of all personal data collected from you in connection with your purchase of Inventory Artwork or commissioning original artwork through the Site.

14. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), or other terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, or other public health emergencies, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

15. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey.

16. Dispute Resolution and Binding Arbitration.

(a) You and Jaclyn Wolf Creations LLC are agreeing to give up any rights to litigate claims in a court or before a jury. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of inventory artwork or commissioning original artwork through the site, will be resolved exclusively and finally by binding arbitration.

(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

(c) You agree to an arbitration on an individual basis. In any dispute, neither you nor Jaclyn Wolf Creations LLC will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

17. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

18. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Jaclyn Wolf Creations LLC.

19. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

20. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must email us at: Legal@JaclynWolfCreations.com.

21. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

22. Entire Agreement. Our order confirmation, our Site Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.