Terms of Use | kimberdean

Kimberly Dean, doing business as KIMBERDEAN ART + DESIGN (“Us” or “We”), provides the KIMBERDEAN ART + DESIGN site (kimberdean.com) and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you.

In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

By using this site, you agree to be bound by these Terms of Use. If you do not wish to be bound by these terms, please exit the site now. Your remedy for dissatisfaction with the site, or any products, services, content, or other information available on or through this site, is to stop using the site and/or those particular products or services. Your agreement with us regarding compliance with these terms of use becomes effective immediately upon your continued use of this site.

We expressly reserve the right to change these Terms of Use at any time without prior notice. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

Description of Services

We make various services available on this site including, but not limited to: creative consultations, commissioned artwork, original artwork, prints, and custom print pillows. You are responsible for the full payment for the purchased goods upon submitting your order, unless if you have an agreed upon payment plan with the seller. To ask about a no-interest, no-fees payment plan, email: hello@kimberdean.com

Registration Data + Privacy

We will always respect your privacy. If you subscribe to our newsletter, your contact information will not be sold or shared with anyone and will be used for the sole purpose of sharing news updates. If the content of this site is not bringing you joy, we encourage you to opt out.

Conduct on Site

Your use of this website is subject to all applicable laws and regulations. By using this website, you agree that you will not share, post, or otherwise distribute or facilitate distribution of any content (including text, images, data, or other information) that:

Infringes on any patent, trademark, copyright, right of publicity, or other proprietary right of any party;
Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation;
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site.

You agree that we may at any time, and at our sole discretion, discontinue your newsletter subscription or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property Information

For purposes of these Terms of Use, “content” is defined as any information, data, communications, photos, video, graphics, and other material and services that can be viewed by users on our website.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of KIMBERDEAN ART + DESIGN.

You are only permitted to use the digital content as expressly authorized by us or the specific content provider. Except for social media sharing, you accept that you will not download, reproduce, or distribute the digital material on this site. For written consent, please contact: hello@kimberdean.com

Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Unauthorized Use of Materials

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this website believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to hello@kimberdean.com immediately. Please include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.

2. Identify the material that you claim is infringing the copyrighted work.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Confirm that all details are accurate, honest and complete to the best of your knowledge.

5. Include your signature and send the statement to:

hello@kimberdean.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the Copyright Act of Canada for adjudication.

E-mail + Newsletter Services

We will not inspect or disclose the contents of private communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order.

UNDeliverED or DelayED SHIPMENT

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.