Terms of Use

Agreement between User and Kim Haines Creations

 

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

 

Kim Haines Creations (and kimhainescreations.com) is a product and service company offering Fine Art Paintings, Commissioned Paintings, Reproductions, Other Products and Goods.

 

RIGHTS TO ARTWORK AND IMAGES

All artwork, images, and graphics are the sole property of Kim Haines and may not be used by any third party without written permission.  

Copying or reproducing artwork created by Kim Haines (as seen on kimhainescreations.com, or elsewhere) is strictly prohibited without written permission from the artist.  

Kim Haines Creations retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business.

Kim Haines Creations retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.

Kim Haines Creations retains the right to make reproductions of any and all artwork created by Kim Haines unless the collector has purchased the full or partial rights to the artwork in addition to purchasing the original artwork.

Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork. 

Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artists name).

All other uses must be agreed to in advance in writing. 

 

ELECTRONIC COMMUNICATIONS

Visiting kimhainescreations.com or sending emails to Kim Haines constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

  

CHILDREN UNDER THIRTEEN

Kim Haines Creations does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use kimhainescreations.com only with permission of a parent or guardian.

 

CANCELLATION/REFUND POLICY

Reproductions and non-original products: Due to the fact that all artworks are made to order, I can not accept returns or exchanges as I do not hold stock. In special situations I have been able to accept an exchange but for good reason, if you aren't sure it won't hurt to email me and see if you can qualify for an exchange. If the product has arrived faulty for any reason please get in touch ASAP via the Contact Form so I can rectify the situation.

Original Paintings: All sales of original artwork are final. Orders cancelled within the first 24 hours will incur a 20% restocking & re-marketing fee.

I am not liable for any mishandling or failed delivery by the shipping service (AUS Post).

 

LINKS TO THIRD PARTY SITES

kimhainescreations.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kim Haines Creations and Kim Haines Creations 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. Kim Haines Creations is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kim Haines Creations of the site or any association with its operators.

 

NO PROHIBITED USE

You are granted a non-exclusive, non-transferable, revocable license to access and use kimhainescreations.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kim Haines Creations that you will not use the 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 Kim Haines Creations or interfere with any other party's 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.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kim Haines Creations or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kim Haines Creations content is not for resale.

 

INTERNATIONAL USERS

The Service is controlled, operated and administered by Kim Haines Creations from within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Kim Haines Creations Content accessed through kimhainescreations.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

INDEMNIFICATION

You agree to defend and hold harmless Kim Haines Creations, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable lawyer's fees) relating to or arising out of your use of or inability to use the Site or 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. Kim Haines Creations reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kim Haines Creations in asserting any available defences.

 

LIABILITY DISCLAIMER

THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION. KIM HAINES CREATIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KIM HAINES CREATIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE PRODUCTS AND SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KIM HAINES CREATIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE PRODUCT, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIM HAINES CREATIONS 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 THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY 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 KIM HAINES CREATIONS 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.

 

CHANGES TO TERMS

Kim Haines Creations reserves the right, in its sole discretion, to change the Terms under which kimhainescreations.com is offered. The most current version of the Terms will supersede all previous versions. Kim Haines Creations encourages you to periodically review the Terms to stay informed of any updates.

 

CONTACT

Kim Haines Creations welcomes your questions or comments regarding the Terms via the Contact Form.

 

 

Effective as of 1 July, 2019