top of page

Terms Of Service

Welcome to Kristen Harper Fine Art! These Terms of Use ("Terms") govern your access to and use of kristenharper.com (the "Website"), including any content, functionality, and services offered on or through the Website. The Terms

apply to the sale of a Kristen Harper Art Original Painting or Print (the "Artwork") by Kristen Harper (the "artist") to you.  Please read these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Website.

 

1. Acceptance of Terms

By accessing or using the Website, you affirm that you are of legal age to enter into these Terms or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. If you do not have the legal capacity to enter into these Terms, you may not use the Website.

2. Changes to Terms

We reserve the right to modify or revise these Terms at any time, without notice, and your continued use of the Website after such changes signifies your acceptance of the updated or revised Terms. It is your responsibility to review these Terms periodically to stay informed of any changes.

3. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of kristenharper.com or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any content on the Website without the prior written consent of kristenharper.com.

4. User Content

By submitting or posting any content on the Website, including but not limited to comments, feedback, or artwork ("User Content"), you grant kristenharper.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to submit or post User Content and to grant the rights granted herein.

5. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable law or regulation;

  • Infringing the rights of others, including intellectual property rights;

  • Impersonating any person or entity or misrepresenting your affiliation with any person or entity;

  • Interfering with or disrupting the operation of the Website or servers or networks connected to the Website;

  • Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website.

 

6. Disclaimer of Warranties

The website is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permitted by the law, kristenharper.com disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

In no event shall kristenharoer.com or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if kristenharper.com has been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify and hold kristenharper.com and its officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or your violation of these Terms.

9. Promotional emails and consent

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Canada.

11. Ownership Of The Artwork Copyright

11.1 The Artwork was produced with the intention that it will be sold exclusively through kristenharper.com or any other outlet approved by the Artist. It is the Artist’s expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment
. 

11.2 In addition, but without prejudice to your undertakings set out at condition 5.1 above, you may not sell or offer to sell the Artwork on any internet-based site of any description.


11.3 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall remain the property of the Artist at all times.


11.4 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction of any image of the Artwork to any third party, including any internet website, for any purpose.


11.5 If you breach any of your obligations set out under condition 5.3 you agree that the payment of damages alone may not be a sufficient remedy to compensate The Coningsby or the Artist for any such breach. We and/or the Artist may carry out all or any of the following actions:


(a) Apply to the Court seeking an Order to prevent you from continuing to breach your obligations under these Terms and Conditions;


(b) Apply to the Court seeking an Order that the Artwork or any item or items produced in breach of these Terms and Conditions shall be delivered up to us carriage paid;


(c) Apply to the Court seeking an Order to require that any items produced in breach of these Terms and Conditions shall be destroyed; or


(d) Apply to the Court seeking an Order to require that any offer for sale or image of the Artwork placed by you (whether directly or indirectly) on any internet website is removed.


11.6 The list set out above is not exhaustive and you will indemnify us in respect of the cost of any steps taken pursuant to condition 5.5 as a result of your breach of these Terms and Conditions.



12. Title and Risk

As soon as the purchase price is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you.

13. Data Protection

We may collect, hold, control, use and transmit personally identifiable information obtained from you in the course of your purchase of the Artwork. By agreeing to these Terms and Conditions you agree to such information being used in these ways and for such information to be disclosed to the Artist if you are in breach of your obligations under these terms and conditions.

 

14. Contact Us

 

If you have any questions about these Terms, please contact us at kristenharperart@gmail.com.

 

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Last updated: February 9, 2024

bottom of page