PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THE ARTISTS' (MONICA GUNDERSON) WEBSITE AND SERVICES, YOU HERBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPERATED HERIN BY PREFRENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PERSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSIVLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE ARTISTS' SITES OR THE ARTISTS' SERVICES.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with the Artists' clients and visitors which may interact or interface with Monica Gunderson, also known as the Artist, located in Modesto, California, in association with the use of the Artists' website, artaffective.com (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website and blog operated by Fine Artist Monica Gunderson. These Terms set forth the terms and conditions under which you may use the Artists' website and services provided by the Artist.
This website is the official website of Fine Artist Monica Gunderson featuring acrylic paintings on canvas, ink pen drawings, mixed media, upcycled art and other creative things. All artworks and handmade items listed in the Art Shop on the website, artaffective.com, are available for visitors and/or clients to purchase online. The Artist also has a blog that visitors and clients can comment and interact with the Artist as well as other users. By using or accessing the website services or online purchase, you approve that you have read and agree to be bound by these Terms.
The Artist (Monica Gunderson) is registered in Stanislaus County under 1293469 and with the Artists' registered office in Modesto, California. View the Artists' Business License and Sellers Permit.
Any and all visitors to the Artists' site shall be deemed as "users" of the herein contained Services provided for TOS.
COPYRIGHT AND OWNERSHIP OF CONTENT
Content and images published on this site such as images (both pictures/photos as well as artworks), graphics, text, logos, video and written content is the property of Monica Gunderson and is protected by United States Copyright Laws. The entire collection of artworks and content on this website, artaffective.com, is the exclusive property of Monica Gunderson along with the copyright authorship for this compilation by Monica Gunderson. For more details, visit the Artists' Copyright Policy.
COLOR OF ARTWORKS
You understand and agree that the Artist has made reasonable efforts in order to display the colors of the original artworks accurately on this website. Each individual monitor, cell phone, tablet or other device may display colors differently. Monica Gunderson is not responsible for the color accuracy on your computer monitor, cell phone, tablet or other device. This also applies to art prints, there may be color differences between the original artwork and the fine art print. The Artist does her best to match colors accurately, but color differiances within art prints verses original artwork may exist.
Monica Gunderson shall reserve the right at any time that may deem fit to modify, alter, increase and/or decrease prices, change shipping and handling rates, update services, change of tax rates and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, the Artist shall not be held liable to you or any third party for any such modification, alteration, suspension, and/or discontinuation of the Artists' services or any part thereof.
THIRD PARTY SERVICES
This website uses third party services and applications that make their services available on this site. When you access third party applications or services or applications, you are bound by the terms and policies of the third party.
Upon purchase of Services and/or Products, you herby acknowledge that by using artaffective.com to send electronic communications, which include, but are not limited to, email, searches, and instant message, contact form, you will be causing communications to be sent through the Artists' computer network. You also agree that all notices, disclosures, agreements and other communications sent electronically meet legal requirements that such communications be in writing. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
By visiting this website, you agree to all the laws of [your location] without regard to principles of conflict laws, shall govern these terms of service, or any sort that may come between you and Monica Gunderson.
COMMENTS, REVIEWS AND EMAILS
Visitors may post content in reply to the Artists' Blog posts as long as it is not obscene, threatening, harassing, illegal, infringing on intellectual rights, defamatory, invasive of privacy or injurious in any way towards the Artist or third parties. Content must be free of political campaign, software viruses and commercial solicitation. The Artist, Monica Gunderson, reserve all rights (but not the obligation) to remove offending posted content. When you make a public comment/pot within the Artists' Blog, you grant Monica Gunderson non-exclusive, royalty-free and irrevocable right to use, modify, reproduce, and publish such content in any of the Artists' online media.
You agree to indemnify and hold the website owner, Monica Gunderson, from any demands, loss, claims or expenses (including attorney's fees), made against them by any third party due to or arising from, or in connection with your use of the website or any services offered through the website.
On completion of your online purchase, you will receive a confirmation email from PayPal. Monica Gunderson will make reasonable efforts to package the artwork and ship it within seven (7) business days. Time frame may depend on seasonal/holiday, or for unforeseeable reasons such as sickness, weather conditions or acts of God. If Monica Gunderson is unable to ship the artwork in a timely manner, she will contact the buyer via phone call, email or text. Visit the Artists' Shipping and Handling page for more detailed information about her shipping and handling policies which includes damaged artwork upon shipment, as well as shipping and handling estimated pricing. At this time, Monica Gunderson is currently not shipping outside of the United States or the states of Alaska and Hawaii.
All sales are final, No Refunds, No Returns. Artwork is only refunded if it is damaged during shipment. For more information on how to handle damaged artwork upon shipment, visit the Shipping and Handling page and read the terms under "Damages".
If there are any problems or discrepancies with your purchase or otherwise, please contact the Artist, Monica Gunderson, within seven (7) calendar days of your receipt of your delivery via email to firstname.lastname@example.org.
STATE GOVERNING LAW
These terms and conditions are governed by the laws of the United States of America and the laws of the State of California. You agree and acknowledge that any action to enforce these Terms and Conditions will be brought solely to the State and Federal Courts located in Stanislaus County, California.
QUESTIONS OR CONCERNS
Last Updated: 03/19/2019
Monica Gunderson Fine Artist