Terms of Use

Website Terms and Conditions of Use

1. Terms

By accessing this website (the “Site”), the person(s) accessing the Site (“You” or “Your”) is agreeing to be bound by, and responsible for compliance with, the Website Terms and Conditions of Use (the “Terms of Use”) of Art in the Garden Studio, employees and assignees (collectively, “Art in the Garden Studio”) and all applicable laws and regulations, including applicable local laws. If You do not agree with any of the Terms of Use, You are prohibited from using or accessing the Site. The Materials contained in the Site are protected by applicable copyright and trademark laws.

2. Proprietary Rights

Notwithstanding anything to the contrary herein, Art in the Garden Studio owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, and software), code and date on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights and other intellectual property and proprietary rights therein (collectively, the “Materials”). Your use of the Site does not grant to You ownership of the Materials that You may access on or through the Site.

3. Use License

Permission is granted to access and view the Materials and, unless otherwise indicted in these Terms of Use, download one (1) copy of the Materials for personal, non-commercial transitory viewing only (the “License”). The License is not a transfer of title. Under the License, You may not:

  • Modify the Materials or copy the Materials more than one (1) time;

  • Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);

  • Attempt to decompile or reverse engineer the Materials;

  • Remove any copyright or other proprietary notations from the Materials; or

  • Transfer the Materials to any other person, or “mirror” the Materials on any other server.

The License shall automatically terminate if You violate any of the Terms of Use. The License may be terminated by Art in the Garden Studio at any time. Upon termination of the License, You must destroy any downloaded or copied Materials in Your possession whether in electronic or printed format.

4. Chargeback Policy

All references to a “chargeback” refer to a reversal of a credit or debit card charge placed on the Sites and/or at the Services initiated by You. There is no reason for a chargeback to ever be filed. If You feel that Your credit or debit card was used fraudulently on the Sites or at the Services, please contact Art in the Garden Studio for immediate resolution.

YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD ON THE SITES OR AT THE SERVICES. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU OR ANY AUTHORIZED USER OF THE CREDIT OR DEBIT CARD, YOU AGREE THAT ART IN THE GARDEN STUDIO MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO FEES BY ANY MEANS DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, RECHARGING YOUR CREDIT OR DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.

5. Disclaimer

THE MATERIALS ON THE SITE ARE PROVIDED “AS IS”. ART IN THE GARDEN STUDIO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, ART IN THE GARDEN STUDIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR ON ANY SITES LINKED TO THE SITE.

6. Limitations

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ART IN THE GARDEN STUDIO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF ART INT THE GARDEN STUDIO HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

7. Indemnification

You agree to defend, indemnify and hold Art in the Garden Studio harmless from any and all claims, demands, causes of action, costs, expenses, attorney’s fees, damages or liabilities of any kind arising out of or relating, in whole or in part, to the use or inability to use the Site or the Materials on the Site, or Your breach or violation of the law or of these Terms of Use.

8. Revisions and Errata

The Materials appearing on the Site may include technical, typographical, or photographic errors. Art in the Garden Studio does not warrant that any of the Materials on the Site are accurate, complete, or current. Art in the Garden Studio may make changes to the Materials contained on the Site at any time without notice. Art in the Garden Studio does not, however, make any commitment to

update the Materials.

9. Links

Art in the Garden Studio has not reviewed all of the websites linked to the Site and is not responsible for the content of any such linked websites. The inclusion of any link to a website does not imply endorsement by Art in the Garden Studio of such website, and the use of any such linked web site is at Your own risk.

10. Terms of Use Modifications

Art in the Garden Studio may revise the Terms of Use for the Site at any time without notice. By accessing the site, you are agreeing to be bound by the then-current version of the Terms of Use.

11. Governing Law

Any claim relating to the Site or the Terms of Use shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.