Last updated: May 3, 2022 Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://brookegolden.com website (the “Service”) operated by 2 Fish Creative, LLC (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. 2 Fish Creative, LLC (and http://brookegolden.com) offers Fine Art Paintings, Reproductions, Other Products & Goods, Courses, Classes, Workshops, Resources, Mentorship, Consultations, and other products or services. Intellectual PropertyThe Service and its original content, features, and functionality are and will remain the exclusive property of 2 Fish Creative, LLC and its licensors. All artwork, images, and graphics are the sole property of 2 Fish Creative, LLC and may not be used by any third party without written permission. Copying or reproducing artwork created by 2 Fish Creative, LLC (as seen on http://brookegolden.com, or elsewhere) is strictly prohibited without written permission from the artist.
BUYERS OF ORIGINALS OR 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 third-party publication (such as social media, magazine, or book) must come with attribution (artwork title, artist’s name). All other uses must be agreed to in advance in writing. Cancellation/Refund PolicyReproductions and non-original products: You may cancel your order within the first 24 hours. After 24 hours a 20% restocking fee will be applied. Returns and exchanges are handled on a case-by-case basis. We are not liable for any mishandling or failed delivery by the shipping service (USPS, UPS, or FedEx). If there is an issue, please contact hello@brookegolden.com within 7 days of receiving your artwork. Original Paintings: All sales of original artwork are final. Orders canceled within the first 24 hours will incur a 25% restocking & re-marketing fee. Returns or exchanges of original work are not available except for the most extreme situations. Your AccountIf you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 2 Fish Creative, LLC is not responsible for third-party access to your account that results from theft or misappropriation of your account. 2 Fish Creative, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion. Links To Other WebsitesOur Service may contain links to third-party websites or services that are not owned or controlled by 2 Fish Creative, LLC. 2 Fish Creative, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that 2 Fish Creative, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. No Unlawful or Prohibited Use/Intellectual PropertyYou are granted a non-exclusive, non-transferable, revocable license to access and use http://brookegolden.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to 2 Fish Creative, LLC 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 2 Fish Creative, LLC 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 2 Fish Creative, LLC 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. 2 Fish Creative, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of 2 Fish Creative, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of 2 Fish Creative, LLC or our licensors except as expressly authorized by these Terms. International Users2 Fish Creative, LLC (and http://brookegolden.com) is controlled, operated, and administered by 2 Fish Creative, LLC within the USA. If you access the site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 2 Fish Creative, LLC content accessed through http://brookegolden.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. SecurityPayment information is not retained by 2 Fish Creative, LLC and we take precautions to protect your information during this process. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way through a Payment Processing System (Stripe). TerminationWe may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Liability DisclaimerYour use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied. There may be inaccuracies, errors, typographical mistakes, and all sorts of messes on this website and in the content in general. We reserve the right to change any and all of it. 2 Fish Creative, LLC shall not be held liable for any direct, indirect, incidental, special, or consequential damages caused by this website or any third party. If you are not happy with this website, you don’t have to use it. Governing LawThese Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. ChangesWe reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Contact UsIf you have any questions about these Terms, please contact us. |