Monica Arts logo MA only: created by Monica Monaghan-Milstein for MonicaArts Design LLC
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Terms and Conditions

Last Updated on February 5, 2023

Thank you for visiting the MonicaArts Design Studio (studio.monicaartsdesign.com).Web site (the “Site”). studio.monicaartsdesign.com (“we,” “us,” “our”) wants you, as a visitor to the Site (“you”) to have a positive experience, so we have established the following terms and conditions so that we and you know what to expect from each other. By using the Site you agree to be bound by these Terms of Use. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes.

About Our Products

  • All original designs created by MonicaArts Design remain the rights and property of Monica Arts Design LLC, all rights reserved. Any violations of these rights of protection will be subject to legal action.
  • We will gladly discuss & consider custom commission designs. Please submit a request by contacting us directly.
  • Please be aware that every monitor displays colors somewhat differently.
  • MonicaArts Design Studio reserves the right to not process a request, if the required information is incomplete.

Privacy

Please review our Privacy Policy which also governs your use of our Site and the information you provide to us, to understand our practices.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All original designs created by MonicaArts Design LLC remain the rights and property of Monica Arts Design LLC, all rights reserved. Any violations of these rights of protection will be subject to legal action.

Your Obligations

In consideration of your use of the Site, you agree to:

  1.  Provide true, accurate, current and complete information about yourself as prompted by the inquiry form.

For more information, please see our full privacy policy.

Site Content

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, including trademarks, without obtaining permission of the owner of the copyright or other proprietary right. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes.

We respect the intellectual property of others, and we ask our users to do the same.

Limitation of Liability and Disclaimer

THE SITE IS PROVIDED ON AN “AS SHOWN” BASIS, AND STORE@MONICAARTSDESIGN.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE. STUDIO@MONICAARTSDESIGN.COM HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE AND THE AVAILABLE DESIGNS ON THE SITE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SITE; (2) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Our Rights

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or us.

Links to Third Party Sites

Occasionally, we may make available a link to a third party’s website. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

Submission of Comments and Suggestions

We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You submit comments, suggestions, concerns or other material (“Submissions”) to us via email at info@monicaartsdesign.com. In your Submission, you may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assume no liability for any Submission posted by you or any other person or entity.

Applicable Laws

We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the State of Oregon, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Portland, Oregon for any disputes or controversies arising out of or related to these Terms of Use or your use of the Site.

Termination

These terms are effective until terminated by either party; provided that we may unilaterally change these terms with or without notice at any time. These terms of use may be updated from time to time, so it is recommended that you check back to review such terms of use intermittently. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Miscellaneous

These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legally binding effect.

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