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Susannah Fisher

Terms and Conditions of Use

Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ smfisherart.com

Last Updated on 3 December, 2020

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​Our​ ​products,​ ​including​ ​online​ ​courses.

GENERAL PROVISIONS

This website is owned and operated by Susannah Fisher. Our principal place of business is located at Post Office Box 22, Salsbury Cove, Maine 04672.

You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Susannah Fisher, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.

SECURITY​ ​AND​ ​ASSUMPTION​ ​OF​ ​RISK 

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe or PayPal​. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

CONFIDENTIALITY

​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. 

ASSUMPTION​ ​OF​ ​RISK

​By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

YOUR COMMUNICATIONS

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by United States of America law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at susannah@smfisherart.com.

THIRD​ ​PARTY​ ​DISCLAIMER

​You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You. 

WARRANTIES​ ​DISCLAIMER

​WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. 

INDEMNIFICATION,​ ​LIMITATION​ ​OF​ ​LIABILITY,​ ​AND​ ​RELEASE​ ​OF​ ​CLAIMS

AFFILIATES

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

TERMINATION

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

ENTIRE AGREEMENT

Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

LAW AND JURISDICTION

These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United States of America law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Maine, United States of America.

CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.

If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at susannah@smfisherart.com.

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Special Terms and Conditions for purchasing custom artwork/Commissions

Your purchase of custom artwork from Susannah Fisher enters you into agreement of the terms and conditions as follows:

Relationship of the Parties: The parties agree that Susannah Fisher is an independent contractor and that neither Susannah Fisher nor Susannah Fisher’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artwork or any other deliverables prepared by Susannah Fisher shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

Fees: A non-refundable 50% retainer is required prior to the creation of the artwork. Final payment is required before final file delivery. No files will be delivered before payment is paid in full.

Creation: The manner and method of creating any artwork is solely at the discretion of Susannah Fisher, and the Client has no right to control Artist’s manner and method of performance under this Agreement. Artist will use his/her best efforts to: (a) ensure that the artwork conforms to Client’s specifications; and (b) submit all Images to Client in publishable quality, on or before the applicable deadlines. 

Proofing: If any time the job changes to an extent that substantially alters the specifications as described in the original estimate, we will submit a proposal revision memo to you and a revised fee will be agreed upon by both the CLIENT and SUSANNAH FISHER before moving forward with the object.

Custom artwork include THREE rounds of proofing and revisions. Further revisions start at $50 per revision. Please note that the more rounds it takes, the longer your completion date will be pushed back. A REVISION IS NOT A REDESIGN. A complete redesign or new custom artwork may invoke additional design fees based on the scope of the project. Artwork revisions are limited to color changes, minor details or placement. Please note that new artwork will require additional design fees.

Style: CLIENT has spent a satisfactory amount of time reviewing SUSANNAH FISHER’S work and has a reasonable expectation that SUSANNAH FISHER will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

CLIENT understands and agrees that:

  1. Every client and wedding is different, with different tastes, budgets, and needs;
  2. Services are often a subjective art and SUSANNAH FISHER has a unique vision, with an ever-evolving style and technique;
  3. SUSANNAH FISHER will use its artistic judgment when providing Services for CLIENT, which may not include strict adherence to CLIENT’s suggestions;
  4. Although SUSANNAH FISHER will use reasonable efforts to incorporate CLIENT’s suggestions and desires when providing Client with the Services, SUSANNAH FISHER shall have final say regarding the aesthetic judgment and artistic quality of the Services;
  5. Dissatisfaction with SUSANNAH FISHER’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Delivery: Susannah Fisher will deliver artwork in JPEG or other standard formats at a resolution that Artist determines will be suitable for the artwork to be printed. (300 dpi) It is the Client’s responsibility to verify that the Images are suitable for reproduction and that if the artwork is not deemed suitable, to notify Susannah Fisher within five (5) business days. Susannah Fisher’s sole obligation will be to replace the artwork files at a suitable resolution but in no event will Susannah Fisher be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided, Susannah Fisher is not responsible for providing images 1) larger than 11”x14” at 300 dpi. Susannah Fisher has no obligation to retain or archive any Images delivered to Client.

Copyright Ownership: Susannah Fisher owns all copyrights in any and all work(s) created or produced pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by SUSANNAH FISHER and may be used in the reasonable course of Vendor’s business.

This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed upon terms as set forth in the Client Invoice and signed by both parties. Images used for any purpose not directly related outside of those terms must be with the express permission of Susannah Fisher and may include the payment of additional fees, unless otherwise agreed to in writing.

The Extended License rights include the following:

  1. Personal printing projects
  2. Single website usage.

Artwork Modifications: Artwork may not be modified, with the exception of resizing as needed. Artwork may not be cropped into individual elements. If interested in using individual elements, they can be purchased starting at $75 each per digital file. 

Even with an Extended License, Users CANNOT use the Content:

  1. in its present or modified form for sale, redistribution, resell, lease, license, sub-license, free downloads of the image to any third party.
  2. as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.
  3. in such a way as to suggest that the product was created by you.
  4. for sale on Print on Demand sites.

CONTACT INFORMATION

Email: susannah@smfisherart.comAddress: PO Box 22, Salsbury Cove, Maine 04672

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