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1. Copyright Notification for the art-business and people who copy photos and text.
A copyright is a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used. The Copyright Act of 1976--the federal law providing for copyright protection grants authors a bundle of intangible, exclusive rights over their work. These rights include the:
a. reproduction right-the right to make copies of a protected work.
b. distribution right--the right to initially sell or otherwise distribute copies to the public.
c. right to create adaptations (or "derivative works")--the right to prepare new works based on the
protected work.
d performance and display rights-the right to perform a protected work, or display a work in public.
An author's copyright rights may be exercised only by the author--or by a person or entity to whom the author has transferred all or part of her rights. If someone wrongfully uses the material covered by the copyright, the copyright owner can sue and obtain compensation for any losses suffered.
Tracking tools maybe used to monitor and track our images! - Images may be Digitally Watermarked or Embedded using Digimarc Patented Technology - Digimarc and the Digimarc logo are registered trademarks of Digimarc Corporation. The "Digimarc-Enabled" Web Button is a trademark of Digimarc Corporation, used with permission. - We will protect our images!
Copyright © 2008 auld, ltd., all rights reserved
2. Privacy Policy & Data Collection within our art-business
Your Information and the Company's Privacy Policy. By entering into an Agreement to purchase or start an association through e-mail, newsletter and alike, you agree that the Company may collect and retain information about you, including your name, E-mail address. The Company employs other companies and individuals to perform functions on its behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, , and providing customer service. They may have access to personal information needed to perform their functions, but may not use it for other purposes. The Company publishes this privacy policy on its web sites and may amend such policy from time to time, in its sole discretion. The Company's privacy policy is provided as a courtesy to you for informational purposes only and contains statements of the Company's present guidelines and goals with respect to the collection, retention and use of data the Company may obtain from your purchase or association, i.e. blog, e-mail exchange, newsletter subscription, patron, special customer status, alliance, etc. The Company does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance with the statements of intent contained in the Company's privacy policy.
3. Photo requirements – plus- for our art-business– Confirmation of Copyright
Customer confirms that copyrights to all photo(s) submitted to Auld, Ltd. are either owned by them or that they have the legal right and permission by the owner of the copyright to the photo(s) for their reproduction, They agree and hold harmless and fully indemnify Auld, Ltd. from any and all liability that may be incurred in creating reproductions for them including any claims brought by a third party with respect to a copyright infringement. The reproductions purchased are intended for personal use and will not be resold. Customer understands that Auld, Ltd. does not assume responsibility to any photographs or reproductions provided or left in its possession for loss or damage for any amount. Customer MUST Read and agree to these terms.
Restoration in the art-business: When photos are sent to us we do our very best to enhance each photo to make sure it works with the creative effort. We may resize, retouch, rework, and try to restore those in a way that makes sense to the ultimate effort which is to produce the finest original work in whatever category we are working on. While you may see this in the final product you may not see it in the photos that are returned to you because they will be in the original state that we received them as the work is not directly applied to your originals.
Photos Returned: All photos will be returned in the package we send to you containing the Remembrance, Reminder, or Rendering. We do recommend that you have these put on CD and or copied as one never knows what may happen to the in transport and as you hold us in the terms and conditions harmless, we are not responsible for them, but will do our very best to make sure we get them back to you. We want your experience with our art-business to be an enjoyable one.
4. Original Art Understanding
Today there is a controversy going on about what is original art. One knows that in the art-business there is always controversy. People thought Michelangelo sculpture was someone else’s so he signed it. Techniques were only thus and so and if you didn’t conform you weren’t an artist. The impressionist weren’t really painters they were taking light and color and who knows what else and calling it art. Artists were executed because some person didn’t like the way he looked. Today some believe photography isn’t art. Some say because you output your work on a printer it’s not original. Just because there is more than one way it can’t be an original. Computers don’t make original art. On and on and we’ve haven’t even touched the surface.
Here’s what we think. Original art is art designated and created by an artist through whatever medium he or she desires. If its output is through the new technologies then so be it. If it has a zillion copies, or a limited edition, they still came from an original work. If work is enhanced by computer or apprentices it’s still original.
The value is the value and the artist produced it for some reason probably far beyond some compensation and usually you’ll find his or her blood sweat and tears of years of unseen or unheard of work and tons of criticism by those who hadn’t drawn a line or picked up a brush or worked for hours in “Photoshop” trying to understand something that some computer software engineer put together to make a creation beyond belief. Too many times we spill out and criticize. We don’t appreciate and try to find the meaning, see the communication and find out what the artist is trying to convey. Want to find out if something is original better ask the artist his opinion if you can’t figure it out.
5. Communication in and for our art-business.
We believe communications is at the heart of what we do and what we try to create. We ask that you consider it very important and communicate at whatever level you see fit to make sure you are heard and make sure you are satisfied. Understand that in doing that we have laid out some policies that we feel fit our art-business. Should you take exception and really have a problem with our art-business polices and what we are trying to accomplish you should seriously consider using another source.
If you want to join in our efforts, our art-business, be a recipient of our work, collect our outputs of endless hours and struggles, support and encourage us, and help us, then we don’t want anything to stand in the way of an ongoing, healthy, long lasting relationship on any level. Do whatever is necessary to communicate with us and we will do the same if not more as we believe it is truly a privilege to participate with you in all these matters.
6. Shipping, Insurance, Handling, and Packaging At this point, all out prices include handling, packaging and shipping. We want you to know the price and that’s it. Things take time to be hand custom embellished and that’s why we say “within 4 weeks”. We Ship “UNSTRETCHED Paintings in a tube or carton!”. We will work to ship it to you as soon as possible. We take great care in making sure our items are packed well and will reach you. We track our shipments. As mistakes happen we ask that if anything is out of the ordinary or you receive something you shouldn’t you make us aware as soon as possible. We thank you for this as we know you would want great care provided for you as well as others.
We insure our shipment so please make us aware of any damage or problems. We will need your assistance in these areas.
Should you require more or want something unique when attending to these please let us consult with you in these areas.
7. PayPal paying for transactions in the art-business:
We like and we use PayPal.
1. This service is secure and acts as a total intermediary payment service that makes open honest transactions happen between parties.
2. You don’t have to have a PayPal account, but we would recommend one. Information is secure and encrypted by PayPal.
3. There is no storing of your sensitive financial information by us.
4. The transaction is simple and easy.
5. PayPal has the lowest fraud rate in the industry.
6. PayPal has an excellent privacy policy.
7. PayPal’s crediting is extremely fast and they are sensitive to these issues
8. You can find out more at their web site www.paypal.com
8. Terms and Conditions of our art-business:
Payment terms
The art-business of Auld, Ltd requires payment in full of all purchases prior to any work and accepts cash, check, money order, VISA, MasterCard, Discover, American Express through PayPal.
Auld, Ltd. reserves the right to change prices, colors, materials, specifications and quantities on our web site, or elsewhere without notice or obligation. Auld, Ltd reserves the right to charge for AAs (Author’s Alterations) to proofs that have already progressed beyond the initial proofing stage.. All shipping is at the discretion of Auld, Ltd., unless indicated otherwise. Quoted or acknowledged delivery dates are only estimated dates of delivery.
Reorders, rush orders, and printed materials, must be prepaid in full, including freight and any applicable taxes. Direct mail fulfillment orders always require postage to be paid before mailing. The customer will be informed of the exact postage after we receive customer’s mailing list and requirements.
For any other special direct mail services or materials, the customer will be given an estimate of these charges prior to work being started on this portion of the project.
Prices quoted may or may not include freight. They will be designated prior to the time of purchase.
Auld, Ltd. is not responsible for loss or damage to the product once any product has left Auld, Ltd.’s premises.
Order cancellation Rights – Auld, Ltd.
Auld, Ltd. reserves the right to refuse or cancel any order.
Materials and delivery in our art-business
The customer's order will be delayed if the customer has failed to provide to Auld, Ltd. all necessary materials.
Auld, Ltd. assumes that the client has backups or originals of all content (including without limitation masters, graphic files, multimedia files, video files, and audio files) provided in digital electronic. As such, Auld, Ltd. is not obligated to return such electronic content to the customer upon completion of the order. Auld, Ltd. will return original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.
While Auld, Ltd. will treat the customer's materials with the utmost care, Auld, Ltd. specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer's materials are in the care and possession of Auld, Ltd.
Customer's materials stored in our art-business at Auld, Ltd.’s premises are not insured and are stored strictly at the customer's risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from Auld, Ltd.’s premises.
9. Intellectual Property Rights Protection
The customer represents and warrants to Auld, Ltd: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to Auld, Ltd. by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials; (b) that the customer and Auld, Ltd. are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Auld, Ltd. of the obligations here under, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist.
10. Customer agrees to indemnify, defend, protect, and hold harmless Auld, Ltd. and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
Auld, Ltd. reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided here under.
The customer agrees to provide Auld, Ltd., upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Auld, Ltd. does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and may rely on the customer's representations and warranties herein and provided under Auld, Ltd’s Intellectual Property Rights Form even if Auld, Ltd. investigates such ownership.
If Auld, Ltd determines, or has reason to believe, that the customer does not have the authority to produce the products sought here under, Auld, Ltd will have no further obligations to the customer to provide any products or any other services with respect to such materials, and will return such materials to the customer.
11. Guarantee* - Paint-tings – Auld, Ltd. – Guarantee & Return Policy
UnWanted:
All Sales are FINAL, except for a return “UnWanted” window. The giclee’ paintings are shipped as soon as the process has been completed and hand embellished. Email Notification announces this completion to you the Buyer. A second email is sent with the tracking number and expected arrival window date to you the Buyer. Upon receipt and acceptance signature of any party accepting the package on your behalf, provided to us by the delivery company, you, the Buyer, will have a 3 (THREE) “Business Day Window” to notify Auld, Ltd. through the email addresses that has been provided to you, the Buyer, in previous correspondence and receive email confirmation of that notification including a Transaction Number. You, The Buyer, must ship the “UnWanted” painting back to Auld, Limited , address will be provided to Buyer with shipped painting, within 3 (THREE) “Business Day Window” of receiving confirmation of the “UnWanted” painting, notification and Transaction Number. The Buyer is solely responsible and pays all duties, customs, insurance, tracking and shipping fees for shipping the works back to Auld, Ltd. and Buyer is responsible to email the accurate tracking number to Auld, Ltd. directly after shipping.
Refund:
Upon receipt and inspection, if artwork is damaged the claim will go to the Buyer and the Buyer’s insurance shall take full responsibility and the sale is Final. Upon receipt and inspection if artwork is without damage, not marred in anyway and in the same condition it arrived including the materials it was packaged in and wrapped accordingly, an immediate request for a full refund to you, the Buyer, shall be made and followed, documenting that your refund was processed.
Damaged:
If painting arrives to you, the Buyer, damaged then please inform us as every piece shipped is insured. One meeting the requirements of the insurance policy i.e. return of item, etc. which you, the Buyer, will be informed of completely after your email notification to Auld, Ltd., a new replacement for the painting you purchased will be shipped directly to you. If it is damaged and you are sent a replacement you will no longer have any option to return it. The transaction is a final sale.
NOTE: Any returned items must be shipped back to Auld, Ltd. in the original packing materials, not marred in any way and packed the same condition it arrived, and wrapped accordingly. (Unless Damage Claim; see “Damaged” requirements above)
*NOTE: LSP Life Story Paintings and Custom Paintings are NOT Guaranteed Customer will receive a “Proof” only - once accepted and signed off on - means Sale Is Final - Damage Insurance will still apply
12. Order cancellation:
Custom orders, not yet manufactured by Auld, Ltd may be canceled by either party at any time. The customer will be responsible for all costs incurred by Auld, Ltd related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to Auld, Ltd. have been allocated against prepayment.
14. Limitation of liability, and indemnification:
Auld, Ltd. does not guarantee that use of this site will be constant or without error. Using this site and the content enclosed in it are done so completely at your own risk. Auld, Ltd. does not accept any legal responsibility for losses or damages, whether direct or indirect, that you may suffer as a result of your use of this site or your dependence upon the contents including but not limited to computer service or system failure, access delays or interruption, data non-delivery or misuse of delivery, viruses or other injurious workings, breach of security or unlawful use of the system from "hacking" or alike. The site is available on the foundation that all legal responsibility whatsoever for any loss or damage arising out of or in relationship with your use of this site, or dependence upon the contents of this web site, is barred to the fullest extent permitted by law. Any typographical, clerical, error, or omission in any page on this site shall be subject to alteration or removal (as suitable) without any legal responsibility on Auld, Ltd.’s part. Auld, Ltd. has all the rights to alter this site at any time without notice. It is the viewers accountability to come back to this page and read these polices again Auld, Ltd. is not responsible for any loss or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever. THIS EXPRESS WARRANTY SHALL EXTEND TO ONLY CUSTOMERS OF AULD, LTD. AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANT ABILITY. Auld, Ltd.’s liability under this warranty extends solely to the obligation to repair or replace a covered product. Auld, Ltd. liability under this warranty shall not exceed the cost of the covered product. The foregoing warranties are exclusive and are in lieu of all other warranties whether written or implied including warranty of merchant ability in other respects than expressly set forth above and warranty of fitness for a particular purpose. Further, Auld, Ltd. shall have no liability for any consequential or punitive damages or losses to customer or anyone else, under any theory, for defects in material or workmanship or any other reason whatsoever.
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