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TERMS AND CONDITIONS
Welcome to www.elliegilsson.com (the “Site”), a website operated by NO DAYS OFF. (“we”, “us”, “our” and othersimilar references). We provide people (collectively, “you” or “your”) with an online shop where we sell prints and artwork (“Products”). By accessing or using the Site, or purchasing our Products, you agree to be bound by the all of the terms and conditions in, and linked to, this Terms of Service (the “TOS”or the “Agreement”). IF YOU DO NOT WISH TO BE BOUND BY THIS TOS, YOU MAY NOT ACCESS OR USE THIS SITE OR PURCHASE ANY PRODUCTS.
We reserve the right, in our sole discretion, to update or revise this TOS. Your continued use of the Site following any changes to the TOS constitutes acceptance of those changes. We will notify you of any such changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email to the last known address that you have provided us.
You must be 18 years or older to order Products on www,elliegilsson.com. When you purchase our Products you must only provide us with true, accurate, current and complete information for your Orders. If we believe or suspect that your information is or becomes not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
- Use of Site
You may not use the Site or Services for any purpose that is unlawful or prohibited by this TOS, or to solicit, promote or conduct the performance of any illegal or fraudulent activity or other activity which infringes our rights or others. You represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you. Notwithstanding any other rights or restrictions in this TOS, you represent and warrant that you will not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) upload, introduce or transmit to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system or any portion of the Site to which you are not authorized to access; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of www.elliegilsson.com; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) use the Site or Services to collect or harvest information regarding other users of the Site for any reason whatsoever or to generate and send unsolicited commercial email; (g) attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; (h) use the Site or Services to stalk, harass or harm another individual; (i) use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts); (j)interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; or (k) mirror or frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
- Orders
This TOS, together with any additional terms on the Site, will govern any order you make through the Site or Services for Products (such order, an “Order”). When you place an Order, we will confirm your Payment Information(defined below) and shipping address by sending an email to the email address you have provided. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by us until the Product(s) has been shipped. If some Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. Any estimated shipping date provided by us is based on Product availability and payment processing time, and does not include transit time. All Products will be deemed accepted by you upon shipment, and title to, and risk of loss of, any Products you order passes to you when we provide the Product(s) to a common carrier.
- Payment
To pay for an Order, you will need to provide us with the information necessary to process an Order from you, including your shipping and billing addresses and the following billing information: (i) your name as it appears on the card,(ii) the credit card type (VISA, MasterCard, or any other issuer then accepted by us), (iii) a valid credit card number; (iv) the date of expiration of your credit card, and (v) any activation numbers or codes needed to charge your card (collectively, your “Payment Information”). We collect Payment Information only to process your transaction and transmit it to our third party payment processor.
By submitting your Payment Information to us, you authorize our third party payment processor to charge your credit card for the amount of the purchase at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event others acting with or without your permission use your credit card to make purchases on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
- Pricing and Products
We make efforts to display our Products as accurately as possible. Having said that, the displayed colors of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your Order.
- Ownership
The trademarks, logos and service marks (“Marks“) displayed on the Site are the property of www.elliegilsson.com and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of us or such third party which may own the Marks. Ownership of all such Marks and the goodwill associated with them remains with, and inures to, us or those other entities. All information and content including any software programs available on or through the Site (“Content“) is protected by our or our licensors’ copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for purposes other than their personal, non-commercial use.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in this TOS grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally permitted through the Site according to this TOS. Furthermore, nothing in this TOS will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by this TOS.
- Procedure for Claims of Intellectual Property Infringement
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached by email at elliegilsson@gmail.com
- Privacy and Security
We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.
- Disclaimer of Warranty
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A”LINKED SITE”) ARE PROVIDED TO YOU “AS IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND SERVICES IS AT YOUR SOLE RISK.
We make no warranty that the Products, Site or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, Site or services, or that defects in the Site or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in this TOS.
If you have any questions about this TOS, please contact us at:
NO DAYS OFF.
3665 S Highland Dr.
Las Vegas, NV 89103
elliegilsson@gmail.com