Terms of Use
Donna J Art General Terms of Use
Updated 04/01/2021
Below are the Donna J Art website General Terms and Conditions of Use. They contain important information about your rights and obligations, as well as limitations and exclusions.
These Terms of Use incorporate the following other Donna J Art Policies:
The Donna J Art Privacy Policy
The Donna J Art Store Policies
In these Terms of Use, the terms "Donna J Art," "we," "our," and "us" refer to Donna J Art. These Terms of Use apply to your access to, and use of, the website located at https://donnajart.com and any website, social media account, or mobile application owned or operated by Donna J Art (collectively known as the "Site").
By continuing to use the Site after you have the opportunity to read these Terms of Use, you agree to them. If you do not agree to these Terms of Use, you should not access or use this site.
License and Use of Content
Donna J Art grants you a limited, revocable, royalty-free license (the "License") to view the content and materials contained on the Site (the "Contents"). You are not granted any right to use Donna J Art artwork, trademarks, logos, Content or other intellectual property (including without limitation the layout of the Site) without express permission from Donna J Art. All such items shall remain our exclusive property.
You may only use the Site and the Content for your own personal use. You may not transfer, assign or use the Content for any other purpose, nor may you facilitate or enable anyone else to do so. Personal use indicates that there is no commercial use - not even charitable - whether or not compensation is involved. You may not use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and/or broadcast Content as defined below, without our express prior written consent. You may not alter, delete or conceal copyright or other notices.
If we provide content for download, you may download a single copy to your computer or mobile device solely for your own Personal Use. If we provide social media features which allow you to share information or content about or from the Site on social media or otherwise allow you to connect the Site with your social media account, you may share the content on social media with a noted reference to Donna J Art.
Unauthorized or prohibited use of Donna J Art Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
Modification
Donna J Art reserves the right to change or disable, whether temporarily or permanently, the Site or any part thereof with or without notice. Donna J Art will not be liable to you or to any third party for any change to, or discontinuance of the Site.
Submissions
Any and all comments, suggestions, ideas, graphics, data, resumes, inquiries or other information that you communicate to Donna J Art through the Site, by facsimile, by email, by written correspondence, through phone call, or text message, (a "Submission"), shall be the property of Donna J Art. Our Privacy Policy outlines the way that Donna J Art handles personal information. Donna J Art will have exclusive ownership of all present and future existing rights to any Submission for any commercial or other purpose whatsoever, without obligation for compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and that you, not Donna J Art, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
Accuracy of Content and Pricing Information
Because prices, product descriptions and product availability can change, Donna J Art does not warrant the accuracy or completeness of the information provided on the Site, in its stores or in electronic or written materials and is not responsible for pricing, typographical or other errors. Donna J Art may make changes to the information contained on the Site, including to the products and prices described on the Site, at any time, without prior notice to you (including after you have submitted an order). Information on the Site is periodically updated, but it may not be current or complete at the moment you use the Site and may contain errors or inaccuracies. In no event shall Donna J Art or its service or product providers be liable to you in any manner whatsoever. This includes any decision made by you, or for any act or failure to act by you, in reliance upon information provided on the Site.
Registration and Account Creation
The Site may allow you to register and create an account in order to purchase products or services on the Site. If you create an Account, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be grounds for us to suspend or terminate your Account.
You are responsible for maintaining the confidentiality of your Account log-in and password information and for any activities that occur through your Account. We are not liable for any harm caused or related to the theft or misappropriation of your Account information or your authorization of anyone else to use your Account information. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your Account or if you wish to deactivate your Account due to security concerns.
Disclaimer of Warranties
This Disclaimer of Warranties ("Disclaimer") applies only to your free use of the Site. This Disclaimer does not apply to, for example, your purchase of any product or service from Donna J Art.
Donna J Art is not offering the Site, in whole or in part, for sale to you. These Terms of Use are not a contract for sale, and the Site is not a "good" within the meaning of the Uniform Commercial Code.
The site is provided “as is,” without warranty of any kind. Without limiting the foregoing, Donna J Art expressly disclaims all warranties, whether express or implied, including, but not limited to, all warranties of title, non-infringement, merchantability or fitness for a particular purpose.
We do not represent and warrant that the functions contained on the Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the Content available will be free of viruses or other harmful components. Further, Donna J Art will not provide for specific IT infrastructure or connectivity.
While we take utmost care to represent all of our information with accuracy, we do not represent or warrant the accuracy or completeness of any Content posted on the Site. We are not responsible for the conduct, whether online or offline, of any users of the Site.
Copyright
The Site and the Content are copyrighted works of Donna J Art and/or its suppliers or users. Neither the Site nor the Content may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without our prior written permission.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Donna J Art for notice of claims of copyright infringement can be reached as follows: Donna J Art, donna@donnajart.com
Restricted Rights Legend
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
Trademarks
All trademarks are owned by their respective owners or are used under license.
For further information on intellectual property matters contact Donna J Art at donna@donnajart.com
Contests, Sweepstakes and Promotions
From time to time, we may conduct promotions on or through the Site, including, without limitation, contests and sweepstakes (each, a "Promotion"). Each Promotion may have Official Rules or other terms and limitations which will be posted or otherwise made available to you and, for purposes of that Promotion, will be deemed incorporated into and form a part of these Terms of Use. To the extent that the terms for any Promotion conflict with these Terms of Use, the terms for that Promotion shall control with respect to that Promotion only.
Links to Other Websites
If you see or use any links or conduits on the Site which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that Donna J Art is associated with or has endorsed, reviewed or even knows anything about that website or page and we have no obligation, responsibility or liability to you or anyone else if you go to another website, page or address outside the Site, even if a link on the Site allowed you to do so. When you leave the Site, you should confirm the terms and conditions, privacy and other policies that apply to you since Donna J Art neither controls, nor has any responsibility for any third party sites (unless they are expressly owned by us), their practices or anything associated with their operations.
Modification to Terms of Use
Donna J Art may modify these Terms of Use at any time. When we make changes to these Terms of Use, we will change the "Last Revised" date above. If a material change is made to these Terms of Use, we will post notice of that change on the first page of these Terms of Use. By using the Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect.
Indemnification
You agree to indemnify and hold harmless Donna J Art and its affiliated companies against all costs, expenses, damages, losses and liabilities incurred or suffered by Donna J Art or our affiliated companies resulting from any violation by you of these Terms of Use.
Governing Law
These Terms of Use shall for all purposes be governed by and interpreted in accordance with federal law and the laws of the State of Tennessee as those laws are applied to contracts entered.
Headings
The section headings used herein are for convenience of reference only and do not form a part of these Terms of Use, and no construction or inference shall be derived therefrom.
Contact Us
If you have any questions, you may contact:
Donna J Art
Phone:615 - 473 - 3054
Email: donna@donnajart.com