Terms of Use
Website Terms of Use
The following Terms of Use are entered into by and between You (including yourself and any other entity or person on whose behalf you are using this website, and all others who may have rights through you) and Looking Owl Art, LLC (“Company”, “We”, “Us” or similar terms). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.lookingowlart.com, including any content, functionality and services offered on or through www.lookingowlart.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By visiting any page of this Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the most recent version of our Privacy Policy. If you do not agree to one or more of these Terms of Use including the agreements incorporated by reference herein, or find them unacceptable in any way, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes To the Terms Of Use
We reserve the right to change, modify, and update these Terms of Use at any time. Your continued use of the Website after the updated terms have been posted shall constitute your acceptance of such terms. You should therefore review these Terms of Use periodically to familiarize yourself with any changes, modifications and updates, which we will post on this page or a similar page of the site. If you violate any of the Terms of Use, your authorization to use the Website shall terminate automatically.
Privacy
Your use of the Website is also subject to the Company’s Privacy Policy. Please review the Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Limitations, Prohibited Use and Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use.
As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not intentionally create, upload, or transmit any software or other materials which contain a virus or other harmful code or device. You may not use the Website in any manner that could damage, disable, overburden, or take any other action designed to impair or interfere with the operation of this Website. You will not impersonate any other person or use false identity in your use of the Website.
All Website content such as Company name, Company logo, slogan, other text, graphics, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. We do not grant you any licenses, express or implied, to the intellectual property of the Company except as expressly authorized by these Terms of Use.
Email And Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.
Certain portions of this Website may permit you to upload images, messages, and feedback.. In your use of this Website, in addition to the restrictions and limitations described in the above section (“Limitations, Prohibited Use”) you understand and agree to the following: (a) You will not post, transmit, or link to any material, websites or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, offensive, violent, abusive, threatening, harassing, discriminatory, or an expression of hate speech; (b) You may only message, upload or transmit materials (including photos) for which you own the copyright and all other relevant rights. You may not violate or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You agree that any materials you submit will be owned by you or be in the public domain; (c) You will not post any material that violates any law or regulation; (d) You will not provide personal or private information regarding anyone other than yourself (for example, you will not provide a telephone number, financial information or address information regarding another person) unless you are otherwise explicitly authorized to act on such person’s behalf.
As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential. Always use caution when providing personal information about yourself in any electronic communications. While we take measures to protect the confidentiality and security of your information, it is not possible to give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on our Website or the domain provider’s website (SquareSpace), and view your information. By submitting information to us, you agree that you are aware of and accept these risks. If you do not wish to submit your information electronically, do not do so. You agree that Looking Owl Art, LLC is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar cyber crimes.
License to Your Materials
The Company does not claim ownership of any materials you provide to the Company or post, upload, or submit to the Website (collectively “Materials”). However, when you upload or otherwise submit Materials to the Website, you are granting the Company permission to use your Materials in connection with the service provided by the Company and Website. If you have specific concerns regarding your Materials, please contact us as described below.
Website Provided As-Is
THE WEBSITE IS PROVIDED AS-AVAILABLE AND AS-IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANT-ABILITY FOR A PARTICULAR PURPOSE. THE COMPANY MAY DISCONTINUE OR ALTER ALL OR A PORTION OF THE WEBSITE AND ANY RELATED SERVICES AT ANY TIME WITHOUT NOTICE. IN THE EVENT THE WEBSITE CONTAINS ANY PRICING ERRORS, INACCURATE OR OUTDATED INFORMATION, OR OTHER ERRORS, WE RESERVE THE RIGHT TO CORRECT SUCH ERRORS AND ARE NOT REQUIRED TO HONOR ANY PRICING OR OTHER ERRORS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE OR FOR ANY ACT OR OMISSION BY US RELATED TO THE WEBSITE AS WELL AS ANY RESULTING ALLEGED INJURY OR DAMAGE IS TO DISCONTINUE USE OF THE WEBSITE.
YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF US (INCLUDING OWNERS, EMPLOYEES, AFFILIATES, OR VENDORS) BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
IF YOU ARE DISSATISFIED WITH OR INJURED BY ANY SERVICE OR ITEM RECEIVED FROM OR PROVIDED BY A THIRD PARTY IN CONJUNCTION WITH YOUR USE OF THE WEBSITE WE ARE NOT RESPONSIBLE FOR SUCH ITEM, AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO PURSUE SUCH MATTER WITH THE THIRD PARTY SUPPLYING OR MANUFACTURING SUCH ITEM. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY SECTION AND THE SECTION BELOW, WE WOULD NOT PROVIDE THE WEBSITE, THE SERVICES OR THE CONTENT TO YOU.
IF ANY OF THE ABOVE OR BELOW LIMITATIONS OR DISCLAIMERS ARE NOT PERMITTED IN ANY PARTICULAR STATE OR JURISDICTION, THEN SUCH ITEM IS DEEMED AMENDED AS MINIMALLY NECESSARY FOR LEGAL COMPLIANCE, OR IF AMENDMENT IS NOT POSSIBLE THEN SUCH ITEM IS DEEMED DELETED AND THE REMAINDER OF THIS AGREEMENT REMAINS IN FULL FORCE AND EFFECT.
Price Changes
In addition to the right to correct pricing errors described above, We reserve the right to change the price of any item at any time, without notice.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in St. Charles, MO. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, your violation of these Terms of Use, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
International Website Users
The Website is operated and administered by the Company from our location within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Entire Agreement
Unless otherwise specified herein, the Terms of Use, along with the Privacy Policy, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The Company welcomes your questions or comments regarding the Terms of Use:
Email Address:
Effective as of 10/01/2024