Terms of Use
Please read these terms of use (“terms of use”, “Agreement”) carefully before using this Site. By using this Site, you signify you have read, reviewed, understood, and assented to comply with this Agreement. This Site is owned and operated by Him Alone Art Studio, LLC (hereinafter referred to as HAA). If you do not want to be bound by the terms of this Agreement, you are advised accordingly to leave this Site. HAA only grants use and access of this Site, its products, and its services to those who have accepted these terms.
HAA reserves the right, without notice and at HAA’s sole discretion, to change, modify, add, or remove (collectively, “edit”) portions of this Agreement at any time. Such edits will take effect immediately upon their posting on this Site. Please check the effective date at the bottom of this page to determine if this Agreement has been edited since you last reviewed it. Your continued use of any portion of this Site following posting of the updated Agreement will constitute your acceptance of the edits.
Privacy Policy
Before you continue using this Site, you are advised to read HAA’s Privacy Policy regarding user data collection and use.
Age Restriction
You must be at least 18 (eighteen) years of age before you can use this Site. By using this Site, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. HAA assumes no responsibility for liabilities related to age misrepresentation.
Intellectual Property and Copyright
You agree that all materials, products, and services (“materials”) provided on this Site are the property of HAA and its successors in interest (e.g. heirs, assigns, agents, and/or HAA members), including all copyrights, trade secrets, trademarks, and other intellectual property, regardless of whether or not such material has been sold or commissioned. You also agree that HAA has the exclusive rights to manage and license the imagery held by HAA and that, except as stated herein, you will not modify, copy, reproduce, display, transmit, or redistribute HAA’s materials and intellectual property in any way, including but not limited to electronic or digital means, without the prior written permission of HAA. Modification of the materials or use of the materials for any other purpose is a violation of the artist’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited.
Submissions
HAA is pleased to hear from customers and welcomes your comments regarding products and services. Unfortunately, however, HAA does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by HAA might seem to others to be similar to their own creative work. Accordingly, you agree that you will not send any original creative materials, including but not limited to concept ideas or original artwork. While HAA values your feedback on services and products, it is important that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.
If, at our request, you send certain Media-specific submission(s) (e.g., artwork, photographs, personal stories, or personal reflections for social sharing purposes), or if, despite our request that you not send us any other creative materials, you do send us photographs, creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of HAA. None of the Submissions shall be subject to any obligation of confidence on the part of HAA, and HAA shall not be liable for any use or disclosure of any Submission, in whole or in part, whether or not the Submission contains personally identifiable information. You specifically acknowledge that all the foregoing stipulations with respect to Submissions is inclusive of any submissions made with respect to proposed or agreed upon commissioned paintings as well, whether or not any resultant painting is finally paid for by the commissioner. (It is here noted that HAA sometimes accepts but never solicits commissioned work.) As such, commissioned paintings, including images of the same, may be displayed, reproduced, disseminated, modified, re-painted, and/or printed by HAA in any fashion at the sole discretion of HAA. By extension, you agree that original commissioned paintings, which are not paid for after multiple requests for such via the email address provided by the commissioning party, may be discarded or freely offered for sale by HAA to other buyers, with or without the express consent of the commissioning party, and any and all deposit moneys already paid to HAA by the commissioning party will at that time be forfeited to HAA without compensation of any sort and without any notice beyond being thus stated in these terms.
You agree that without limitation of the foregoing, HAA shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions nor to any other person claiming rights to the Submissions. By engaging in the sending of such Submissions, you warrant that you are fully authorized, free, and able to give such consent, that you are not a minor, that you accept full liability for any misrepresentation of this warrant, and that this consent and permission shall be binding upon your heirs, legal representatives, successors, assigns, and any other party who may share claim or ownership of the Submissions. You further assume responsibility for any and all legal fees incurred in the event that enforcement of this agreement becomes necessary.
Purchase of Original Paintings
The purchase of an original painting, by any method or means, including preorders or commissions, also comes with the disclaimer that unforeseen events or accidents may befall an original painting at any point in time between purchase and delivery; thus, because an original painting is quite literally irreplaceable, your purchase of an original painting does not constitute a guarantee that you will receive the painting. However, in the event of the painting being either demonstrably damaged in transit or becoming undeliverable for any reason, you will receive a full refund.
Linked Sites
You agree that HAA is not responsible for the content of sites which may be linked to this Site (“Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk.
Jurisdictional Issues
Unless otherwise specified, the materials in this Site are presented solely for the purpose of promoting HAA products available in the contiguous United States. This Site is controlled and operated by HAA from its offices within the State of Wisconsin, United States of America. HAA makes no representation that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations agree to do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Disputes
By visiting this Site, you agree that the laws of the State of Wisconsin, without regard to principles of conflict laws, will govern this Agreement or any dispute of any sort that might come between HAA and you, or its business partners and affiliates. You agree that any dispute related in any way to your use of this Site, including products or services purchase from HAA, shall be arbitrated only in the state or federal courts located in Monroe County, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief.
Severability
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Indemnification
You agree to indemnify HAA and its affiliates and hold HAA harmless against legal claims and demands that may arise from your use or misuse of this Site and/or services. We reserve the right to select our own legal counsel.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HAA BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR MISUSE OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF HAA OR A HAA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HAA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO HAA FOR ACCESSING THIS SITE OR FOR PRODUCTS OR SERVICES PURCHASED BY YOU FROM HAA.
Release of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HAA BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO THE CASE OF PHYSICAL PERSONAL INJURY OR DAMAGE TO PERSONAL PROPERTY THAT MAY ARISE IN CONNECTION TO PRODUCTS OR SERVICES OFFERED ON THIS SITE. YOU ARE HEREIN ADVISED THAT PACKAGING MATERIALS, HANGING HARDWARE, FRAMES, AND/OR OTHER PHYSICAL COMPONENTS MAY, OR EVEN ARE LIKELY TO, HAVE SHARP EDGES, SPLINTERS, SMALL PARTS, SUFFOCATION RISKS, OR OTHER POTENTIALLY HARMFUL ASPECTS, WHETHER BY NATURE OF THEIR DESIGN OR BY NATURE OF A DEFECT, WHICH COULD LEAD TO PHYSICAL PERSONAL INJURY OR TO PROPERTY DAMAGE. Therefore, CAUTION IS ADVISED AND YOU AGREE TO ASSUME ALL RISKS when receiving, unpackaging, handling, or using/hanging any products offered on this Site. The use of tools, such as gloves or pliers, is recommended where applicable. YOU AGREE TO HOLD HAA ENTIRELY HARMLESS FOR ANY PHYSICAL PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY ARISE IN CONNECTION WITH THE PRODUCTS OFFERED ON THIS SITE, WHETHER BY THEIR PROPER USE OR FUNCTION OR BY THEIR FAILURE TO BE USED OR TO FUNCTION PROPERLY. FURTHERMORE, YOU ACCEPT FULL RESPONSIBILITY FOR ENSURING THAT PACKAGING IS APPROPRIATELY HANDLED AND DISPOSED OF AND THAT PRODUCTS ARE PUT TO SAFE USE AND WALL ART REMAINS SECURELY MOUNTED TO ITS HANGING SURFACE. YOU FURTHER ASSUME RESPONSIBILITY FOR ANY AND ALL LEGAL FEES INCURRED IN THE EVENT THAT ENFORCEMENT OF THIS AGREEMENT BECOMES NECESSARY.
Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HAA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HAA DOES NOT WARRANT THAT THE SITE FUNCTION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, INTRUSIONS, OR OTHER HARMFUL COMPONENTS. HAA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HAA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Termination
These terms and conditions of use are effective until terminated by either party. You may terminate these terms of use at any time by not using this Site and by destroying all materials obtained from this Site and all related documentation and all copies and installations thereof, whether made under the terms of these terms of use or otherwise. These terms will terminate immediately without prior notice from HAA if in HAA’s sole discretion you fail to comply with any term or provision of these terms of use. Upon termination, you agree that you must destroy all materials obtained from this Site and any and all other HAA site(s) and all copies thereof, whether made under the terms of these terms of use or otherwise.
This Agreement is an understanding between HAA and the user, and this supersedes and replaces all prior agreements regarding the use of this Site. This, together with the Privacy Policy, is the entire agreement between HAA and the user relating to the subject matter herein and shall not be modified except as posted by HAA on this Site or in writing, signed by HAA. Certain users may choose to voluntarily enter into additional contracts with HAA for additional services, including but not limited to commissioned paintings.
Effective Date: 06/04/2023