Terms & Conditions of Use

Thank you for visiting ellenkvam.com and its related pages (the “Site”), provided by Ellen Kvam Art & Design, LLC (the “Company”). The Site has been made available to you subject to your compliance with the terms and conditions set forth below (the “Conditions of Use”). Please read this document carefully before accessing or using the Site. By accessing or using this website, you agree that you have read, understand, and consent to the following Conditions of Use and our Privacy Policy, in their entirety, including any updates that may be posted on the Site from time to time. If you do not wish to be bound by the Conditions of Use, do not access or use the Site.

1. Minimum Age Requirement.

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Conditions of Use. Persons under the age of 18 are not permitted to use the Site.

2. Modification of these Conditions of Use

The Company reserves the right to change these Conditions of Use at any time, and such modifications shall be effective immediately upon posting of such changes on the Site’s home page, or by providing such other notice as we deem appropriate. You are therefore responsible for regularly reviewing these Conditions of Use and any additional terms or notices posted on the Site. Your continued access of this website shall be deemed your conclusive acceptance of any modified agreement.

3. Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone, or by facsimile. It is further understood that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

4. Copyright, Trademarks, and Licenses

(a) Copyrights

It is hereby understood and agreed that, except as expressly provided in these Conditions of Use, all content included in or made available through the Site (including but not limited to: text, graphics, logos, button icons, flash movies, images, audio clips, digital downloads, data compilations, and software) is the property of the Company or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of the Company and protected by U.S. and international copyright law. Except as expressly provided herein below, you do not acquire any rights, title, or interest in any Site copyrights or related rights.

(b) Trademarks

It is hereby understood and agreed that, except as expressly provided in these Conditions of Use, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of the Company. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site without the Company’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.in the U.S. and other countries. Such trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Site. All other trademarks not owned by the Site that appear on the Site web page are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

(c) Intellectual Property Licenses

Subject to your payment of all applicable fees, the Company grants you a limited, revocable, non-exclusive, non-transferable license to personal use of the Site, solely in object code format as to any software and on the express condition that you accept and comply with each provision of these Conditions of Use. We do not transfer title to the Site to you. This license does not include any resale or commercial use of the Site. You agree that: (i) you will not copy (other than to print for personal, non-commercial use), distribute, or make derivative works of the Site in any medium without our prior written consent; (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (iii) you will not reverse engineer, decompile, disassemble, or try to access any of the Site’s software source code; and (iv) you will otherwise act in accordance with the Conditions of Use and in accordance with all applicable local, state, and federal laws. When the Site requires or includes downloadable software, such software may be offered under a separate license, and there may be provisions in that license that expressly override some of these terms.

Subject to your payment of all applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable license to print and/or download portions of the Site solely for your own personal, non-commercial use, provided that you agree not to change or delete any proprietary notices or intellectual property notices (such as copyright ©, trademark ™) from said portions.

We reserve all rights not expressly granted to you under these Conditions of Use. We may modify or discontinue any feature or functionality of the Site, or suspend or terminate the Site altogether, at any time and for any reason.

 5. Privacy

Please review our Privacy Policy [hyperlink], which also governs your use of the Site, to understand our practices regarding the collection and use of information and data protection. The Privacy Policy is explicitly incorporated into these Conditions of Use. You agree to hold us harmless from any claims arising from our disclosure of your personal information or identity made in accordance with these Conditions of Use and the Privacy Policy.

6. Users’ Submissions

We welcome your comments and feedback regarding our Site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, your posting files or other content to the Site, by electronic mail, or otherwise (to “post” means to post, submit, or transmit to, through, or in connection with the Site) including, but not limited to, any data, resumes, e-mail, flash movies, images, logos, audio loops, other software, questions or answers, comments, suggestions, or similar works of authorship (separately and collectively: “Submissions”) will be treated as non-confidential and non-proprietary by the Company. By posting any Submissions to the Site, you automatically grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license, to be exercised by us at our sole and absolute discretion throughout the universe on or through any media and using any technologies, whether now known or later devised, to use, reproduce, modify, publish, edit, translate, distribute, retransmit, broadcast, publicly perform, and publicly display any such Submissions, and to create derivative works thereof. Any Submissions you post to the Site may be used by the Company and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing, and marketing products using such information. Additionally, you hereby grant the Company the right to utilize your name in connection with all advertising, marketing, and promotional materials related to your Submissions.

(a) Assumption of Risk

You alone are responsible for Submissions you post. You assume all risks associated with said Submissions, including (i) anyone's reliance on its quality, accuracy, reliability, or intellectual property status, and (ii) any disclosure in said Submissions of information that makes you personally identifiable. The Company makes no representation or warranty as to the quality, accuracy, reliability, or intellectual property status of any Submissions. Under no circumstances will we be responsible for any loss or damage arising from Submissions. Posting any Submissions in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited.

(b) Restrictions on Submissions

You agree not to post or elsewhere publish any Submissions that: (1) violate any applicable law or regulation; (2) are defamatory or trade libelous; (3) are incorrect, not truthful, threatening, harassing, stalking, vulgar, obscene, pornographic, profane, racially, ethnically or sexually discriminatory in any way, or that otherwise violates any right of another; (4) encourage any conduct prohibited by these Conditions of Use; (5) restrict or inhibit any other user from using the Site; (6) impersonate any person or entity, or directly or indirectly attempt to gain unauthorized access to any portion of the Site or any computer, software, or data of any person, organization or entity that uses or accesses the Site; (7) provide or create links to external sites that violate the Conditions of Use; (8) are intended to harm, exploit, solicit, or collect personally identifiable information of any individual under the age of 18 in any way; (9) invade anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their knowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Site or any of its users; (10) are copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to Post the material and to grant us all of the license rights granted herein; (11) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work; (12) knowingly or negligently post any Submissions that contains viruses or other computer programming defects; (13) directly or indirectly use the Site for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process ("spam" or "spamming" means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including any advertisements); (14) promote a business or other commercial venture or event, sell or commercially use any Submissions, or otherwise use the Site for commercial purposes, except in connection with a seller account and as expressly permitted by us; or (15) collect, aggregate, copy, harvest, duplicate, display or make derivative use of the Site, or use data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us in writing. Notwithstanding the foregoing, we grant the operators of web search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials. We reserve the right to revoke these exceptions in specific cases.

(c) DMCA Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating and barring, in appropriate circumstances and at the Company's sole discretion, Site users who are deemed to be repeat infringers of others’ copyright(s). The Company may also, at its sole and absolute discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. The Company reserves the right to terminate your access to, and use of, the website if the Company reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Conditions of Use, or violated the rights of the Company or any third party, or for any other reason, with or without notice to you.

7. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please send the following information to our Copyright Agent identified below:

    1. A description of the copyrighted work that you claim has been infringed;
    2. A description of where the allegedly infringed material is located on the Site;
    3. A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    4. Your address, telephone number, and email address so that we can contact you;
    5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    6. A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

Our designated Copyright Agent to receive Notice of claimed infringement is:

Ellen Kvam Art & Design, LLC

Attn: Copyright Agent

501 S Monroe Street

San Jose CA 95128

Email: info@ellenkvam.com

[Please note: This procedure is exclusively for notifying us that your copyrighted material has been infringed. Any other feedback, comments, requests for technical support, and other communications should be directed to the Site’s user services at customerservice@ellenkvam.com.]

8. Colors

The Company has made every effort to display as accurately as possible the colors of the Company’s merchandise that appears on the Site.  However, the actual colors that you see will depend on your monitor and video card, and the Company cannot guarantee that your monitor's display of the colors of the Company’s merchandise will be accurate.

 9. Merchandise Availability and Pricing

Our prices are subject to change without notice. Merchandise availability on the Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order is processed, we will notify you of this via e-mail. You can always verify availability by emailing Customer Service at customerservice@ellenkvam.com. You will receive a shipping confirmation e-mail once your items have shipped. The Company uses reasonable efforts to include accurate and up-to-date information on the Site. However, such information, including prices, may be inaccurately displayed on the Site due to system or typographical errors. While the Company will attempt to avoid these errors, they may still occur. The Company reserves the right to correct any and all errors when they do occur, and it does not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, the Company will, at its sole discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. The Company shall have the right to refuse or cancel any orders placed for any product listed incorrectly; if such order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. If a product offered by the Company is not as described, your sole remedy is to return it to the Company for a refund. All shipping and insurance costs required to return a product to the Company will be at your expense.

1. Return and Exchange Policy

If for any reason you are dissatisfied with your purchase, you may return your purchase within 30 calendar days of the purchase date. To be accepted for refund or exchange, any returned product must be unworn, unaltered, in its original packaging, and with all original certificates and accessories. Return shipping and insurance is your responsibility. Returns or exchanges are not allowed, however, on customized jewelry, engraved items or special orders. All returns must be accompanied by an original sales receipt. For refunds, charge credits are issued to the original purchaser on the account to which the purchase was charged. Gift returns with receipt can only be exchanged or converted to a gift card. All returns without a receipt can only be exchanged or converted to a gift card at current price, minus any current promotional discount and any restocking fee. Please note: your original shipping and handling fees or other additional costs will not be refunded unless you received a damaged, defective, or incorrect item. 

1. International Shipments / Importer of Record

For any order shipped from the Company to a location outside the United States of America, you shall be the importer of record and therefore must comply with all laws and regulations of the destination country. Title and risk of loss for items ordered will transfer to you upon delivery to the common carrier in the United States. Prior to delivery to you, the shipment may be subject to customs fees, import duties, taxes, and other charges of the destination country where applicable. These charges are always your responsibility. The customs office of the destination country may impose customs fees, import duties, taxes, and other charges to your international order where applicable. These additional charges required for customs clearance are the also your responsibility. When your order arrives at customs either our shipper, FedEx, or the customs office will contact you directly to arrange for the payment of any charges that may be due.

2. Taxes

Unless you provide the Company with a valid and correct tax exemption certificate that is applicable to your purchase and valid in the location where you purchase is shipped, you shall be responsible for all sales and other taxes associated with the purchase. Value added tax (VAT) will be applied for all orders placed on the Site where applicable. The VAT amount is calculated based on the shipping destination of your order. Please note that this charge will appear in the shopping cart after you have entered a shipping destination.

3. Disclaimer of Warranties

THE SITE, ALL PRODUCTS AND/OR SERVICES OFFERED FOR SALE ON THE SITE, AND ANY RELATED INFORMATION ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS. THE COMPANY MAKES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND AS TO THE PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AUTHENTICITY, OR ANY WARRANTY THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

4. No Insurance; Shipping Risk 

Unless otherwise specified in writing by the Company, all products purchased through the site are shipped without insurance from the Company, and you bear the entire risk associated with any such shipment. Title and risk of loss for all products shall transfer from the Company to you upon shipment from the company’s business location or shipping facility. Loss or damage that occurs during shipping by any carrier (whether selected by the company or by you) is your responsibility, and the company shall not be responsible for any loss or physical damage to any shipment for any reason. 

5. Third Party Links

Links to other websites operated by third parties not affiliated to the Company may be indicated on the Site. The inclusion of any link to such third party sites does not imply endorsement by the Company of those websites. The Company has not reviewed all of the sites linked to the Site. You access linked sites at your own risk. Linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site.

 6. Termination

You agree that the Company may terminate your access to and use of the Site if the Company reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Conditions of Use, or violated the rights of the Company or any third party, or for any other reason, with or without notice to you. The provisions entitled "Disclaimer," "Limitation of Liability," “Applicable Law and Venue,” “Indemnification,” and "General Provisions" will survive termination of these Conditions of Use.

7. Limitation of Liability 

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THE SITE, OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO THE COMPANY, OR FROM THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, FROM THE COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SITE, OR OTHERWISE ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATING TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

8. Applicable Law and Venue

These Conditions of Use shall be governed by and interpreted pursuant to the laws of the state of California, without regard to its principles of conflict of laws. You and the Company agree that exclusive venue for any and all disputes related to or arising from these Conditions of Use will be exclusively brought in an appropriate state court in Alameda County, California or in the United States District Court for the Northern District of California, and you and the Company irrevocably consent to the jurisdiction of such courts for any such dispute.

9. Indemnification 

You agree to indemnify, defend and hold harmless the Company, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Site from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or as a result of your use and/or access of the Site.

 1. General Provisions 

Unless otherwise specified, the Site and the contents thereof are displayed solely for the purpose of promoting the Company’s merchandise. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. The Company’s failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. The Company may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, said conditions shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions of these Conditions of Use. These Conditions of Use contain the entire agreement and understanding of the parties relating to the subject matter herein and supersede all prior agreements, writings, commitments, discussions, and understandings between them. You acknowledge and agree that no reliance is placed on any representation anywhere made that is not expressly contained in these Conditions of Use. These Conditions of Use shall be construed within their fair meaning and no inference shall be drawn against the drafting party.

Any rights not expressly granted herein are reserved by the Company.