Terms
Overview
This website (the "Site") is operated by Heather Wolfe Art ("we," "us," or "our"). By accessing or using the Site or purchasing products or services from us, you ("you" or "your") agree to be bound by these Terms of Service ("Terms"). These Terms apply to all users. If you do not agree, do not access the Site or purchase from us. We may update these Terms at any time by posting changes on the Site; your continued use after changes constitutes acceptance. You are responsible for reviewing this page periodically.
1. Eligibility and Use Restrictions
You represent that you are at least the age of majority in your jurisdiction. We do not intend for minors to use the Site or our services. You may not use the Site, products, or services for any illegal or unauthorized purpose, violate any laws (including copyright laws), transmit viruses, worms, or destructive code, infringe intellectual property or other rights, harass or discriminate, submit false information, or interfere with security features. Without our express written permission, you may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or services. We reserve the right to refuse service or terminate access at any time for any reason. Headings are for convenience only and do not affect interpretation.
2. Information, Modifications, and Orders
Information on the Site is provided for general purposes only, may not be accurate, complete, or current, and is relied upon at your own risk. We may modify Site content, services, or prices at any time without notice and are not liable for any changes, suspensions, or discontinuations. We may correct errors, inaccuracies, or omissions at any time (including canceling affected orders) without prior notice or obligation to update information except as required by law. You are responsible for monitoring changes.
We may refuse, limit, or cancel orders (including quantities per person, household, or order) at our discretion, particularly for orders appearing to be from resellers, and may notify you using provided contact information. You agree to provide current, complete, and accurate purchase and account information and update it promptly.
3. Products and Services
Information on the Site is provided for general purposes only, may not be accurate, complete, or current, and is relied upon at your own risk. We may modify Site content, services, or prices at any time without notice and are not liable for any changes, suspensions, or discontinuations. We may correct errors, inaccuracies, or omissions at any time (including canceling affected orders) without prior notice or obligation to do so. You are responsible for monitoring changes. Products and services may have limited quantities and are subject to our Refund Policy. We require full payment before commencing work. For live performance bookings, payment plans must be completed at least three weeks before the booking date and prior to any consultation. Prior to booking a live event performance, you must confirm our availability, obtain venue approval, and receive our written consent for any additional agreements. Upon booking, you must provide reliable contact information, secure venue access (including reasonable loading, parking, and equipment space), pay any and all venue-imposed costs, and ensure a sheltered, safe, compatible environment throughout the performance. Failure to meet these requirements may, at our sole discretion, result in non-refundable cancellation.
We strive to display product colors and images accurately but cannot guarantee monitor accuracy. We may limit sales to any person, region, or quantity; change descriptions or pricing; or discontinue products at any time. We do not warrant that products or services will meet your expectations or that errors will be corrected.
4. Content Rights
We retain all copyrights and intellectual property rights in all content we create, including but not limited to original artworks, commissioned works, live performances, photographs, videos, audio recordings, documentation, and any related materials. By purchasing a physical artwork or engaging our services, you acquire ownership of the tangible item (if applicable) and a non-exclusive, worldwide license to display, make prints, share (including on social media for personal or business purposes), and make incidental adaptations for your own use, provided such use portrays our work in a positive light and includes appropriate credit to us where feasible.
You may not use any content we create for direct monetization purposes—including resale of the work or reproductions, creation and sale of derivative works, use as album covers or product packaging, licensing to third parties, or any other commercial exploitation—without our prior written consent. We encourage sharing and adaptation that promotes or celebrates our work in a positive manner, even if it indirectly supports personal or business branding, provided it does not involve direct revenue generation from the content itself. We reserve the unrestricted right to capture, document, use, publish, display, distribute, edit, and create derivative works from images, videos, audio, or other recordings of all content we create, for any purpose (including promotional, commercial, portfolio, and artistic uses).
If you submit comments, feedback, ideas, materials, or otherwise engage our services (including live performances, commissioned works, or any other artistic services), you grant us irrevocable, worldwide, royalty-free permission to use, edit, publish, display, distribute, and create derivative works from such submissions in any media, now known or hereafter developed, for any purpose (including promotional, commercial, artistic, and testimonial purposes) without further consent, compensation, or obligation to maintain confidentiality. This permission extends to any photographs, videos, audio recordings, or other captures of your image, likeness, voice, performance, or that of any other persons present or involved in connection with our work. We may monitor or remove objectionable content but are not required to do so. Your submissions and any captured materials must not violate third-party rights or contain unlawful material or malware; you are solely responsible for their accuracy and legality. We will honor a written request not to use specific submitted or captured material only if we receive such request in writing prior to the commencement of our work.
We may provide access to third-party tools or links "as is" without warranties, control, or liability. We are not responsible for third-party content, sites, or transactions; review their terms before engaging.
5. Personal Information
Your personal information is governed by our Privacy Policy.
6. Disclaimer & Limitation of Liability
The Site, products, and services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, secure, or error-free operation. To the fullest extent permitted by law, we and our agents, officers, directors, employees, affiliates, contractors, suppliers, and licensors shall not be liable for any direct, indirect, incidental, consequential, punitive, or other damages arising from your use of the Site, products, or services, even if advised of the possibility. In jurisdictions limiting such exclusions, our liability is limited to the maximum extent permitted by law.
7. Indemnification
You agree to indemnify, defend, and hold harmless us and our agents, officers, directors, employees, affiliates, partners, contractors, licensors, suppliers, and subcontractors from any claims, demands, or liabilities (including reasonable attorneys' fees) arising from your breach of these Terms, violation of law, or infringement of third-party rights.
8. Termination, Severability, and Entire Agreement
These Terms remain effective until terminated. You may terminate these Terms at any time by ceasing all use of the Site and our services. We may also terminate this agreement at any time if you fail to comply with any provision. Survival: Termination of these Terms shall not change or diminish your existing obligations or our rights established under this agreement. All provisions which by their nature should survive termination—including but not limited to payment obligations, content rights and licenses, disclaimers, limitations of liability, indemnification, and the refund policy—shall remain in full force and effect regardless of termination.
9. Refund Policy
Due to the nature of live event bookings and custom services we sell, all purchases and payments are 100% non-refundable once the order is placed, and your approval of digital previews constitutes final acceptance of the design. All live events incur risk and therefore we do recommend you purchase insurance. We are not liable for failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, inclement weather, illness, tragedy, or venue constraints; in such cases, no refund will be issued, and we will instead make commercially reasonable efforts to provide a suitable alternative, reschedule the service, or provide a store credit for future use at our discretion. In the unlikely event that we fail to deliver services due to our own error or negligence, excluding events outside our control, our liability is limited to a refund of the amount you paid which shall serve as your sole and final remedy.
10. Governing Law
These Terms are governed by the laws of the United States.