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TERMS & CONDITIONS
Last Revised: May 31, 2021
INTRODUCTION
These Terms & Conditions (“Terms”) are an agreement between you or the entity you represent (“you,” “your,” or “user”) and Caswell, Inc., doing business as Caswell Sculpture, a corporation governed by the laws of the State of Oregon, USA (“Company,” ”we,” “our,” or “us”). Company owns the website www.caswellsculpture.com (“Website”) and any artwork associated with it (“Artwork”).
YOUR AGREEMENT
The Terms include and hereby incorporate by reference our Privacy Policy. You must read, agree to, and accept all of the terms and conditions contained in these Terms and any policies incorporated herein by reference in order to use the Website and any service associated with it. If you do not accept these Terms and incorporated policies in their entirety, you must not access or use the Website.
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, “you,” “your,” or “user” will refer and apply to that entity.
MINIMUM AGE REQUIREMENT
We are committed to protecting children’s personal information. You have to meet the following age requirement if you wish to register for an account on the Website (“Account”) and purchase any Artwork. If you are accessing the Website from:
- the United States or Brazil, you must be at least 13;
- the European Union and the European Economic Area, you must at least 16;
- any other part of the world, you must be at least 18 or of the age of majority in your country of residence (whichever is higher).
AMENDMENT OF TERMS
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Website, without prior notice to you, by posting a revised version of the Terms and/or sending a notification about changes made to features or functionality of the Website. Your continued use of the Website after the revision date constitutes (a) your acceptance of revised Terms and policies and/or changes in Website and (b) agreement to be bound by any such revised terms and conditions.
YOUR ACCOUNT
Registering for an Account. In order to register for an Account, you must provide certain information about yourself as requested. By registering for an Account, you represent and warrant that: (a) all information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Website, purchasing or ordering/commissioning of any Artwork does not violate any applicable laws and (d) you have reached the minimum age as specified above.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.
LICENSE TO USE WEBSITE
License. Subject to the terms and conditions of these Terms, Company grants you a worldwide, non-transferable, and non-exclusive license of the right to use the Website.
Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit your Account or the Website; (b) you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to create copies of our Artwork; (d) you shall not impersonate other individuals or provide inaccurate information about yourself; (e) represent an entity without its prior authorization to do so; (f) you shall not engage in anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose; and (g) you shall not violate or encourage others to violate these Terms and policies incorporated herein by reference. Any future release, update, or other addition to any of functionalities of the Website shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Website to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Website or servers or networks connected to the Website (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Website.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Website or any part thereof. Prices for our Artwork and services are subject to change without notice. We reserve the right at any time to modify or discontinue provision of any Artwork or service without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Artwork or service provision.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Website and Artwork. The Website is licensed to you; this means that the Website is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Website. Our name, logo, and other names associated with the Website belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
HOW TO COMMISSION ARTWORK
In order to learn more about the process on how to commission an artwork or how long it would take to create a bronze sculpture, you can contact us directly at + 1 (503) 502-7756 or by email at info@caswellsculpture.com. For most commissioned work, we require a 50% deposit up-front, and then the balance when the Artwork is completed, before it leaves the studio or foundry. All sales are final.
HOW TO MAKE AN APPOINTMENT WITH US AT OUR STUDIO
Our studio is located at 903 E Historic Columbia River Highway Troutdale, OR 97060. The studio is located inside the Art Center. The business hours are Friday 11am-4pm, Saturday 11am-4pm and Sunday 12pm-3pm. Visits during the week can be arranged by appointment. To schedule an appointment, please call + 1 (503) 502-7756 or email us at info@caswellsculpture.com.
PERSONALIZING ARTWORK
Any available Artwork may be customized with a unique patina, a unique plaque, or another type of personalization. Additional fees may apply. Contact us to get a quote.
SHIPPING POLICY
We will ship your Artwork as soon as it is reasonably possible, provided the size of your Artwork.
REFUND & RETURN POLICY
Due to highly personalized nature of our services and Artwork pieces, all sales are final. No returns will be accepted and no refunds will be issued.
YOUR COMMENTS, FEEDBACK, IDEAS, AND OTHER INTELLECTUAL PROPERTY
If you send us artwork ideas, suggestions, proposals, images, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submission(s)”), you agree that we may, at any time, without restriction, edit, copy, translate and otherwise use any Submission that you share with us solely for the purpose of creating Artwork for you. Unless otherwise stated by you, you hereby grant us the license of the right to post/publish images and/or videos of your completed Artwork on our Website.
By sharing with us your Submissions, you represent and warrant that: (i) your Submissions do not violate any law, privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and (ii) your Comments do not contain hateful, defamatory, or discriminatory content and do not incite hatred against any individual or group. We reserve the right to terminate the Account of anyone found to be infringing one’s copyright or violating any provisions of these Terms.
PRIVACY POLICY
Your submission of personal information through the Website, email, or phone is governed by our Privacy Policy.
DISCLAIMERS; WARRANTY; LIMITED LIABILITY
The Website and services are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Website will be uninterrupted, timely, secure or error-free.
Occasionally some information on the Website may contain typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, shipping charges, and transit times. We reserve the right to fix any such errors or omissions at any time, however, we shall have no obligation to do so.
We do not warrant that the quality of any Artwork will meet your expectations, or that any errors in any Artwork will be corrected.
In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any Artwork. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the policies incorporated herein by reference, or your violation of any law or the rights of a third-party.
TERM & TERMINATION
These Terms shall come into effect on the day when you first access the Website and shall stay in effect until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Website, or when you close your Account.
If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due; and/or accordingly may deny you access to the Website.
GENERAL PROVISIONS
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Website or commissioning of an Artwork. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by Company via email (to the email address that you provide), (b) a posting on the Website or (c) by you via email to info@caswellsculpture.com or to such other email addresses as Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Dispute Resolution & Governing Law. These Terms shall be exclusively governed by, and construed in all respects in accordance with the laws of the State of Oregon, USA, without giving effect to the conflict of law principles thereof. Any controversy or claim arising out of or relating to these Terms or the breach of these Terms, which remains unsettled following diligent efforts by each party to reach a mutually acceptable resolution of such claim or controversy, shall be settled by arbitration and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.