Terms and Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://cherryarts.org, https://cherrycreekartsfestival.org, https://stanleyartsfestival.org, https://cherryartshop.org websites (the “Service”) operated by CherryArts (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using our Service.
Your access to and use of our Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using our Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Cherry Creek Arts Festival dba CherryArts
Legal headquarters: 2 Steele Street, Suite B100, Denver, CO 80206
USER REGISTRATION AND ACCOUNTS
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
When you purchase items through our website, your payment and personal information is always safe. Our online purchasing pages use Secure Sockets Layer (SSL) software that is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the Internet.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons that we consider as valid.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
You may return any artwork within 14 days of receiving the work. We cannot accept returns on custom orders. If you wish to make a return, please email us at email@example.com or call (303) 355-2787.
How to Return Artwork
Here is the process for returning an item:
1. Contact us by either emailing us at firstname.lastname@example.org or calling (303) 355-2787 with the following information: your name, username, contact phone number and details on the return.
2. Art items are generally returned to the artist who created them.
3. If the art item arrived to you via UPS, we will provide you with a UPS Return Service label. If the art item arrived to you via a freight carrier or blanket-wrap service, we will contact the carrier and set up a time for them to retrieve the art item. You are responsible for return shipping costs, unless the item was damaged when received.
4. Repack the product in its original packaging materials. If the product is damaged in return shipping due to packaging error, you will be responsible.
You can expect a refund in the same form of payment originally used for purchase within 7 to 14 business days of the artist receiving your return, providing it arrives safely. You will be credited for the price of the artwork minus shipping costs. We cannot accept items that have been damaged, altered, or worn. You will receive an email when the artist receives your return.
Artwork Damaged in Transit
If your package appears damaged, please call us at (303) 355-2787 so we can arrange to have it picked up and inspected. Please retain all of the original packing materials.
Any order that is not a special order or customer order can be cancelled prior to the artist shipping the work. Please email us at email@example.com or call us at (303) 355-2787 to cancel an order. You can expect a refund in the same form of payment originally used for purchase within 7 to 14 business days.
The Service and its original content, features and functionality are and will remain the exclusive property of CherryArts and its licensors. The Service is protected by copyright, trademark, and other laws of the United States. Our trademarks, trade names, images and logos may not be used in connection with any product or service without the prior written consent of CherryArts.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by CherryArts. CherryArts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that CherryArts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
We have the right to: (a) take any action with respect to User Accounts or Access that we deem necessary or appropriate; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites; (c) terminate or suspend your access to all or part of the Website.
LIMITATION OF LIABILITY
In no event shall CherryArts, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
CherryArts and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
How CherryArts Uses Information Provided By You, CherryArts uses this information to provide you with the service you have requested. We may also use the information to communicate with you about new artwork within the shop or upcoming events. CherryArts does not sell our users’ information in any way, shape or form.
From time to time, it may be necessary for CherryArts to modify or replace its Terms and Conditions, so we suggest that you check here periodically. Rest assured, however, that any changes will not be retroactively applied and will not alter how we handle previously collected information. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms.
INTELLECTUAL PROPERTY RIGHTS
(a) The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Websites for your non-commercial use only. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted, are reserved by the Company.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Websites, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Websites; or (iii) access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.
(d) The Company name, the Company logos, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
If you have any questions about your interaction with this Website, send e-mail to: firstname.lastname@example.org