TERMS AND CONDITIONS OF USE

Welcome to the Becky Hason Web Site (the “Site”). Please read this User Agreement carefully, including the Becky Hason Privacy Policy.

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED ON THIS PAGE.

By accessing and using the Site, you accept and agree to be bound, without modification, limitation, or qualification, by these terms. If you do not accept any of the terms stated here, you must not use the Site. The right to access and use the Site is not transferable to any person or entity. Becky Hason may, at its sole discretion, modify or revise this User Agreement at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit this page periodically to review the User Agreement. If we do make material changes, we will post a notice on the Site that the User Agreement has been modified. When you continue to use the Becky Hason Site after we post a change, it means you agree to the new rules.

ONLINE PRIVACY STATEMENT

Please review our Privacy Policy. It is part of this User Agreement and describes our data collection policies, privacy measures, and treatment of personal information of Site users.

CHANGES

Becky Hason reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site and any and all images, features, and sections contained on it. Becky Hason shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.

YOUR ACCOUNT

By creating an account on the Site, you may order and purchase photographs, group images on the Site into personal collections, email images, and download them—as long as you abide by copyright law. You are personally responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

ELECTRONIC COMMUNICATIONS

Users of the Site who establish accounts with Becky Hason consent to receive communications from us by email. You also agree that all notices, disclosures, agreements and other communications we provide to you by email satisfy any legal requirement that such communications be in writing.

COPYRIGHT — USE OF CONTENT

Access to and use of the photographs, text, and other files on the Site are subject to the following terms and conditions:

ALL CONTENT ON THE SITE IS PROTECTED BY COPYRIGHT LAWS

The Site, and all materials contained within the Site, including images, text, software, and audio and video clips, are protected by copyright, trademark and other laws and may be covered by other restrictions as well. Becky Hason, Inc. and its owners either own or have acquired all rights in the Site and the materials contained within the Site. The purchase of any photograph or other product does not provide the purchaser with any copyright interest or other intellectual property right in the photograph or product.

As a service to our customers, Becky Hason permits registered users of the Site to download, email, and distribute copyrighted photographs from the Site for the purpose of facilitating image selection. These functions can be especially useful when choosing images for larger projects, especially those involving selection committees. However, Becky Hason specifically prohibits the non-authorized commercial use of the photographs. Except for the purposes described above, and except for the purposes of fair use as defined in the copyright laws, Becky Hason expressly prohibits the copying and distribution of any protected materials on the Site.

Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting, so long as you do not use more than you need for the permitted purpose and you do not interfere with an established market for licensing the material. Unless otherwise noted, users who wish to download or print any text or image files from the Site for such “fair” uses may do so without the express permission of Becky Hason. However, users must cite the photographer or author and source of this material as they would material from any printed work; the citation should include the URL http://irisarts.webfactional.com.

A fair use analysis depends on individual facts. By downloading, printing, or otherwise using content from the Site, users agree that they will limit their use of the protected materials to fair use, will not violate the proprietary rights of Becky Hason, and will be solely responsible for any violation.

COMMERCIAL USE IS PROHIBITED

Unauthorized commercial exploitation of protected materials is specifically prohibited. Anyone wishing to use any of the files or images contained in the Site for commercial use or any purpose other than fair use as defined by the copyright laws must request and receive prior written permission from Becky Hason. All requests for permission to reproduce protected materials for commercial use should be addressed directly to: info@irisarts.com

LINKS TO OTHER WEB SITES

The Becky Hason Site may contain links to other websites that we think may be of interest to you. We have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should read. Becky Hason has not reviewed all of the sites that link to the Site and is not responsible for their content. If you use a link to visit any other site, you do so at your own risk.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITE, AND ALL CONTENT CONTAINED ON THE SITE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR CONTENT CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT.

WE DO NOT MAKE ANY WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

YOUR USE OF THE SITE AND THE CONTENT CONTAINED ON THE SITE IS AT YOUR OWN SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE CONTENT. IN NO EVENT WILL WE OR ANY CONTENT PROVIDER BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, EVEN IF WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify and hold harmless Becky Hason, Inc., its officers, employees and agents, against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of this User Agreement, your use of the Site or any protected materials or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Since your credit card information never hits the servers of Becky Hason, but rather is encrypted and handled a secure credit processor, you also indemnify Becky Hason, Inc., its officers, employees and agents, against all claims of payment or credit error or falsification of credit arising from such transactions.

TERMINATION

We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of this User Agreement survive any such termination.

GOVERNING LAW

This User Agreement is governed by the laws of the State of Oregon applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in Curry County and the State of Oregon and waive any jurisdictional and venue or inconvenient forum objections to such courts.

GENERAL

If any provision of this User Agreement is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Headings are for reference purposes only and in no way define or limit the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement set forth the entire understanding and agreement between us with respect to the subject matter of this User Agreement.

TERMS OF SALE

PRINTS

With the exception of custom prints that are printed by our photographers, all Becky Hason prints are made by a third party – a custom commercial lab chosen by Becky Hason for its excellence in printing and shipping, and its reputation for reliability. The lab is continually monitoring print quality, and on occasion, especially as important advances in technology become available, it may make minor improvements in the choice of materials and print margins without first notifying Becky Hason. Becky Hason will make every effort to have its website reflect any such changes, but minor differences between the website description of a particular product and the actual materials and margins, etc., may occasionally be noted.

PAYMENTS

Payment is due in full before your order can be processed. As soon as your credit card is approved, it will be charged, and your order will be sent for printing. Please note that we cannot issue a refund once your order has been printed.

RETURN RIGHTS

As described in our About page, except for special orders, our images are custom-printed in a high-quality commercial lab that also does the shipping. Although great care is taken with the shipping of your image, on rare occasions an order may be damaged during transport. In that case, we will provide you with a replacement print free of charge. To receive your replacement, please notify us by email as soon as possible. Attach digital photos of the item and the shipping container, include your order number and a brief description of the damage, and send the email to: info@irisarts.com

Your request will be processed promptly.

 

© Becky Hason 2015 All Rights Reserved