Terms & Conditions
This site is owned and operated by Corbeau Atelier, LLC (hereinafter Corbeau Atelier) and its representative employees, agents, affiliates, and contractors. Please read these Terms & Conditions (“Terms”) carefully, as they contain the legal terms and conditions that govern your use of and access to this website and associated mobile applications (collectively, the “Site”), as well as our provision of products and services. Certain services, promotions, and features may have additional Terms and will be incorporated herein or elsewhere as required.
By visiting and/or using the Site, you are signifying your assent to these Terms and our Privacy Policy incorporated herein by reference. Any products ordered or services used through the Site are also governed by these Terms. You agree to defend, indemnify, and hold harmless Corbeau Atelier for any violation or alleged violation of these Terms or our Privacy Policy.
We may revise these Terms from time to time by posting revised versions of the Terms. You agree that your use of the site constitutes your agreement to be bound by the Terms in place at the time of said use.
We Value Your Privacy
When you make a purchase on the Site, you will be asked to provide the information necessary to fulfill and track your order. Your information will never be shared with any third party without your permission. All information is transmitted through a secure SSL checkout process.
Your Use of the Site
You may access and use the Site solely for your personal, noncommercial use. Expect as expressly authorized hereunder, you may not reproduce, duplicate, copy, sell, resell, visit, reverse-engineer, or otherwise exploit the Site and its content for any commercial purpose without prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time in our sole discretion.
Subject to and conditioned upon your compliance with, and agreement to, these Terms, we grand to the Site User a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Site, including any images, text, graphics, sounds, data, links, and other materials incorporated into the Site (other than your User Content and defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, or publicly display any portion of the Site or create derivative works of any portion of the Site without written consent.
While using the Site, you agree: (a) not to upload to, transmit through, or display on any of the Site any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, racially insensitive or otherwise objectionable; (b) not upload to, transmit through, or display on any of the Site any material that infringes on any party’s intellectual property or other rights, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (c) you have all the rights, including copyrights, required for the creation of a custom painting or derivative works of art based on any protected images; (d) defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation, others’ privacy rights or rights of publicity; (e) impersonate any person or entity or use and fraudulent, misleading or inaccurate contact information; (f) restrict or inhibit an other user from use any of the Site, including without limitation, by means of “hacking” or defacing any portion of the Site; (g) violate any applicable laws or regulations, (h) upload to, transmit through, or display on any of the Site (1) any confidential, proprietary or trade secret information of any third party or (2) any advertisements, solicitations, campaigning or other unsolicited commercial communication, (h) post, upload, transmit, or otherwise publish any viruses, Trojan horses, or any other destructive or disruptive items; (i) modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site; (j) remove any copyright, trademark, artist signatures, or other proprietary right notices contained in or displayed on any portion of the Site.
Any use of the Site or its content other than as specifically authorized herein without the prior written permission of Corbeau Atelier is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable regulations and statutes. Unless explicitly stated herein, nothing in the Terms shall be construed as conferring any license to intellectually property rights, whether by estoppel, implication, or otherwise.
Your failure to abide by the above rules will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of the Site.
Site Use
To use certain functions of the Site, you may be required to provide your name, certain information about yourself, and possibly create a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of any username and password that you use to access your account on the Site. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account on any of the Site. You further agree that we may suspend your account at any time, for any reason, in our sole and absolute discretion and that we have no liability for suspending your account.
Making Purchases
If you wish to purchase any products or services through the Site, you will be required to provide us with required information, including without limitation, payment and other information. All information that you provide to us or our third-party payment processor must be accurate, current and complete. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Descriptions, images, references, features, content, specifications, products, prices, and availability of any products or services are subject to change without notice, and our current prices are posted the Site. We make reasonable efforts to accurately display the attributes of our products, including chromatic and achromatic colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Materials Submitted by the Customer
Any materials submitted by you, including without limitation, photographs, images, text, graphics and other materials (collectively, "User Content") are subject to the following terms and conditions: You will retain ownership of such User Content, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense, to use, reproduce, distribute, create derivative works of and publicly display such User Content as is reasonably necessary in order for Corbeau Atelier to provide its services to you. Please be aware that if you share things submitted to Corbeau Atlier with another person or party, that party may take such steps so as to make that item public. In the event this occurs, you hereby release Corbeau Atelier from any and all responsibility in connection with such actions and agree that Corbeau Atelier bears no responsibility or liability for such actions. Please note that, while you retain ownership of your User Content, any layout provided by Corbeau Atelier are not proprietary to you, and such layouts will be our sole and exclusive property. You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Content, and that the User Content do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, racially insensitive or otherwise objectionable. You may not post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Site, and agree to defend, indemnify and hold harmless Corbeau Atelier with respect to any allegations of copyright infringement. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Content to use such individual's likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). You agree that we may (but are not obligated to) filter any User Content (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Content (including, without limitation, suspending processing and shipping of any order relating to any User Content) and/or disclose any User Content and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests. You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your violation or alleged violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Content; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person. User Content that are reported as violating these Terms may be removed from the Site; provided, however, that we have no obligation to remove User Content in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any User Content from the Site. We recommend you keep back-up copies of your User Content on your hard drive or other personal system.
Copyright Ownership
Corbeau Atelier retains the copyright to all commissioned works, including all reproduction rights and the right to claim statutory copyright. Commissioned artwork is not considered “work for hire” unless agreed to in writing before the work begins. No commissioned artwork may be duplicated, reproduced, modified, archived or destroyed without the written consent of Corbeau Atelier. The Artist will receive credit by name in any reproductions, published illustrations and photographs of the commissioned artwork, and the right of the Artist to sign and have his signature displayed in all reproductions remains intact unless otherwise agreed to in writing. Corbeau Atelier retains the right to use the image of the commissioned artwork on the Site, in portfolios or promotional materials, and to commercially sell reprints. It is understood that the commissioned artwork will be used for private and non-commercial use without a separate Agreement that clearly articulates additional compensation terms.
For privacy reasons, Site Users will be afforded the opportunity to enact certain restrictions for Corbeau Atelier to use images of a custom piece of artwork for any marketing or resale purposes. With a written agreement in place, all images involved in the creation of the commissioned artwork in question, including the completed artwork, will be kept private by Corbeau Atelier and its respective employees, agents, affiliates and contractors, and as such, will not be available for public viewing. The User agrees that (a) Corbeau Atelier cannot be held responsible for any damages accrued from the User sharing such images to any other party in any form, (b) all other conditions of Copyright Ownership articulated above remain intact, and (c) this accommodation may result in an upcharge to the standard cost of the custom artwork.
Copyright Issues
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Before submitting a DMCA notice, it is important to consider if the manner in which the material is used falls under fair use. The notice must include the following information: identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable Corbeau Atelier to locate the material on the Site; the name, address, telephone number and email address (if available) of the complaining party; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. Please note that you may be liable for damages if you “knowingly materially misrepresent” your copyrights. Fair use should also be taken into consideration; a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The DMCA permits submissions of counter-notices if, in good faith, a person feels that a copyright infringement has been wrongfully filed. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov for details). DMCA notices and counter-notices regarding the Site should be sent to Deane@CorbeauAtelier.org.
While we are not obligated to review User Content for copyright infringement, we are committed to protecting copyrights and may take action, which in our sole discretion we deem appropriate, including removing the material at issue, denying access to and use of the Site and/or terminating the accounts of violators, pursuant to the DMCA or otherwise. In the case of termination under this paragraph, Corbeau Atelier shall have no obligation to provide a refund of any amounts previously paid.
Forums
We may provide Site Users with the ability to post messages or make statements that, whether intentionally or unintentionally, may be inaccurate, misleading or deceptive, or provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of the Site or others. The opinions expressed by such users reflect solely the opinions of the participants and may not reflect the opinions of Corbeau Atelier. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, or third-party users be liable for any loss or damage caused by your reliance on such information obtained through such users. We may, but have no obligation to, monitor such messages or statements and any materials displayed, transmitted or otherwise made available through the Site.
Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE "CORBEAU ATELIER PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE CORBEAU ATELIER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE CORBEAU ATELIER PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE CORBEAU ATELIER PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES AND MAKE NO FURTHER PAYMENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE CORBEAU ATELIER PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IF CORBEAU ATELIER BEGAN WORK ON YOUR ORDER AFTER THE SITE USER SUBMITTED A NON-REFUNDABLE DEPOSIT, THAT MONEY IS NOT RECOVERABLE.
Policy for Site Idea Submission
Customers may be interested in submitting ideas and suggestions for products and services to be used on or by Corbeau Atelier, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the Site; however, please note that any such ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a letter to Deane@CorbeauAtelier.org. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by us in order to evaluate your idea or suggestion.
Jurisdictional Issues
The Site is controlled and operated from the United States. The Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that any of the Site, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Corbeau Atelier do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion
Termination
Either you or we may terminate your access to the Site and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use the Site will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Content. Upon termination, Corbeau Atelier may delete all information, files and materials related to your account, including any User Content, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access the Site and to your account and/or as a result of the deletion of any information, files or materials in or related to your account.
Class Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF ANY OF THE SITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
Miscellaneous
These Terms are governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Cook, Illinois, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may be modified or amended as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contact Information
If you have any questions or comments regarding these Terms, please contact: deane@corbeauatelier.org.