Terms and Conditions
KAYLA KING ART
Terms and Conditions of Sale
Last Updated: November 2021
OVERVIEW
This website is operated by Kayla King Design. Throughout the site, the terms “we”, “us” and “our” refer to Kayla King ("Kayla"). These Terms of Use (the “Terms”) describe the terms and conditions that apply to your use of this and other Kayla King websites, mobile applications and social media channels, as well as the purchase of Kayla’s physical print products (the “Physical Prints”) and digital print downloads (the “Digital Prints” and, together with the Physical Prints, the “Prints”) and related services (collectively, the “Services”). Kayla King’s offer of its Prints on this site is made available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. By accessing, using or interacting with the Services in any way, whether as a browser, vendor, customer, merchant and/or contributor of content, you agree to be bound by these Terms.
If you do not agree to all the terms and conditions of this agreement, then you may not purchase any Print or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
We recommend you review these Terms each time you purchase a Print or use the Services and that you print a copy of these Terms for your future reference.
Our store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Print products to you.
SECTION 1 – REPRESENTATIONS REGARDING YOUR USE OF THE SERVICES
By placing an order for Prints through our site, you represent that: (i) you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site; (ii) you are legally capable of entering into binding contracts; (iii) you will not copy, distribute or share the Prints other than as allowed under these Terms; and (iv) you will not use our products for any illegal or unauthorized purpose or, in the use of these Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 – PERSONAL INFORMATION
You do need to register with our site or with Shopify to place an order for a Print; however, you will be required to provide certain information including certain personal and payment/billing details so that we can process your order. You agree that we may store, process and use personal data collected from you solely for the purposes of processing/fulfilling your order. We work with third parties that help us provide the Prints to you, including electronic fulfillment, credit card payment and collection companies, and they will also have access to your personal data to the extent necessary to help us process/fulfill your order. For further information about how we may store, process and use your personal data, please refer to our Privacy Policy, which can be accessed at: https://kaylaking.com/pages/legal.
You agree to provide us with truthful, complete and accurate details. You further agree to provide us with your details only. You should keep any Shopify account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your Shopify account details have been compromised. You are responsible for all orders placed/activity undertaken using your Shopify account details.
SECTION 3 – LICENSE TO USE THE PRINTS
All Prints available through the site are owned or controlled by us and are protected by intellectual property rights.
Any use of Prints purchased through the site is subject to these Terms and Conditions of Sale. Upon payment of the price for any Digital Print, we grant you a non-exclusive, non-transferable license to use the Digital Print consistent with these terms.
You agree that you will use Digital Prints for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or transfer any Digital Prints to anyone else. Nothing in these Terms grants to you any rights other than those expressly set out herein. These Terms do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Print.
We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these Terms and to prevent your unauthorized use of this site and/or our Prints.
Digital Prints are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. You must adhere to any and all usage restrictions that apply to the Digital Prints as set out in these Terms.
Under the terms of your license to use the Digital Print, you may create physical printed copies of the same Digital Print up to five (5) times over a one (1) year period. Should you wish to exceed this limit, please email kayla@kaylakingdesign.com and we will be able to assist you further.
To prevent unauthorized use, Digital Prints may carry a digital watermark or other security technology that will not appear on physical copies of the Digital Prints but which would allow us to identify the origin of the Digital Print and track any subsequent unauthorized transfer. You agree to not attempt to remove any such watermark or circumvent such security technology in any way.
SECTION 4 – REQUIREMENTS TO ACCESS THE DIGITAL PRINT SERVICES
In order to access and download Digital Prints you will need:
- Internet access; and
- A personal desktop computer or mobile device capable of opening the Digital Prints, which will be delivered as JPEG files.
You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Prints functions correctly with this site.
You acknowledge that due to industry/technology developments, the nature of the Digital Prints offered (including format of files, operating systems, downloading software, etc.) and the system requirements may change from time to time. We will use commercially reasonable efforts to update our site with information relating to system requirements.
SECTION 5 – AVAILABILITY AND DELIVERY OF PRINTS
All Prints featured on our site are subject to availability. We reserve the right to change or remove a Print or other content on the site at any time without notice or liability to you or to any third party. For example, we may have obtained rights from third parties to make the Print available and, in the event we lose these rights, we may need to remove the Print from the site and make it unavailable for purchase.
We reserve the right, but are not obligated, to limit the sales of our Prints to any person, geographic region or jurisdiction or to reject any order we receive. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Prints that we offer. All descriptions of Prints or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Print offering at any time. Any offer for any product or service made on this site is void where prohibited.