AGREEMENT BETWEEN USER AND www.ingridandching.com
Welcome to www.ingridandching.com. The www.ingridandching.com website (the "Site") is comprised of various web pages and social media operated by Ingrid and Ching ("Ingrid and Ching"). www.ingridandching.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.ingridandching.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.ingridandching.com is an e-commerce site showcasing original artwork and products by Ingrid and Ching.
Visiting www.ingridandching.com, sending emails to Ingrid and Ching or posting to our social media constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ingrid and Ching is not responsible for third party access to your account that results from theft or misappropriation of your account. Ingrid and Ching and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Ingrid and Ching does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use www.ingridandching.com only with permission of a parent or guardian.
CREDIT CARD INFORMATION
All credit card payments are processed through third party merchant providers. Ingrid and Ching does not maintain customer credit card information.
All items are shipped from Philadelphia, PA. Prints are customarily packaged and shipped as follows:
All prints are handled with the utmost care, packaged beautifully in paper.
Prints 8" x 10" and smaller are mailed in a sturdy flat mailer.
Prints 11" x 14" and larger are mailed in a thick tube.
Domestic shipments for the above size prints are shipped via USPS or FedEx and arrive within 1-2 weeks from time of shipping. International shipments are shipped via USPS or other international carrier. International shipments normally arrive in 3-4 weeks. The international shipping rate will be calculated after checkout, so the amount charged at time of checkout may not be the final amount. Please email for an estimate.
Artwork larger than 50 inches is sent via using a freight service to expertly handle the painting and deliver it right to your location.
In-person pick up: we allow in-person pick up on a limited basis at our discretion at our studio location in Philadelphia, PA. Please email for availability.
ALL SALES FINAL / REFUND POLICY
All prices are listed in US dollars. Every order, commission, and sale is handled with extreme care. Please take the time to read descriptions carefully and the check colors on multiple screens if you are concerned about color variations.
All sales are final. Commission pieces cannot be canceled once begun and are subject to the terms of our commission agreement.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.ingridandching.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Ingrid and Ching and Ingrid and Ching is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ingrid and Ching is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ingrid and Ching of the site or any association with its operators.
Certain services made available via www.ingridandching.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ingridandching.com domain, you hereby acknowledge and consent that Ingrid and Ching may share such information and data with any third party with whom Ingrid and Ching has a contractual relationship to provide the requested product, service or functionality on behalf of www.ingridandching.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Ingrid and Ching or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You are not authorized to reproduce images of our work without our express, written consent.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ingrid and Ching content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ingrid and Ching and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ingrid and Ching or our licensors except as expressly authorized by these Terms.
Please note that Ingrid and Ching retains all rights to all artwork, even those of sold and commissioned original paintings. Ingrid and Ching retains the right to make reproductions of any and all artwork created unless the collector has purchased the full rights to the artwork (this is in addition to simply purchasing the original). The collector or buyer may not reproduce the artwork in any way without written permission.
The collector has the right to display the artwork in their home or business. Artwork may not be resold or reproduced for profit in any way without the artist's written permission.
Please let us know if you are interested in purchasing full rights to your painting.
USE OF COMMUNICATION SERVICES
The Site may contain social media, comments sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Ingrid and Ching has no obligation to monitor the Communication Services. However, Ingrid and Ching reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Ingrid and Ching reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
POSTING REVIEWS, PHOTOS AND CONTENT TO OUR SITE OR SOCIAL MEDIA
Ingrid and Ching does not claim ownership of the materials you provide to www.ingridandching.com (including feedback and suggestions) or post, upload, input or submit to any Ingrid and Ching Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Ingrid and Ching, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission on websites or social media outlets.
No compensation will be paid with respect to the use of your Submission, as provided herein. Ingrid and Ching is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ingrid and Ching's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You also agree to waive any and all claims against Ingrid and Ching for use of the images and/or any content you have provided.
The Service is controlled, operated and administered by Ingrid and Ching from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ingrid and Ching Content accessed through www.ingridandching.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Ingrid and Ching, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ingrid and Ching reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ingrid and Ching in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INGRID AND CHING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
INGRID AND CHING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. INGRID AND CHING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Ingrid and Ching reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ingrid and Ching with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ingrid and Ching with respect to the Site. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Ingrid and Ching reserves the right, in its sole discretion, to change the Terms under which www.ingridandching.com is offered. The most current version of the Terms will supersede all previous versions. Ingrid and Ching encourages you to periodically review the Terms to stay informed of our updates.
Ingrid and Ching welcomes your questions or comments regarding the Terms: Ingrid and Ching
Email Address: email@example.com