Agreement between User
and https://robinsbest.com
Welcome to
https://robinsbest.com. The https://robinsbest.com website (the
"Site") is comprised of various web pages operated by RobinsBest -
Artwork by Flint ("Robinsbest"). https://robinsbest.com is offered to
you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein (the "Terms"). Your use of
https://robinsbest.com constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.
https://robinsbest.com is
an E-Commerce Site & Blog.
This website is an online
portfolio of artwork created by Robin Flint. It is also a gallery of work for
sale to the public in the form of original artwork, prints and commissions.
Privacy
Your use of
https://robinsbest.com is subject to Robinsbest's Privacy Policy. Please review
our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting
https://robinsbest.com or sending emails to Robinsbest 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.
Children Under Thirteen
Robinsbest does not
knowingly collect, either online or offline, personal information from persons under
the age of thirteen. If you are under 18, you may use https://robinsbest.com
only with permission of a parent or guardian.
Cancellation/Refund
Policy
Robinsbest will require 35%
down for new commissions, and that is non-refundable. The only exception is if
the work completion date goes 45 days past the deadline agreed upon between
Robinsbest and the Customer. The artist will send proofs electronically
during the commission work period. If the customer lives nearby, they are
welcome to set up an appointment to preview the work in person at the artist's
home. During that work period, small changes to the art can be made by the
artist if requested, and if the requests are reasonable. But, the artist
does maintain creative license and may opt not to make said changes if they
will negatively impact the art. Once the work is complete, a final proof will
be sent electronically to the customer. If the work is not approved, then the customer is not
liable for the balance of the commission and the artist will keep the art.
If the work is approved, then final payment must be made to RobinsBest - Artwork by Flint.
Once that has happened, the art it will be given to the customer either in
person or via the mail. If it is mailed, it will have insurance on it should it
get damaged during shipping. No refunds will be offered once the commissioned
art is delivered.
For all other artwork, I have a 100% satisfaction guarantee policy. If you are not completely happy with your product, please contact me within 7 days of receiving your art. Include your order number and a brief description of what’s going on. I will contact you within 24 hours to see how I can help. There may be a 25% restocking fee that is required for any order canceled after shipment or exchanged for reasons other than damaged packaging.
Links to Third Party
Sites/Third Party Services
https://robinsbest.com
may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of Robinsbest and Robinsbest 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.
Robinsbest is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Robinsbest of the site or
any association with its operators.
Certain services made
available via https://robinsbest.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from
the https://robinsbest.com domain, you hereby acknowledge and consent that
Robinsbest may share such information and data with any third party with whom
Robinsbest has a contractual relationship to provide the requested product,
service or functionality on behalf of https://robinsbest.com users and
customers.
No Unlawful or Prohibited
Use/Intellectual Property
You are granted a
non-exclusive, non-transferable, revocable license to access and use
https://robinsbest.com strictly in accordance with these terms of use. As a
condition of your use of the Site, you warrant to Robinsbest that you will not
use the Site for any purpose that is unlawful or prohibited by these Terms. You
may not use the Site in any manner which could damage, disable, overburden, or
impair the Site or interfere with any other party's use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the
Site.
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
Robinsbest 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 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. Robinsbest 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 Robinsbest 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
Robinsbest or our licensors except as expressly authorized by these Terms.
Use of Communication
Services
The Site may contain
bulletin board services, chat areas, news groups, forums, communities, personal
web pages, calendars, 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.
Robinsbest has no
obligation to monitor the Communication Services. However, Robinsbest reserves
the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. Robinsbest reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
Robinsbest reserves the
right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
in Robinsbest's sole discretion.
Always use caution when
giving out any personally identifying information about yourself or your
children in any Communication Service. Robinsbest does not control or endorse
the content, messages or information found in any Communication Service and,
therefore, Robinsbest specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Robinsbest
spokespersons, and their views do not necessarily reflect those of Robinsbest.
Materials uploaded to a
Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such
limitations if you upload the materials.
Materials Provided to
https://robinsbest.com or Posted on Any Robinsbest Web Page
Robinsbest does not claim
ownership of the materials you provide to https://robinsbest.com (including
feedback and suggestions) or post, upload, input or submit to any Robinsbest
Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Robinsbest, 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.
No compensation will be
paid with respect to the use of your Submission, as provided herein. Robinsbest
is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Robinsbest'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.
Third Party Accounts
You will be able to
connect your Robinsbest account to third party accounts. By connecting your
Robinsbest account to your third party account, you acknowledge and agree that
you are consenting to the continuous release of information about you to others
(in accordance with your privacy settings on those third party sites). If you
do not want information about you to be shared in this manner, do not use this
feature.
International Users
The Service is
controlled, operated and administered by Robinsbest 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 Robinsbest Content accessed through https://robinsbest.com in any country
or in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You agree to indemnify,
defend and hold harmless Robinsbest, its officers, directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's 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.
Robinsbest 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 Robinsbest in asserting any available
defenses.
Arbitration
In the event the parties
are not able to resolve any dispute between them arising out of or concerning
these Terms and Conditions, or any provisions hereof, whether in contract,
tort, or otherwise at law or in equity for damages or any other relief, then
such dispute shall be resolved only by final and binding arbitration pursuant
to the Federal Arbitration Act, conducted by a single neutral arbitrator and
administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the
parties. The arbitrator's award shall be final, and judgment may be entered
upon it in any court having jurisdiction. In the event that any legal or
equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its
costs and reasonable attorney's fees. The parties agree to arbitrate all disputes
and claims in regards to these Terms and Conditions or any disputes arising as
a result of these Terms and Conditions, whether directly or indirectly,
including Tort claims that are a result of these Terms and Conditions. The
parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and
enforceability of this arbitration provision shall be determined by the
Arbitrator. This arbitration provision shall survive the termination of these
Terms and Conditions.
Class Action Waiver
Any arbitration under
these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE
PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and
Robinsbest agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
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. ROBINSBEST - ARTWORK BY FLINT AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ROBINSBEST - ARTWORK BY
FLINT 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. ROBINSBEST -
ARTWORK BY FLINT 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
ROBINSBEST - ARTWORK BY FLINT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ROBINSBEST - ARTWORK BY
FLINT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE
Termination/Access
Restriction
Robinsbest 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 State of
Minnesota and you hereby consent to the exclusive jurisdiction and venue of
courts in Minnesota 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.
You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
Robinsbest as a result of this agreement or use of the Site. Robinsbest's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of Robinsbest's right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by
Robinsbest with respect to such use. 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 Robinsbest with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Robinsbest with respect to the Site. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
Robinsbest reserves the
right, in its sole discretion, to change the Terms under which https://robinsbest.com
is offered. The most current version of the Terms will supersede all previous
versions. Robinsbest encourages you to periodically review the Terms to stay
informed of our updates.
Contact Information
RobinsBest welcomes your questions or comments regarding
this Statement of Privacy. If you believe that RobinsBest has not adhered to
this Statement, please contact RobinsBest at:
RobinsBest - Artwork by Flint
107 Riverside Terrace
Cannon Falls, MN 55009
651-319-3506
Effective as of April 18, 2019