Terms & Conditions
This is the Terms and Conditions of Mary Akins Art Studio. These Terms and Conditions apply to all visitors, users, customers, clients, and others who access or use our services. Please, you are expected to read this terms and conditions carefully before you place an order with us. By accessing or using our services, you agree to accept, comply, and to be bound by these terms and conditions. Therefore, if you disagree with any part of this terms and conditions, then you may not access or use our services. Thank you for shopping at Mary Akins Art Studio.
Artwork & Prints Product
Mary Akins Art Studio states that:
Each artwork or prints product description is correct to the best of my knowledge and the measurements are to the closest inches.
Every care has been taken to provide accurate colour and image representation. However, between photography and computer monitor screens, there may be slight discrepancies in colour. As such, Mary Akins Art Studio cannot guarantee that the colour displayed on individual computer monitor screens will be accurate and a true representation of the intended colour.
Great care must be taken to handle any artwork or prints product. As such, Mary Akins Art Studio recommends that delicate artwork and/or prints product should be framed with ultraviolet (UV) protective glass and should never be hanged in direct sunlight.
Copyright Law
All artworks on this website are created and owned by Mary Akins. All Mary Akins’ artworks are protected under copyright law. Therefore, Mary Akins retains the copyright of all artwork on and sold through this website and any other channel where Mary Akins’ artwork are sold. It is prohibited to copy, reproduce, download any artwork, illustration, piece of content, or to use for commercial purposes without permission or unless otherwise agreed. Mary Akins or any other companies acting on her behalf, reserves the right to produce and sell prints of each and any artwork.
Original artwork, prints products and digital files are available to purchase. However, the buyer does not own the rights to the artwork, even after purchasing the artwork. As such, the buyer must ask permission to copy and/or reproduce or purchase full rights to the artwork.
Shipping
Mary Akins Art Studio offers shipping within Canada and the United States. Pick up is available within Calgary and environs. We also make delivery internationally around the world.
Within Canada, we ship using Canada Post. This means you can expect delivery in around 3-7 business days depending on the location and the shipping method selected as checkout.
Within the United States, we ship using Canada Post. You should receive your order within 5-10 business days depending on the location and the shipping method selected as checkout.
For shipping outside of Canada & the United States, please contact Mary Akins Art Studio through this email address: info@maryakins.com
Please refer to Mary Akins Art Studio’s Shipping, Returns and Refund Policy for more details.
General Terms & Conditions
User/Client agrees not to download, copy, reproduce, duplicate, resell or exploit any portion of our services, or any contact on the website through which the service is provided, without express written permission from Mary Akins Art Studio.
Mary Akins Art Studio’s artwork, prints, other products, or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to this Terms & Conditions and our Shipping, Returns and Refund Policy.
Mary Akins Art Studio have made every effort to display as accurately as possible the colours and images of our artwork, prints or other products that appear on our website. However, we cannot guarantee that the colour displayed on your computer monitor will be accurate and a true representation of the intended colour.
All descriptions of our artwork, prints, or other products and product pricing are subject to change at anytime without notice, at the sole discretion of Mary Akins Art Studio.
Mary Akins Art Studio do not warrant that the quality of any artwork, prints, or other products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected.
Mary Akins Art Studio reserves the right to refuse the sales of our artwork, prints, or other products and refuse service to anyone for any reason at any time.
Mary Akins Art Studio reserves the right, but are not obligated, to limit the sales of our artwork, prints, or other products and services to any person, geographic region, or jurisdiction for any reason at any time. And we may exercise this right on a case-by-case basis.
Mary Akins Art Studio reserves the right to limit the quantities of any artwork, prints, or other products and services that we offer.
Mary Akins Art Studio reserves the right to discontinue any artwork, prints, or other products and services at any time.
Any offer for any artwork, prints, or other products and services made on our website is void when that offer/promotion has ended or where prohibited.
Anyone who wish to purchase artwork, prints, any other product, or service may be asked to supply certain information relevant to the purchase, including but not limited to your name, phone number, email, billing/shipping address, payment information, etc. Any information provided to Mary Akins Art Studio is subject to our Privacy Policy which governs the collection and use of your information. Artwork, prints, any other product, or service purchased from us are also subject to our Shipping, Returns and Refund Policy.
User/Client agrees and understand that their content, but not including credit card information, may be transferred unencrypted and involve transmissions over various networks; and may be changed to conform and adapt to technical requirements of connecting networks or devices. However, credit card information is always encrypted during transfer over networks.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
User/Client's Warrantee
The user/client represents and warrants that he or she is at least 18 years of age (or at least the age of majority in the state or province of residence, and you have given your consent to allow any of your minor dependents to use our website) and possesses the legal right and ability to enter into this agreement and to use Mary Akins Art Studio services, in accordance with all term and provision set forth in this Terms and Conditions and has the full power and authority to enter into and perform in accordance with its terms.
Mary Akins Art Studio Right to Modify Our Services and Prices
Mary Akins Art Studio reserves the right to modify our services and prices. As such, the prices for our products are subject to change without notice. In the same vein, we reserve the right at any time to modify or discontinue our service or any part or content thereof, without notice at any time. As such, Mary Akins Art Studio shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any of our service.
Mary Akins Art Studio Right to Refuse Any Order
Mary Akins Art Studio reserves the right to refuse or modify any purchase or order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Provision of Accurate Purchase/Account Information
User/Client agrees to provide current, complete, and accurate purchase and account information for all purchases made at Mary Akins Art Studio. In the same vein, user/client agrees to promptly update their account and other information, including, but not limited to email address, billing/shipping addresses, credit card numbers and expiration dates, to enable us to complete your transactions and contact you as needed.
Links to Other Websites or Services
Our website may contain links to third-party websites or services that are not owned or controlled by Mary Akins Art Studio. As such, Mary Akins Art Studio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Therefore, you acknowledge and agree that Mary Akins Art Studio shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or services available on or through any such websites or services. So, Mary Akins Art Studio strongly advise you to read the terms and conditions and/or privacy policies of any such third-party websites or services that you visit.
User/Client Submissions (Comments or Feedback)
If you send or make certain submissions at our request or not, whether online, or by email, postal mail, or otherwise, you agree that Mary Akins Art Studio may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium these submissions. This submission may be in form of comments, creative ideas, suggestions, proposals, plans, feedback, or other materials.
However, you agree that:
Your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
Your submissions will not contain libelous, abusive, unlawful, or otherwise obscene material.
Your submissions must not contain any computer virus or other malware that could in any way affect the operation of our service or related website.
You must not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third-party as to the origin of your submissions.
Therefore, you are solely responsible for any submissions you make and their accuracy. As such, Mary Akins Art Studio:
Take no responsibility and assume no liability for any submissions posted by you or any third-party.
Have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
Is not obligated to maintain any submissions in confidence.
Shall be under no obligation to pay compensation for any submissions.
Is not obligated to respond to any submissions.
Inaccuracies, Errors and Omissions
There may be information on our website that contains typographical inaccuracies, errors or omissions that may relate to product availability, descriptions, pricing, product shipping charges, transit times, promotions, and offers.
Mary Akins Art Studio is not responsible in case any information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without first consulting the reliable primary and timely sources of information. Any reliance on the material on this website is at your own risk.
Likewise, this website may contain certain historical information. This historical information may necessarily not current but is provided for your reference only.
Mary Akins Art Studio reserves the right to correct any inaccuracies, errors, or omissions, and to change, modify or update information/contents of this website at any time. We equally reserve the right to cancel orders if any information on the website is inaccurate at any time without prior notice, including after you have submitted your order.
However, Mary Akins Art Studio undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law. So, no specified update or refresh date applied on the website should be taken to indicate that all information on the website has been modified or updated. But the user/client agree that it is their responsibility to monitor changes to our website.
Prohibited Uses
Mary Akins Art Studio prohibit user/client from using the site or its content:
for any unlawful purpose.
to solicit others to perform or participate in any unlawful acts.
to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
to submit false or misleading information.
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our service or of any related website, other websites, or the Internet.
to collect or track the personal information of others.
to spam, phish, pharm, pretext, spider, crawl, or scrape.
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of our service or any related website, other websites, or the Internet.
We reserve the right to immediately terminate your use of our service or related website for a breach or violation of any of the terms in the prohibited uses.
Disclaimer of Warranties
All products (artwork or prints) and services delivered to you through Mary Akins Art Studio are (except where expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Therefore, Mary Akins Art Studio do not guarantee, represent or warrant:
that your use of our service will be uninterrupted, timely, secure, or error-free.
that the results you may obtained from the use of our service will be accurate or reliable.
As such, the user/client expressly agree:
that your use of, or inability to use, the service is at your sole risk.
that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
Limitation of Liability
The user/client agrees that the liability of Mary Akins Art Studio, its employees, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) connected with any transaction entered with Mary Akins Art Studio shall not exceed the amount the user/client paid to Mary Akins Art Studio in connection with the transaction giving rise to such a claim. Mary Akins Art Studio or its employees, agents or third-party licensors and content providers will not be liable to the user/client or anyone else for any special, consequential, indirect, exemplary, cover, punitive, incidental, or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to the Artwork.
As some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnity
The user/client agrees to indemnify Mary Akins Art Studio, its parent, subsidiaries, affiliates, and their respective officers, directors, employees and agents from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from the user/client's use of our services, including without limitation claims arising out of content submitted to us by the user/client, the user/client's violation of a third party’s rights, or any claims alleging facts that if true would constitute a breach by the user/client of the term or provision of this Terms and Conditions.
Severability
In the rare event that any term or provision of this Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. But the unenforceable portion shall be deemed to be severed from this Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining terms or provisions.
Right to Terminate
This Terms and Conditions is effective until terminated. Mary Akins Art Studio may terminate or suspend this Terms and Conditions immediately if in Mary Akins Art Studio’ sole judgment the user breaches any of the term or provision of this terms and conditions. All provisions of this Terms and Conditions relating to payment, disclaimers, limitation of liability, indemnification, confidentiality, and proprietary rights shall survive termination or expiration of this Terms and Conditions.
The user may terminate these Terms and Conditions at any time by notifying us that he/she no longer wish to use our services, or when the user cease using our website.
Upon giving ten (10) days advance written notice, Mary Akins Art Studio reserves the right, in its sole discretion, to terminate production of the Artwork without cause, in the case of a custom Artwork, at which point all rights to the Artwork immediately revert to the Mary Akins Art Studio.
Mary Akins Art Studio also reserves the right to terminate this Terms and Conditions and to discontinue production/printing of the Artwork at any time, effective upon giving written notice to the client, if, in Mary Akins Art Studio’s judgment, the Artwork may subject Mary Akins Art Studio to the risk of litigation or other adverse commercial consequences. If such notice is given prior to production/printing of the Artwork by Mary Akins Art Studio, Mary Akins Art Studio will reimburse all amounts paid by the client to Mary Akins Art Studio less any costs that have been involved in designing/printing the Artwork, and neither party will have any further obligations to the other except that the client’s representations, warranties, and indemnities set forth in this Terms and Conditions shall survive the termination of this Agreement.
Notices and Service
Any notice, consent or other information required or authorised by this Terms and Conditions to be given by either party to the other may be given by hand or sent by first class pre-paid post, or by electronic means to the other party at the address provided for that type of communication.
Any notice, consent or information given by post shall be deemed to have been given on the second business day after it was posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid and posted, and that it has not been returned to the sender, shall be sufficient evidence that it has been duly given.
Any notice or other information sent by electronic means shall be deemed to have been duly sent on the date of transmission, provided that the sender does not receive notice of failure of delivery of such transmission.
Service of any legal proceedings concerning or arising out of this Terms and Conditions shall be effected by causing the same to be delivered to the party to be served at his main place of business or its registered office, or to such other address as may from time to time be notified in writing by the party concerned.
Successors and Assigns
The user/client shall not assign his/her obligations under, nor the benefit of, this Terms & Conditions, without the prior written consent of Mary Akins Art Studio.
Mary Akins Art Studio shall be entitled to assign the benefit of and his obligations under this Terms & Conditions to any company or other third-party that acquires the whole or any substantial part of Mary Akins Art Studio’s business or undertaking.
The obligations under this Terms & Conditions shall be binding upon the personal representatives and permitted assigns of the user/client and upon the assigns and successors in business of Mary Akins Art Studio.
Third Parties
Nothing contained in this Terms & Conditions is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act by any third party.
Entire Understanding of Agreement
This terms & conditions constitutes the entire agreement between you and Mary Akins Art Studio with respect to the use of our services and it supersedes all prior and contemporaneous agreements, arrangements, or communications, whether oral or written, between you and Mary Akins Art Studio. Each party acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty or other term not forming part of this Agreement.
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against Mary Akins Art Studio, the drafting party. Mary Akins Art Studio reserves to itself any rights not expressly granted herein. The failure of Mary Akins Art Studio to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
Governing Law & Jurisdiction
This Terms & Conditions is governed by the laws of Canada. In the same vein, these Terms & Conditions shall be governed and construed in accordance with the laws of Alberta, the Canada province where the head-studio is located, without regard to its conflict of law provisions. Use of our services is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions.
If any term in this Terms & Conditions is at any time held by any court or body of competent jurisdiction to be void, invalid or unenforceable, it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the applicable law and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as independent and severable from each other paragraph and therefore separately enforceable.
Changes to Our Terms & Conditions
Mary Akins Art Studio reserved the right at her sole discretion to update or replace this Terms & Conditions from time to time. If we decide to change our terms & conditions, we will post those changes to this terms & conditions statement, the homepage, and other places we deem appropriate, so our users are always aware of what revision we made. Changes to this Terms & Conditions are effective when they are posted on this page.
Mary Akins Art Studio encourages each user to review this Terms & Conditions from time to time so users will know if the Terms & Conditions has been updated or replaced.
Contact Information
If you have any questions or suggestions about this Terms & Conditions, please contact Mary Akins Art Studio at info@maryakins.com or use our “contact us” form.
