By visiting this Site you are consenting to the Terms & Conditions of Service, Privacy Policy, and Intellectual Property Policy.
Kelly Jo Anderson Art provides a website where users can view original art and design, read creative writing, read articles about creativity, gardening, and nature, and find artist services, art workshops, and author publications.
Use of this Site, including all materials presented herein and all online services provided by Kelly Jo Anderson Art, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors. By using the Site or Service and/or ordering a product from Kelly Jo Anderson, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Intellectual Property Policy
This site contains intellectual property owned by Kelly Jo Anderson, including trademarks, copyrights, and other intellectual property.
All artwork, workshops, photographs, and text on this site and associated social media channels are copyrighted by the artist, Kelly Jo Anderson. Kelly Jo Anderson reserves all rights to her art, workshops, photographs, and text she has created. Unless otherwise noted, all content on this Site is the intellectual property of Kelly Jo Anderson, and is protected by United States copyright law.
You may not use any of these without her prior express written permission. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from (including AI generated work), distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of this Site in whole or in part without her prior written consent.
Purchase of any original artwork, print, digital download, product or service from Kelly Jo Anderson does not in any way transfer any of the copyrights, or associated licensing rights, to the customer, or any other entity, without a written and signed contract stating such. Owning an original artwork or a product does not mean you own the copyright to the work. All copyrights stay with Kelly Jo Anderson unless explicitly stated in writing in the sale agreement.
To learn more about copyright, visit the United States Copyright office at www.copyright.gov.
Privacy Policy
This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site and/or ordering a product from the Site, you agree to this Privacy Policy, without modification, and acknowledge reading it.
Some information is automatically collected by Adobe Portfolio and their partners in order to give you the best possible experience. The types of information collected automatically may include things like your IP address, location, pages visited, and browser type. Third-party partners may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. This type of information is used to administer the Site and provide the highest possible level of service to you. This information is also used in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site. When needed, or appropriate to best serve you, I collect your name, email address, or social media handle(s). This information is collected when you contact me through my contact forms, follow me on social media, or subscribe to my newsletter.
Your contact information is saved only if you contact me through my contact form or subscribe to my newsletter. I do not unnecessarily share, trade, or sell your data. Your personal information will never be shared with unrelated third parties. If you contact me or share with me on social media channels like Instagram, LinkedIn, or Pinterest, some of your data does get shared with third party service providers according to the social media platform's policy, and is out of my control.
This Site may send cookies to your computer in order to uniquely identify your browser and improve the quality of service. Cookies are used to make your experience on the Site personalized for you. You can always clear your browser history if you would like to avoid cookies.
Affiliate Disclosure
I generally only recommend things that I think are helpful, enjoyable, or fascinating, and not because of any kickbacks. In the event that I do benefit from a recommendation, I will clearly state the affiliation in the post. Sometimes I will link to things I have discovered. I aim to send you only to good places, but I am not responsible or liable for content or activities on any external linked sites. Links to such websites or resources do not imply any endorsement by or affiliation with me. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitations of Liability
I do my best to make sure you have great experiences with my services and products, but occasionally chaos happens.
By visiting my site, social media channels, using my services, or purchasing my products, you agree that under no circumstances shall I be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service including social media channels, using my services or purchasing and/or using my products.
Additionally, Kelly Jo Anderson is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Kelly Jo Anderson has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, my liability is limited to the fullest possible extent permitted by law. In no event shall Kelly Jo Anderson cumulative liability to you exceed the total purchase price of the Service you have purchased from Kelly Jo Anderson Art Studio, and if no purchase has been made by you, Kelly Jo Anderson Art Studio has zero cumulative liability.
You also agree that Kelly Jo Anderson Art Studio is not liable for any third party negligence, including theft of personal information or property destruction.
Refusal of Service Policy
Kelly Jo Anderson reserves the right to: (i) refuse service to any order, person or entity without an obligation to explain why, (ii) limit the number of participants in any given in-person workshop, and (iii) may at any time change or discontinue any aspect or feature of the Site or Service.
Violation of Our Terms or Policies
Anyone violating any of Kelly Jo Anderson Art terms of service or policies is banned from using any of my services and will be prosecuted to the fullest extent allowable by law.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Waiver
No waiver of any of the provisions of this Agreement by Kelly Jo Anderson shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Kelly Jo Anderson.
Changed Terms, Updates, and Date Last Updated
These terms of service, policies, and conditions, will be periodically reviewed and updated to reflect the current functions of the Site.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after posting new Terms and Conditions means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Our current policies will be posted on this page.
The last update was: March 15, 2024, and is the current effective date of these Terms and Conditions.