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Dressage Art.com Privacy Policy

At DressageArt.com we respect your privacy and will never share or sell personal information about any of our visitors.

This policy covers how DressageArt.com treats personal information that we collect and receive from our visitors. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. We respect your privacy and will never share or sell personal information about any of our visitors.

General:

DressageArt.com does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your direct permission. You will not receive unsolicited e-mails, mailings unless you have requested to be on the DressageArt.com mailing, email list or gave a permission to be on one of our affiliate email, mailing lists. You have the right to have your personal information deleted. You may request to be removed from our mailing, email list at any time. Please Email us with your conserns

Cookies:

DressageArt.com does not set any cookies on your computer. Any third party affiliate companies that show advertisements on some of our pages may set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one.


General Policies

IMPORTANT INFORMATION! You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions. By using our WebSite and its services, you agree to the Terms of Service. We may revise the Terms of Service at any time. By accessing the Site, you agree to periodically review the Terms of Service and be bound by any such modifications.

Gifts and Clothing Products Policy:

Satisfaction Guarantee 100% Money Back Guarantee! For DA Horse Gifts Shop merchandize, please visit our manufacturer Cafe Press customer support http://www.cafepress.com/cp/info/help/custserv.aspx

Prints, Oil Paintings Products Policy:

Satisfaction Guarantee 100% Money Back Guarantee!Your satisfaction is very important to us. DressageArt.com offers a 30-day 100% money back guarantee on our art prints and oil paintings. If you are dissatisfied with your purchase, returns and exchanges are accepted for 30 days after the final payment and receipt of goods. An invoice and a proof of payment must be included with your return or exchange of prints and oil paintings. Items must be returned clean and in good condition with in 30 days of purchase. DressageArt.com reserves the right to make additional deductions from any amount to be returned to Buyer due to damaged, missing or unusable items (other than defects). DressageArt.com does not issue refunds for any items lost or stolen in transit to us. Please use traceable shipping option. When a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return. Shipping charges are not refundable. We endeavour to respond to all customer complaints or queries within five working days.

Non-tangeble and/or Irrevocable Products Policy for custom made products.
(custom fine art paintings, graphic design, web design)

For non-tangible and/or irrevocable goods, 50% down payment is not refundable once the order is accomplished and the product is designed. The time that DressageArt.com put in to custom designing your website or graphic design, is not replaceable and the unique design custom created especially for you, can not be resold to other customers. Thus, 50% down payment is not refundable. As a customer you are responsible for understanding this upon purchasing any non-tangible irrevocable designs. DressageArt.com does offer refund for the 50% down payment only if customers fails to receive the product: 1. non-delivery of the product by mail, due to postal mailing issues you do not receive a delivery from us AND 2. non-delivery of the product by email, due to email mailing issues you do not receive a delivery e-mail from us AND 3. non-delivery of the product by web download, due to the server issues with downloading or previewing the product from our website. There is no right for a refund if you have downloaded the product from our website or email, or you have opened the packaging if it has been sent to you.

How to request a refund for non-tangeble irrevocable goods.
(custom fine art paintings, graphic design, web design)

Requests for a 50% refund for non-tangible irrevocable goods are accepted in writing: by mail or by email, by filing out Refund Request Form, within the period of 30 days after the order been delivered. Notification of cancellation must be in writing, a telephone call is not a valid cancellation. DressageArt.com return policy allows for non-tangible irrevocable goods purchased directly from DressageArt.com to be returned by you only after filling out a DressageArt.com Refund Request Form during the 30 day period following date of shipment by DressageArt.com for a refund. Shipping and handling charges are not refundable. You are responsible for all shipping charges. If you return Product to DressageArt.com without providing Refund Request Form from DressageArt.com or beyond the 30 day issuance period, DressageArt.com retains the right to refuse delivery of such return. The refund is issued to you after DressageArt.com receive a Copyright Agreement and Hold Harmless Agreement signed by you. This is a required condition. Copyright Agreement and Hold Harmless Agreement is sent to you, after review of your written Refund Request Form. Please allow up to eight weeks for DressageArt.com to credit your account.

DressageArt.com shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of DressageArt.com.
BOTH YOURS AND DressageArt.com LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR DressageArt.com BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR DressageArt.com SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of California, without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in Alameda County, State of California of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER. These policies supersede verbal communications and any other contradictory policy appearing elsewhere. DressageArt.com agreement to sell or otherwise deliver any product to Buyer shall not be deemed or construed to be an acceptance of any of Buyer's terms and conditions nor a waiver of any term set forth herein. Unless DressageArt.com and Buyer enter into a separate written agreement, formally executed by Seller and specifically waiving the terms set forth herein, the purchase of any goods or services by Buyer shall be deemed acceptance of these Terms. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein. A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms and Conditions set out the entire agreement and understanding between you and DressageArt.com. We reserve the right to change these Terms and Conditions at any time, without giving notice to you.


Copyright Law Information

All of the images displayed on this web site and produced by Dressage Art are copyrighted - you may not copy, duplicate, reprint or use in any manner without prior written permission from Ivetta Harte. Dressage Art Studio retain the copyright to all of Dressage Art Studio artwork, including all of the commissioned artwork, unless otherwise noted in the written copyright transfer, and registers Dressage Art Studio images with the Library of Congress.

When you purchase a print, Dressage Art Studio provide you with the actual print and grant you the right to display the print for viewing for non-commercial purposes. Unless otherwise specifically authorized, you may not scan, duplicate, copy, or publish the image in any manner without authorization - you own the print, not the rights to the original image.

When you commission an artwork, Dressage Art Studio provide you with the actual print or original oil painting and grants you the right to display the print for viewing for non-commercial purposes. Unless otherwise specifically authorized in writing, you may not scan, print, duplicate, copy, or publish the image in any manner without a written authorization - you own the print, not the rights to the original image.

If you want to own the copyright to the original artwork, please contact Creative Director Ivetta Harte and request a written copyright transfer to your name or your business name. If you wish to use the image for other purposes such a personal web site, advertising, or other publication, please contact Creative Director Ivetta Harte Email with your request, all requests are considered. It's fast and easy to do it legally.

A complete legal copyright laws can be found at United States Copyright Office at http://www.copyright.gov

Please note removal of our copyright notice will forfeit your rights to any support and may result in legal action to recover our loses.

Copyright Infringement:
We have a zero-tolerance policy about copyright theft of our work!

All artwork, photos and designs of Dressage Art are copyrighted and not allowed to be reproduced in any way (copy, publishing, scanning, right click & save and such.) You have to request written permission of the author(s) and give the appropriate credit to the author(s) for reproducing any images of Dressage Art. When we see our work used illegally we send an electronic notice to the offender with the request to remove images or correct the situation. NOTICES AND PROCEDURE OF COPYRIGHT INFRINGEMENT: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law are sent electronically to the offender. Read more about copyright infringements: http://www.copyright.gov/title17/92chap5.html


Frequently Asked Questions About Copyright Law

Who is the copyright owner of an image or print?

Under U.S. law, the creator of an image automatically owns the copyright to that image. The image may also optionally be registered with the library of congress, but this is not required. Copyright registration provides the copyright holder with additional important mechanisms for enforcing copyright laws. http://www.copyright.gov

What potential uses of an image do copyrights cover?

Copyrights apply to all potential uses of an image, including the right to display, scan, duplicate, publish, or use for commercial purposes. These rights are by default retained by the copyright owner - unless they are specifically granted by a written contract. http://www.copyright.gov

When I buy a print, don't I own it and all the rights to it?

When you purchase a printed copy of an image, you acquire the physical print and the right to display and use the print for non-commercial purpose. All other rights of use, including duplication, publication, scanning, etc. are reserved. If you would like to use the image in some other manner, please contact us to request a written copyright authorization. http://www.copyright.gov

If I commission an artist to prepare an image, don't I own the rights to use that images as I choose?

No. Not unless the artist assigns those rights to you explicitly through a written contract or written copyright transfer. Read more about the definition of "work for hire" here: http://www.copyright.gov/circs/circ09.pdf "If a work is created by an independent contractor (that is, someone who is not an employee under the general common law of agency), then the work is a specially ordered or commissioned work, and part 2 of the statutory definition applies. Such a work can be a work made for hire only if both of the following conditions are met: (1) it comes within one of the nine categories of works listed in part 2 of the definition
and (2) there is a written agreement between the parties specifying that the work is a work made for hire." http://www.copyright.gov

Infringement of copyright laws

Criminal Infringement: any person who infringes a copyright willfully.

Reproduction for purposes of commercial advantage or private financial gain, by the reproduction or distribution, including by electronic means,

Fraudulent Copyright Notice - Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

Fraudulent Removal of Copyright Notice. - Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

False Representation. - Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200.

The plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years. Read more here: http://www.copyright.gov/title17/92chap5.html#501

Where do copyright laws come from?

Copyright laws are not new - they have a long and rich history. They were understood to be so important by our founding fathers that the U.S. Constitution itself actually grants the Congress of the United States the right to create copyright laws. Over the years, congress has drafted and revised copyright laws. http://www.copyright.gov

What do I need to do to copyright an image?

In the United States, the creator or author of an original work automatically owns the the copyright to that work. Others may not use that work in any manner without the expressed permission of the copyright holder. The copyright owner may also optionally register their work with the copyright office of the library of congress. Copyright does not require this registration, if the work is registered however the copyright owner will have additional rights to support copyright law enforcement. http://www.copyright.gov

Where can I learn more about copyright laws?

A complete legal resource is the web site of the United States Copyright Office at http://www.copyright.gov

Copyright Top Searches http://www.copyright.gov/topsearch.html

Copyright Frequently Asked Questions http://www.copyright.gov/help/faq/

Copyright Office Basics http://www.copyright.gov/circs/circ1.html

Complete version of the U.S. Copyright Law http://www.copyright.gov/title17/

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