Terms of Service
Please read the following Terms of Service Agreement carefully. By accessing, using, or purchasing from the websites and or services of artist Susan Carmen-Duffy, you herby agree to be bound by the terms and all terms incorporated herein by preference. It is the responsibility of you the user, customer, or perspective customer to read the terms and conditions before proceeding to the use of this site. If you do not expressively agree to all the terms and conditions, them please do not access or use the artist’s sites or the artist’s services.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with the Artist’s clients and visitors which may interact or interface with Susan Carmen-Duffy, also known as the artist, located in Rochester, New York, in association with the use of the artist’s websites, CreateArt4Good.org, Greetings4Good.org, and/or SusanCarmenDuffy.com (the “Site(s)”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITES SERVICES OFFERED
The Site is an e-commerce websites and blog operated by Mixed Media Artist Susan Carmen-Duffy. These Terms set forth the terms and conditions under which you may use the artist’s websites and services provided by the artist.
This website is the official websites of Susan Carmen-Duffy mixed media work, greeting cards, prints, upcycled art and other wonderous and creative things. All artwork and handmade items listed on the websites, CreateArt4Good.org, Greetings4Good.org, and SusanCarmenDuffy.com are available for visitors and/or clients to purchase online. The artist also has a blog that visitors and clients can comment and interact with the artist as well as other users. By using or accessing the websites services or online purchase, you approve that you have read and agree to be bound by these Terms.
Any and all visitors to the Artist’s site shall be deemed as “users” of the herein contained Services provided for TOS.
PRIVACY POLICY
Every user’s data and other personal information are strictly protected by Susan Carmen-Duffy’s privacy policy. As a user, you herein consent to the collection and use of the information provided, including transfer of information within the United States and/or other countries for storage, processing or the use by Susan Carmen-Duffy.
COPYRIGHT AND OWNERSHIP OF CONTENT
Content and images published on this site such as images (both pictures/photos as well as artwork), graphics, text, logos, video and written content is the property of Susan Carmen-Duffy and is protected by United States Copyright Laws. The entire collection of artwork and content on the websites, CreateArt4Good.org, Greetings4Good.org, and SusanCarmenDuffy.com, is the exclusive property of Susan Carmen-Duffy along with the copyright authorship for this compilation by Susan Carmen-Duffy. For more details, visit the Artist’s Copyright Policy.
COLOR OF ARTWORKS
You understand and agree that the Artist has made reasonable efforts in order to display the colors of the original artworks accurately on this website. Each individual monitor, cell phone, tablet or other device may display colors differently. Susan Carmen-Duffy is not responsible for the color accuracy on your computer monitor, cell phone, tablet or other device. This also applies to art prints, as there may be color differences between the original artwork and the fine art print. The Artist does her best to match colors accurately, but color differences within art prints verses original artwork may exist.
MODIFICATIONS
Susan Carmen-Duffy shall reserve the right at any time that may deem fit to modify, alter, increase and/or decrease prices, change shipping and handling rates, update services, change of tax rates and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, the artist shall not be held liable to you or any third party for any such modification, alteration, suspension, and/or discontinuation of the artist’s services or any part thereof.
THIRD PARTY SERVICES
This website uses third party services and applications that make their services available on this site. When you access third party applications or services or applications, you are bound by the terms and policies of the third party.
INTERSTATE COMMUNICATION
Upon purchase of Services and/or Products, you hereby acknowledge that by using CreateArt4Good.org, Greetings4Good.org, and SusanCarmenDuffy.com to send electronic communications, which include, but are not limited to, email, searches, and instant message, contact form, you will be causing communications to be sent through the artist’s computer network. You also agree that all notices, disclosures, agreements and other communications sent electronically meet legal requirements that such communications be in writing. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this service shall result in interstate transmissions.
APPLICABLE LAW
By visiting this website, you agree to all the laws of [your location] without regard to principles of conflict laws, shall govern these terms of service, or any sort that may come between you and Susan Carmen-Duffy.
COMMENTS, REVIEWS AND EMAILS
Visitors may post content in reply to the artist’s posts as long as it is not obscene, threatening, harassing, illegal, infringing on intellectual rights, defamatory, invasive of privacy or injurious in any way towards the artist or third parties. Content must be free of political campaign, software viruses and commercial solicitation. Susan Carmen-Duffy, reserves all rights (but not the obligation) to remove offending posted content. When you make a public comment/post within the artist’s Blog, you grant Susan Carmen-Duffy non-exclusive, royalty-free and irrevocable right to use, modify, reproduce, and publish such content in any of the artist’s online media.
INDEMNIFICATION
You agree to indemnify and hold the websites owner, Susan Carmen-Duffy, from any demands, loss, claims or expenses (including attorney’s fees), made against them by any third party due to or arising from, or in connection with your use of the websites or any services offered through the websites.
PURCHASING POLICY
On completion of your online purchase, you will receive a confirmation email from Susan and or Square. Susan Carmen-Duffy will make reasonable efforts to package the artwork and ship it within seven (7) business days. Typically, packages are mailed within forty-eight hours or receipt. Time frame may depend on seasonal/holiday, or for unforeseeable reasons such as sickness, weather conditions or acts of God (or maybe Covid). If Susan Carmen-Duffy is unable to ship the artwork in a timely manner, she will contact the buyer via phone call, email or text.
SHIPPING ADDRESS POLICY
Create Art 4 Good/ Greetings 4 Good is not responsible for items that could not be shipped to their destination because of an incorrect or undeliverable address. It is the responsibility of the customer to review their shipping address and information for accuracy before completing the purchase. Refunds or exchanges will not be issued on the basis of an incorrect address. If a package is shipped back to Create Art 4 Good/Greetings 4 Good, due to an incorrect/undeliverable address, shipping charges will not be refunded.
In the event that Create Art 4 Good/Greetings 4 Good is unable to create a shipping label for the address provided by the customer, we will attempt to contact you for an address correction via e-mail. If no response is received within 24 hours, the entire order will be canceled and you will be refunded in full.
MISSING PACKAGES POLICY
Create Art 4 Good/Greetings 4 Good promises to ship your order and inform you of a way to track your delivery in a timely manner. However, Create Art 4 Good/Greetings 4 Good will not be held responsible in the event where your package is believed to be stolen or goes missing after the carrier marks it as delivered. If you believe your package has been stolen or misplaced, it is up to the customer to file the appropriate claims with USPS/FedEx or UPS and file a police report if necessary. Create Art 4 Good/Greetings 4 Good will not issue refunds or replacements once the package is marked as delivered by the courier.
SHIPPING TO FPO/APO ADDRESSES
Orders being shipped to FPO/APO addresses will be charged domestic USPS shipping rates. Please note that depending on your location orders may take up to 30 business days to arrive.
Create Art 4 Good/Greetings 4 Good is not responsible for items that could not be shipped to their destination because of a wrong FPO/APO address format or if the contents inside are prohibited at your shipping location. It is the responsibility of the customer to review their shipping address and information for accuracy before completing the purchase. Refunds or exchanges will not be issued on the basis of an incorrect address.
For most APO/FPO addresses, an International Customs/Duties form is required. Please read our policy on customs and duties charges below as it also applies to APO/FPO addresses.
PAYMENTS
All payments are made through Square, a third-party payment processor. Processing payments through Square is subject to third parties’ Terms of Service and Privacy Policy. You agree to pay the Artist, Susan Carmen-Duffy through Square, the full amount as charged.
REFUND POLICY
All sales are final, No Refunds, No Returns. Artwork is only refunded or replaced if it is damaged during shipment. Damages must be reported to the artist within twenty-four hours of receipt. It is the artist’s descension on how to proceed.
CUSTOMER COMPLAINTS
If there are any problems or discrepancies with your purchase or otherwise, please contact the Artist, Susan Carmen-Duffy, within forty-eight hours of your receipt of your delivery via email to Susan@CreateArt4Good.org.
STATE GOVERNING LAW
These terms and conditions are governed by the laws of the United States of America and the laws of the State of New York. You agree and acknowledge that any action to enforce these Terms and Conditions will be brought solely to the State and Federal Courts located in Monroe County, New York.
QUESTIONS OR CONCERNS
If you have any questions or concerns regarding the Terms of Service Agreement, Privacy Policy, or Copyright Policy related to the Artist’s websites, CreateArt4Good.org, Greetings4Good.org, SusanCarmenDuffy.com, please feel free to contact the Artist, Susan Carmen-Duffy, at the following email:
Email: Susan@CreateArt4Good.org
