Welcome to the Voelzke Fine Art LLC website, operated by Voelzke Fine Art LLC ("we," "us," "our," or "Voelzke Fine Art"). Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of and access to our websites, mobile sites, and mobile applications (collectively, our "Sites and Apps").
By visiting any of our Sites and Apps, you agree to these Terms and our Privacy Policy. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms. Certain sweepstakes, contests, or promotions may include additional terms you must accept in order to participate.
We reserve the right to alter, suspend, or discontinue our Sites and Apps — in whole or in part — at any time at our sole discretion.
Contents
- Your Use of Our Sites and Apps
- Account Creation
- Third-Party Sites, Software and Services
- SMS Opt-In, Opt-Out and Carrier Liability
- Copyright (DMCA Notices)
- Disclaimer of Warranties
- Limitation of Liability
- Idea Submissions
- Notice for California Users
- Intellectual Property Notices
- U.S. Site
- Hosting, E-Commerce & Payment Processing
- Changes and Updates
- Miscellaneous
- Arbitration Agreement
Your Use of Our Sites and Apps
You may use our Sites and Apps solely for personal, noncommercial purposes. Except as expressly authorized, you may not reproduce, distribute, modify, publicly display, or create derivative works based on any portion of our Sites and Apps.
Users must be 18 years old or older to use this site and receive information.
While using our Sites and Apps, you agree not to:
- Defame, abuse, harass, stalk, threaten, or violate the rights of others
- Impersonate any individual or misrepresent your identity
- Interfere with the use or enjoyment of the Sites and Apps by others
- Upload unlawful, fraudulent, defamatory, obscene, infringing, or objectionable material
- Upload proprietary or confidential information of third parties without consent
- Upload unsolicited commercial messages, advertisements, or spam
- Transmit viruses, malware, or harmful code
- Reverse engineer, decompile, or disassemble any portion of the Sites or Apps
- Remove copyright or trademark notices
Violation of these rules constitutes a breach of these Terms and may result in immediate termination of your access.
Account Creation
You may create an account to help manage your orders. You are responsible for maintaining the confidentiality of your login information and for any activity under your account. We reserve the right to cancel accounts or reject orders at our discretion.
Third-Party Sites, Software and Services
Our Sites and Apps may link to or rely on services operated by third parties. We do not control or endorse such third-party sites or services and are not responsible for their content, availability, performance, or policies.
Other sites may link to our Sites and Apps without our authorization. We disclaim all responsibility for such links and may block them at any time.
We encourage you to review all third-party terms of use and privacy policies before engaging with them.
SMS Opt-In, Opt-Out and Carrier Liability Disclaimer
By checking the box on the sign-in form, you consent to receive transactional messages related to your account, orders, or services you have requested from Voelzke Fine Art LLC. These messages may include appointment reminders, order confirmations, and account notifications, among others. Message frequency may vary. Message & data rates may apply. Reply HELP for help or STOP to opt out.
By checking the box on the sign-in form, you consent to receive marketing and promotional messages from Voelzke Fine Art LLC, including special offers, discounts, and new product updates, among others. Message frequency may vary. Message & data rates may apply. Reply HELP for help or STOP to opt out.
Phone numbers will not be shared with any third parties, with the exception of when needed to process and ship orders obtained by the client.
Standard message and data rates may apply. You are responsible for all charges incurred through your mobile carrier for text messages, data usage, and other communications sent or received through this service. We are not responsible for any fees, charges, or costs imposed by your wireless carrier.
Your mobile carrier is not liable for delayed or undelivered messages. We and your carrier are not responsible for the content of any messages sent or received through this service. Message frequency may vary.
By participating, you consent to receive automated text messages. Consent is not a condition of purchase. To opt out, reply STOP.
Copyright (DMCA Notices)
If you believe that content on our Sites and Apps infringes your copyright, you may submit a DMCA notice containing:
- Your physical or electronic signature
- Identification of the copyrighted work
- Location of the allegedly infringing material
- Your contact information
- A good faith statement that use is unauthorized
- A statement under penalty of perjury that your notice is accurate and you are authorized to act
Send notices to: studio@voelzkefineart.com
Counter-notices must meet DMCA requirements. See copyright.gov.
Disclaimer of Warranties
Except for express warranties in these Terms, our products, services, and Sites are provided "as is," without warranties of any kind, express or implied.
We do not warrant that our Sites or Apps will operate without interruption or error. To the fullest extent permitted by law, Voelzke Fine Art LLC disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
Some jurisdictions do not allow limitations on implied warranties, so these exclusions may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, Voelzke Fine Art LLC, its owners, directors, employees, agents, representatives, and affiliates ("Voelzke Fine Art Parties") shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, data, or business.
Your sole remedy for dissatisfaction with our Sites or services is to stop using them. Our maximum liability for any claim relating to purchased products shall not exceed the actual price paid.
Some jurisdictions do not allow exclusions of certain damages, so some limitations may not apply to you.
Idea Submissions
Any ideas, suggestions, or materials you submit become the property of Voelzke Fine Art LLC. You assign all intellectual property rights in such submissions to us. If you wish to retain rights, do not submit material without our written approval.
Notice for California Users
California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:
1625 North Market Blvd., Sacramento, CA 95834
916-445-1254 · 800-952-5210
Intellectual Property Notices
All content on our Sites and Apps are © Voelzke Fine Art LLC. All rights reserved.
All trademarks, service marks, and trade names appearing on the Sites are the property of their respective owners.
Nothing in our Sites or Apps grants any license to use our trademarks without prior written consent.
U.S. Site
Our Sites and Apps are controlled from the United States. We make no representation that our services are available or appropriate outside the United States. You are responsible for compliance with local laws.
If you order products for delivery outside the United States, you are responsible for all duties, taxes, and compliance obligations.
Hosting, E-Commerce & Payment Processing
Our website is built on WordPress and WooCommerce, and is hosted by DreamHost. Store, cart, and checkout functionality is provided through WooCommerce. Payment transactions are processed by trusted third-party payment providers, including Stripe and PayPal.
By using our Sites and Apps, you acknowledge that these service providers process your personal information as necessary to host our content, operate the store, and complete your transactions. We do not store complete payment card information on our systems; card data is transmitted directly to and processed by our payment providers under their own privacy policies:
- DreamHost — dreamhost.com/legal/privacy-policy
- Stripe — stripe.com/privacy
- PayPal — paypal.com/us/legalhub/privacy-full
Changes and Updates
We may revise these Terms periodically. Material changes will be posted at least 30 days before becoming effective. If you have provided an email address, we will also notify you by email.
If you do not agree to updated Terms, you should stop using the Sites and Apps. Continued use after changes take effect constitutes acceptance.
Miscellaneous
These Terms are governed by the laws of the State of Tennessee. For disputes not resolved by arbitration, you consent to jurisdiction in state or federal courts located in Tennessee.
If any provision of these Terms is held unenforceable, the remaining terms remain in effect.
These Terms are not assignable by you without our consent. Headings are provided for convenience only.
Questions may be directed to: studio@voelzkefineart.com
Arbitration Agreement
Initial Dispute Resolution
Before initiating arbitration, both parties must attempt to resolve disputes informally by contacting studio@voelzkefineart.com.
Binding Arbitration
If a dispute is not resolved within 30 days, either party may initiate binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.
Arbitration will be conducted on an individual basis. Class actions are not permitted.
The arbitrator may award any relief available in a court. The Federal Arbitration Act governs this arbitration agreement.
Fee and procedural details follow the AAA rules: adr.org
Class Action Waiver
You agree that arbitration may not proceed as a class or representative action. If a court finds this clause unenforceable, the arbitration agreement is void.
Small Claims Court Exception
Either party may file eligible claims in small claims court.
30 Day Right to Opt Out
You may opt out of arbitration and the class action waiver by sending written notice within 30 days of your first use of our Sites or Apps to:
Email: studio@voelzkefineart.com
Website: voelzkefineart.com