Terms & Privacy

Agreement between User and Sara Kraus

Welcome to Studio Sara Kraus. The sarakraus.com website (the "Site") consists of various web pages operated by Sara Kraus. Sarakraus.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of sarakraus.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Sara Kraus (and sarakraus.com) is a service and commerce company offering original art in the form of fine art paintings, and all other products or services.

Rights to Artwork and Images

Unless noted otherwise, all artwork, images, and graphics are the sole property of Sara Kraus and may not be used by any third party without written permission. If imagery from another artist is included on the site, it will be noted and the original artist or creator retains all copyrights. Copying or reproducing artwork created by Sara Kraus (as seen on sarakraus.com, or elsewhere) is strictly prohibited without written permission from the artist. Sara Kraus retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business. Sara Kraus retains all rights to the image of all artwork including the rights to the image of sold and commissioned original paintings. Sara Kraus retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY SARA KRAUS UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting. Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork. Any image of the interior which includes the artwork in a 3rd party publication must come with attribution. All other uses must be agreed to in advance in writing at studio@sarakraus.com.

Electronic Communications

Visiting sarakraus.com or sending emails to Sara Kraus constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Cancellation/Refund Policy

All sales of original artwork are final. Orders canceled within the first 24 hours may incur a 20% restocking and remarketing fee. Returns or exchanges of original work are not available except for the most extreme situations. Sara Kraus is not liable for any mishandling or failed delivery by the shipping service (USPS or UPS). Please contact studio@sarakraus.com within seven days of receiving your artwork if there is an issue.

Links to Third Party Sites/Third Party Services

Sarakraus.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sara Kraus and Sara Kraus is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sara Kraus is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sara Kraus of the site or any association with its operators. Certain services made available via sarakraus.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the sarakraus.com domain, you hereby acknowledge and consent that Sara Kraus may share such information and data with any third party with whom Sara Kraus has a contractual relationship to provide the requested product, service or functionality on behalf of sarakraus.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use sarakraus.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sara Kraus that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair Sara Kraus or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sara Kraus or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sara Kraus content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sara Kraus and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sara Kraus or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Sara Kraus from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sara Kraus Content accessed through sarakraus.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Sara Kraus, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sara Kraus reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sara Kraus in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sara Kraus agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SARA KRAUS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. SARA KRAUS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Sara Kraus AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SARA KRAUS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SARA KRAUS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Sara Kraus reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sara Kraus as a result of this agreement or use of the Site. Sara Kraus's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sara Kraus's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sara Kraus with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sara Kraus with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sara Kraus with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Sara Kraus reserves the right, in its sole discretion, to change the Terms under which sarakraus.com is offered. The most current version of the Terms will supersede all previous versions. Sara Kraus encourages you to periodically review the Terms to stay informed of our updates.

We welcome your questions or comments regarding the Terms at studio@sarakraus.com.

Last updated 03/28/20

BY VISITING SARAKRAUS.COM, YOU ARE CONSENTING TO OUR PRIVACY POLICY.

Overview

Sara Kraus is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at sarakraus.com (the “Site”), and how we collect and use that information. The terms “we”, “us” and “our” and “I” refer to Sara Kraus. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. The term “personal information” is defined as information that you voluntarily provide to us which personally identifies you and/or your contact information, such as your name, phone number and email address. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

Product Orders

We collect a variety of personal information with each product order. This includes: Your name, address, email address, and phone number. This information is shared with our e-commerce software providers to ensure the delivery of your order. We use your email to communicate with you about your order and to manage our customer relationship with you. When you place an order you may be added to our mailing list from which you can unsubscribe at any time using the unsubscribe link in each email or by contacting us at studio@sarakraus.com.

Payment Information

Payment information is not retained by Sara Kraus and we take precautions to protect your information during this process. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way through a Payment Processing System (Stripe or Paypal, depending on our preference at checkout).

Blog Interaction

We only collect the personal information you voluntarily provide to us which may include: Your email address in order to subscribe to our mailing list; Your name, email address and/or social media profile in order to post a comment on our blog via third party provider, Disqus; Your full name, email address and message in order to contact us via our contact form.

Activity

We 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. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information 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.

Cookies

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.

How Your Information is Used

The information you provide is used to process transactions, send periodic emails and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.

Third Party Links

The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

Security Measures

We maintain security measures to protect your personal information from unauthorized access, misuse or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
Sharing. Please be aware that when you use our Site to post comments and share other information, any information that you provide may not be secure and can be collected and used by others. As a result, you should exercise caution before you make such disclosures.

Children

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site.

How to Update Your Information

If you opt-in to our mailing list, the option to unsubscribe or update will be included in every email. You may also access and correct your personal information and privacy preferences by contacting us with your request at studio@sarakraus.com

Notification of Changes to this Policy

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. Updates to this Policy will be posted on this page.

If you have questions about our Privacy Policy, please contact us via email at studio@sarakraus.com.

Updated: 03/28/20