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Legal / Terms of Service
Legal / Terms of Service

Yes, I know this is crazy long. Unfortunately, it has to be that way to keep things clear.

Terms of Service

Also please see the Privacy Policy regarding collection and use of personal information, both online and in the office.

The keiken-art.com website (the “Site”) is provided by Keiken Illustrations (sometimes referred to herein as "I", “we”, "us" or "our") for your convenience and general informational purposes only. All access to and use of the website, including any use or reliance on the information on the website, is provided subject to these Website Terms and Conditions of Use (the “terms”) and by accessing the website or using the information, you agree to be bound by these terms.

Terms

By accessing this web site, keiken-art.com, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Web Site Orders

There is no such thing as perfect internet security. Keiken Illustrations takes reasonable means to keep secure by using Paypal, one of the VERY safe internet payment options, which uses Secure Sockets Layer encryption technology. You place orders through the web site at your own risk (although I have NEVER had any problems reported to me). If you don't want to order via the internet, you may go to the order page, print it out and mail it in.

Keiken Illustrations is not responsible for orders lost or delayed through server downtime or lost mail. We shall not be held liable for delivery times. ORDERS SUBMITTED FRIDAY MORNING MAY NOT GO OUT UNTIL MONDAY AFTERNOON AT THE EARLIEST — LONGER (usually 2-3 weeks), IF THE ITEM NEEDS TO BE FRAMED & MATTED OR CREATED. When ordering via the order form that you mail in, we DO NOT accept credit cards, unless you would like to be billed through Paypal — in that case, an invoice will be emailed to you. The only way to pay with a credit card is through Paypal, in an email sent to you after your order has been received, or by ordering online. However, cashier's checks and money orders are accepted. Make checks or money orders payable to 'Keiken Illustrations'. Orders are not sent out until payment has cleared.

Pricing may change. Sale items are honoured on a first-come, first-serve basis. The website is updated as soon as possible when an item is sold, usually within 24 hours of the sale. If you have bought an item which has already sold out at the sale price, you will be notified so you can choose to cancel your order or apply the payment to a regularly priced item, whichever you choose. Either option will have no penalty.

Contest rules

How to enter:
Go to the contact page and send us an email using a valid email address so we can contact you in the event that you win. Standard mail entries are also accepted, and the address to mail them to is also found on the contact page. To enter by mail, please print legibly and include an email address or phone number where you can be contacted if you win. You can enter as often as you wish. (Please see the privacy page for details regarding your personal information.) The chances of winning vary depending on how many entries there are. No purchase is necessary to enter.

If you win:
You will be contacted if your name is drawn and you have 15 (fifteen) days to respond, before an alternate winner is chosen to receive the prize(s). After you have given Keiken Illustrations your mailing address, the prize(s) will be sent to you, and you will receive an email with a tracking number. You can enter again in the next prize, even if you have just won. Any and all taxes due resulting from the winning of the prize are the responsibility of the winner.

If you don't win:
You may enter again in the next contest and will not be penalized when it comes time to choose a new winner.

Product returns

If you dislike a product or if it is damaged during shipping, you may return it at your expense to Keiken Illustrations with a copy of your receipt, complete phone number, e-mail address, and return mailing address. Before receiving ANY package, check it before you sign for it. The shipping companies don't accept responsibility once the package has been signed for. Contact Keiken Illustrations BEFORE returning product. NO RETURNS MAY BE MADE AFTER 2 WEEKS AFTER THE PRODUCT HAS BEEN DELIVERED, AND THE PRODUCT MUST BE RETURNED IN THE SAME CONDITION IT WAS SENT IN, unless it was damaged during shipping, in which case it should be returned immediately after contacting Keiken Illustrations. All returns MUST have a tracking number. You will be reimbursed the price minus shipping fees and a 20% repair/restocking fee.

Customer-Submitted Content

You may send Keiken Illustrations comments, questions, suggestions, or ideas through mail, e-mail, or other avenues of contact. (In fact, I enjoy hearing from people!) If you do, you agree that such information is not given in confidence, that we are not obligated to keep such information secret, and that we are not obligated to respond (especially to hate mail). In order to avoid potential misunderstandings, please do not send unsolicited ideas, including ideas for new advertising campaigns. You may find other customers' content on this web site to be biased, offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when reading comments made by people. Customers' advice and comments posted does not imply endorsement of their views and information by us. We reserve the right to delete, move or edit any content that we may determine, at our sole discretion, as unacceptable or inappropriate. You shall remain solely responsible for all content submitted by you. Keiken Illustrations will never sell, trade, or willingly share any personally identifiable information about you to any third party. However, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed to a third party — in the event of a specific court order, the law must be followed.

Use License

The information contained in this website may include, but is not necessarily limited to, description of services, locations, schedule of events, and links to informational articles (the "content"). The content is provided for your personal use only. You may not download any copies of the materials (information or software) on Keiken Illustrations's web site for personal or professional, non-commercial or commercial reasons. You may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose or any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Keiken Illustrations' web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Keiken Illustrations at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on Keiken Illustrations's web site are provided "as is". Keiken Illustrations makes no warranties — expressed or implied — and hereby disclaims and negates all other warranties, including without limitation: implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Keiken Illustrations does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

When you use the website, any information that you submit will be transmitted via the internet and such transmission is beyond our control. We do not assume any liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this website. We do not assume any liability for loss or damage to your computer systems or networks as a result of your use of this website. Although Keiken Illustrations has implemented security procedures designed to protect your data privacy, there may be occasions when the website is down for service or otherwise, or when security may be breached by a third party and you agree to use this website “as is”. We reserve the right to monitor the website to make sure the data we have collected remains secure, to delete spam, to identify and report attempted security breaches.

Limitations

In no event shall Keiken Illustrations or its subsidiaries, affiliates, officers, directors, employees, agents or representatives be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on Keiken Illustrations' Internet site, the content, or any other information or material on the website or suffered or incurred as a result of faults, interruptions, or delays in the use of the website, or out of any inaccuracies, errors, or omissions in the content, or any other information or materials on the website, regardless of how such faults, interruptions, delays, inaccuracies, errors, or omissions arise, even if Keiken Illustrations or a Keiken Illustrations authorized representative has been notified orally or in writing of the possibility of such damage. Without limiting the foregoing, in no event will Keiken Illustrations be liable for any losses or damages, in the aggregate, in excess of the amount you have paid to Keiken Illustrations, if any, for access to the website in the twelve months immediately preceding the event giving rise to the loss or damage. If you are dissatisfied with any content, or any other materials or information provided on this website or with the use of this website, your sole and exclusive remedy is to discontinue using the website.

Revisions and Errata

The materials appearing on Keiken Illustrations's web site could include technical, typographical, or photographic errors. We reserve the right to make changes and updates to any information contained in the web site without prior notice, including, but not limited to, the pricing and description of products listed. The content on this web site may be out of date, and Keiken Illustrations makes no commitment to update such information. Typographic errors, pricing or description errors, and other inaccuracies will not be honored. Any reliance you place on such information is strictly at your own risk.

Links

Keiken Illustrations has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Keiken Illustrations of the site or endorse the views expressed within them. Use of any such linked web site is at the user's own risk. We have no control over the nature, content and availability of those sites. All use of the linked websites is subject to the terms and conditions of the linked websites.

Indemnification and Your Liability

If you cause a technical disruption of the website, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees and costs of enforcement) arising from or related to that disruption. You agree to indemnify, defend, and hold harmless Keiken Illustrations from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your use or misuse of any portion of the website and/or the content, or your violation of these terms.

Legal Use

You agree to use this website only for lawful purposes and you further agree not to transmit through the website any material which violates or infringes in any way upon the rights of others; which is obscene, threatening, abusive, defamatory, vulgar, pornographic, profane, indecent, invasive of privacy or publicity rights, or which is otherwise objectionable; or which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law. Keiken Illustrations may prohibit or enjoin any conduct or use of this website that restricts or prevents other subscribers from using the website or that otherwise violates our terms and conditions, and we have the right to deny access to any subscriber for any reason at any time. Notwithstanding the above, we have no obligation to monitor the use of the website, but we reserve the right to do so.

When using the website or any of the content, you must comply with all federal and state laws, privileges, rules and regulations, including, without limitation, those addressing the confidentiality of health information, including the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Health Information Technology for Electronic and Clinical Health Act, as the same may be amended from time to time. You should not post any personal or health information on the website.

Copyright Policy

All pictures on this web site are copyrighted by Keiken Illustrations. (Hence the annoying "© Keiken Illustrations" on the images.) All rights are reserved. Keiken Illustrations retains all copyrights on all text, graphic images, animation, interactive movies, and videos owned by Keiken Illustrations. Any copy of the images or portion thereof must include this copyright notice: "Copyright Keiken Illustrations. All rights reserved." No images may be reproduced, republished, sold or edited without approval in writing first by Keiken Illustrations. You may not use the material in a manner that disparages Keiken Illustrations or its employees or officers. You may not link to the Keiken Illustrations site in a way that makes the content of the Keiken Illustrations web site appear to belong to a non-Keiken Illustrations site — such as but not limited to holding the content in a separate frame. If you wish to use any content from this web site, contact Keiken Illustrations. If you wish to link to this web site, use one of the link-back buttons provided at the bottom of the links page.

Keiken Illustrations has adopted the following general policy toward copyright and intellectual property infringement in accordance with United States intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Keiken Illustrations will respond to notices of this form from any jurisdiction. The address of Keiken Illustrations' Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is:

Keiken Illustrations
Attn: Privacy Officer
900 S. Willow Ave., #2505
Cookeville, TN 38502

If you believe that material residing on or accessible through the Keiken Illustrations web site or service infringes a copyright or other intellectual property right, to provide us of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above. Please specify the type of infringement at issue and the notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
  • Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
  • Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Keiken Illustrations is capable of finding and verifying its existence;
  • Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Keiken Illustrations on the owner's behalf, the address, telephone number and, if available, e-mail address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

Once proper Bona Fide Infringement Notification is received by the Designated Agent, Keiken Illustrations will investigate the allegations in the notice, and if appropriate, may remove or disable access to the material infringing upon the intellectual property.

If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Keiken Illustrations.

Terms of Use Modifications

Keiken Illustrations may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Keiken Illustrations's web site shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions.

fairy design
Please leave a message if there's no answer. I never answer when I'm painting or coding. Your call will be returned as soon as possible, nearly always within the hour.
All images © Copyright 1997 - 2018 K. Roberts d/b/a Keiken Illustrations.
All rights reserved.