Terms and Conditions

The following terms and conditions agreement (“Agreement”) is entered into by and between you and Mariah Reading Art, a Maine Sole Proprietorship (“Mariah Reading Art”). This Agreement governs your use of MariahReadingArt.com (the “Website”) including any Website content, Website functionality, and products or services procured through the Website.

THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THIS WEBSITE, YOU AFFIRM THE FOLLOWING:  (I) YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, (II) YOU ACCEPT AND ARE BOUND BY THE TERMS AND CONDITIONS, AND (III) IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THIS AGREEMENT.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THIS AGREEMENT, (B) ARE NOT THE NECESSARY LEGAL AGE TO FORM A BINDING CONTRACT WITH MARIAH READING ART, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES.

I. Terms of Use

A. License and Website Access

Mariah Reading Art grants you a limited, revocable license to access and make personal use of the Website as our customer. Any use of the Website or Website Content (defined below) that is expressly prohibited shall immediately terminate the license granted herein and shall be considered a breach of contract. You are not permitted to:

1. reproduce, duplicate, copy, sell or otherwise exploit the Website or any product image, product listing, product description, price, trade dress, trademark, logo or other content (“Website Content”) for any purpose, except as expressly provided in this Agreement;

2. use a robot, spider, or data mining or extraction tool or process to monitor, extract, or copy Website Content (except in the operation or use of internet search engines, hit counters, or similar technology);

3. use any meta tags, search terms, key terms, or similar mechanisms that contain MRA trademarks, including but not limited to the Website’s name;

4. engage in any activity that interferes with Website operation or another user’s ability to use the Website;

5. modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Website and the products and services offered on the Website; or

6. assist or encourage any third party in engaging in any activity prohibited by this Agreement.

B. Electronic Communications

You consent to receive communications from Mariah Reading Art by e-mail. You agree that all agreements, notices, disclosures, and other communications that Mariah Reading Art provides to you by e-mail shall satisfy any legal requirement that such communications be in writing.

C. Intellectual Property

If you wish to make any use of Website Content other than that set out in this Agreement, especially for commercial purposes, please address your request to: mariahreadingart@gmail.com . Any use of the Website or Website Content expressly prohibited by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

1. Copyright. All Website Content is the property of Mariah Reading Art or is licensed to Mariah Reading Art and is protected copyright. The purchase of any product or work does not provide the purchaser with any copyright interest or other intellectual property right in the product. You may not modify copies of any purchased works or products. You may not delete or alter copyright or other proprietary rights notices from purchased works or products from the Website.

1. Trademarks. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Mariah Reading Art, Mariah Reading Art’s affiliated companies, or used with permission of the owner. Mariah Reading Art trademarks and trade dress may not be used for any commercial or other purposes without the prior written consent of Mariah Reading Art. You may not delete or alter trademark or other proprietary rights notices from copies of materials or purchased works or products from the Website.

D. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Mariah Reading Art does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Mariah Reading Art disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mariah Reading Art, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mariah Reading Art. Mariah Reading Art is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

E. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MARIAH READING ART, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

II. Terms of Sale

A. Acceptance of Order

You agree that your order is an offer to buy, under this Agreement, all products and services listed in your order. All orders must be accepted by Mariah Reading Art before any obligation to sell the products or services to you arises. YOUR ORDER IS NOT ACCEPTED BY MARIAH READING ART UNTIL YOU HAVE RECEIVED A SHIPPING CONFIRMATION NOTICE FROM MARIAH READING ART. In the event your order is not accepted by Mariah Reading Art, your sole recourse shall be the return of amounts paid by you related to such order including the purchase price, shipping costs, and any taxes assessed, but not to include processing fees. 

B. No Return Policy

Mariah Reading Art is committed to quality products; however, the nature and development of Mariah Reading Art products and works is what makes them unique. Mariah Reading Art upcycles discarded materials that may be damaged when obtained by Mariah Reading Art. Additionally, in the process of collecting these materials and producing the products and works, Mariah Reading Art makes meaningful trips that are environmentally friendly. This means that materials, prior prints, and other works spend time travelling and may be subject to damage along the way. Some products and works of Mariah Reading Art have been displayed in art shows or other public places and may show signs of wear because of framing and other display techniques. THEREFORE, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF FITNESS OR MERCHANTABILITY ARE HEREBY DISCLAIMED. EACH PRODUCT AND WORK SOLD BY MARIAH READING ART IS SOLD IN AN AS-IS CONDITION. PRODUCTS AND WORKS SOLD BY MARIAH READING ART MAY NOT BE RETURNED AND NO REFUNDS WILL BE GIVEN NOTWITHSTANDING SECTION II(A) OF THESE TERMS AND CONDITIONS.  

C. Disclaimer

Mariah Reading Art is not liable for any financial damage, including but not limited to the cost of any replacement purchase that may occur because of non-timely arrival or any lack of availability or conformity of the product.

III. Miscellaneous

A. Governing Law and Jurisdiction

All claims or disputes relating to or arising out of the Website or this Agreement shall be governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal or state courts located in the State of Maine. You waive any and all objections to the exercise of personal jurisdiction over you by such courts and to venue in such courts. We retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence, if your country of residence is outside the United States of America, or any other relevant country.

B. Severability

If any of the provisions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions. 

C. Indemnification

You agree to defend, indemnify, and hold harmless Mariah Reading Art, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to this Agreement or your use of the Website, including, but not limited to, your use of Website Content, or the Website’s services and products.

D. Entire Agreement

This Agreement constitutes the sole and entire agreement between you and the Mariah Reading Art regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.