Please read the following terms of service agreement carefully. By accessing or using the artist’s (Kimberly Michael) website and services, you hereby agree to be bound by the terms and all terms incorporated herein by preference. It is the responsibility of you, the user, customer, or prospective customer, to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use the artist’s site 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 Kimberly Michael, also known as the Artist, located in San Gabriel, California, in association with the use of the Artist’s website, studiographe.me (the “Site”) and its Services, which shall be defined below.

Description of Web Site Services Offered
This Site is an e-commerce website and blog operated by Fine Artist Kimberly Michael. These Terms set forth the terms and conditions under which you may use the Artist’s website and services provided by the Artist.  

This website is the official website of Fine Artist Kimberly Michael featuring acrylic paintings, mixed media paintings, and drawings on paper, canvas, wood panel, and other archival substrates. All artworks and handmade items listed in the Art Shop on the website, studiographe.me, are available for visitors and/or clients to purchase online. The Artist also has a blog (“Musings”) on which visitors and clients may comment and interact with the Artist as well as other users. By using or accessing the website services or making an online purchase, you approve that you have read and agree to be bound by these Terms.

The Artist (Kimberly Michael) is registered in Los Angeles County under the name Studio Grapheme and with the Artist’s city registrar office in San Gabriel, California. View the Artist’s Business License and Sellers Permit.

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 users data and other personal information are strictly protected by Kimberly Michael’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 Kimberly Michael.

Copyright and Ownership of Content
Content and images published on this site such as images (both pictures/photos as well as artworks), graphics, text, logos, video and written content is the property of Kimberly Michael and is protected by United States Copyright Laws. The entire collection of artworks and content on this website, studiographe.me, is the exclusive property of Kimberly Michael along with the copyright authorship for this compilation by Kimberly Michael. For more details, visit the Artist’s Copyright Policy.

Color Matching
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. Kimberly Michael is not responsible for the color accuracy on your computer monitor, cell phone, tablet or other device. This also applies to art prints, 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
Kimberly Michael shall reserve the right at any time they 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 herby acknowledge that by using studiographe.me 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 Kimberly Michael.

Comments, Reviews & Emails
Visitors may post content in reply to the Blog 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. The Artist, Kimberly Michael, 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 Kimberly Michael 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 website owner, Kimberly Michael, 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 website or any services offered through the website.

Purchasing Policy
On completion of your online purchase, you will receive a confirmation email from PayPal. Kimberly Michael will make reasonable efforts to package the artwork and ship it within seven (7) business days. Time frame may depend on seasonal/holiday, or for unforeseeable reasons such as sickness, weather conditions or acts of God. If Kimberly Michael is unable to ship the artwork in a timely manner, she will contact the buyer via phone call, email or text. Visit the Artist’s Shipping and Handling page for more detailed information about her shipping and handling policies which includes damaged artwork upon shipment, as well as shipping and handling estimated pricing. At this time, Kimberly Michael is currently not shipping outside of the United States or the states of Alaska and Hawaii.      

Payments
All payments are made through PayPal, a third party payment processor. Processing payments through PayPal is subject to third parties’ Terms of Service and Privacy Policy. You agree to pay the Artist, Kimberly Michael through PayPal, the full amount as charged.

Refund Policy
All sales are final, No Refunds, No Returns. Artwork is only refunded if it is damaged during shipment. For more information on how to handle damaged artwork upon shipment, visit the Shipping and Handling page and read the terms under “Damages”.

Customer Complaints
If there are any problems or discrepancies with your purchase or otherwise, please contact the Artist, Kimberly Michael, within seven (7) calendar days of your receipt of your delivery via the contact page.

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 California. 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 Los Angeles County, California.

Questions or Concerns
If you have any questions or concerns regarding the Terms of Service Agreement, Privacy Policy, or Copyright Policy related to the Artists’ website, studiographe.me, please feel free to contact the Artist, Kimberly Michael, by clicking here for the contact page.

Updated 20 June 2020