BRITT LASPINA DESIGN WEBSITE TERMS AND CONDITIONS
Introduction
Hello and welcome to the Britt LaSpina Design Website [ABN: 6 827 259 349], Terms & Conditions.
By accessing the website at www.brittlaspina.com you are agreeing to be bound by these terms and conditions, which form “An Agreement”.
You agree to be bound by 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. Users must leave the Website and discontinue use of the Website immediately. The materials contained in this website are protected by applicable copyright and trademark law.
Disclaimer of Warranties
All materials on Britt LaSpina Design’s website are provided for sale and viewing on an 'as is' basis.
Britt LaSpina Design makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, suitability for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Britt LaSpina Design does not guarantee that the website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or the Content is accurate, complete, and current. The Website may also change, suspend or unpublish at any time.
Limitation of liability and indemnity
In no event is The Website, its hosting company, its owners, directors, officers, employees, or agents, be liable to users for, without limitation, any direct, indirect, incidental, special, punitive, or consequential Loss or Damages (including damages for loss of data or profit, or due to business interruption) suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third-party links websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party. Any mention or link to the Britt LaSpina Design Website does not imply endorsement.
Accuracy of materials
Britt LaSpina Design reserve’s the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and these Terms and Conditions of Use (or any portion thereof) with or without notice.
The materials appearing on Britt LaSpina Designs website could include errors, including technical, typographical, or photographic errors. Britt LaSpina Design does not warrant that all of the materials on its website are accurate, complete or current. Britt LaSpina Design does not make any commitment to update the materials on the website and users understand that content may vary, change without notice.
Britt LaSpina will work with users to ammend any errors noticed. If you notice anything, please email Britt.
You agree that Britt LaSpina Design will not be liable to you or to any third party for the accuary of any materials, including the modification, editing, deletion, suspension or discontinuance of the use of our Website.
Products and Services
All designs on the Website created or commissioned to be created, are designed by Britt LaSpina Design for the purpose of Textile Use by the Client, which the password has been shared with. The password is shared for the intention of viewing and purchasing a print from the Print Library for commercial use.
The Print Library password shall not be shared with any third party or business other than employees of the business.
After an order is placed, Britt LaSpina Design will send you an email acknowledging receipt and payment of your order.
If you are purchasing a ready-made print, upon successful payment via the website you will be granted Access Rights and can download your files.
If you have not already paid online via the Website, you will be charged for your order using your selected method of payment, and Britt LaSpina will grant you access rights to the high resolution file for each of the Designs specified in your order (“Access Rights”).
All designs and Services provided will have exclusive textile and product use, for a period of 5 years, unless otherwise discussed.
The prints are not to be resold or used for any other purpose then for Textile Use by the licensee.
All designs purchased cannot be duplicated, sub-licensed or resold to third parties.
Cannot be credited to any other Artist or Print Studio than Britt La Spina Design.
Upon accidental loss or destruction of content by the Client after delivery, a re-delivery fee will be incurred.
Payment Terms
A flat rate payment as listed in the product will be made by the Client / Licensee to Britt LaSpina Design.
For custom designs, a 50% Deposit to be paid upfront and at the end after prints are finalised.
After free revisions agreed upon (1), changes are made at the hourly rate.
Exclusive textile use will be transferred upon receipt of full payment from the client for services provided by Britt LaSpina.
Both parties agree to provide accurate contact details information, complete correct name, business name and ABN for legal entities, address, email, phone number, bank details and GST registration details.
Unless otherwise stated, all prices quoted are in Australian dollars
Cancellation
Print Library
The processing of your order is automatic for Designs on the Print Library due to the nature of their instant download. Unfortunately there are no refunds.
Britt LaSpina Design may decline your order for a Design for any reason including legal and regulatory reasons. If Britt LaSpina declines your order for any Design for which you have already been charged, Britt LaSpina will refund you in full for such Design as soon as reasonably possible and copyright is to not be used.
Custom Artwork
If you wish to amend or cancel your order you must contact Britt LaSpina Design immediately. Britt LaSpina Design will do its best to stop your order from being processed however, this may not be possible if work has already commenced, where thereby you forfeit your deposit.
The client will be liable for any legal costs incurred by Britt LaSpina Design in the recovery of unpaid invoices on an indemnity basis.
Copyright
Upon successful payment, designs are licensed exclusively to the client or user for Exclusive Textile use, unless described otherwise.
Designs remain the Copyright of Britt LaSpina Designs under the Australian Copyright Act.
If IP rights are infringed by the Licensees manufactures, the client must aid and cooperate with Britt LaSpina Design to ensure appropriate details and information are transferred from manufactures, including any agreements that were in place.
Designer will retain all preliminary art and original drawings, including any studies and comps already rejected by the client.
You acknowledge that Britt LaSpina has not checked throughout the world to ensure that the Designs do not contain anything that is deemed to be indecent, obscene, pornographic, blasphemous, infringing, defamatory, libellous or otherwise objectionable, unlawful or tortious in accordance with the applicable laws. Accordingly, you must ensure that in the relevant jurisdiction(s) the Designs do not contain anything that is deemed to be indecent, obscene, pornographic, blasphemous, infringing, defamatory, libellous or otherwise objectionable, unlawful or tortious in accordance with the applicable laws.
You acknowledge that Britt LaSpina Design has not conducted searches of national registers of Trade Marks throughout the world in relation to specific words, symbols or numbers forming part of the Designs. Accordingly: Britt LaSpina does not provide any warranties or representations that the Designs will not infringe or otherwise violate any Trade Marks of any third party; and you must secure every third party clearance and permission needed in the relevant jurisdiction(s) to enable you to use the specific words, symbols or numbers forming part of the Designs.
Britt LaSpina is not liable for any inspiration or print direction that is provided by the client for ‘Custom Artwork or Print development’.
You must immediately notify Britt LaSpina Design in writing giving full particulars if any of the following matters come to your attention:
any actual, suspected or threatened infringement of the Copyright; any claim made or threatened that the Design infringes the copyright and rights in the nature of copyright of any third party; or any other form of attack, charge or claim to which the Copyright may be subject.
Britt LaSpina will, at its absolute discretion, decide what action to take, if any.
Termination
Britt LaSpina Design may terminate a Sale Contract at any time with immediate effect by written notice to you if you commit a material breach of any of these Terms and Conditions and such breach is not remediable or, if remediable, is not remedied within twenty eight (28) days from the date of such notice.
Upon the termination of a Sale Contract: all rights and licences granted pursuant to the Sale Contract will end, and you must stop all use of the Copyright;
The termination of a Sale Contract for any reason will not prejudice or affect the accrued rights, remedies obligation or liabilities of the parties existing at termination.
Force Majeure
If Britt LaSpina Design cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, sickness, family emergencies or omission of any third person or public authority, then Britt LaSpina's obligations under the contract will be suspended for the duration of the event or waived to the extent applicable.
Privacy
All information received by Britt LaSpina Design from the Client, writes or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s consent.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
User responsibilities
You as the “User” must not access or use the Site in any manner or for any purpose other than as expressly permitted by these Terms and Conditions.
You must not use any Design in any way until you are granted Access Rights for that Design. For the avoidance of doubt, your Access Rights are for the use of the high resolution file for a Design only.
In respect of each Sale, you acknowledge and agree that the exercise of the licence granted to you is subject to all applicable laws, and you understand and agree that you will at all times be solely liable and responsible for such due observance and performance.
You must, only use the Designs for commercial purposes of the business purchasing, not use the Designs in a way that is or renders the Designs indecent, obscene, pornographic, blasphemous, infringing, defamatory, libellous or otherwise objectionable, unlawful or tortious, or in a way which violates third party rights; only make use of the Copyright for the purposes authorised in these Terms and Conditions; comply with all regulations and practices in force or use to safeguard Britt LaSpina Designs rights in the Copyright; and ensure that the Licensed Products are safe for the use for which they are intended.
By entering details into this website, you agree that all personal information is accurate by law.
You are responsible for obtaining and maintaining any equipment or services needed to connect to, access or otherwise use the Site, including, hardware, software, and long distance or local telephone service.
Introduction
Hello and welcome to the Britt LaSpina Design Website [ABN: 6 827 259 349], Terms & Conditions.
By accessing the website at www.brittlaspina.com you are agreeing to be bound by these terms and conditions, which form “An Agreement”.
You agree to be bound by 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. Users must leave the Website and discontinue use of the Website immediately. The materials contained in this website are protected by applicable copyright and trademark law.
Disclaimer of Warranties
All materials on Britt LaSpina Design’s website are provided for sale and viewing on an 'as is' basis.
Britt LaSpina Design makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, suitability for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Britt LaSpina Design does not guarantee that the website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or the Content is accurate, complete, and current. The Website may also change, suspend or unpublish at any time.
Limitation of liability and indemnity
In no event is The Website, its hosting company, its owners, directors, officers, employees, or agents, be liable to users for, without limitation, any direct, indirect, incidental, special, punitive, or consequential Loss or Damages (including damages for loss of data or profit, or due to business interruption) suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third-party links websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party. Any mention or link to the Britt LaSpina Design Website does not imply endorsement.
Accuracy of materials
Britt LaSpina Design reserve’s the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and these Terms and Conditions of Use (or any portion thereof) with or without notice.
The materials appearing on Britt LaSpina Designs website could include errors, including technical, typographical, or photographic errors. Britt LaSpina Design does not warrant that all of the materials on its website are accurate, complete or current. Britt LaSpina Design does not make any commitment to update the materials on the website and users understand that content may vary, change without notice.
Britt LaSpina will work with users to ammend any errors noticed. If you notice anything, please email Britt.
You agree that Britt LaSpina Design will not be liable to you or to any third party for the accuary of any materials, including the modification, editing, deletion, suspension or discontinuance of the use of our Website.
Products and Services
All designs on the Website created or commissioned to be created, are designed by Britt LaSpina Design for the purpose of Textile Use by the Client, which the password has been shared with. The password is shared for the intention of viewing and purchasing a print from the Print Library for commercial use.
The Print Library password shall not be shared with any third party or business other than employees of the business.
After an order is placed, Britt LaSpina Design will send you an email acknowledging receipt and payment of your order.
If you are purchasing a ready-made print, upon successful payment via the website you will be granted Access Rights and can download your files.
If you have not already paid online via the Website, you will be charged for your order using your selected method of payment, and Britt LaSpina will grant you access rights to the high resolution file for each of the Designs specified in your order (“Access Rights”).
All designs and Services provided will have exclusive textile and product use, for a period of 5 years, unless otherwise discussed.
The prints are not to be resold or used for any other purpose then for Textile Use by the licensee.
All designs purchased cannot be duplicated, sub-licensed or resold to third parties.
Cannot be credited to any other Artist or Print Studio than Britt La Spina Design.
Upon accidental loss or destruction of content by the Client after delivery, a re-delivery fee will be incurred.
Payment Terms
A flat rate payment as listed in the product will be made by the Client / Licensee to Britt LaSpina Design.
For custom designs, a 50% Deposit to be paid upfront and at the end after prints are finalised.
After free revisions agreed upon (1), changes are made at the hourly rate.
Exclusive textile use will be transferred upon receipt of full payment from the client for services provided by Britt LaSpina.
Both parties agree to provide accurate contact details information, complete correct name, business name and ABN for legal entities, address, email, phone number, bank details and GST registration details.
Unless otherwise stated, all prices quoted are in Australian dollars
Cancellation
Print Library
The processing of your order is automatic for Designs on the Print Library due to the nature of their instant download. Unfortunately there are no refunds.
Britt LaSpina Design may decline your order for a Design for any reason including legal and regulatory reasons. If Britt LaSpina declines your order for any Design for which you have already been charged, Britt LaSpina will refund you in full for such Design as soon as reasonably possible and copyright is to not be used.
Custom Artwork
If you wish to amend or cancel your order you must contact Britt LaSpina Design immediately. Britt LaSpina Design will do its best to stop your order from being processed however, this may not be possible if work has already commenced, where thereby you forfeit your deposit.
The client will be liable for any legal costs incurred by Britt LaSpina Design in the recovery of unpaid invoices on an indemnity basis.
Copyright
Upon successful payment, designs are licensed exclusively to the client or user for Exclusive Textile use, unless described otherwise.
Designs remain the Copyright of Britt LaSpina Designs under the Australian Copyright Act.
If IP rights are infringed by the Licensees manufactures, the client must aid and cooperate with Britt LaSpina Design to ensure appropriate details and information are transferred from manufactures, including any agreements that were in place.
Designer will retain all preliminary art and original drawings, including any studies and comps already rejected by the client.
You acknowledge that Britt LaSpina has not checked throughout the world to ensure that the Designs do not contain anything that is deemed to be indecent, obscene, pornographic, blasphemous, infringing, defamatory, libellous or otherwise objectionable, unlawful or tortious in accordance with the applicable laws. Accordingly, you must ensure that in the relevant jurisdiction(s) the Designs do not contain anything that is deemed to be indecent, obscene, pornographic, blasphemous, infringing, defamatory, libellous or otherwise objectionable, unlawful or tortious in accordance with the applicable laws.
You acknowledge that Britt LaSpina Design has not conducted searches of national registers of Trade Marks throughout the world in relation to specific words, symbols or numbers forming part of the Designs. Accordingly: Britt LaSpina does not provide any warranties or representations that the Designs will not infringe or otherwise violate any Trade Marks of any third party; and you must secure every third party clearance and permission needed in the relevant jurisdiction(s) to enable you to use the specific words, symbols or numbers forming part of the Designs.
Britt LaSpina is not liable for any inspiration or print direction that is provided by the client for ‘Custom Artwork or Print development’.
You must immediately notify Britt LaSpina Design in writing giving full particulars if any of the following matters come to your attention:
any actual, suspected or threatened infringement of the Copyright; any claim made or threatened that the Design infringes the copyright and rights in the nature of copyright of any third party; or any other form of attack, charge or claim to which the Copyright may be subject.
Britt LaSpina will, at its absolute discretion, decide what action to take, if any.
Termination
Britt LaSpina Design may terminate a Sale Contract at any time with immediate effect by written notice to you if you commit a material breach of any of these Terms and Conditions and such breach is not remediable or, if remediable, is not remedied within twenty eight (28) days from the date of such notice.
Upon the termination of a Sale Contract: all rights and licences granted pursuant to the Sale Contract will end, and you must stop all use of the Copyright;
The termination of a Sale Contract for any reason will not prejudice or affect the accrued rights, remedies obligation or liabilities of the parties existing at termination.
Force Majeure
If Britt LaSpina Design cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, sickness, family emergencies or omission of any third person or public authority, then Britt LaSpina's obligations under the contract will be suspended for the duration of the event or waived to the extent applicable.
Privacy
All information received by Britt LaSpina Design from the Client, writes or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s consent.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
User responsibilities
You as the “User” must not access or use the Site in any manner or for any purpose other than as expressly permitted by these Terms and Conditions.
You must not use any Design in any way until you are granted Access Rights for that Design. For the avoidance of doubt, your Access Rights are for the use of the high resolution file for a Design only.
In respect of each Sale, you acknowledge and agree that the exercise of the licence granted to you is subject to all applicable laws, and you understand and agree that you will at all times be solely liable and responsible for such due observance and performance.
You must, only use the Designs for commercial purposes of the business purchasing, not use the Designs in a way that is or renders the Designs indecent, obscene, pornographic, blasphemous, infringing, defamatory, libellous or otherwise objectionable, unlawful or tortious, or in a way which violates third party rights; only make use of the Copyright for the purposes authorised in these Terms and Conditions; comply with all regulations and practices in force or use to safeguard Britt LaSpina Designs rights in the Copyright; and ensure that the Licensed Products are safe for the use for which they are intended.
By entering details into this website, you agree that all personal information is accurate by law.
You are responsible for obtaining and maintaining any equipment or services needed to connect to, access or otherwise use the Site, including, hardware, software, and long distance or local telephone service.
