Terms & Conditions

 

Agreement between User and https://www.lindseymattucci.com

The https://www.lindseymattucci.com/ website (the "Site") is comprised of various web pages operated by Lindsey Mattucci. https://www.lindseymattucci.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.lindseymattucci.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.lindseymattucci.com is a Services and E-Commerce Site.

The website provides information for services in fine art, graphic design, illustration, social media management, and website design, as well as original paintings and prints for purchase.

Privacy

Your use of https://www.lindseymattucci.com is subject to Lindsey Mattucci's Privacy Policy. Please review the Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://www.lindseymattucci.com or sending emails to Lindsey Mattucci 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

  • Art Commissions and Services:

    • No refunds will be issued for delivered and completed art commissions or services.

    • In case of cancellation before the completion of the commission or service, partial refunds may be provided.

    • The refund amount will be determined based on the work that has already been completed at the time when the client provides written notice of cancellation.

  • Product Purchases through the Online Store:
    For product purchases made through our online store, returns and refunds are subject to the following conditions.

    • The item must be returned in perfect condition within 30 days from the date of purchase to be eligible for a full refund.

    • Refunds will only be issued upon receiving and inspecting the returned item.

    • Digital items purchased through the online store are non-refundable and cannot be returned.

Please note the following important points regarding our cancellation and refund policy:

  • It is the customer's responsibility to carefully review the details of their commission, service, or product before making a purchase or submitting an order.

  • Refund requests must be made in writing and sent via email or through the appropriate communication channel provided.

  • We reserve the right to assess each cancellation and refund request on a case-by-case basis.

  • Refunds will be processed using the original payment method used for the purchase.

  • Processing times for refunds may vary depending on the payment provider or financial institution.


Links to Third Party Sites/Third Party Services

https://www.lindseymattucci.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Lindsey Mattucci and Lindsey Mattucci 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. Lindsey Mattucci is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lindsey Mattucci of the site or any association with its operators.

Certain services made available via https://www.lindseymattucci.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the https://www.lindseymattucci.com domain, you hereby acknowledge and consent that Lindsey Mattucci may share such information and data with any third party with whom Lindsey Mattucci has a contractual relationship to provide the requested product, service, or functionality on behalf of https://www.lindseymattucci.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 https://www.lindseymattucci.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lindsey Mattucci 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 the Site 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 Lindsey Mattucci 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. Lindsey Mattucci's 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 Lindsey Mattucci 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 Lindsey Mattucci or our licensors except as expressly authorized by these Terms.


Children Under Thirteen

Lindsey Mattucci does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.lindseymattucci.com/ only with permission of a parent or guardian.

International Users

The Service is controlled, operated, and administered by Lindsey Mattucci from our office 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 Lindsey Mattucci’s content accessed through https://www.lindseymattucci.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 Lindsey Mattucci, 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. Lindsey Mattucci 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 Lindsey Mattucci 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 Lindsey Mattucci 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. LINDSEY MATTUCCI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

LINDSEY MATTUCCI 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. LINDSEY MATTUCCI 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 LINDSEY MATTUCCI 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 LINDSEY MATTUCCI 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

Lindsey Mattucci 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 Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois 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 Lindsey Mattucci as a result of this agreement or use of the Site. Lindsey Mattucci's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Lindsey Mattucci'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 Lindsey Mattucci 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 Lindsey Mattucci with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lindsey Mattucci 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

Lindsey Mattucci reserves the right, in its sole discretion, to change the Terms under which https://www.lindseymattucci.com is offered. The most current version of the Terms will supersede all previous versions. Lindsey Mattucci encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Lindsey Mattucci welcomes your questions or comments regarding the Terms here.