Agreement between User and Sarah K. Benning Studios

The sarahkbenning.com website (the "Site") is owned and operated by Sarah K. Benning Studios. Sarahkbenning.com is governed by these Terms of Use + our Privacy Policy. Your use of sarahkbenning.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Sarah K. Benning Studios (and sarahkbenning.com) is a service and commerce company offering original artworks, kits, digital patterns and other educational resources, reproductions, other products and goods, workshops, resources. Products or services may be added or removed without notice. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

Rights to Artwork and Images

All artwork, images, and graphics are the sole property of Sarah K. Benning Studios and may not be used by any third party without written permission. Copying or reproducing artwork created by Sarah K. Benning (as seen on sarahkbenning.com, or elsewhere) is strictly prohibited without written permission from the artist.  

Sarah K. Benning retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business or other rights as defined by a contract signed by all necessary parties.  

Sarah K. Benning retains all rights to the images of all artwork including the rights to the image of sold or commissioned original artworks unless otherwise defined by contract.   

Sarah K. Benning retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Sarah K. Benning UNLESS THE COLLECTOR OR COMMISSIONER HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.

Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork. 

Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artists name).

All other uses must be agreed to in advance in writing. 

Please contact info@sarahkbenning.com with any inquiries.

Rights to #SKBDIY Materials

Sarah K. Benning studio makes #SKBDIY materials available (on sarahkbenning.com in our Etsy Shop and elsewhere) in the form of full embroidery kits and digital patterns exclusively for your personal use.

All content contained within these #SKBDIY materials including but not limited to designs, images, diagrams, text, and branding is owned and all rights retained by Sarah K. Benning Studios. Such content may not be shared, sold, or otherwise distributed without explicit written permission.

Participants of the #SKBDIY programs, including attendees of Sarah K. Benning workshops agree that they will not sell the information contained within the #SKBDIY materials or sell work created in full or in part based on the designs and information included within #SKBDIY materials.

Electronic Communications

Visiting sarahkbenning.com or sending emails to Sarah K. Benning Studios 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.

Children Under Thirteen

If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms. Sarah K. Benning Studios does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.

Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant Sarah K. Benning Studios the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Sarah K. Benning Studios does not have access to or retain payment information.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Sarah K. Benning reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

You agree that by placing an order on the Site, you are entering into a binding contract with Sarah K. Benning Studios and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Returns

Because of the specialized nature of Sarah K. Benning Studios products and services, returns or exchanges are generally not accepted. Returns and exchanges are handled on a case by case basis. If you have a question or concern about an order, please contact info@sarahkbenning.com.

If you are located in the EU, legally you have a right to make returns within 14 business days. Item must be received by Sarah K. Benning Studios, LLC in its original condition before a refund can be made. All shipping expenses (actual cost of original and return postage) are the responsibility of the customer.

SHIPPING FEES, VAT OR OTHER IMPORT EXPENSES

If your local postal service requests additional funds for import, duty or VAT fees above and beyond what we have previously paid through our shipping provider these are at the expense of each customer. All countries are unique and require their own customs protocol.

Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Product Information; Limitation on Quantities

Sarah K. Benning Studios strives to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

Proprietary Rights

You are granted a non-exclusive, non-transferable, revocable license to access and use sarahkbenning.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sarah K. Benning Studios 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 Sarah K. Benning Studios 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 Sarah K. Benning Studios or our 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. Sarah K. Benning Studios 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 Sarah K. Benning Studios 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 Sarah K. Benning Studios or our licensors except as expressly authorized by these Terms.

AFFILIATE LINKS

From time to time, Sarah K. Benning Studios participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

As a policy, Sarah K. Benning Stusios will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. We will inform you when one of the links constitutes an affiliate link.

You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your and/or will benefit you. You will not rely on any recommendation, reference, or information provided by Sarah K. Benning Studios but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.

General Disclaimers

You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, SARAH K. BENNING STUDIOS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Sarah K. Benning Studios makes no warranties of any kind regarding any non-Sarah K. Benning sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Sarah K. Benning Studios makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Sarah K. Benning sites. Sarah K. Benning Studios does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

SARAH K. BENNING STUDIOS DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT LABEL INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE CERTAIN INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS.

Disclaimer – Tutorial Advice

Any information provided by Sarah K. Benning Studios regarding #SKBDIY materials or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

Indemnification

You agree to indemnify, hold harmless, and defend Sarah K. Benning, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.

Limitation of Liability

EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF SARAH K. BENNING STUDIOS, IN NO EVENT SHALL THE SARAH K. BENNING STUDIOS, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF SARAH K. BENNING HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF SARAH K. BENNING STUDIOS, IN NO EVENT SHALL THE TOTAL LIABILITY OF SARAH K. BENNING STUDIOS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO SARAH K. BENNING STUDIOS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

Waiver; Remedies

The failure of Sarah K. Benning Studios to partially or fully exercise any rights or the waiver of Sarah K. Benning Studios of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Sarah K. Benning Studios or be deemed a waiver by Sarah K. Benning Studios of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Sarah K. Benning Studios under these Terms and any other applicable agreement between you and Sarah K. Benning Studios shall be cumulative, and the exercise of any such right or remedy shall not limit Sarah K. Benning Studios’s right to exercise any other right or remedy.

Governing Law

The laws of the State of New Hampshire shall govern these Terms without regard to conflict of laws provisions.

International Use

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disputes

Any dispute relating in any way to your visit to, or use of, the Site to the products you purchase through the Site (including a subscription), or to your relationship to Sarah K. Benning Studios shall be submitted to confidential arbitration in New Hampshire; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New Hampshire. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New Hampshire. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

YOU AND SARAH K. BENNING STUDIOS AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sarah K. Benning Studios agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Termination/Access Restriction

Sarah K. Benning Studios reserves the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you andSarah K. Benning Studios as a result of this agreement or use of the Site.

Changes to Terms

Sarah K. Benning Studios reserves the right, at our sole discretion, to change the Terms under which sarahkbenning.com is offered. The most current version of the Terms will supersede all previous versions. Sarah K. Benning Studios encourages you to periodically review the Terms to stay informed of our updates.

Please contact info@sarahkbenning.com with any questions.