Terms & Conditions
NIKKIE MARKLE STUDIO, LLC and WWW.NIKKIEMARKLESTUDIO.COM
TERMS & CONDITIONS
Effective Date: 4/18/2023
Please read these Terms & Conditions carefully and in their entirety before using www.nikkiemarklestudio.com (hereinafter referred to as the “Site”). The Site and its content are owned by Nikkie Markle Studio, LLC.
PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at email@example.com.
You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 18 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
“Company”, “NMS’, “Artist”, “We”, “I”, “Our”, or “Us” means Nikkie Markle Studio, LLC and our website, www.nikkiemarklestudio.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Nikkie, Nikkie Markle Studio, LLC, and/or www.nikkiemarklestudio.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Nikkie Markle Studio, LLC and/or on www.nikkiemarklestudio.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.
“Site, Services, and/or Products” means www.nikkiemarklestudio.com, Content (as defined herein), email list/newsletters, social media posts, forms, worksheets, website materials, images, prints and/or artwork available on the Site.
“Site” means www.nikkiemarklestudio.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
3. Site Rules:
By using the Site and/or making any Purchase, you hereby agree & consent not to:
Abuse or harass any person through or on the Site.
Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
Post or transmit any “spam” or unwanted, unsolicited content.
Post copyrighted materials, photographs, or content which do not belong to you.
Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
By using the Site, you understand that I am an artist. I am not a professional conservator and therefore you need to discuss and clear any and all changes to prints and artwork which may result over time with a professional conservator. Our Content is for informational and educational purposes only and is based on our personal experience.
5. Your Consent to These Terms & Conditions:
By using this Site, or Purchasing or Downloading from our Site, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
6. Changes To These Terms & Conditions:
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
7. Links to Third-Party or External Websites:
8. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Nikkie Markle Studio, LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. The Artist, Nikkie Markle, retains copyright ownership to all artwork (available/sold/commissioned). Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
9. Our Limited License to You:
If you view, access, or Purchase the Site, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Services, and/or Products very seriously.
Images may be available for licensing on an individual basis, but require written permission from Nikkie Markle Studio, LLC in the form of a Licensing Contract.
10. Your License to Us:
By commenting on the Site, or submitting documents to Nikkie Markle Studio, LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
11. Purchase & Access Terms:
During the course of your use, Purchase, and/or Download from the Site, Services, and/or Products, you agree and understand that you cannot distribute, copy, reproduce, modify, forward, and/or share images or information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download.
Nikkie Markle Studio, LLC retains copyright ownership to all artwork (available/sold/commissioned), regardless of having sold the original work of art or whether you own the individual artwork.
Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
12. Sharing the Site & Its Content:
You must request and receive written permission by email firstname.lastname@example.org before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Nikkie Markle Studio, LLC.
13. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her/their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
14. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
15. Your Release of Us:
By using the Site or Purchasing Products, or Services you agree to release, forgive, and forever discharge Nikkie Markle Studio, LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
16. Errors & Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Nikkie Markle Studio, LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
17. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for commission services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Nikkie at email@example.com.
18. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Site or Nikkie Markle Studio’s Services, and/or Products, please contact us directly first by emailing Nikkie at firstname.lastname@example.org.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Nikkie Markle Studio, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 15 miles of Spring, Texas.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Texas. The only award that can be issued to you is a refund of any payment made to Nikkie Markle Studio, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
19. Consent to Governing Law:
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Texas.
20. Consent to Jurisdiction:
21. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Texas for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Texas.
22. Payment & Purchases:
When you Purchase one of our Services and/or Products from us or the Site, you may pay by Paypal or credit card. By doing so, you give Nikkie Markle Studio, LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
If you elect the installment or “pay over time” option at checkout, you agree that Nikkie Markle Studio, LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
Personal/Bank checks are not accepted from unknown parties.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Services and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats. If any chargebacks are placed on a Purchase or Download, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
23. Limitation of Liability:
Nikkie Markle Studio, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
24. Defense & Indemnification:
25. Termination of Your Use:
26. Entire Agreement:
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
28. Your Privacy & Security on the Site:
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
Email: Nikkie at email@example.com
Business Mailing Address: 27708 Tomball Parkway, #113, Tomball, TX 77375