Terms of Use

Welcome. Please read all these terms carefully, and keep a copy of them for your reference. These terms and conditions set forth the general rules and regulations for your use of becbookwalter.com or rebeccabookwalter.com website (“Website” or “Services”) and any of its related products and services (collectively, “Services”).

The Website is offered to you on the condition of your acceptance without modification of the terms, conditions, and notices stated on this page (the “Terms”). Your use of this Website constitutes your agreement to all such Terms. This agreement is legally binding between you and Rebecca Bookwalter (“we”, “us”, or “our”). If you do not accept all of the terms and conditions stated on this page do not continue to use this Website.

Rebecca ‘Bec’ Bookwalter (and BecBookwalter.com) offers Fine Art Paintings & Drawings, Reproductions, Fine Art Ceramics, and Other Products, Goods, and Services.

RIGHTS TO ARTWORK AND IMAGES

All artwork, images, and graphics are the sole property of Rebecca Bookwalter and may not be used by any third party for any reason without written permission from Rebecca Bookwalter.

Reproducing or copying artwork created by Rebecca Bookwalter (as seen on this Website, or elsewhere) is strictly prohibited without written permission from the artist.

Rebecca Bookwalter retains all rights to the image(s) of all artwork, including the rights to the image(s) of sold & commissioned original artworks.

Rebecca Bookwalter 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.

Rebecca Bookwalter retains the right to make unlimited reproductions of any and all artwork created by Rebecca Bookwalter unless the collector has purchased the full or partial rights to the artwork in addition to purchasing the original artwork.

If you are interested in purchasing further rights for original artwork, such as reproduction rights or rights to display work in a public space, please contact bec@becbookwalter.com.

Collectors of reproductions (prints) have the right to display the artwork in their homes or business but have no other rights to the artwork.

Any image or photograph of the interior which displays the artwork created by Rebecca Bookwalter in a third-party publication, including but not limited to social media, magazines, and/or books, must come with attribution. Attribution must include the artist's name and title of the artwork.

Any and all other uses not covered above must receive written approval in advance from Rebecca Bookwalter.

ACCOUNTS

You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age.

If you choose to create an account on this Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account as well as any other actions taken in connection with it. You may not assign or transfer your account to any other person or entity. You must immediately notify us of any unauthorized use of your account or any other breaches of security. You acknowledge that Rebecca Bookwalter is not responsible for third-party access to your account that results from theft or misappropriation of your account.

Providing false contact information of any kind may result in the termination of your account. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such omissions or acts.

Rebecca Bookwalter and associates reserve the right to refuse or cancel Services, terminate accounts, or edit or remove content at our sole discretion. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. We may disable, suspend, or delete your account (or any part thereof) if we determine that you have violated any provision of this agreement or that your contact or conduct would tend to damage our goodwill and reputation. If we delete your account you may not reregister for our Services. We may block your IP address and email to prevent further registration.

BILLING AND PAYMENTS

You must pay all fees or charges to your account in accordance with the charges, fees, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase is deemed a high-risk transaction, we will require you to provide a copy of your valid government-issued photo identification. We may possibly require a copy of your most recent bank statement associated with the credit or debit card used for the purchase.

We reserve the right to change products or product pricing at any time. We may, at our sole discretion, cancel or limit quantities purchased per order, per person, or per household. These restrictions may include orders placed with the same credit card, same billing and/or shipping address, or under the same customer account. If we make changes to or cancel an order, we may attempt to notify you via your provided email, billing address, and/or phone number.

SECURITY

All payment information will be protected. We do not retain any payment information, and we take precautions to protect your information during processing. When you submit sensitive information via the Website, your information is protected both online and offline. Sensitive data collected (such as credit card data) is encrypted and transmitted to us in a secure way through a Payment Processing System, such as PayPal or Stripe, depending on your preference at checkout.

ACCURACY OF INFORMATION

There may be occasional instances where information on the Website contains inaccuracies, typographical errors, or omissions that may relate to pricing, availability, product descriptions, offers, and promotions. We reserve the right to correct any inaccuracies, errors, or omissions, and to update or change information or to cancel orders if any information on the Services or Website is inaccurate at any time without prior notice (including after your order has been submitted). We undertake no obligation to amend, clarify, or update information on the Website including, without limitations, pricing information (except as required by law). No specified refresh or update date appearing on the Website should be taken to indicate that all information on the Website or Services has been updated or modified.

LINKS TO OTHER RESOURCES

The Website may contain links to other websites or linked resources (“Linked Sites”). The Linked Sites are not under our control, and we are not, directly or indirectly, implying any approval, association, endorsement, sponsorship, or affiliation with any linked resource, unless specifically stated herein. We are providing these links to you only as a convenience. We are not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 

Some of the links on the Website may be “affiliate links”. If you click on an affiliate link and purchase an item, Rebecca Bookwalter will receive an affiliate commission. We are not responsible for evaluating or examining, and we do not warrant the offerings of, any individuals or businesses or the content of their resources. We do not assume any liability or responsibility for the products, services, content, and actions of any other third parties. When you access a third-party link on the Website, you should carefully review their legal statements and other conditions of use provided. Your linking to any other off-site or third-party resources is at your own risk.

Certain services made available on the Website are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the BecBookwalter.com/RebeccaBookwalter.com domains, you hereby acknowledge and consent that Rebecca Bookwalter may share such information and data with any third party with whom Rebecca Bookwalter has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.

If you find any link on our Website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

LINKING TO OUR CONTENT

The following organizations may link to our Website without prior written approval:

  • Search engines

  • Government agencies

  • News organizations

  • Online directory distributors (when they list us in the same manner as they link to the websites of other listed businesses)

  • Statewide Accredited Business (except for soliciting non-profit organizations, charity fundraising groups, and charity shopping malls)

These organizations may link to our Website’s home page, to publications, or to other Website information so long as the link:

  • Is not in any way misleading.

  • Fits within the context of the linking parties’ sites.

  • Does not falsely imply sponsorship, approval, or endorsement of the linking party and its products and/or services.

We may consider and approve in our sole discretion link requests from other organizations with adequate details provided for consideration. If you are interested in linking to our Website, you must notify us by email at bec@becbookwalter.com. Please include your name, the name of your organization, contact information, the URL of your website, a list of any URLs from which you would like to link to our Website, and a list of URLs on our Website to which you are requesting to link. Please allow 2-4 weeks for a response. If approved we will provide additional terms and conditions required to link to our site, which you must accept in order to link to our Website.

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and link policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

PROHIBITED USES

You are strictly prohibited from using the Website, Services, and content of the Website in any of the following ways:

  • Unlawful purpose(s).

  • To solicit others to perform or participate in unlawful acts, to violate any laws (international, federal, provincial, or state rules, regulations, laws, or other local ordinances).

  • To abuse, harass, harm, insult, slander, defame, intimidate, disparage, or discriminate based on gender, ethnicity, race, age, sexual orientation, disability, national origin, or religion.

  • To submit false or misleading information.

  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

  • For any obscene or immoral purposes.

  • To upload or transmit viruses or other malicious code that may or will be used in any way to affect the functionality or operation of the Website and Services, third-party products and services, or the Internet.

  • To interfere with or circumvent any security features of the Website and Services, third-party products and services, or the Internet.

  • To spam, phish, pharm, spider, scrape, crawl, or pretext.

  • To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.

  • To damage, disable, impair, or overburden the Website and Services.

  • To interfere with any other party’s use and enjoyment of the Website and Services.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and Services strictly in accordance with these terms of use. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses and/or terms of use.

INTERNATIONAL USERS AGREEMENT

Rebecca Bookwalter Fine Art (and BecBookwalter.com) is operated, controlled, and administered by Rebecca Bookwalter from our studio within the United States of America (USA). If you access the Website from any location outside of the USA, you are responsible for compliance with all applicable local laws. You agree that you will not use the Website, Services, and content accessed through the Website in any country or in any manner prohibited by any applicable restrictions, regulations, or laws in your location.

INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, designs, inventions, trademarks, patents, goodwill, and the right to sue for passing off, rights to use, rights to inventions, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist now or in the future in any part of the world. This agreement does not transfer to you any intellectual property owned by Rebecca Bookwalter or any third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Rebecca Bookwalter. All trademarks, logos, service marks, and graphics used in connection with the Website and Services, are trademarks or registered trademarks of Rebecca Bookwalter or our licensors. Additionally, other trademarks, logos, service marks, and graphics used in connection with the Website and Services may be the property of third parties. Your use of the Website and Services grants you no rights or license to reproduce or otherwise use any of Rebecca Bookwalter or third-party trademarks.

Additionally, all content included as part of the Website and Services, such as text, images, graphs, logos, etc., as well as the complication thereof, and any software utilized on the Website, are the property of Rebecca Bookwalter or our suppliers and are protected by intellectual property and proprietary rights. You agree to observe and abide by all copyright, intellectual property rights, and other proprietary notices, legends, or other restrictions contained in any such content and will make no changes of any kind thereto.

You will not publish, modify, reverse engineer, transmit, create derivative works, participate in the sale or transfer, or in any way exploit any of the content, in whole or part, found on the Website. Our content is not for resale. Your use of the site does not entitle you to make any unauthorized use of protected content, and you will not delete or alter in any way proprietary rights or attribution notices in any content. You agree to use protected content solely for personal use and will make no other use of the content without the express written permission of Rebecca Bookwalter and the copyright owner. You agree that you do not acquire any ownership rights to any protected content. We do not grant you any rights or licenses, expressed or implied, to any intellectual property of Rebecca Bookwalter or our licensors except as expressly authorized by these Terms.

ELECTRONIC COMMUNICATIONS

Electronic communications are constituted by visiting our Website or sending emails to Rebecca Bookwalter. You consent to receive electronic communications and agree that all notices, agreements, disclosures, and other communications that we provide to you electronically, either via the Website or email, satisfy any legal requirements that such communications be in writing.

DISCLAIMER OF WARRANTY

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

LIABILITY DISCLAIMER

To the fullest extent permitted by applicable law, in no event will Rebecca Bookwalter, our affiliates, suppliers, agents, directors, officers, licensors, or employees be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Rebecca Bookwalter and our affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Rebecca Bookwalter for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.

We are human and thus imperfect, therefore there may be errors, inaccuracies, typographical errors, and other mistakes on this Website and in the studio content in general. We reserve the right to change any and all of it at any time in its entirety if we so choose to do.

Rebecca Bookwalter shall not be held liable for any direct, indirect, incidental, special, or consequential damages caused by the Website, Squarespace, or any other third party. If you are not satisfied with our Website, you do not have to use it.

INDEMNIFICATION

You agree to indemnify and hold Rebecca Bookwalter and our affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

DISPUTE RESOLUTION

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Pennsylvania, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Pennsylvania, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

ASSIGNMENT

You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement or its Terms related to the Website and Services at any time at our discretion. When we do, we will revise the effective date at the bottom of this page. The most current version of the Terms will immediately supersede all previous versions. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. We encourage you to review these terms periodically to stay up to date on any changes.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Unless stated otherwise in these Terms you agree not to do any of the following without express written consent from Rebecca Bookwalter:

  • Republish material from https://becbookwalter.com

  • Sell, rent, or sub-license material from https://becbookwalter.com

  • Reproduce, duplicate, or copy material from https://becbookwalter.com

  • Redistribute content from Rebecca Bookwalter or https://becbookwalter.com (unless content is specifically made for redistribution).

CONTACT US

If you have any questions, concerns, or complaints regarding this Agreement, we welcome you to contact us using the details below:

bec@becbookwalter.com

EFFECTIVE AS OF DECEMBER 18, 2022

This document was last updated on May 11, 2023.