Terms of Service

These Terms of Service (“Terms of Service”, “Terms and Conditions”, “Terms”, “Agreement”) covers your use and access to products, services, and sites provided by MarinaMakesArt LLC, on the websites operated by MarinaMakesArt LLC, including marinamakesart.com and marinamakesart.etsy.com.

Overview

This website is operated by MarinaMakesArt LLC. Throughout the site, the terms “we”, “us” and “our” refer to MarinaMakesArt LLC, and the terms “you” and “your” refer to all users of the services and sites operated by MarinaMakesArt LLC. MarinaMakesArt LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new services, features or tools which are added to the current shops or sites operated by us shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Products and Services

For products and services that require your materials, including but not limited to fresh flowers, dried flowers, small objects, and/or cremated remains, to be handed over to MarinaMakesArt LLC, items must be shipped and/or dropped off. Shipping costs, choice of carrier, appropriate packaging that follows provided instructions, and compliance with applicable shipping regulations are the responsibility of the customer. We are not liable for any customer shipments that do not comply with applicable laws. We are not liable for lost, delayed, stolen, or mishandled packages. We are not liable if flowers arrive in poor or unusable condition. We are not liable for improper packaging. By purchasing a product and/or service from us, you accept these risks. 

All handmade products are expected to be produced with flaws. Such flaws include but are not limited to minor scratches, surface defects, bubbling, dimensional and/or size discrepancies, discoloration, fading, ambering, unleveled layering, and small floating particles. If flowers are used in said product, such natural materials can also display flaws, such as but not limited to color change, tearing, browning, translucency, and shape deformities. By purchasing a product and/or service from us, you accept that our products have flaws. 

All custom and handmade products are one-of-a-kind and made to the best of our abilities. Photos and videos of our products, as seen on social media and our website, are examples of products that we have made in the past and are not meant to depict what you will receive. By purchasing a product and/or service from us, you accept that every single one of our products is completely unique.

All custom and handmade products are difficult to create and require expertise in the craft utilized. Design preferences and special requests provided by the client will be taken into consideration. MarinaMakesArt LLC reserves the right to exercise sole discretion in regards to product design and creation. By purchasing a product and/or service from us, you accept that we have full control over design of our products.

Products using epoxy resin are created with epoxy resin supplied by a manufacturer. MarinaMakesArt LLC will choose a high quality epoxy resin with UV resistance to create products. We are not liable for any chemical or manufacturing related issues, such as but not limited to batch discrepancies and early ambering. By purchasing a product and/or service from us, you accept that MarinaMakesArt LLC cannot and does not have access to control supplied chemical materials, such as but not limited to epoxy resin, used to create a product. Every batch of resin is expected to have slight discrepancies.

Epoxy resin will amber over time and ambering must be expected in any product containing epoxy resin. UV resistance cannot prevent ambering. How fast ambering occurs cannot be accurately predicted as it will depend on many uncontrolled factors. Those factors include, but are not limited to, manufacturer batch characteristics, UV ray exposure by client, and heat exposure by client. We will attempt to minimize any UV ray and heat exposure while the product is in our custody. By purchasing a product and/or service from us, you accept that epoxy resin will amber and MarinaMakesArt LLC cannot control how or when a product ambers. We highly recommend that you conduct independent research to understand the chemical composition and characteristics of epoxy resin prior to purchasing to ensure that expectations regarding products using epoxy resin are managed.

Online courses provided by us are not meant to serve as legal or business advice. They are intended to share techniques and materials used by us, so that other artisans may benefit from our knowledge. Online courses are not all encompassing and may contain errors or inaccuracies. Information provided in online courses are not meant to serve as a sole source of information and you must do your own research specific to your application and circumstance. We are not liable for any damages or misinformation resulting from and/or within the online courses. By purchasing an online course from us, you accept that the information presented is for entertainment purposes and do not serve as professional counsel. Results are not guaranteed by purchasing an online course, and are the sole responsibility of the purchaser. 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We have made every effort to display and describe products and services as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We are not responsible if information provided by us is not current, complete, or all encompassing. The material on this site is general information and should not be the sole source of understanding the scientific and chemical nature of the products and services provided, displayed, and/or taught. Any sole reliance on the material on this site is at your own risk. More information can be obtained by contacting MarinaMakesArt LLC and conducting your own research. 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Quality of products will be held to the standard defined by us. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Returns and refunds are not permitted for custom orders and/or online courses. Please contact MarinaMakesArt LLC to resolve any complaints or disputes.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Digital Property Rights 

All digital content, including but not limited to descriptions, photographs, online communication, product videos, online course videos, and product media, on online platforms operated by MarinaMakesArt LLC is considered property and cannot be reproduced, reused, copied, modified, published, displayed, screenshotted or posted on any site not operated by MarinaMakesArt LLC. Sharing of digital content is permitted only if MarinaMakesArt LLC is credited and promoted. Written consent is required to override this policy. 

Products and services provided by MarinaMakesArt LLC may be photographed and/or filmed on video. Photography and videography content of a product purchased and/or created for a client or online course is digital property owned by MarinaMakesArt LLC. 

When you provide photographic and videographic content of a product and/or service to MarinaMakesArt LLC, you grant MarinaMakesArt LLC a non-exclusive, irrevocable, transferable right and license to use, reproduce, and share such content to promote such Services. Any communication, including but not limited to Direct Messaging on any social media platform, messaging via Etsy, email, and/or SMS texting, may also be shared and used to promote Services. 

General Conditions 

We reserve the right to refuse service to anyone for any reason at any time.

MarinaMakesArt LLC has a zero tolerance policy for customer impropriety, abuse, harassment, and rudeness. No member of MarinaMakesArt LLC is required to serve a customer who has engaged in any of these behaviors.

You understand that this website is hosted by Squarespace, and any technical website issues are not the responsibility of MarinaMakesArt LLC. This also applies to third party providers used to complete a purchase, including but not limited to Stripe, Etsy, Affirm, Apple Pay, and/or PayPal. Any use by you of these tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The Services are not intended for and may not be used by children under the age of 16. By using the Services, you represent that you're at least 16. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf. 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using products, services, and/or this site and its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual and digital property rights or the rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Privacy Policy

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy here: www.marinamakesart.com/privacypolicy

Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall MarinaMakesArt LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless MarinaMakesArt LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Laws and Contact Information

Questions about the Terms of Service should be sent to us at marinamakesart@gmail.com.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3620 Buttonwood Drive, Titusville, FL 32796, United States.