Last modified June 2023

Terms & Conditions

Overview - please read carefully

This website is operated by Diane Howard. Throughout the site, the terms “I”, “we”, “us” and “our” refer to Diane Howard. Diane Howard 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.

These Terms of Use (the ‘Terms’) govern your use of and access to www.dianehowardart.com and any sub-domains, affiliated sites and/or pages and accounts on Instagram or Pinterest (the ‘Sites’).

Please carefully review these Terms and my Privacy Policy, which is incorporated into these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time. Any modifications will be effective immediately after being posted on this page. Your continued use of a Site following any changes means that you accept and agree to any changes. The date listed above reflects the most recent revision of these Terms.

Acceptable Use

All copyright is retained by the artist, Diane Howard. Any images on the Sites should not be resold, reused, or reproduced without the artist’s written permission.

No part of the Site may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Diane Howard’s express prior written permission.

Site content

Diane Howard exclusively owns and controls the Sites. The content on the Sites is provided for general information only and should not be considered professional advise. You should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Sites.

Every care has been taken to show all artwork as accurately as possible with regard to color and size in the images on the Sites. Image appearance may vary due to slight differences in bowsers, devices and screen settings. Any variation between the image represented and the actual artwork is not deemed a fault and such inconsistencies will not be a valid reason for returning the artwork.

Sales

I reserve the right to limit the quantities or discontinue the availability of any products or services I offer at any time. If you purchase physical goods from the Sites, my Terms, as well as my Return Policy will apply to the sales.

Third-party rights

The site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or their availability or content.

We accept no responsibility for advertising or links contained within the Sites. If you agree to purchase goods and/or services from any their party who advertises, or is mentioned, on the Sites, you do so at your own risk.

Additionally, the Sites may contain affiliate links that grant me a commission of you purchase from those sites.

Intellectual property

Unless explicitly stated otherwise, as between you and Diane Howard, Diane Howard owns all rights, title and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation, and other matters related to or included on the Sites. My name, Diane Howard, and all related names, product and service names, logos, slogans, and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product, and service names, designs and slogans on the Sites are trademarks of their respective owners and should not be used without those respective owners’ permissions. You are granted a non-exclusive, non-transferable, revocable license the access and use the Sites and the resources available for download from the Sites strictly in accordance with these Terms.

Linking to our Sites

Anyone linking to the Sites must comply with all applicable laws and must not: 1) misrepresent its relationship with Diane Howard, 2) present false or misleading information about Diane Howard, or 3) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.

User comments, feedback and other suggestions

There may be opportunities for you to post comments or content to the Sites or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Sites and that they may be able to see who has posted that User Content. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any User Content in confidence, to pay compensation for any User Content, or to respond to any User Content. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion to be unlawful, offensive, threatening, or otherwise objectionable. You agree that your User Content will not violate any right of any third-party or include any libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus and malware that could in any way affect the operation of the Sites. You may not use a false email address or otherwise mislead us as to your identity. We take no responsibility and assume no liability for any comments posted by you or any third party.

Disclaimer and limitation of liability

The Sites are provided on an “as is” and “as available” basis, without warranty of any kind. Diane Howard, together with its affiliates, licensors, service providers, employees, interns, agents, contractors, suppliers, or service providers (the “Released Parties”), specifically disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. The Released Parties do not guarantee the reliability, accuracy completeness, safety, timeliness, legality, usefulness, adequacy, or suitability of any of the information or content on the Sites. Accordingly, you agree to exercise caution, discretion, and common sense when using the Sites. The entire risk for use of the Sites and/or related services is borne by you.

To the maximum extent permitted by applicable law, in no event shall the Released Parties 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.

Questions and concerns:

This website is owned and operated by Diane Howard Art. Our mailing address is 8346 25th Ave NW, Seattle WA 98117.

If you have any questions, concerns, or complaints regarding these Terms, you can send an email to diane@dianehowardart.com.