Girard Illustration's Terms,Conditions, and Policies
Let’s be as clear and straight forward as possible about how I roll, and what is expected of you in return.
• • •
The terms "I", "we", "us", "our", "me", “my” "seller", "here", "artist", “illustrator” and "Kristen" refers to Kristen Girard and Girard Illustration. The terms “site” and “website” (the “Site”) refers to girardillustration.com and all online properties connected with and/or owned by Kristen Girard and/or Girard Illustration.
The terms "you", "your", "client", “user”, and "customer" refers to site visitors, customers, and any other users of this site or associated social media channels no matter what dimension you may be stopping by to visit from. Hopefully it’s one where dinosaurs still roam and with lots of delicious dark chocolate! ;)
Girard Illustration provides a website where users can read articles on art, overcoming obstacles in life, spirituality, reconnecting with nature, and enjoying who you are, and also provides services where users may purchase online classes, workshops, subscriptions and products related to and including art, home decor, and spiritual discovery (the “Service”).
Use of girardillustration.com, including all materials presented herein and all online services provided by Kristen Girard and/or Girard Illustration (“Girard Illustration”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site & Service
The essential ground rules for playing at this playground.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site without the express written permission of their parents or legal guardians. If you are under 18, and don’t have your parents permission to hang out here, go check out the nearest science museum instead and make friends with a dinosaur or two and tell them I said, “Hi!”.
Information provided on the Site and in the Service related to art, spirituality, inner well being and other information are subject to change. Girard Illustration makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Girard Illustration disclaims all liability for any inaccuracy, error or incompleteness in the Content.
Intellectual Property Policy
All artwork and text on this site and associated social media channels are copyrighted by Kristen Girard*.
Artwork and stories are intellectual property.
I, Kristen Girard, reserve all rights to my art and stories.
I respect your copyrights, please respect mine.
This means that my artwork and stories may never be used without my prior express written permission.
All content provided on the Site and in the Service, including all products and all online class and workshop materials are the intellectual property of Kristen Girard of Girard Illustration. The content of the Site and Service are protected by United States trademark, trade dress and copyright law.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever, any of the content of this website, services, newsletters, blogs or associated social media channels, in whole or in part without my prior written consent.
You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. I reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
In layman’s terms, please don’t steal any of my content and reposition it to sell as your own. That’s just wrong, lazy, and bad karma creating… and makes you eligible for a nasty death by a pack of hungry compys a la Jurassic Park Lost World.
For use of text or images in print, digital, video or audio, or any other media, or any commercial licensing rights, please email me for permission at email@example.com.
However, I would love you to spread the word about my art and stories. I appreciate your good vibes.
If you would like to share content from my website, or any of my social media channels, you have my permission as long as you abide by the following guidelines:
• Please use no more than a single paragraph and/or one image on your educational or non-commercial blog, website, or Facebook, Pinterest, Instagram, Tumbler or other social media page.
• You must give me credit as © by Kristen Girard or Image Copyrighted by Kristen Girard.
• You must provide a link back to the original page on my website http://www.girardillustration.com.
• Students and teachers can quote two or three images and/or up to one page of text for their non-commercial school activity, as long as credit is given.
• It's also okay to do an artistic copy of my paintings as a study exercise without asking permission, however the copies may not be sold, distributed, or given away, and are for your personal educational use only.
Any use beyond that listed above is not authorized without prior written consent. If you would like to obtain consent and/or purchase licensing rights, please email me at firstname.lastname@example.org.
Purchase of any original artwork, print, product or service from Girard Illustration, or anywhere else my lovely products and services are sold, does not in any way, shape or form transfer any of the copyrights, or associated licensing rights, to the customer, their friends, family, pets, or any other entity, including imaginary friends and/or family ghosts.
It is uncool, icky, and nasty to use any photographs, artwork, writing, or any other creation under the sun without permission.
* Guest bloggers, and creators of referenced content, of course, retain their own copyrights.
P.S. If you would like to learn about copyrights and how they work check out the following links:
• The United States Copyright office is the place go to place to go for everything copyright at www.copyright.gov.
• The Graphic Artists Guild has put together some wonderful resources for learning about copyrights at www.graphicartistsguild.org.
• Visual arts lawyer Kiffanie Stahle of the Artist's J.D. has put together some fantastic resources on her website www.theartistsjd.com.
We hate Spam, too, and will never Spam you.
Spamming is beyond annoying, no matter where it is coming from.
If you wish to unsubscribe from any of our mailing lists, you are free to do so at anytime by clicking on the unsubscribe link included at the bottom of our emails. If you are signed up for more than one of our mailing lists, or with more than one email address, you will have to unsubscribe from each list separately.
You are forbidden from using this site or any other social media channels, email channels or anything else associated with Girard Illustration to obtain, or collect, any information at all about our customers and subscribers. Spamming is illegal, and spammers are not permitted anywhere near our site, services and products, and will prosecuted to the fullest extent of the law.
Seriously, spammers should exiled to places with no chocolate, cats, wine, or sunshine.
Terms of Honesty & Being an Upstanding Citizen
We respect you, please respect us in return.
We only want to work and play with the real “you”.
We like good karma, and do not tolerate people spreading bad karma around.
In other words, don’t impersonate someone else.
And play nice.
The information you provide us must be accurate and up to date. If we discover that you are presenting inaccurate or unlawful information, you are banned from using our site, our services, and/or purchasing our products.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information.
You agree that any registration information you give to Girard Illustration will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. This is super duper important, and if we catch you doing it, we will send hungry velociraptors after you, or at least not so friendly law enforcement officers.
Cool people are honest and trustworthy, so let’s be cool.
By using our site, including our third party partner’s sites, you agree to be financially responsible for all purchases made by you, and/or someone acting on your behalf.
We offer products/services for sale on this site using a secure third-party shopping cart. To avoid learning your credit card information, we’ve partnered with Stripe, Square and PayPal, to securely process payment. As such, we never learn or store your credit card information. These providers share your name, address, and email with us so that your order can be processed.
If you choose to save your credit card information on this website - only the afore mentioned payment processors can see it. On this website our default payment gateway is Stripe. They do not share your credit card info with us, and we cannot view your account on this website - it is for your eyes only.
If you purchase directly from our Girard Illustration studio or through our website http//: www.girardillustration.com, we will email you to confirm your order and with essential details concerning the delivery of our products and/or services.
In Person and Phone Order Sales
Stripe, Square or PayPal may be used for in person and phone order sales depending on both the customer’s preference and seller’s convenience.
When purchasing directly from www.girardillustration.com payments are processed only through Stripe.
If you order one of our products through a third party partner, like RedBubble or Printful, they take care of your order from start to finish including confirmation, shipping and returns.
We do our best to display our services and products as clearly and accurately as possible, but despite our best efforts errors can occur. We will correct them as soon as we see them, but occasionally Little Dude, the studio cat, slips up on his studio assistant duties, and fails to alert us that there is a problem. Please take into consideration that the site may not be entirely accurate, current or error free.
We reserve the right to correct our errors in pricing, description, or anything else, on our site and social media channels. We reserve the right to refuse or cancel any order with an incorrect price or shipping listing. We reserve the right to modify, change or discontinue our products and services, and associated prices, without notice at any time.
Color can be a tough cookie to crumble. We strive to represent all our products accurately, however all digital screens including computers, tablets, and cell phones, can each show color very differently.
We highly recommend not matching color to what you see on your screen.
Things to expect you place an order.
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please. We would never, ever, want to leave you hanging (that can get uncomfortable after awhile!).
Also, check your SPAM or Promotions folder - they like to hide good stuff. And while you are at it, add us to your contacts list so you don’t miss our emails. If you suspect that something is off - like you didn't get your confirmation email, let us know right away via the contact form you can find by clicking here.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
If you have submitted a deposit or payment in full for a service, Girard Illustration has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.
We want nothing but the best for you, but that can take some time.
We don’t settle for lackluster work, and insist on making beautiful goods, excellently crafted with superior materials, because, quite frankly, we think you are worth the time and effort.
To bring you that level of craftsmanship, it can take between three and four weeks before our products are ready to ship.
Please plan accordingly.
Occasionally our suppliers of framing materials, fine art printing papers, ink suppliers, and art suppliers change what materials they have available. Because we cannot control those variables, we may need to make substitutions on your order. In order to maintain a high level of quality and craftsmanship, we reserve the right to change framing materials, fine art printing paper, ink, or any other material that may be used in the production, shipping and/or creation of any of our products or services, at anytime. Whenever possible substituted materials will be of equal or greater quality. All substituted materials will be chosen and approved by the artist.
Our main concern is that the end product arrives on your doorstep ready to look amazing for years to come.
By purchasing our products and/or services you agree to abide by any substitutions of equal or greater value we deem appropriate in order to fulfill your order in accordance with our high standards of craftsmanship and quality.
We do everything we can to make sure your goods arrive in gorgeous shape and ready to "shine". You will be emailed a tracking number and shipping confirmation notice so that you know your goods are headed your way, and can keep track of their progress. Because we are shipping quality artwork, you will want to make sure that someone is available to sign for the package, and have someone looking out for your package to bring it inside in case of inclement weather. Our packaging is very sturdy, but a downpour can be trying for even the toughest packaging.
Usually we only ship on Tuesdays and Thursdays. At our discretion we may ship more often during the holidays, but that is subject to change.
In Case of Rain
Why does it rain every time someone is moving - or is expecting some gorgeous art and story treasures?
We haven't solved that one, yet, but we do have a plan to make sure your artwork and prints stay dry and lovely.
If your package does arrive a bit damp, towel any visible moisture off the outer packaging and allow it to dry for a bit before opening. This may sound counter intuitive, but our artwork is shipped with several independent layers of packaging, and allowing each layer to dry in turn, should ensure that no moisture makes it to the art.
If Artwork is Damaged During Shipping
Despite the strongest of precautions, occasionally an artwork may be damaged in shipping. (We really wish we had a magic wand – and could make the artwork appear right where you want it – beautifully hung, of course! :) – unfortunately that delightful technology is still a ways off, and we have to make do with the intricacies of the often mysterious postal systems.
Here's what to do:
Don't open any visibly damaged packaging, or any package that is rattling/ tinkling/ or otherwise making odd sounds that artwork just shouldn't make, until we have had a chance to talk.
Dirt and smudge marks happen, despite the magic clean fairy dust we wish we had to keep everything sparkly, and don't necessarily indicate damage – unless it's shaped suspiciously like a shoe print, which would be worrisome indeed.
If you see damage such as punctures or large gashes, do not open the box until you hear from us. Take pictures.
If damage during shipment happens please email us right away at email@example.com or click here to contact us.
We will get back to you with 1-2 business days to bring the joy back.
If we happen to be out on an art and story inspiration gathering adventure, it may take a little longer for us to get back to you (usually because the great outdoors can be a hard place to find the internet or even cell service - one of its perks and negatives all wrapped into one), but we do absolutely value you – and we will get in touch with you as soon as our feet step into the studio!
Take a picture (lots of pictures is even better!) of the condition the package arrived in, and from as many angles as possible.
If everything had looked okay, and then you realized there was damage as you opened the box, take pictures and save all the packaging, please. We take great pride in our artwork packaging, and if something went wrong, we want to make sure it will never happen again.
A return slip and instructions are included with all our original art and limited edition products, but if there is marked visible damage on the package, or you can hear rattling, do not open the package. We will email you a return slip and further instructions so you can ship the package right back to us, without having to open it.
In some cases, particularly for cases of damage to original artwork, a representative from the shipping company we use may need to inspect the shipping box, packaging, and contents. If this needs to happen, we will be in contact with you.
Refunds, Returns, Cancellations & Exchanges
We love printing Kristen’s artwork on quality clothing made in the USA whenever possible.
However each garment, from tee shirts to socks and more, is printed for you on demand. This means that each garment is more than a little bit special, because it would not exist without you! It also means that at this time we cannot do any refunds, returns, or exchanges for clothing purchases. :(
Please check the sizing charts we include on each clothing product's page to be sure that it is the perfect size for you (or the very lucky person you are gifting it to)! At this time we unfortunately cannot do refunds, returns, or exchanges for clothing purchases that are not the correct size.
That said, if there is a defect, or your clothing was damaged during shipping, we certainly want to know so that a brand new, beautiful, and absolutely amazing version can be sent your way!
In the unlikely case of defect or damage that sneaked past our quality control, please contact us by emailing us directly at firstname.lastname@example.org or better yet, simply click here to let us know what happened so we can make it right.
Commissioned artwork sales are final, and subject to the individual contracts they were commissioned under.
Consults, Speaking Events and/or Workshops
Consults, speaking events, and/or workshops are subject to the individual contracts they were arranged under.
Any consulting fees or workshop charges are non-refundable within five business days prior to the event or meeting.
Within five business days of the event or meeting, sales are considered final. Travel and accommodation expenses are considered final and are non-refundable once the travel has been scheduled.
All sales of digital products are final due to the nature of downloadable digital files and your irrevocable access to them once they have been delivered.
Digital products may not be shared or distributed. Did you know that’s actually theft of intellectual property? If not, you do now. And now that you know that, know that I take theft of intellectual property very seriously and will send the proverbial hounds after you to the fullest extent of the law if you decide to take to a life of crime.
If you’re on the fence about whether or not something would be a good fit for you, absolutely email us to email@example.com anytime and ask all the questions you’d like, and then spend an indulgent evening drinking delicious tea and eating cupcakes with lots of frosting while you read the blog, first, to make sure you & Girard Illustration = riding into the sunset like a goddess on a unicorn.
Pre-order items are 100% refundable up and until 8am EST on the product ship date, so feel free to go wild like a Clydesdale draft horse in knee high grass.
If you’ve signed up for a subscription with us, the subscription renews automatically and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during introductory period) at the interval specified at the time of purchase. Prices may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
Usually our subscriptions ship the first Tuesday or Thursday of the month, but that may change from time to time because of holidays, weather, or in case of illness. In those cases we will ship as close to the first week of the month as we can. Be aware that sometimes the subscription shipments may be delayed in transit due to the postal carriers being closed to observe the holidays.
If you’d like to cancel your monthly art membership subscription, you may do so anytime by either logging into your Customer account and making the change yourself or by sending me a digital smoke signal via an email request to firstname.lastname@example.org, and you will not be charged effective the following billing period; however, no refunds for the current or past months will be given. (Note: requests for cancellation of art subscriptions will be processed on the next business day, not on the next scheduled billing date.) Please note that we are not mind readers (not yet anyways though it is a cool super power we have often wished for) and that you need to tell us what subscription you would like us to cancel in your email request, or choose the specific subscription you would like to cancel in your Customer account.
Hurray! Gift cards!
Girard Illustration gift cards don't expire, but why wait when there are so many great art + story treasures ready to make your home comfy and warm?
The dragons in the accounting office have said that is it isn't possible to refund a gift card at this time, no matter how many golden eggs we give them.
When using a Girard Illustration gift card as payment for beautifully inspired art + story treasures, the full value of the gift card is always applied first to the order. At this time it isn’t possible to partially redeem a gift card, unless the order total is less than the gift card balance. Orders can be split between a gift card and a credit card if the order total exceeds the value remaining on the gift card. Once the gift cards funds are used, then payment on the remaining balance can be made using standard payment methods.
Sales pricing and discount codes can’t be applied to purchasing a gift card, again, the dragons in the accounting office said so, and their breathe is very hot and fiery (and smells like cinnamon mixed with nutmeg and woodsmoke). However, any applicable discounts will apply to orders made using a gift card.
One small quirk of our system is that you can't buy multiple gift cards at once, you have to purchase the gift cards one at a time. We asked the dragons to change this, but they growled and mumbled something we didn't stay long enough to get crispy over. If you would like to purchase more than one gift card, simply go through the Art & Stores Shop and make a purchase for each one.
If you need to check your gift card balance after entering the gift card code at checkout, you'll see the remaining balance, if there is any.
Home and Office Decor Goods
It is an absolute pleasure to be able to give you the opportunity to decorate your home, office, or simply thoughtful give gifts that feature Kristen of Girard Illustration's naturally spirited art.
However, each home decor product, from pillows, to wall murals to mugs and more!, is printed for you on demand. This means that each home decor product is quite special, because it would simply not exist without you! It also means that at this time we cannot do any refunds, returns, or exchanges for home and office decor purchases. :(
Please double check the dimensions and product description, before placing your order, to be sure that what you order is just the right thing you had in mind for your home (or the very lucky person you are gifting it to)! At this time we unfortunately cannot do refunds, returns, or exchanges for home and office decor products because of the special way they are made.
That said, if there is a defect, or your home and/or office decor was damaged during shipping, we certainly want to know so that a brand new, beautiful, and absolutely perfect version can be sent your way!
In the unlikely case of defect or damage that sneaked past our quality control, please contact us by emailing us directly at email@example.com or better yet, simply click here to let us know what happened so we can make it right.
Original Artwork, Limited Edition Prints and/or Open Edition Prints
At Girard Illustration we only want our artwork to live at loving homes, if for any reason, you are dissatisfied with your purchase of original artwork, limited edition prints, or open edition prints, please email kristen@girardillustration to request a refund and arrange for a return of goods. Commissioned artworks, while they are original artworks, are considered to be distinct in their own special category. Please see above for our policy on commissioned art.
Refunds and exchanges are only good for 30 days from the artwork or print’s ship date. After 30 days, all sales are considered final. The dragons in the accounting office are firm on this.
Artwork must be shipped back to Girard Illustration in the packaging it arrived in, using the return label provided, and in accordance with the return directions. Refunds will not be issued until goods have been returned.
In order to be eligible for a refund the undamaged goods must be returned to Girard Illustration and arrive in “like new” condition to Girard Illustration. If you have questions about repackaging the artwork for safe return, it is your responsibility to contact us prior to repackaging the artwork and shipping it. Artwork damaged by you, accidents, or as a result of poor or negligent packaging practices is not eligible for returns or refunds. Girard Illustration reserves the rights to assess the origin(s) and cause(s) of damage(s) and to rule on whether or not a full or partial or any refund is appropriate under the circumstances.
An original receipt with the purchase price of the artwork must be provided by the customer in order to be eligible for a refund.
If no original receipt for the artwork can be provided, a refund cannot be issued. In that event, an exchange for an item of the same size and value may be made as long as the returned item is undamaged, in "like new" condition, and there is no indication of foul play or illegal acts. Damaged goods cannot be refunded or exchanged. (Please see above for what we do if artwork is damaged during shipping on the way to the customer’s shipping address.)
Shipping charges are non-refundable.
If your refund is approved, then your refund will be processed and a credit will applied to your credit card or other original method of payment. We may need to contact you to make this happen, because we do not store your financial information. Please allow ten (10) to fifteen (15) business days for a refund to finish processing and appear in the appropriate accounts.
Third Party Partners & Resources
We aim to work only with trusted, reliable, and secure third party partners.
Sometimes we will provide links to third party products or services on our website.
The Site and the Service contain links to third party websites and resources. These third party sites have their own independent and entirely separate terms and policies. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources.
We aim to send you only to good places, but bare no responsibility or liability for content or activities of linked sites or third party partners. Links to such websites or resources do not imply any endorsement by or affiliation with Girard Illustration. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
We do want to make sure you have excellent experiences with our site, services, and wish to protect the integrity of our website. We welcome your feedback. You may contact us by email at firstname.lastname@example.org.
I love to point you in the direction of good things I believe in.
Sometimes I will link to great things I have discovered, which are just regular old links.
Other times I will link to places that, if you click them and purchase, I might get a commission in exchange, which is a nice thank you to me from those companies for telling you about them. I only recommend things I love, can truly stand behind, and that you might both really like and find as amazing as I do, too.
In the meantime, I only recommending things that I think are helpful, simply enjoyable, or fascinating, and not because of any kickbacks. That’s just some nice pin money to fund my dinosaur museum tour! Everybody should have a go visit the dinosaurs fund, don’t you think?
I will always tell you if a link is an affiliate or sponsored link. If there is no statement saying that a link is an affiliate or sponsored link, then it is just a regular link to a website or service I liked, and thought you might find of interest, but are receiving no compensation for, in any way.
Comments, Feedback and Other Submissions
Let’s spread nothing but good vibes.
If, with or without a request from us, you send any sort of ideas, comments, suggestions or other assorted materials, you agree that we can use, or not use, the materials in any way we deem appropriate. We will have no obligation to respond to you, compensate you, or to keep the material in confidence.
We are always working on new ideas and projects, and many of them we don’t show to the world for years simply because we are either working on other ideas for awhile, or because we don’t feel the world is quite ready to see them, yet. In any case, we take great pride in the strength and originality of our ideas, and some of them we have literally been working on for decades (that kind of hurts to admit because that means that Little Dude the cat and I are getting …. old…er, sigh). So, if you submit or make known to us in any form an idea that happens to appear be similar to one of ours, it is merely and truly a coincidence. By using our Site and Services and/or submitting materials, you acknowledge that sometimes great minds think alike and claim no ownership or rights to anything that Kristen Girard and/or Girard Illustration has created in the past, creates now, or will create in the future.
Girard Illustration does not claim ownership of Material you supply to Girard Illustration. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Girard Illustration to use and distribute the posted Material in connection with Girard Illustration’s website and any related Girard Illustration publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to Girard Illustration, you agree to hold Girard Illustration harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. In other words, be a truly good person and think about the energy you are sending our into the world before you post.
You shall not upload, post or otherwise make available on the Site any artwork, photos, stories, musings or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Girard Illustration from any claim against Girard Illustration resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
All submissions are filtered before being displayed. If we deem a submission spam, defamatory, offensive, obscene, libelous, or infringing on others' intellectual property, we will not post them. If your submission is removed or not posted for any of these reasons, we will contact you via the email address or social media channel provided in your comment to notify you of the removal. Commenters whose comments require manual removal two times will be blocked from further commenting and will be notified that submissions from them will no longer be considered.
Girard Illustration reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
By visiting our site or our other social media channels you agree not spread malware or any other virus, bot or any other kind of icky digital plague. You also agree not do anything shady or illegal.
We appreciate you being an upstanding citizen of the world.
Hackers working for the dark side sometimes win the battle for cyber security, unfortunately.
Nobody is safe from the hackers of not-so-good and evil intent.
We do our best to combat them to keep your information safe, but one day we might lose the battle. If there is a security breach and the dark side starts to cry victory, we will notify you as soon as possible. When we have a strategic battle plan in place, we will let you know what actions we are taking to win back the day, and help the forces of light and law enforcement prevail.
Limitations of Liability
We do our best to make sure you have great experiences with our services and products...
…however, occasionally life happens and chaos reigns supreme despite our best efforts and precautions and counting of butterflies flapping their wings in Central Park.
By visiting our site, social media channels, using our services or purchasing our products, you agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service including social media channels, using our services or purchasing and/or using our products.
Additionally, Girard Illustration is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Girard Illustration has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Girard Illustration’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Girard Illustration, and if no purchase has been made by you Girard Illustration’s cumulative liability to you shall not exceed $100.
You also agree that we are not liable for any third party shenanigans, of any sort, including theft of personal information or property destruction.
Advice and General Knowledge Disclaimer
Sometimes we share opinions, knowledge, and personal experiences we have gained over the years.
By visiting our site, social media channels, using our services, or purchasing our products, you agree that though we are very good at what we do, we are not experts in the fields of medicine, business, law, psychology or anything else.
We make no promises of wealth, fame or health. By using our services and/or products you agree that we bare no liability for your, and anyone connected with you, health, wealth, fame or luck of any kind.
We are not a doctors, nurses or medical practitioners, of any kind. Anything we publish or post does not constitute as medical advice in any way, shape or form. If you have questions or concerns about diabetes, or other health issues, its care, and overall management, please consult your medical team.
We are not financial experts of any kind.
We are not business experts of any kind.
We are not psychological experts of any kind.
We are definitely not law experts of any kind.
We also are definitely not fitness experts of any kind.
We are good at eating chocolate, but definitely are not chocolatiers of any kind.
We are also not genies.
We often think of what it would be like to be a dinosaur, or a dragon, or a whale... but we are not any of those things either, unfortunately. :(
We make art and write stories to the best of our ability, and do our best to show our art and stories to the world. :)
As part of that process we are happy to share our trials and tribulations, but make no promises that what we do will work for you, your business, or anyone, or anything, associated with you, in any way, shape or form.
Refusal of Service Policy
Matches Not Made in Heaven
This is necessary in case a pack of hungry velociraptors decide to stop by the studio.
Sometimes things are just not going to work out, no matter how much one, or both parties, might want them to. Girard Illustration reserves the right to refuse service to any order, person or entity without an obligation to explain why.
Girard Illustration reserves the right to limit the number of participants in any given online class, workshop or subscription service. Girard Illustration may at any time change or discontinue any aspect or feature of the Site or Service.
Violation of Our Terms or Policies
If you create bad vibes, you are not welcome here.
Violating any of the terms of service or policies means that bad karma is headed your way.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. That wouldn’t be good, and tends to make the dragons really annoyed - and we don’t want them annoyed!
Violating any of Girard Illustration's terms of service or policies also means that you no longer have permission to hang out with the cool kids at www.girardillustration.com or any of our social media outlets.
That way we can stay in contact, otherwise we’ll have to part ways.
Anyone violating any of Girard Illustrations terms of service or policies is banned from using any of our services and will be prosecuted to the fullest extent allowable by law.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Girard Illustration shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Girard Illustration.
Choice of Law
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in the State of New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the State of New York.
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Fort Edward, NY 12828
Updates + Date Last Updated
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Our current policies will be posted on this page.
The last update was: January 15th, 2019 and is the current effective date of these Terms and Conditions.
If there are general questions about our services or questions about the above policies, terms or conditions, or other reasons (not including notices, requests or demands) here is how you may contact us by...
The above email and contact form link is for casual communications only and is provided for your convenience in case you seek quick clarification on something.
Fort Edward, NY 12828