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Terms of Service

This website (“the Website”) is owned and operated by Creative Spirit LLC (d.b.a. Silent Tree Studios).

The following Terms of Use govern your access and use of the Website. By accessing or using this Website you indicate your agreement to these Terms of Use. Please carefully read these Terms of Use and the related Privacy Policy before accessing or using this Website, as your use and access create a binding agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, do not access or use this Website. If these terms and conditions are considered an offer by Creative Spirit LLC (d.b.a. Silent Tree Studios), acceptance is expressly limited to these terms.

Site Content

Additions to Site Content

Any new products or features added to the Website will also be subject to these Terms of Use. The most current version of these Terms of Use will be available on this page. Creative Spirit LLC (d.b.a. Silent Tree Studios) reserves the right to update, change or replace any part of these Terms of Use. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of any changes constitutes acceptance of those changes.

Intellectual Property

This Website contains intellectual property owned by Creative Spirit LLC & L. Micki H. Moss (d.b.a. Silent Tree Studios), including copyrights, trademarks, and proprietary information. Creative Spirit LLC (d.b.a. Silent Tree Studios) reserves all rights in its intellectual property. You may not publish, create derivative works from, or in any way exploit any of the Site Content, in whole or in part, without the prior, express written agreement of Creative Spirit LLC & L. Micki H. Moss (d.b.a. Silent Tree Studios).

Lawful Purposes Only

You may use this Website for lawful purposes only. You will not use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms of Use.

Description of Site Offerings

Creative Spirit LLC (d.b.a. Silent Tree Studios) endeavors to describe and display the content and products shown on the Website as accurately as possible. Please do not accept that the Website is entirely accurate, current, or error free. From time to time Creative Spirit LLC (d.b.a. Silent Tree Studios) may correct errors in pricing and descriptions. Creative Spirit LLC (d.b.a. Silent Tree Studios) reserves the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.

Blog Comments (Artist Ramblings)

Creative Spirit LLC (d.b.a. Silent Tree Studios) invites comments to the blog posts. While lively commentary is welcomed, disrespectful, libelous, or false commentary is not. Creative Spirit LLC (d.b.a. Silent Tree Studios) reserves the right to remove any commentary that does not meet the standard of respectful inquiry/debate. In addition, while you retain the copyright, if any, in commentary and other content you submit to the Website, by posting material on the Website, you grant Creative Spirit LLC (d.b.a. Silent Tree Studios) a worldwide, perpetual, nonexclusive license to use the material in relation to published content on the Website and related publications.

Third-Party Links

The Website contains links to third party websites and resources. You acknowledge and agree that Creative Spirit LLC (d.b.a. Silent Tree Studios) is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. PayPal and Printful are two main Third-Party Services that the Website uses. Printful’s Terms of Service can be found here: https://www.printful.com/policies/terms-of-service

No Warranties

Creative Spirit LLC (d.b.a. Silent Tree Studios) does not guarantee, represent or warrant that your use of the site, or the products offered therein, will be uninterrupted, timely, secure or error-free. Creative Spirit LLC (d.b.a. Silent Tree Studios) does not warrant that the results that may be obtained from your use of the site, or the products offered therein, will be accurate or reliable.

You agree that from time to time Creative Spirit LLC (d.b.a. Silent Tree Studios) may remove all or some of the products offered on the Website for indefinite periods of time.

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products delivered to you through the Website are 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.

Payment

All prices are in USD (United States Dollars) and payments are to be made via PayPal.

  • I will not accept cash payment that is not USD. Any foreign currencies that are sent will be returned to the sender immediately.

Refunds

  • Refunds are available for original artwork sales, minus S&H. If you have any issues with a piece, please email me at: mickimoss@silenttreestudios.com. The painting(s) must be returned in the original condition received. Prices do not include Shipping & Handling.
  • If you are interested in commissioning me for a piece that is done in my style, please contact me at: mickimoss@silenttreestudios.com. I tend to sell my originals on Social Media, to my email list (so sign up!), and through Washington Hall Gallery (www.gilpinarts.com) in Central City, CO. All artwork will be sent with a tracking number and insurance.
  • All printed products in Creative Spirit LLC’s (d.b.a. Silent Tree Studios) shop are made and shipped with/from printful.com. Please see our policies under the Shop Policies tab on this website.
  • All printed products in my Society 6 shop (button link to my Society 6 shop is located under my website shop) follow Society 6 policies.

No Consequential Damages

To the full extent permitted by law you agree that under no circumstances shall Creative Spirit LLC (d.b.a. Silent Tree Studios) be liable (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the use, reliance on, or inability to use the Website or its products; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in the Website or its products. In no event shall Creative Spirit LLC’s cumulative liability to you exceed the total purchase price of the products you have purchased from Creative Spirit LLC (d.b.a. Silent Tree Studios).

Indemnification

You agree to defend and indemnify Creative Spirit LLC (d.b.a. Silent Tree Studios) against any and all liability, claims and losses, including third-party claims, arising out of any breach by you of these Terms of Use or any use by you of the Website or its products. You shall not settle any third party claim or waive any defense without Creative Spirit LLC’s prior written consent.

Changes to Terms and Conditions

Creative Spirit LLC 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 Website. Any use of the Website by you after being notified means you accept these amendments.

Digital Millennium Copyright Act (“DMCA”). Creative Spirit LLC respects the copyrights of others. If you see any content on the Website that you believe violates or infringes your copyright, you may submit via email a DMCA take down request. Please provide the following information: (1) The URL, and other description if necessary, to precisely locate the unauthorized material on the Website; (2) a detailed description of the copyright protected work you believe has been improperly used; (3) a URL link or other reference to the work you believe has been improperly used; (4) acknowledgements in the following forms, as required by the DMCA: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” and your signature “/s/ [fill in your name]”. Submit this in an email to: mickimoss@silenttreestudios.com.

Governing Law and Dispute Resolution

You agree that the laws of the State of Colorado, excluding its conflicts-of-law rules, shall govern these Terms of Use. You expressly agree that exclusive jurisdiction for any claim or dispute with Creative Spirit LLC (d.b.a. Silent Tree Studios), resides in the courts of the State of Colorado, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado. The exclusive venue for any such claim or action shall be, as appropriate, either the federal court or the state court located in Denver County, Colorado.

As a condition precedent to your filing any claim or action against Creative Spirit LLC, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable location in Denver County, Colorado, each party to bear its own costs. Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises.

Severability

If any term, provision, or condition of these Terms of Use is held by a court or other judicial authority to be invalid, void, or unenforceable, the rest of the Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Effect of Headings

The subject headings of the paragraphs of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement/Waiver

These Terms of Use and related Privacy Policy constitute the entire agreement between you and Creative Spirit LLC (d.b.a. Silent Tree Studios) pertaining to your use of the Website and any products offered therein. This agreement supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by Creative Spirit LLC 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 Creative Spirit LLC.

TOS Last Updated January 26th, 2021