Terms and Conditions

Last updated: August 16, 2023

 

Collect Sunshine (referred to as “Collect Sunshine,” “we,” “us,” “our,” “artist,” “designer,” or “owner”) is an online art store that offers original art, prints and digital art downloads and creative services. We provide these products and services and the website (www.collectsunshine.com) subject to the user’s (referred to as “user,” “client,” “customer,” “buyer,” “member,” “collector,” “you,” “ your”) compliance with all the terms, conditions and notices contained or references herein.

We host our site on a reputable platform (www.squarespace.com) and take reasonable efforts to maintain the site however, we make no explicit representations or warranties as to the safety or your individual use of the website. These Terms and Conditions ("Terms") contained on this page are subject to change at any time and without notice.

These Terms and Conditions constitute a binding agreement between you and Collect Sunshine. By using this website and/or engaging us, you certify that you understand, agree, and accept the Terms and Conditions. By using our website, you agree that all actions taken by men and women are by their own free will and choice. If you do not agree to these Terms and Conditions, you must not access or use the Website.

Before every purchase you will see a checkbox pop-up with information. By clicking on the button marked “I accept” user signifies his/her agreement to abide by the Terms and Conditions (Acceptance). User agrees that his/her assent, given electronically will have the same lawfully binding effect as if it had been personally signed by the User. To the extent permitted by law, these Terms and Conditions are intended to supersede any provisions of applicable law which might otherwise limit their enforceability or effect because they were entered into electronically.

 

Terminology

Services - means the entirety of the public website and their entire contents, concepts, program interfaces, structures, features, and functionality, including, but not limited to, all information, files, computer code, published materials, electronic documents, software, text, displays, images, video and audio, the design, selection, and arrangement thereof of any documentation pertaining to the foregoing, and other technology inherent to our website located at www.collectsunshine.com

Artwork – Artwork refers to all digital art, digital products, original art, paintings, prints and commissions available on www.collectsunshine.com that we created.

 

Website Access, Disclaimer & No Warranty

You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service, policy, pricing, product, or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. The owner in their sole discretion reserves the right to choose their clients and customers and refuse services to anyone without notice or an explanation.

Your use of this website constitutes your acceptance of all of our policies. It is your responsibility to regularly check the website, for any updates. This document is made publicly available via https://collectsunshine.com/terms

You agree to indemnify and hold us harmless for any direct or indirect loss incurred because of your use of www.collectsunshine.com including technological failures such as a payment processor error(s) or system failure(s).

You expressly acknowledge and understand that any information or knowledge you gain from your use of this website is used at your own risk. We do not guarantee certain results or outcomes on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained on the Website or any other statements anywhere on this website. You are solely responsible for any actions or omissions you choose to make as a result of using our website and purchasing our services or products.

We do not guarantee that all content contained herein are entirely accurate, complete, or up to date. If you would like to inform us of any errors or omissions on this Website, you may let us know by sending us a message through our contact page.

You agree that your use of the website or items obtained through the website is at your own risk. The website is provided on an “as is” and “as available” basis, without any promises of any kind, either express or implied. Neither Collect Sunshine nor any person associated with us makes any promise, warranty, or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither Collect Sunshine nor anyone associated with Collect Sunshine promises, represents, or warrants that the website or items obtained through the website, nor any portion thereof, will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the website or the server that makes them available are free of viruses or other harmful components, or that the website or items obtained through the website will otherwise meet your needs or expectations. Collect Sunshine hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, any warranties of merchantability, non-infringement, and fitness for a particular purpose.

 

Website User Age and Data Submissions

All users of this website must be at least 18 years of age, or, as applicable, the age of majority in the country, state, or other jurisdiction in which the user has their domicile and possesses the right and ability to enter binding contracts. If you become aware that anyone under the age of majority has submitted their data to us, please contact us to arrange deletion of that data.

Confidential and Sensitive Information

We request that you do not send us confidential and sensitive information through email, through the phone or our contact page or any other method. Confidential and sensitive information includes but is not limited to social security number, any personal health information, or information related to your ethnic origin, religious beliefs, or criminal history. If you do send us this data then you agree that you do so at your own risk and we are not responsible for anything that may happen with your confidential and sensitive information including any breaches of privacy or any loss, harm or damages you experience as a result.


Enforcement and Termination

We have the right, but not the obligation, to review any submissions we receive from users through our website, email and social media accounts. Any unlawful or unauthorized use of the website or for any submissions we receive through email, social media or the website that we deem to be harmful, inappropriate, or unlawful is subject to criminal prosecution.

We cannot ensure prompt removal of objectionable material after it has been posted on our website or social media accounts as we do not undertake to review all submission. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

We may in our sole discretion, immediately terminate your use of this Website and any related communications as deemed appropriate if you breach of these Terms and Conditions. We reserve the right to revoke website access to any user at any time and without notice by blocking your IP address from further visits to our site(s).

 

Intellectual Property Notice and Artwork Ownership

All products and services are the intellectual property of the website owner, any and or all unauthorized use of any of the products and or services will be considered theft and subject to criminal prosecution.

All content on this website (images, text, designs, information, graphics) is the property of the website site owner, or the attributed party. It is prohibited to make modifications to content contained on this website and a violation to use any of our intellectual property in its entirety or in part.

The images, artwork, and contents of this shop www.collectsunshine.com may not be copied, collected, or used for personal or professional gain without written permission from the artist. The customer/buyer does not have permission to resell artwork from the shop. All rights are reserved by the artist. All artwork is the sole property of the artist even after purchase. User/customer agrees to pay penalties and damages to the artist if they violate these Terms and Conditions and proceed with unauthorized usage of our artwork without written permission from the artist.

All sales of original art and digital products are final and non-refundable and cancellations, exchanges, returns, and refunds are not available.

The intellectual property rights for any original art, digital products, illustrations, or graphics we create remain the property of the artist unless express permission is given in writing that the rights should pass to the client. Reproduction or issue to third parties in any form is not permitted without our written consent.

Rights to Artwork

The artist retains all rights to all artwork the artist creates. This includes the rights to the image of sold and commissioned original paintings. The artist retains the right to make reproductions of all their artwork unless the collector has also purchased the full or partial rights to the artwork. To discuss purchasing the rights please use our contact page. The collector or buyer may not reproduce the artwork in any way without written permission. When you purchase an original painting you, the collector, have the right to display the artwork in your home or business but the artwork may not be resold or reproduced without the written permission of the artist.

Fine Art Digital Downloads

For our extra-large, premium-quality, fine are digital downloads you will receive one digital file and the permissions of use are as follows.

  • The file can only be printed through a fine art printing service (see recommended services below)

  • 1-2 small test prints may be produced for color and quality proofing and approval at the printing service

  • 1 final fine art print may be produced on paper or canvas up to the size provided or smaller

  • You may crop the file to a different dimension than the original

  • The customer must delete the file after the final print is produced

  • You may display the art print in your home or office

 

Fine Art Printing Services for Digital Downloads

By purchasing our fine art digital downloads you agree to print your art through a fine art printing service. Below is a list of print vendors that offer fine art printing (Giclée) and you may look up which company offers fine art printing in your area. We are not affiliated with any of the companies, these are just recommended fine art printers you may choose from. You may also find other fine art printers that offer giclée printing to print your fine art digital download.

  • finerworks.com

  • pictorem.com

  • posterjack.com

  • mpix.com

  • henrysphotocentre.com

  • theprintspace.co.uk

  • beyondprint.eu

Online fine art print services have tools to help resize art. When you choose the fine art service, you may upload the digital file to print the dimensions you need. You may also position the image to emphasize the area you want printed for the size and dimensions you choose. You agree not to scale the art up larger than the size of the digital download.

We are not responsible for the quality of the print. It is your responsibility to work with the fine art printer to get your print produced. For technical questions about printing, contact the print service support team for assistance. We recommend printing art on a heavyweight premium archival fine art paper with a slight texture for best results or high-quality canvas. Save your digital download file on your computer immediately after purchase.

Important: You may not use any print-on-demand website services to print any of our art, see our section about Strictly Prohibited Uses of Artwork and Limitations. You are not permitted to use, edit or make changes to reproduce, share or distribute our digital download artwork or print them as a tangible item for commercial use or resale.

 

Strictly Prohibited Uses of Artwork and Limitations:

Use of digital artwork, prints, original art or commissioned art from www.collectsunshine.com for any purpose other than what is listed in these Terms and Conditions is prohibited. Any of our art cannot be reproduced, distributed, shared, emailed, modified, or re-sold.

Prohibited uses of our artwork include but are not limited to the following:

  • Digital Distribution: Using any of our artwork to create any type of digital, non-tangible, NFT, or digitally distributable product for commercial use is strictly prohibited. Digital products include but are not limited to, designs, social media images, online advertisement, website elements, online and mobile applications, wallpapers for mobile devices or computers or tablets, digital publications like online newspapers and magazines, digital papers, etc. is not permitted.

  • Original Paintings: Reselling any artwork from our website is prohibited. By purchasing original art from the website, you are permitted to only display the art in your home or office. Creating reproductions of any kind and reselling or distributing the artwork in any manner is not permitted.

  • Print-On-Demand Services: Any use of the artwork that allows others, such as an end user, to customize a digital or physical end-product using the artwork is prohibited, whether for commercial or personal use. You are not permitted to send the artwork to “print-on-demand” or “made to order” services and applications and websites, including but not limited to companies like: Redbubble, Society6, Zazzle, Spoonflower, and all websites, applications, or services with similar business models.

  • Intellectual Property: You agree not to claim any artwork from this website as your own intellectual property. You are not permitted to and shall not seek to register or claim ownership to any of our artwork.

  • Resale or Sub-Licensing the artwork or any modification of it in original form or source file format is strictly prohibited. Resale or Sub-Licensing of the artwork or any modification of it in a way that is directly competitive with the original artwork is strictly prohibited.

  • Wholesalers and Intermediaries Prohibited: Using the artwork for the manufacturing and wholesale distribution of wall art, textiles, or raw materials, for sale to other businesses or individuals for their subsequent manufacturing into final products, is strictly prohibited.

  • Making public or sharing the artwork in any way that allows others to download, screenshot, extract, or redistribute the artwork as a standalone file in its original form is strictly prohibited. To clarify, an example of such prohibited usage would be to share or post the art in its original form, without watermarks, on social media, websites, or as part of an online advertisement for any commercial or non-commercial purpose.

  • Social Media: Sharing or posting the artwork on social media accounts, websites, applications, and other websites in their original form at any resolution is strictly prohibited. You may only take a picture of the art framed in your home or office and share the picture on social media.

  • Falsely representing authorship and/or ownership of the digital or original artwork is strictly prohibited.

If you are still unsure of how the art can be used, send us a message through our contact page and we will clarify.

 

Penalties for Unauthorized Usage of Art

When you purchase digital art from www.collectsunshine.com you are only permitted to print the art once on your home printer or at a fine art print shop to place the art on display in your home or office. You are also permitted to run one test print before your final size print is ordered. When you purchase original art from www.collectsunshine.com the license only permits you to display the art in your home or office.

Any art that is purchased from www.collectsunshine.com whether it is a digital download, a print, commission or original art cannot be reproduced, distributed, shared, emailed, modified, re-sold or used for personal or professional gain. If any man or woman obtains or purchases art from our store and proceeds with reselling or distributing it without permission, you agree to disclose all earnings from reselling the art to the artist and all the ways the files and art were distributed and to how many men and women.

By violating these Terms and Conditions and proceeding with unauthorized usage of any artwork from this website, you agree to provide the full amount of the earnings to the artist within 14 days of receiving notice from the artist and you also agree to pay a minimum penalty of $1000.00 USD for each item sold or distributed without authorization. Additional fees may apply depending on the severity of the violation and any loss or damages that the artist has incurred as a result. You agree to pay any penalties and any daily fees associated with your unauthorized use of art from this website. By purchasing art from this website or using the website you agree that the owner of the website in their sole discretion reserves the right to determine what daily fees will apply to any unauthorized use of the art and will agree to pay them within a 14-day period from the time they receive their first notice.

 

Shipping and Processing Policies for Original Art

After you have placed your order, it will take anywhere from 2-10 business days to ship the original artwork(s) from Ontario, Canada.  Commissioned art will be shipped 2-10 business days from the date the artwork is completed. We will send you a tracking number once your order is shipped so you know when it will be delivered. Duties and taxes on your order are not our responsibility. You may be contacted to pay the duties and taxes on your parcel at the time of import before the goods are released for delivery in your country.

Cancelling, Exchanging, and Refunding Orders

Cancellations, exchanges, returns, and refunds are not permitted on original art, commissioned art, prints, custom prints, and digital downloads. All sales are final on any artwork sold in any format in this online store. Please take care to provide correct shipping information upon checkout through our online store on this website. If your order does not arrive because the shipping information you provided has errors, we will not be able to refund you for your purchase.

 

Downloading Digital Art

When you make your purchase for a digital product, you the customer will receive a secure link to the file lasting 24 hours after the first download. If you have issues with downloading, you may send us your email and order number via the contact page within 30 days of purchase and we will send you the file(s) through email.

 

Exceptions - Return Policy:

We have never experienced any issues with damaged parcels during shipping, but we acknowledge that accidents may happen. Returns will only be issued if it is determined that the artwork was extensively damaged during the shipping process by the postal service. To see if you’re eligible for a refund, please follow the steps in the section on damaged orders if you received a parcel that was damaged during the shipping process.

 

Damages on Orders During Shipping

Please follow the steps below and report damaged artwork within 5 days of delivery to qualify for a refund. When reporting a damaged parcel, you must send us the following details through our contact page so we may start a claim with the postal service and investigate the matter.

  • Order number and your contact email

  • Photos of the damaged exterior parcel and/or envelope

  • Photos of the damaged artwork - You may attach your images to a drive or drop box and send us a shareable link through our contact page.

Once we complete the investigation with the postal service and it is determined that the parcel was extensively damaged during the shipping process, we will issue a refund. Although we do our best to provide timely communication, please keep in mind that the time it takes to investigate with the postal service is out of our control and may be lengthy.

 

Client Communications

You accept that any communication (email, contact form submissions, email subscription, webpages visits, phone number, mailing address) with us is not held privileged or confidential and may be subject to viewing and distribution by third-parties.

You agree not to send us any content that could serve an unlawful purpose, including, but not limited to content that is potentially libelous or maliciously false, abusive, inappropriate, negligent, obscene, or harmful.

Please refer to our Privacy Policy for more information on when and how we store and use your communications, or any information you choose to send to us.

Payment Collection

Payment of services and/or products will be in Canadian dollars (CAD) via Stripe or PayPal through the website www.collectsunshine.com. Refunds will not be permitted unless otherwise specified in writing by us.

For commissioned artwork (original art, digital art or illustrations)

50% of payment is due upfront before any work begins and the final 50% of payment is due before any digital files are delivered or artwork is shipped. You agree that we will withhold finalized files and art mailings until payment is made in full.

For original art and digital products

100% of payment must be made upfront.        

   

Quotes for Services

A quote from Collect Sunshine is valid for thirty (30) business days from the date the quote is issued, whereby following the expiry of such date, Collect Sunshine reserves the right to update prices. Quoted service delivery dates are not guaranteed and may vary. Quotes for services from Collect Sunshine are based on the brief provided by the Client and the expected time investment by Collect Sunshine and may change if additional work is requested.                                                                 

Reservations/Bookings for Art Commissions

Scheduling a time slot (booking) for an art commission with Collect Sunshine is only guaranteed when the Client pays the 50% non-refundable deposit fee which reserves time in our schedule. Once the deposit is received, we will confirm receipt by email and start the art commission. The final 50% of payment is due when the art is completed before deliverables are sent.

Project Start (Art Commissions) and Termination

An agreement for creative services shall start when the client accepts our quote, signs the contract we provide, and pays the corresponding non-refundable deposit fee for the Collect Sunshine services and will continue until all agreed upon services are complete and delivered, or until the agreement is terminated.

Either party may terminate this agreement on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it.

If an agreement for our services is terminated, the client shall pay Collect Sunshine for all services performed through the date of termination in the amount of a prorated portion of the fees due.

Delays

For commissions, the client agrees to provide us with all required information, materials, references, and approvals before the commission is started. Any delay by client will result in a day-for-day extension of the due date for all deliverables however if the client does not respond and provide what is required to start the commission within 30 days, the agreement will be terminated by Collect Sunshine and the client will have to provide payment for the work completed.

Any delays that arise that are beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension of any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, power, internet or technological failure, natural disasters, government actions, fire, flood, acts of God, riots, war, and terrorism.

Technology

We do our best to keep the information you provide us confidential however due to the everchanging digital landscape of the internet user agrees that Collect Sunshine is not responsible if client’s email addresses are targeted with spam, hacked, or if the email account details are obtained and used to send spam or malicious material. Client agrees that Collect Sunshine will not be held liable for any loss of income that may arise from the Client’s email being hacked or otherwise. 

Credit and Promotion

We retain all rights to our artwork including commissions we create and we will post images of art commission on our website and social media pages for self-promotion. Client understands that we may include hyperlinks to the image of the art commission we created if the client has posted it on their social media page(s) or website. If the client decides to share an image of the art we create on their social media pages or website, client shall credit www.collectsunshine.com below the image or near the artwork. Client agrees to remove our art from their website or social media pages if we make the request to remove the art to them in writing or by phone.

Requests for Rush Services

If you require expedited services, we will do our best to accommodate you as long as it does not impact the quality of the art or the timelines of other client projects. We will let you know if we can accommodate rush requests when we receive them. Rush requests may incur additional fees.

Confidential Information

All sensitive information and material considered private by either party shall be designated as confidential. 

Severability

If any provision of these Terms is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect.

Relationship of Parties

Neither Collect Sunshine or the client is authorized to act as agent or bind the other party except as expressly stated in this agreement. No agency, joint venture, partnership, or employee-employer relationship is created by this contract. Collect Sunshine and the services, products and deliverables provided by us shall not be deemed as “work for hire.” All rights granted to the client are contractual in nature and are expressly defined by this agreement.

Assignment

No man, woman, or entity not a party to these Terms and Conditions will be deemed to be a third-party beneficiary of these Terms of Service or any provision herein. Client or user may not transfer these Terms and Conditions, in whole or in part. Collect Sunshine may transfer these Terms and Conditions and/or subcontract some or all of its obligations herein at any time.

Force Majeure

Collect Sunshine will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond Collect Sunshine’s reasonable control including, but not limited to, restrictions of law, regulations, orders or other governmental directives, pandemics, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiberoptic cable cuts, interruption or failure of telecommunications or digital transmission links, internet failures or delays, storms, or other similar events. Such circumstances shall result in relief from damages and other measures.

Indemnification and Liability

Client shall indemnify artist from all damages, losses, liabilities, expenses, costs or attorney fees arising out of any claim, demand, or action by a third party due to materials included in project deliverables at the request of the client. The services and deliverables are sold “as is.”  In all circumstances, the maximum liability of artist to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the total fee charged by Collect Sunshine for the project or product. If client does not agree with these terms, do not accept our contracts, services or purchase products from our online store. In no event shall artist be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the materials, or the services provided by the artist, even if artist has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. 

Waiver And Amendment

If Collect Sunshine fails to insist upon strict performance of your obligations under any of these terms and conditions, or if Collect Sunshine fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by Collect Sunshine of any default will constitute a waiver of any subsequent default, and no waiver by Collect Sunshine of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Changes to Deliverables

Artist prohibits alterations of any deliverables unless artist provides express written permission.

Preliminary Work

All preparation materials, visuals, and sketches, including all electronic files used to create a commission remain our property. We retain all rights to all preliminary works.

Hyperlinks to External Websites

Our website may contain hyperlinks to third-party websites that are not owned or controlled by us. By clicking on these links and accessing the third-party websites, you agree that we are not responsible for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on or through any such websites. You agree to read the terms and conditions and privacy policies of any third-party web sites or services that you visit if you require more information about their website and business.

Limitation Of Liability

In no event shall Collect Sunshine be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • your access to, or use of, or inability to access or use the Service;

  • any conduct or content of any third party on the Service;

  • any content or product obtained from the Service; and

  • unauthorized access, use or alteration of your transmissions or content

To the maximum extent permitted by law, in no event shall Collect Sunshine be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss of data, or loss of property, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the website or of any website referenced or linked to or from our website. You will be responsible for all claims and damages resulting from the misuse of the website by you.

Geographic Restrictions

Collect Sunshine is not obligated to provide any services to, or specific to, any country or region. Although the Website may be accessible worldwide, we make no representation that materials on the website are appropriate or available for use in locations outside Canada. Those who choose to access the website from other locations or from forbidden jurisdictions do so at their own initiative and at their own risk. Any offer for any product, service, and/or information made in connection with the Services is void where it is prohibited.

Website Policies and Updates

All information we collect on the website is subject to our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

User agrees to comply with the Terms and Conditions, Privacy Policy, Store Policies (collectively, the Policies). Collect Sunshine reserves the right to modify the Policies at any time, and, to the extent permitted by applicable law, changes to the Policies are effective immediately upon posting on the Website and you accept the terms when you access the website and/or make a purchase from our website.

User’s continued use of any portion, or all, of the Services following the posting of revised Policies means that User accepts and agrees to the changes. In the event of an express conflict between the Terms of Service and the Privacy Policy, the Terms and Conditions will prevail.

Except for any provisions determining the primary contractual obligations of user and Collect Sunshine herein, Collect Sunshine has the right to revise and amend these Terms and Conditions from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in contribution methods, and changes in system capabilities. Changes are effective immediately upon posting, and User's continued use of any of the Services following the posting of revised Terms and Conditions means that User accepts and agrees to the changes.

Content Standards

These Content Standards apply to all user submissions and use of our Services, if offered. Without limiting the foregoing, user Submissions must not:

a.  contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

b.  promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

c.  infringe any intellectual property or other rights of any third-party;

d.  infringe the rights of others or contain any harmful material;

e.  promote any unlawful activity, or advocate, promote, or assist any unlawful act;

f.  cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other man/woman;

g.  impersonate any man/woman, or misrepresent your identity or affiliation with any man, woman, or entity;

h.  involve commercial activities or sales; or

i.  deceive or give the impression that the client Submissions emanate from or are endorsed by Collect Sunshine or any other man, woman, or entity.

Your Obligations And Representations

  1. You may use the Website only for lawful purposes and in accordance with these Terms.

  2. You promise that:

a.  you are at least 18 years or the age of majority to be able to form a binding contract with Collect Sunshine;

b.  you will not use the Website in any unlawful manner;

c.  you will not claim any artwork as your own and or resell or distribute it in any manner;

d.  you will not send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards;

e.  you will not impersonate or attempt to impersonate Collect Sunshine, a Collect Sunshine representative, another user, or any other man, woman, or entity;

f.  you will not do anything that could disable, over burden, damage, or impair the Website or interfere with any user's use of the Website;

g.  you will not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose in violation of these Terms;

h.  you will not introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

i.  you will not co-brand or frame the Website or hyper-link from a third-party website to the Website without the express prior written permission of an authorized representative of Collect Sunshine; and

j.  you will not publicly share any material and communications found on the Website.


Governing Law

The governing law of this agreement is this contract.

Arbitration

Customer/User hereby expressly waives any and all claims you may have, now or in the future, arising out of or relating to this Website, the owner, any and all contracts you enter into with Collect Sunshine, and any and all of our products and services. 

 

Survival

All provisions relating to propriety rights, contributions, confidentiality, disclaimer of warranty, indemnification, and limitation of liability shall survive the expiration or earlier termination of these Terms and Conditions.

Complete Understanding

These Terms and Conditions, together with the documents and policies expressly referred to herein, constitute the sole and entire agreement between you and Collect Sunshine with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website.

Contact Us

If you have any questions about these Terms and Conditions, you may send us a message through our contact page and we will reply to you by email.