Terms and conditions

Cassill Artwork is the trading name of Jean Kubota Cassill and H.C. Cassill as sellers of artwork. These Terms & Conditions apply to the sale of artwork (the “Artwork”) by the Artist (the “Artist”). We provide the access to purchase the original works of art by Jean Kubota Cassill and H.C. Cassill for legal ownership. We also provide biographical information about the artists to aid the consumer in the knowledge of the artwork. 

Use of Website

Thank you for visiting CassillArtwork.com. Please review the following basic rules that govern your use of our website. Please note that your use of our website constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this website. The CassillArtwork.com website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving our goods and/or to otherwise transact business with or contact CassillArtwork.com.

Colors

We have made every effort to display as accurately as possible the colors and tones of our products that appear on the Site. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.

All images are printed on museum-quality acid-free Arches paper from France. Most are printed using archival inks that were custom blended in the printmaking department at the Cleveland Institute of Art. 

To protect them, use UV-filtering glass when framing and avoid direct sunlight and high humidity.

Care for them as you would any fine artwork to enjoy them for years to come.

For any questions about the prints, contact us at info@cassillartwork.com.

Watermarks 

The images of artwork on the website are watermarked with the Cassill Artwork logo and are intended only for the purpose of displaying the art for review. The art itself which you purchase is not watermarked. Please refrain from reproducing the art images without appropriate crediting and watermarking. 

We welcome you posting and sharing the artwork on social media, but ask that any images be watermarked from the website and credited as the work of Jean Kubota Cassill or H.C. Cassill. 

Shipping Terms

When ordering from this website, you agree and accept that you understand the quoted time to deliver your order, which can be found on the shipping page and on your shopping cart. Delivery time is a combination of lead time PLUS shipping time. Our standard shipping method is USPS or UPS, and shipping times vary from 1-5 business days for U.S. delivery. 

Storage 

Prints are shipped rolled up to better protect them. If they will be professionally framed, we recommend leaving them in the original shipping box/tube to reduce handling and potential damage.

Because the art is printed on heavyweight fine-art paper it will retain a strong curl. To flatten the prints:

• Carefully lay each on a flat, clean surface.

• Use the provided glassine (neutral pH) interleave sheet to protect the artwork.

• Gently weigh down the sides with a couple of clean, smooth/flat objects. The paper will relax in a few days.

If your shipment is damaged

If your order is lost or damaged during shipment contact us immediately. Keep all packing materials and paperwork so that a claim can be filed for damage during shipping. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If the print is damaged during shipping, please do the following:

1. Photograph the shipping label.

2. Photograph the damage to the shipping container (multiple angles).

3. Photograph the damage to the prints) (multiple angles).

4. Email all the images to us at: info@CassillArtwork.com

5. Keep both the shipping container and prints until the claim is settled between us and the shipper.

Final Sale

The artwork is considered “Final Sale.” Be sure to ask any needed questions prior to completing the ordering process. We are a small operation and will accommodate any special requests as we are able.

Transactions

We do our utmost to provide secure transactions and encrypt all transmissions of private data such as credit card information.  We do not sell products for children, but rather to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use CassillArtwork.com only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate any transactions or orders, remove or edit content, or cancel orders at our sole discretion.

Site Access & Prohibitions

CassillArtwork.com hereby grants you a limited, nonexclusive, revocable license to access and use this website and its works, content, materials and designs solely for personal, noncommercial use, and for no other purpose, and your use of the website is subject to the terms and conditions set forth in these Terms of Use. Downloading or copying of works, content, materials and designs is permitted for personal, noncommercial use only. No right, title or interest in such works, content, materials and designs are transferred to you upon such copying or downloading, and such works, content, materials and designs may not be transferred, linked, reproduced, retransmitted or otherwise distributed or displayed, in whole or in part.

You agree that you will not use the website, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will not:

(a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use, including use on any other web site, transfer, or sell any products, works, content, materials and designs or information provided through or obtained from the website.

(b) access or attempt to access password protected, secure or non-public areas of the website.

(c) use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website.

(d) defame or disparage CassillArtwork.com, its proprietary information (including, without limitation, Trademarks and the copyrights), or any aspect of the Site.

Copyright & Trademark Notices

All design and content featured on our website (including, without limitation, products, product designs, site design, text, graphics, logos), are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by CassillArtwork.com.This website in its entirety is protected by U.S. and international copyright laws, and applicable trade dress. No reproduction, copying, distribution, or transmission of such works, content, products, materials, designs is permitted. Any rights not expressly granted herein are reserved.

General Terms 

No provision of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by CassillArtwork.com. Any consent by Cassill Artwork to, or waiver of, a breach by you, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. Our failure to act with respect to a breach of you or others does not waive our right to act with respect to subsequent or similar breaches. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms of Use, the Privacy Policy and any other applicable document shall be governed by and construed in accordance with the laws of the State of Washington (irrespective of its choice of law principles). You agree that the Washington courts shall have exclusive personal jurisdiction and venue over you and you submit to the exclusive personal jurisdiction and venue of such courts. Notwithstanding the foregoing, you agree to waiver personal service of any process upon them and agree that service may be affected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to us, and to contact address set forth herein. You further agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. Should suit be brought to enforce or interpret any part of these Terms of Use, the Privacy Policy or any other applicable document, you agree that the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, including expert witness fees and fees on any appeal.

Privacy Policy 

Cassill Artwork will not disclose client information to any other individual or organization unless required to do so by law, or unless it is necessary to do so to obtain or validate payment of our invoices to you or to perform our contract of supply with you and the Artist, or unless it is covered by a confidentiality agreement. If you want us to remove your information from our files please contact us and we will do so insofar as the law permits. 

Product Purchasing

When you place an order for any Products via the Services, you agree (i) that Cassill Artwork may, directly or through a third party payment processor, charge the credit card, debit card or other payment method you have chosen for your purchase for the total amount of your order (including any applicable taxes, shipping and handling fees) for verification, pre-authorization and payment purposes; and (ii) to bear any additional charges that your bank or other financial service provider may levy on you.

When your order is accepted by Cassill Artwork, we will send you an email which will include the details of your order and an order number that you should refer to if you have any questions regarding your order.

We reserve the right to not process or reject your order in certain circumstances, for example, if your payment method is declined, if we suspect the request or order is fraudulent, or in other circumstances Cassill Artwork deems appropriate in its sole discretion. We may also limit the order quantity, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason.

General Prohibitions and Cassill Artwork’s Enforcement Rights. You agree not to do any of the following:

(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Use, display, mirror, extract, scrape, copy, index or frame the Services (including any content made available by us therein) or any individual element within the Services, Cassill Artwork’s name, any Cassill Artwork trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Cassill Artwork’s express written consent;

(c) Access, tamper with, or use non-public areas of the Services, Cassill Artwork’s website files, or the technical delivery systems of Cassill Artwork’s providers;

(d) Attempt to probe, scan or test the vulnerability of any Cassill Artwork’s system or network or breach any security or authentication measures;

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cassill Artwork or any of our providers or any other third party (including another user) to protect the Services;

(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cassill Artwork or other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(h) Use any meta tags or other hidden text or metadata utilizing a Cassill Artwork trademark, logo URL or product name without Cassill Artwork’s express written consent;

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(n) Impersonate or misrepresent your affiliation with any person or entity;

(o) Violate any applicable law or regulation; or

(p) Encourage or enable any other individual to do any of the foregoing.

Cassill Artwork is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You are solely responsible for your interactions with other users of the Site and Cassill Artwork bears no responsibility for your interactions with other users of the Site. Further, Cassill Artwork is not party to any disputes between you and other users.

Title & Risk

As soon as the purchase price is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you. If an Artwork has been loaned to you then you are responsible for the Artwork and the risk of damage to or loss of the Artwork. 

Ownership Of the Artwork Copyright 

Copyright in the Artwork remains the property of the Artist. You may not produce any image of the Artwork for your own distribution and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for any purpose. The legal owner must request permission to reprint the artwork, you may not use or copy artwork without permission. If you breach any of your obligations under section 7 you agree that: 

(a) the payment of damages will not be a sufficient remedy to compensate us or the Artist for your breach; 

(b) we may, and the Artist may, apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and 

(c) we may, and the Artist may, contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the Artwork has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website. 

Questions?

Should you have any questions concerning any of our Terms of Use or policies, please contact us.