Terms and Conditions

Welcome to 3K Fine Art, Ltd. Co., also doing business as (DBA) Kate Ives Art. Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully, as they contain important provisions relating to your use of the site, including an agreement to engage in binding arbitration to resolve any disputes between us. The website is owned and operated by 3K Fine Art, Ltd. Co.  ("3Kfineart.com" and "KateIvesArt.com).

You should review our Privacy Policy to understand our privacy practices.

We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:

• reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
• use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);
• use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website;
• engage in any activity that interferes with the website or another user's ability to use the website;
• modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
• assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

If you opt in to receive SMS (text messages) from 3K Fine Art, Ltd. Co. and / or Kate Ives Art (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.

By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from 3K Fine Art, Ltd. Co.. By agreeing to receive SMS messages from 3K Fine Art, Ltd. Co. and / or Kate Ives Art, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application. You can opt out of receiving SMS messages at any time.

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by 3K Fine Art, Ltd. Co. or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.

Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.

Visitors may submit suggestions, ideas or questions to info@3KFineArt.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.

The website may contain links to or services offered by third parties that are not under the control of 3K Fine Art, Ltd. Co. and / or Kate Ives Art (“Third Party Services”). Any such Third Party Services are provided for your convenience only and you access them at your own risk. Any concerns regarding such Third Party Service should be directed to the particular outside service.

We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

These Terms of Sale apply to all offers made by 3K Fine Art, Ltd. Co. and / or Kate Ives Art, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.

Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. However, we do NOT charge your credit card until after your order has entered the shipping process. If an item's correct price is higher than our stated price, your sole recourse is cancellation of your order.

*Promotion applies to order total before shipping, taxes, and duties. Promotions that involve a price reduction may take a variety of forms, including strikethrough prices or a discount code (e.g., percent-off or dollar-off discount code) that is applied by the customer at checkout (collectively “Product Discounts”). Promotional offers may be used only per household. Only one discount or promotional offer may be used per item.

We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).

Items shipped are subject to sales tax. No sales tax is charged when purchasing gift certificates; however, purchases paid for with gift certificates may be subject to tax.

We do not accept returns or exchanges. All orders are custom-made to order and sales are final.

We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund or credit.

We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.

Any dispute or claim relating in any way to your use of 3K Fine Art, Ltd. Co. and / or Kate Ives Art or 3KFineArt.com or KateIvesArt.com, to purchases from 3K Fine Art, Ltd. Co. and / or Kate Ives Art or 3KFineArt.com and / or KateIvesArt.com, or to the sale of any products or services sold or distributed by 3K Fine Art, Ltd. Co. and / or Kate Ives Art or 3KFineArt.com and / or KateIvesArt.com or through 3KFineArt.com and / or KateIvesArt,cin will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Sale as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: info@3KFineArt.com. The arbitration will be conducted in Vermont, United States.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

By placing an order with 3K Fine Art, Ltd. Co. or 3KFineArt.com and / or Kate Ives Art or kateivesart.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Vermont, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and3K Fine Art, Ltd. Co. and / or Kate Ives Art or 3KFineArt.com or kateivesart.com.

If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Privacy Notice

Last Reviewed: 5 October 2024.

We have implemented this Privacy Notice to inform you of the personal information that we collect from you when you visit this website and other websites where this notice is posted, use our mobile app online services or otherwise interact with us offline, what we do with your personal information and how you can exercise your privacy rights.We recommend that you read this Notice in full to ensure you are fully informed.

We may collect or receive the following categories of personal information. Not all categories may be collected or received about every individual:

• Identifiers: Personal identifiers, such as name, telephone number, physical address, email address, government-issued identifiers (e.g., national identification numbers, driver's license numbers), and signatures
• Commercial Information: Purchase and transaction history information (such as products or services you have purchased, rented, or returned), health and safety-related information, product testimonials, travel and vacation information, and competition entries
• Communications: Communication details (such as the content of emails, text messages, or other communications), call logs, and calendar information where we are a party to the exchange
• Demographic Information: Demographic information, such as age (including information about children under the age of 13 with respect to certain purchases and services (e.g., tobacco purchases), gender, citizenship, ethnicity, date of birth, family or marital status, household income, education, professional and employment information, family health, number of children, number of cars owned, and software or virtual assets owned
• Financial Information: Financial information, such as credit or debit card numbers, financial account numbers, and claims information
• Biometric Information: Biometric information, such as voice prints, imagery of the iris or retina, face geometry, and palm prints or fingerprints
• Geolocation: Location information, such as geolocation information
• Sensory Information: Audio, visual information, and other sensory information such as photographs and audio and video recordings
• Background Information: Background and criminal information, such as background checks and criminal convictions
• Inferences: Individual preferences and characteristics, such as inferences related to shopping patterns and behaviors, intelligence, and aptitudes

How Do We Collect InformationWe collect information from you in a variety of ways. It may be:Information provided directly by you or a member of your householdWhen you interact with our online services, we may ask you to provide personal information voluntarily: for example, we ask you to provide your name, contact details and payment details in order to purchase a printed product from us or to set up an online account, or your email address to sign up to receive a newsletter and/or to submit enquiries to us. We may ask for similar information when you contact us offline, for example for customer service.Information collected from a device associated with you or your householdWhen you use our online services, we may collect certain information automatically from your device. Specifically, the information we collect automatically may include information like your IP address, browser-type, the URL of the previous web site you visited, your ISP, operating system and other technical information. We may also collect information about how your device has interacted with our online services, including the pages accessed and links clicked.Information We Collect from Another Company within Our Family of CompaniesWe may collect your personal information from another organization within our corporate family of companies, such as with www.godaddy.com.Information Collected from an External Third-Party SourcesWe receive personal information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our service to you, prevent or detect fraud, and for other business purposes. We also receive information, such as device information and browsing information, from third parties for marketing purposes, for example to provide you with personalized ads on 3KFineArt.com and third-party websites and mobile services.

We may use the information we collect through our online services for a number of reasons, including to:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services
• Providing advertising and marketing services, including targeted advertising
• To conduct auditing and monitoring of transactions and engagement.
• Short-term, transient use, such as non-personalized advertising shown as part of your current interaction with us
• Helping to ensure security and integrity and prevent fraud
• Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them
• Debugging to identify and repair errors
• To conduct business analysis, such as analytics, projections, identifying areas for operational improvement
• To conduct research and development, including undertaking internal research for technological development and demonstration
• To fulfill our legal function or obligations

We may use sensitive personal information for each of the purposes described above and to make inferences about customers, which we may use to promote certain products or services.

We are careful to disclose your personal information in ways that respect your privacy and only as described in this Notice. We view you as a valued customer, not a product, and we do not sell or rent your personal information to others for money.We may disclose your personal information to other third parties in the following circumstances:

• Within the Trends International family of companies. When we do, the information will be used in ways that are consistent with this Notice.
• To vendors and other third-party service providers who require access to your personal information to assist in the provision of the online services, our products and services, and other business-related functions. For example, we partner with one or more credit card processing companies to assist us in processing your payment. We partner with third parties that offer credit checks services that review credit worthiness of certain users to manage our risk and help us to avoid sending out orders to users that cannot afford to pay. We may also work with third party service providers to assist us providing targeted email campaigns, assemble and prepare personalized offers and/or make particular product or purchase recommendations. However, those companies do not retain, disclose, store, or use personal information for any secondary purposes.
• We may also disclose your personal information to third parties: (a) where required by law or regulatory requirement, court order or other judicial authorization, (b) in response to lawful requests by public authorities, including for the purposes of meeting national security and law enforcement requirements; (c) in connection with the sale, transfer, merger, bankruptcy, restructuring or other reorganization of a business; (d) to protect or defend our rights, interests or property, or that of third parties; (e) to investigate any wrongdoing in connection with the online services or our services; (f) to protect the vital interests of an individual.
• To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice;
• To any other person with your consent.

Your personal information may be stored and processed by us in any country where we or our service providers have facilities, and your personal information may therefore be transferred to countries outside of your country of residence, including the U.S., which may have different data protection rules to those of your country. Specifically, we may transfer your personal and non-personal information to 3K Fine Art, Ltd. Co. and / or Kate Ives Art or 3KFineArt.com or kateivesart.com for processing and storage in the U.S. By interacting with our online services, you consent to such transfers.

We use reasonable information security measures, including physical, administrative, and technical safeguards.

We want to improve your online experience and make it easier to discover new products and services through our websites and mobile services. We may provide you with links to other online services (such as websites or social media platforms) and may include third-party features such as apps, tools, widgets, and plug ins. We may not own or control these linked online services or third-party features, and we are not responsible for the information practices of the third parties that have ownership or control over them. In some cases, these third parties operate independently from us, which means their privacy practices are not covered in this Notice. We recommend that you review their privacy statements to learn about these third parties' privacy practices, including details on the information they may collect about you.

We will keep the personal information we collect about you for as long as necessary to carry out the purposes set forth in this Privacy Notice or any other notice provided at the time of data collection, but no longer than as required or permitted under applicable law or internal policy. We dispose of the information we collect in accordance with our retention policies and procedures.

Our services are intended for users ages 13 and older. We will not knowingly collect or use any personal information from persons that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13.

Please check our Privacy Notice periodically for changes. We will provide additional notice of significant updates. We will post the date our Notice was last updated at the top of the Privacy Notice.

If you have any questions or concerns regarding the use or disclosure of your personal information, you can contact us by clicking here and sending an email to info@3KFineArt.com.