TERMS + CONDITIONS INFO - PushingDandelions

Introduction
Welcome to the “PushingDandelions” website (“Website”, “Service”, “Work”, “Artwork”). This website is owned and operated by “JesselynCreates LLC” ( “Us”, “We”, “Our”, or “Artist”).

Conditions of use
By accessing the “PushingDandelions” website and/or purchasing a service, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. Any terms listed in the service you purchase that are not listed here are also material to this Agreement. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly and do not purchase a service. JesselynCreates LLC only grants use and access of the “PushingDandelions” website, its products, and its services to those who have accepted its terms.

Please be informed that this Agreement includes disclaimers of warranties and limitations of liabilities that may be relevant to you. In case of any violations of these Terms and Conditions of Use, we reserve the right to seek all remedies available under the law in equity for such violations. We reserve the right at any time, with or without cause, to:
Change the Terms and Conditions of Use in this Agreement;
Change the “PushingDandelions” website, including removing or discontinuing any Informations, Services or other features provided on the website;

JesselynCreates LLC Rights and Ownership
Unless otherwise indicated, we own all intellectual property rights in the “PushingDandelions” website and its contents. Except where otherwise indicated, you should also assume that the copyright of everything on this website, including but not limited to any texts, graphics, designs, source code, or software belongs to us.

The usage of any trademarks or logo from the “PushingDandelions” website is strictly prohibited, it should be assumed that the trademarks and logos are the registered and unregistered trademarks of their respective owners. You are fairly advised that the owner of such intellectual properties will enforce their intellectual property rights to the fullest extent of the law.

By agreeing to these Terms and Conditions of Use, you agree that you will not use any form of unauthorized third-party software that collects information from/through “PushingDandelions” and/or Third-Party Data and services.
You agree that you will not use “PushingDandelions” or its services to collect information or datas about our services and/or clients.

Intellectual Property
You agree that all materials, products, and services provided on this website are the property of JesselynCreates LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. By purchasing a service and/or product you agree that you will use it for YOUR PERSONAL USE ONLY. You also agree that you will not reproduce or redistribute our intellectual property in any way commercially including electronic, digital, or new trademark registrations without a written, signed, and dated agreement between JesselynCreates LLC. and your business/self.
For issues regarding intellectual property claims, you should contact us in order to come to an agreement.

License to Use
The “PushingDandelions” website primarily operates as an e-commerce and service provider website. Subject to these Terms and Conditions, you are granted a personal, non-transferable, non-exclusive, worldwide, exclusive, royalty-free, limited license to use and access the “PushingDandelions” website. You must use this license only in the manner permitted by these Terms and Conditions for the sole purpose of using and enjoying the benefits of the services provided by the “PushingDandelions” website.

Fair Use
By using the “PushingDandelions” website, you agree to use the services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. JesselynCreates LLC is based in the United States of America, the “PushingDandelions” website may be illegal for certain individuals to access or use the “PushingDandelions” website in some countries. We make no claim that the “PushingDandelions” website will be legal or accessible outside of the United States of America.

The following uses of the “PushingDandelions” website are prohibited unless JesselynCreates LLC. have intended to provide you with access or have provided you written permission to do so:

Using of the “PushingDandelions” website in a manner that causes or may cause, damage to the “PushingDandelions” website or in any way that impairs visitors’ abilities to access or use the “PushingDandelions” website and its services, including using the “PushingDandelions” website in a manner or for a purpose that is unlawful or fraudulent;
Using the “PushingDandelions” website in order to copy, save, upload, publish, transmit, use, host or distribute anything consisting thereof or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy damage, or alter a computer system;
Administering any computerized or systematic data collection on or related to the “PushingDandelions” website or its users without our consent, including, without limitation, data mining, data extraction, scraping, data harvesting, “framing”, or article “spinning”;
Using the “PushingDandelions” website to collect, harvest or compile information or data in regard to other users of the “PushingDandelions” website without their consent;
Using automated agents, softwares, or scripts to generate automated searches, queries, or requests on the “PushingDandelions” website, provided, nevertheless, that operators of public search engines have our revocable permission to copy materials from the “PushingDandelions” website for the one purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the “PushingDandelions” website to send spam, pyramid schemes, or chain letters;
Republishing (including on third-party websites), duplicating, copying, selling, redistributing, transferring, leasing, renting, hosting or licensing any part of the “PushingDandelions” website, or otherwise commercially exploiting content, whether in whole or in part, on the “PushingDandelions” website;
Modifying, editing, making derivative works of, reverse compiling, or reverse engineering any information, content, systems or services on the “PushingDandelions” website;
Accessing the “PushingDandelions” website in order to create a similar or competitive business, product, service, or website;
Collecting, distributing, displaying, transmitting, or uploading any content or otherwise using the “PushingDandelions” website in a manner that:
- violates rights of any third-party, including any intellectual property rights or rights to privacy,
- is unlawful, threatening, vulgar, tortious, libelous or defamatory, pornographic, obscene, racist, patently offensive, or promotes physical harm or injury,
- causes or may cause harm to minors in any way, or
- impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission;
Interfering with, disrupting, or overburdening servers or networks connected to the “PushingDandelions” website;
Attempting to gain or gaining unauthorized access by any means to any part of the “PushingDandelions” website or to computers or networks connected to the “PushingDandelions” website; and
Harassing, harming, stalking or otherwise interfering with or negatively affecting another user’s normal use and enjoyment of the “PushingDandelions” website.

International Use and Compliance
Due to the global nature of the internet, you comprehend and agree that it is your responsibility to ensure that your use of the “PushingDandelions” website complies with all local, international, and other laws that may apply. Furthermore, the United States of America’s import and export control laws and the import regulations of other countries may apply to the use of the “PushingDandelions” website. You agree not to export, post, transfer or upload, directly or indirectly, any software, technical data, or technology obtained through us, the “PushingDandelions” website, or the services in violation of such export or import laws, including but not limited to, the United States of America’s Tariff Act, the guidelines and regulations of U.S. Customs and Border Protection, their subsidiary legislation and the various Acts under the Statutes of the United States of America.

Distribution

Authorship, as retained by the Artist, allows the Artist to distribute digitally and/or physically the art work through media such as, but not limited to, gallery showings, their portfolio, and social media platforms.

PLEASE REFER TO OUR PRIVACY POLICY BELOW FOR ANY CONCERNS, YOUR PRIVACY IS ONE OF OUR UTMOST IMPORTANT CONCERNS.

Crediting the Artist through Personal Use

You must, whenever possible, include that the artwork/service was created by “PushingDandelions”, “JesselynCreates”, “JesselynCreates LLC”, or simply “Jesselyn Kanniainen”.

Use of “PushingDandelions"'s social media handles is encouraged instead when deemed appropriate at your discretion.

REMOVAL OF WATERMARKS ON DIGITAL ART COPIES
You are allowed to remove the watermark ON YOUR OWN for PERSONAL USE ONLY. If you distribute said art/image knowingly or unknowingly to the public you are violating these terms + conditions.

Cancellations

The final overall fee is non-refundable. If you choose Method Two, Method Three, or Method Four for a payment plan listed on the "About" page and/or the following section below "Payment Plans" and wish to cancel your payments thus forfeiting your service, it is up to the Artist if they wish to provide a partial refund or no refund at all. If the Artist has finished your service/artwork, but has been waiting to mail/send you the service, they have the right to demand for full payment regardless. If you nonetheless want to cancel or refuse the service, then the Artist retains exclusive ownership/distribution of the art work. The Artist has the right to finish or not finish the art work.

Payment Plans for Art Readings
“PushingDandelions” understands the struggle of being able to afford high quality purchases. We wish to offer you a variety of payment plans as a result. Regardless of your payment option, full payment is required before receiving your final product/message.

Method One: Full payment upfront. Without saying which payment method you prefer we will automatically assume this option.

Method Two: 50% of the final price upfront and the other 50% at a later time you choose. As “PushingDandelions” is run by a professional freelance illustrator, it is only right to offer the industry standard for commission work. This method is very common in the world of illustration.

Method Three: Weekly Payments “PushingDandelions” will divide up the final price over the certain amount of weeks that you decide. Once weekly, you will receive an invoice on the day that you choose.

Method Four: This method is a combination of any offered above, biweekly payments, etc. Please talk to us about your unique situation and we may be able to come to an agreement.

Payment Options
"PushingDandelions” will send you invoices to your email provided.

For United States/USD orders we ONLY accept Visa, MasterCard, Discover, American Express, Apple Pay and Bank Transfers. Intuit Quickbooks is the invoice software we use.

For International Orders (Outside of the United States/non-USD), we request you provide us your local currency upon placing an order with us. We currently use PayPal invoice instead for international orders. Prices will be converted from USD to your local currency at the current exchange rate upon inquiring for a service. Payment methods will be limited to the options PayPal allows on international invoices, which may differ from country to country. Please regard PayPal's policies for more information.

Waitlist
"PushingDandelions" has waitlist, wait-list, wait list, Waitlist, Wait List, Wait list (and likeness thereof) available to potential and paying customers. Information pertaining to the waitlist is available on the "About" page of this website as well as usually available to be navigated to on the service a customer may purchase. The waitlist's information and their respective lists may change at any time without notifying you of these changes. By purchasing a service and/or item you are accepting the rules of being on the waitlist even if you expect to not be waitlisted because you may be anyways according to our discernment. Please refer to the waitlist for more information. By purchasing a service and/or item on our website you are agreeing to these terms.

Force Majeure

In no event shall the Artist be responsible or liable for any failure or delay in the performance of our obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of the God(s), and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Artist shall use reasonable efforts which are consistent with accepted practices in the illustration industry to resume performance as soon as practicable under the circumstances.

Tattoos

You must indicate prior that commission is intended to be for a tattoo design. If you realize during the process of creation you want a tattoo of it you must inform the Artist and, while unlikely, the Artist may require additional payments. If you realize they want a tattoo of the art work or any likeness thereof after completion, they must inform the Artist, while unlikely, the Artist may ask for additional payments. If you wish to use a pre-existing image for a tattoo, you may purchase a Tattoo Ticket by emailing us at "dandelionspushed[at]gmail[dot]com".

Divination Exemptions and Disclaimers
JESSELYNCREATES LLC DOES NOT OFFER:
- MEDICAL ADVICE
WE ARE NOT TO BE CONSIDERED AN ADVISOR ON SUCH TOPICS:
- STOCKS
- LOTTERY
- GAMBLING/SPORTS

OUR SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES, YOU SHOULD ALWAYS SEEK OUT THE COUNCIL OF AN EXPERT OR MEDICAL PROFESSIONAL.

JESSELYNCREATES LLC IS NOT RESPONSIBLE FOR YOUR DECISIONS INFLUENCED BY OUR SERVICES NOR ARE WE RESPONSIBLE FOR THE OUTCOME OF YOUR DECISIONS.

JESSELYNCREATES LLC SHOULD NOT BE CONSIDERED AN ADVISOR.

FOR LEGAL REASONS, WE MUST STATE THAT ALL SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY.

Minors

JesselynCreates LLC does not knowingly collect personal information or data from visitors under 13 years of age. You may not use the “PushingDandelions” website if you are under the age of 13.

All reading by "PushingDandelions" are for ages 18 and older ONLY. We request you inform us your birthdate (Month/Day/Year) which we receive via your email for every reading. Due to the unknown content of each reading until it is being done by us, it is possible mature content may be mentioned. We are NOT responsible if you lie about your date of birth/age.

Enforcement of Acceptable Use Policy
Should you violate these Terms and Conditions of Use, or otherwise create liability, damage or loss for JesselynCreates LLC, the “PushingDandelions” website’s visitors, or a third party, JesselynCreates LLC reserves the right to review and investigate your use of the “PushingDandelions” website and to take any reasonable actions against you that we determine is necessary in our sole discretion. Such actions may include, but is not limited to, initiating legal proceedings to recover any losses and reporting you to relevant authorities.

Modification of Site
JesselynCreates LLC reserves the right to modify, suspend, add to, or terminate all or parts of the “PushingDandelions” website and/or services at any time with or without providing prior notice to you. This includes the right to create limits on our visitors’ use and Service and data storage. You further accept that JesselynCreates LLC is not liable for using or enforcing the rights stated in this paragraph. Unless indicated so, any future modifications to the “PushingDandelions” website are subjected to these Terms.

Maintenance or Support

Granting JesselynCreates LLC may choose to provide customer support or website maintenance, you acknowledge and accept that we are under no obligation to do so.

Restricted Access

Some parts of the “PushingDandelions” website may be restricted to certain visitors. If you have permission to access restricted parts of the “PushingDandelions” website, you agree to not share your access password and information with third parties. JesselynCreates LLC may change the restricted parts of the “PushingDandelions” website from time to time. If you do not have access to the restricted parts of the “PushingDandelions” website, you agree to not use another user’s account to gain such access or otherwise attempt to gain improper access to the restricted parts of the “PushingDandelions” website.

Privacy Policy

Occasionally, JesselynCreates LLC may need to send you communications related to the “PushingDandelions” website or the services. Such communications are considered part of the services and you may not be able to opt out of receiving them.

We reserve the right to disclose and access the information you submit to the “PushingDandelions” website if required to do so by law, or if we have an appropriate belief that doing so is necessary for:

responding to requests for customer service,
addressing fraud, technical, or security issues,
protecting the rights, safety and the property of JesselynCreates LLC, the users of the “PushingDandelions” website, and the public,
responding to legal processes and claims, or
enforcing these Terms and Conditions of Use, including investigating potential violations.

Reviews
Should you want leave a review for us, you hereby assign to us all rights in any feedback or complaints you provide us concerning the “PushingDandelions” site or services provided and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. JesselynCreates LLC will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary. Your privacy is one of our utmost important concerns. JesselynCreates LLC will not disclose your full name to anyone without your explicit written permission. If you choose to leave a review for us, we may include your first name as the reviewer as long as you express permission for us to do so. We will not disclose your written divination report to anyone with personally identifying information of yourself without written permission from you, except in the court of law and matters pertaining to thereof. Reviews left on services and/or items on our Etsy shop may be shown and since when you leave a review on Etsy you are expressing permission for to use your name publicly with your review statement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JESSELYNCREATES LLC, INCLUDING ITS SUBSIDIARIES, CONTRACTORS, EMPLOYEES, PARTNERS, AFFILIATES, SUPPLIERS, AGENT, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR ANY LOSS OF DATA, GOOD-WILL, USE, OR ANY LOSS OF REVENUES OR PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES;
YOUR USE OF OR ACCESS, OR INABILITY TO USE OR ACCESS THE SERVICES;
ANY CONTENT OBTAINED FROM THE SERVICES;
ANY CONTENT OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES;
UNAUTHORISED USE, ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
OTHER MATTERS RELATED TO THE SERVICES OR SITE.

THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LIABILITY OF LOSS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (USD$100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT EXTEND THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS AND AGENT WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR SITE. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, CONTRACTORS, EMPLOYEES, PARTNERS, AFFILIATES, SUPPLIERS, AGENT, AND LICENSORS.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), STATUTE, CONTRACT, WARRANTY, OR OTHERWISE.

NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE EXCLUSION AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. THE STATED DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify, hold harmless, and defend JesselynCreates LLC and its subsidiaries, contractors, employees, partners, affiliates, suppliers, agent, and licensors, including, but not limited to costs and attorney’s fees, from any claim or disputes by a third party arising out of your use of the “PushingDandelions” site, violation of these Terms and Conditions of Use, violation of applicable law, or your modifying, posting or otherwise transmitting content through the “PushingDandelions” site or services. You further agree to cooperate fully with us in defending such disputes of claims without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.

General Terms

1. General Terms Entire Agreement

These Terms and Conditions of Use represent the entire and exclusive agreement between you and JesselynCreates LLC. regarding your use of the “PushingDandelions” site and services, overriding and replacing all previous agreements. You may also be subject to additional terms and conditions or separate agreements regarding specific services we provide, use of Third-Party Resources, partner or affiliate services, or any purchases you may make through the “PushingDandelions” site.

In the event that these Terms and Conditions of Use are translated into another language and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.

2. Assignment

Your obligations and rights under these Terms and Conditions of Use, including any profiles, accounts, or personalization settings you may have, may not be assigned, delegated, subcontracted, or otherwise transferred by you without our prior written consent, and any attempt to do so will be void and null. We may freely assign these Terms and Conditions of Use, and our obligations and rights hereunder without notice to you, and these Terms and Conditions of Use will continue to be binding on assignees.

3. Waiver and Severability

Our failure to enforce any right or arrangement of these Terms and Conditions of Use will not operate as a waiver of such right or arrangement.

If any arrangement of these Terms and Conditions of Use or the application thereof is held to be unenforceable or invalid for any reason and to any extent, that the arrangement will be considered removed from these Terms and Conditions of Use; however, the remaining arrangements will continue to be enforceable and valid according to the intentions of the parties and to the maximum extent permitted by law. If it is held that any provision of these Terms and Conditions of Use is unenforceable or invalid, but that by limiting such provision it would become enforceable and valid, then such provision will be deemed to be construed, written, and enforced as so limited.

4. Cumulative Rights

The rights of all parties under these Terms and Conditions of Use are cumulative and will not be construed as exclusive of each other unless otherwise required by law.

5. Law and Jurisdiction

These terms shall be governed by, and will be construed under, the laws of the United States of America, without regard to or application of its conflict of law principles or your country or state of residence. All claims, disputes and legal proceedings related to or arising out of these Terms and Conditions of Use or your use of the “PushingDandelions” site or services will be brought exclusively in the federal courts located in the United States of America, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.

Electronic Communications

Electronic communications occur whenever you use the “PushingDandelions” site or services, email communications, posting notices on the “PushingDandelions” site. You consent to receive such electronic communications, including without limitation, all notices, terms, disclosures, and agreements, that have the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.

TERMS + CONDITIONS INFO

Terms and Conditions for PushingDandelions