Terms of Use

WELCOME TO KENTUCKY ARTS AND GIFTS .COM (THE “SITE”). THIS SITE IS PROVIDED AS A SERVICE TO OUR CUSTOMERS. PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE, WHICH GOVERN YOUR USE OF THE SITE (THE "AGREEMENT"). YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on www.KentuckyArtsandGifts.com (the "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Kentucky Arts and Gifts  ("Kentucky Arts and Gifts ") which operates this Web Site, makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Accuracy of Information
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Your Account
If you use this site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kentucky Arts and Gifts  is not responsible for third party access to your account that results from theft or misappropriation of your account.  Kentucky Arts and Gifts reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Electronic Communications
Visiting www.KentuckyArtsandGifts.com or sending emails to Kentucky Arts and Gifts constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Cancellation / Refund Policy
Requests for cancelation of an order must be received within 24 hours of the order being placed. Orders that are in production or have been shipped CAN NOT be canceled. We Do Not accept returns of personalized, custom, or made to order items for any reason other than manufacturer defect or error. Once these orders are in production they may not be canceled.

The user is responsible to review and check size, color, shipping address, billing, etc, for correctness prior to ordering.  We are not responsible for orders that are placed improperly.  Refer to our complete Shipping and Returns Policy for complete details.

Contests
All contests are governed by this Agreement, the applicable Contest Rules as well as applicable legislation. By participating in a contest through the website, you signify your agreement and acceptance of this Agreement, the applicable Contest Rules as well as applicable legislation.

Gift Registry
By submitting the above information, I, hereby consent to Kentucky Arts and Gifts  ("Kentucky Arts and Gifts ") collecting, using and disclosing personal information relating to my Kentucky Arts and Gifts Gift Registry listing (the "Registry Listing") in order to facilitate the purpose of my Registry Listing, by posting such information on the Kentucky Arts and Gifts  website and disclosing it to any person who accesses my Registry Listing from the Kentucky Arts and Gifts  website and, if requested by me, by selecting such option when creating my Registry Listing, by posting such information on the Kentucky Arts and Gifts  website and therefore disclosing it to any person who accesses my Registry Listing from such website. I understand that my Registry Listing will show my name, alternate name of registrant (if provided by me), co-registrant name (if provided), the city and province in which I reside, the occasion date and a listing of all items which I have registered for at Kentucky Arts and Gifts . If I provide a co-registrant name, I represent and warrant to Kentucky Arts and Gifts that I have all necessary authority and have obtained all necessary consents from such other person to enable Kentucky Arts and Gifts to collect, use and disclose such information for the foregoing purposes. Kentucky Arts and Gifts occasionally uses its list of registrants to send them communications or special offers that Kentucky Arts and Gifts believes may be of interest. By clicking here, I am agreeing that I wish to receive such communications and offers from Kentucky Arts and Gifts, by mail or otherwise.

Wish List
By submitting the above information, I, the Wish List Creator, hereby confirm that I have reached the age of majority in the province in which I reside and consent to Kentucky Arts and Gifts , ("Kentucky Arts and Gifts ") collecting, using and disclosing personal information relating to my Kentucky Arts and Gifts  Wish List (the "Wish List") in order to facilitate the purpose of my Wish List, by posting such information on the Kentucky Arts and Gifts  website and therefore disclosing it to any person who accesses my Wish List from such website. I understand that my Wish List will show my name (Wish List Creator), Alternate Name (if provided by me), Gift Recipient Name, the city and province in which I reside, the Event Date and a listing of all items that I have added to the Wish List at Kentucky Arts and Gifts. If I provide an Alternate Name and/or Gift Recipient Name (which is not my name), I represent and warrant to Kentucky Arts and Gifts that I have all necessary authority and have obtained all necessary consents from such other person to enable Kentucky Arts and Gifts to collect, use and disclose such information for the foregoing purposes and to ship gifts to the Gift Recipient. Kentucky Arts and Gifts occasionally uses its list of Wish List Creators to send them communications or special offers that Kentucky Arts and Gifts believes may be of interest. By creating a Wish List, I am agreeing that I wish to receive such communications and offers from Kentucky Arts and Gifts, by mail or otherwise.

Links to third Party Sites/Third Party Services
www.KentuckyArtsandGifts.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Kentucky Arts and Gifts and Kentucky Arts and Gifts is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kentucky Arts and Gifts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kentucky Arts and Gifts of the site or any association with its operators.  Certain services made available via www.KentuckyArtsandGifts.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.KentuckyArtsandGifts.com domain, you hereby acknowledge and consent that Kentucky Arts and Gifts  may share such information and data with any third party with whom Kentucky Arts and Gifts  has a contractual relationship to provide the requested product, service or functionality on behalf of www.KentuckyArtsandGifts.com users and customers.

No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.KentuckyArtsandGifts.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kentucky Arts and Gifts that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kentucky Arts and Gifts  or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Content is NOT for resale.
Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kentucky Arts and Gifts and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kentucky Arts and Gifts or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by Kentucky Arts and Gifts from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kentucky Arts and Gifts Content accessed through www.KentuckyArtsandGifts.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Wholesale Users
 

Termination / Access Restriction
Kentucky Arts and Gifts reserve the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kentucky Arts and Gifts as a result of this agreement or use of the Site. Kentucky Arts and Gifts performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kentucky Arts and Gifts right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kentucky Arts and Gifts with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kentucky Arts and Gifts with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kentucky Arts and Gifts with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Indemnification
You agree to indemnify, defend and hold harmless Kentucky Arts and Gifts , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KENTUCKY ARTS AND GIFTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KENTUCKY ARTS AND GIFTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KENTUCKY ARTS AND GIFTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABI