Terms and Conditions
Butternut Studio, LLC’s’ 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. The website is owned and operated by Butternut Studio, LLC (“Butternut”).
How and when we collect information. We collect "personal" information from you when you provide it to us. For example, if you purchase a product from us, we may collect your name, mailing address, telephone number, credit card number and email address. If you sign up to receive a newsletter, we will collect your email address. If you take advantage of special services offered by us, we may collect other personal information about you.
What we do with your information. We are committed to protecting your privacy. Under no circumstances do we rent, trade or share your e-mail address with any other company for their marketing purposes without your consent. We use your personal information for internal purposes such as processing and keeping you informed of your order. We also use your personal information for our own internal purposes, such as providing customer support or providing, maintaining, evaluating and improving our products and services. To improve our ability to provide relevant ads across the Internet for our products, we may provide your personal information to our advertising agents to use your information solely for our advertising purposes. You may, from time to time, receive information from us about new features, new services and special offers we think you will find valuable.
We partner with one or more credit card processing companies to assist us in processing your payment.
We may disclose the personal and non-personal information of our customers to any successor-in-interest of ours, such as a company that acquires our business. We may need to disclose your personal information when required by law or when we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.
Your choice to opt-out of certain communications. If you are no longer interested in receiving e-mail announcements and other marketing information from us, please e-mail your request to firstname.lastname@example.org. Please include your complete name, e-mail address and mailing address. Note that you may still receive customer service related communications from us.
We link to other websites. Our website may contain links to websites operated by other companies. We are not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our site and to read the privacy statements of such other websites. This privacy statement applies solely to information collected by our website.
IP address and cookies. We may also collect "non-personal" information from you, such as your browser type, the URL of the previous web site you visited, your ISP, operating system, and your IP address. "Non-personal" information cannot be easily used to personally identify you. We may use your non-personal information to help diagnose problems with our server and to administer our website. Your non-personal information may also be used to gather broad demographic information and to recognize customer traffic patterns and website usage. This information aids us in merchandising and in developing the design and layout of the website.
How we protect your information. The security of your personal information is very important to us.
We follow generally accepted industry standards to protect the personal information submitted to us from unauthorized access or disclosure, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.
License and Website Access. 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
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Electronic Communications. 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 us (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 us. By agreeing to receive SMS messages from us, 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.
Your Account. 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.
Copyright. 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.
Trademarks. 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 Butternut 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.
Copyright & Trademark Compliance; Complaints. 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.
Notice and Procedure for Making Claims of Copyright/Trademark Infringement. If you believe that your work has been copied, distributed or used on the website in a way that constitutes copyright or trademark infringement, please provide written notice of the claim to:
Mary C. Ferguson
Butternut Studio, LLC
1170 Brookgate Way, NE
Atlanta, GA 30319
Reviews, Comments, Communications and Other Content. 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.
Suggestions and Ideas. Visitors may submit suggestions, ideas or questions to email@example.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.
Limitation of Liability. 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 us, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.
Pricing. 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.
Acceptance of Order. 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).
Sales Tax. Items shipped to destinations in the state of Georgia are subject to tax. No sales tax is charged when purchasing gift certificates; however, purchases paid for with gift certificates may be subject to tax.
The following information is provided to purchasers who request items to be shipped to other states other than Georgia. We are not required, and do not collect sales or use tax for your state. Purchases shipped to your state may be subject to use tax unless they are specifically exempt from taxation. Your purchase may not be exempt merely because it is made over the Internet, by catalog, or by other remote means. See your state’s department of revenue or taxation website for appropriate forms and instructions.
Product Descriptions. 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.
Disclaimer. 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. Our products are sold as is without warranty of any kind. We specifically disclaim warranties of merchantability and fitness for a particular purpose.
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. We both 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.
Applicable Law and Jurisdiction. By placing an order with Butternut, you agree that the applicable federal law, and the laws of the state of Georgia, 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 and us and that any dispute will be resolved solely in the state or federal courts of Fulton County, Georgia. Some states do not recognize choice of forum provisions so you will not be bound by this provision if it is prohibited by law.
Severability. 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.