User Agreement & Terms of Use

Posted March 10, 2024

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE DIGITAL PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION) and our Privacy Policy , AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT. If you do not agree to these Terms of Use and the Privacy Policy, you may not access or otherwise use the Digital Platforms.

Welcome to Creative Elements of Expressions and our digital platform dedicated to the world of art.

The "Creative Elements of Expressions’" digital platforms, collectively referred to as the "Site," consist of various web pages operated by Creative Elements of Expressions. Your access and use of the Site are subject to the terms, conditions, and notices outlined herein (referred to as the "Terms"). By using the Site, you agree to abide by these Terms. It is important to carefully read and retain a copy of these terms for your reference.

These Terms of Use establish the agreement between you and Creative Elements of Expressions (“Creative Elements of Expressions” or “CEE” or “we” or “us” or “our”) and govern your usage of the Creative Elements of Expressions’ website, accessible at www.CreativeElementsofExpressions.com, as well as the websites (desktop or mobile) and/or applications for mobile and tablet devices associated with Creative Elements of Expressions (referred to collectively as the “Digital Platforms”).

For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your purchase through the Creative Elements of Expressions’ Digital Platforms will be governed by the applicable Terms of Sale.

We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on the Creative Elements of Expressions’ Websites. It is your responsibility to periodically check the Terms of Use. You will know if these Terms of Use have been revised since your last visit to the Digital Platforms by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS.

  • To use the Site, you must be at least 13 years old. If you are a minor, your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Site with permission. By using the Site, you represent and warrant that: (A) All information submitted during account registration is truthful and accurate, (B) you will maintain the accuracy of such information, and (C) your use of the Site does not violate any applicable law or regulation. Your profile and account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

  • Users are responsible for their use of the Site and our goal is to create a positive, useful, and safe user experience. Prohibited conduct includes violating laws, infringing on intellectual property rights, posting objectionable content, engaging in solicitation, using automated means to access the Site, or other harmful conduct is a violation of use and may result in consequences.

    We strive to create a positive user experience and to achieve this, certain kinds of conduct may be harmful to other users or to us and are prohibited. When you use the Site, you may not engage in:

    • Violating any law or regulation.

    • Infringing upon or misappropriating others' intellectual property, privacy, publicity, or legal rights.

    • Posting illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or objectionable content.

    • Submitting unsolicited or unauthorized advertising or commercial communications, such as spam, promotional materials, junk mail, or chain letters.

    • Advertising to, or soliciting, users to buy or sell any products or services without explicit consent.

    • Submitting content related to multilevel marketing schemes, pyramid schemes, or off-topic content.

    • Engaging in spidering, harvesting, or using software, including spyware, to collect data from the Site.

    • Altering or tampering with Site contents, information, or materials.

    • Transmitting viruses, malicious code, or other means to disrupt, damage, or interfere with computer systems.

    • Posting or transmitting communications or solicitations to obtain passwords, accounts, or confidential information from users.

    • Disrupting, overwhelming, attacking, modifying, or interfering with the Site, its software, hardware, or servers.

    • Taking actions that impose an unreasonable or disproportionately large load on our infrastructure.

    • Impeding or interfering with others' use of the Site.

    • Abusing, defaming, threatening, intimidating, stalking, harassing, or harming individuals.

    • Impersonating any person or entity or engaging in fraudulent activities such as phishing.

    • Using robots, spiders, scrapers, or automated means to access the Site.

    • Scraping or crawling web pages on the Site.

    • Attempting to circumvent technological measures to protect or restrict access to the Site.

    • Deciphering, decompiling, disassembling, or reverse engineering the software or underlying code.

    • Advocating, encouraging, or assisting any third party in the above activities.

    Violations may result in consequences, including access termination. Ensure your use aligns with these guidelines for a positive and safe experience.

  • These Terms of Sale constitute a legally binding agreement between you and Creative Elements of Expressions. By initiating a purchase with us, you expressly agree to comply with and are bound by these terms. We recommend a thorough review of the following conditions before proceeding with your order. Should you have any inquiries, our Client Service team is at your disposal.

    In making a purchase on Creative Elements of Expressions, you acknowledge and agree that you are responsible for providing accurate and current payment information, including valid credit card, debit card, or other electronic payment details required for completing the transaction in US currency. Any discrepancies in payment information may result in delays or the cancellation of your order. Please ensure the provided payment details are up-to-date and accurate to facilitate a smooth and successful transaction process.

    To prevent fraudulent activities, it is essential to safeguard your payment information. Creative Elements of Expressions employs industry-standard security measures, but customers are encouraged to take appropriate steps to protect their personal and financial details. If you suspect any unauthorized use or fraudulent activity, please contact our customer support immediately for prompt assistance. Your cooperation in maintaining the security of your payment information contributes to a safe and secure shopping environment for everyone.

    ACCEPTANCE OF TERMS: By placing an order with Creative Elements of Expressions, you agree to these Terms of Sale. Please read carefully:

    • Product Information: We make every effort to display accurate product images and descriptions. Our glass art pieces are crafted with precision and care, displaying the unique beauty of the artistic creations. Please be aware that minor variations, including the presence of bubbles and subtle color differences, may occur as natural aspects of the artistic process. These variations contribute to the individuality of each piece, ensuring you receive a one-of-a-kind work of art. Your appreciation of these inherent subtleties is integral to the charm and character of our glass art collection.

    • Order Confirmation: Once your order is placed, you will receive an email confirmation with details of your order. This email does not guarantee product availability.

    • Pricing: Prices are as displayed on our website and are subject to change without notice. All prices are in United States (US) Currency.

    • Payment: Payment is required at the time of placing an order. We accept most major credit cards and bank debit cards (Visa, Mastercard, American Express, Discover, Diners Club), digital wallets (Google Pay, Apple Pay, Microsoft Pay), and Paypal. All available payment options will be listed at the time of checkout. Your order will be processed upon payment confirmation.

    • Shipping: Shipping costs and delivery estimates are outlined during the checkout process. International clients may contact our Client Service team to discuss potential purchasing, taxes, duties, and shipping requirements.

    • Order Changes and Cancellations: Once an order is placed, changes or cancellations may not be possible. Contact our Client Service team for assistance.

    • Returns: Refer to our Returns Policy for information on returns, eligibility, and the process.

    • Limited Liability: Our liability is limited to the purchase price of the product. We are not responsible for any consequential, indirect, or incidental damages.

    • Force Majeure: We are not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control.

    • Governing Law: The Terms of Sale are governed by the laws of the State of Oregon. Please refer to our Dispute Resolution policy for more information.

    • Modifications: We reserve the right to update or modify these Terms of Sale at any time. Check the terms periodically for changes.

    • Contact Information: For questions or concerns regarding your order, contact our team at ClientServices@Creativeelementsofexpressions.com.

  • We value your comments and feedback regarding our Site, products, and services. While we welcome your input, we do not accept confidential or proprietary information. All comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed or offered to Creative Elements of Expressions through the Site or otherwise (collectively, "Comments") are not confidential. By providing Comments, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to exploit the Comments for any purpose, including improving the Site and creating other products and services.

    • User Content: Certain features of the Site allow users to upload, submit, and post content, known as "User Content." Users retain copyright and other proprietary rights in their User Content. Creative Elements of Expressions does not endorse or support User Content and disclaims any liability associated with it. Users are solely responsible for the consequences of providing User Content, affirming that it does not infringe on third-party rights and adheres to appropriate standards.

    • License to Your Content: By providing User Content, you grant Creative Elements of Expressions an unrestricted, perpetual, irrevocable, royalty-free license to use, copy, distribute, reproduce, modify, adapt, publish, translate, transmit, publicly perform, and publicly display the User Content. Users also grant other users a non-exclusive license to access and use the User Content as permitted by these Terms and the Site's functionality.

    • Sole Discretion to Edit or Screen Content: Creative Elements of Expressions does not review all User Content and is not responsible for its content. We reserve the right to review, screen, remove, edit, move, delete, or block any User Content at our sole discretion, without notice. While providing the ability to view and distribute User Content, we assume no obligation or liability relating to its contents or activities on the Site.

  • The Site may include links to other websites ("Linked Sites"). Certain services available via CEE Site are provided by third party organizations. By using any product, service, or functionality originating from the Site, you acknowledge and consent that CEE may share such information and data with any third party with whom CEE has a contractual relationship to provide the requested product, service, or functionality on behalf of CEE users and customers. These Linked Sites are beyond the control of CEE, and we are not responsible for their contents, including any link contained in a Linked Site, or any changes or updates to a Linked Site. The inclusion of these links is solely for your convenience, and it does not imply endorsement by CEE or any association with its operators.

    The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of Creative Elements of Expressions' Site (collectively, "Contents") are protected by copyright, trademark, or other intellectual property rights. All Contents are owned, controlled, or licensed by Creative Elements of Expressions. Any use of the Contents without our express written consent is prohibited. We reserve all rights to the Contents not granted expressly in these Terms. Any material downloaded using the Site is at your own discretion and risk, and you are solely responsible for any resulting damage or loss of data.

  • All content included in the service, such as text, graphics, logos, images, and software, is the property of Creative Elements of Expressions or its suppliers, protected by copyright and other intellectual property laws. Users agree to observe and abide by all copyright and proprietary notices in the content and refrain from making any unauthorized changes.

    Users will not modify, publish, transmit, reverse engineer, create derivative works, or exploit any content on the Site for resale purposes. The use of the Site does not grant users any unauthorized use of protected content, and users must not delete or alter any proprietary rights or attribution notices.

    Protected content may be used solely for personal use, and users agree not to make any other use of the content without express written permission from Creative Elements of Expressions and the copyright owner. Users do not acquire ownership rights in any protected content, and no licenses, expressed or implied, are granted to the intellectual property of Creative Elements of Expressions or its licensors, except as expressly authorized by these Terms.

  • All content included on the website is the property of Creative Elements of Expressions and protected by U.S. and international copyright laws. The compilation of content is the exclusive property of Creative Elements of Expressions. Users are granted permission to electronically copy and print hard copy portions of the website for the sole purpose of placing an order.

    Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the content is prohibited.

  • All trademarks, logos, service marks, and trade names are proprietary to Creative Elements of Expressions or its suppliers. Artists have granted Creative Elements of Expressions the right and license to use such intellectual property.

  • Creative Elements of Expressions celebrates the profound diversity and individuality inherent in each of our artistic creations. The intrinsic uniqueness of every piece means that exact reproduction may not be possible.

  • Our Client Service department will assist you and address any concerns you may have. Simply send us an email at ClientServices@Creativeelementsofexpressions.com.

  • Creative Elements of Expressions is committed to ensuring your satisfaction with our art pieces. If you receive a product that does not meet your expectations, we offer a hassle-free refund process. Simply contact our customer support within 10 days of receiving your order, and we will guide you through the return and refund procedure.

    REFUND/RETURN TERMS AND CONDITIONS

    Our goal is to make your art experience enjoyable and worry-free. If your purchase does not meet your expectation or was damaged upon receiving the item, please contact our team for assistance at: ClientServices@Creativeelementsofexpressions.com.

    The following provides an overview of our refund and return terms and conditions:

    • Eligibility: Returns are accepted within 10 days of receiving your order. To be eligible, items must be unused, in their original condition, and in the original packaging.

    • Initiating a Return: Contact our Client Service team to initiate the return process. Please provide your order number, details of the item(s) being returned, and the reason for the return.

    • Return Authorization: Once your return request is approved, you will receive a Return Authorization (RA) number and instructions on how to return the item.

    • Packaging: Ensure the item is securely packaged to prevent damage during transit. Include all original packaging, tags, and accessories.

    • Shipping Costs: Customers are responsible for return shipping costs unless the return is due to an error on our part, a defective item or breakage occurring during shipping.

    • Inspection and Processing: Returned items will be inspected upon receipt. Refunds or replacements will be processed within fourteen (14) business days of receiving the returned item.

    • Refund Options: Refunds will be issued to the original payment method. If the original method is unavailable, store credit or an alternative payment method may be offered.

    • Non-Returnable Items: Certain items, such as personalized or custom-made products, are non-returnable unless defective or damaged.

    • Defective or Damaged Items: If you receive a defective or damaged item, contact Client Service immediately. Provide photos of the item and packaging for assessment.

    • Exchanges: We do not offer direct exchanges. To replace an item, follow the standard return process and place a new order.

    • Cancellation of Return: If you wish to cancel a return request, contact Client Service within 24 hours of initiating the return.

    • Modification of Policy: We reserve the right to modify this Returns Policy at any time. Please review the policy periodically for updates.

  • Consumers and users agree to indemnify, defend, and hold harmless Creative Elements of Expressions, its officers, directors, employees, agents, and third parties, for any and all losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of the users use of or inability to use the Site, any user postings made by a user, your actions of violating any Terms of this Agreement or your violations of any rights of pertaining to a third party, or violation of any applicable laws, rules, or regulations. Creative Elements of Expressions reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by a consumer or user, in which events you will fully cooperate with Creative Elements of Expressions in asserting any available defenses.

  • In the event the parties are not able to resolve any disputes between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising because of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

  • Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PRECEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Creative Elements of Expressions parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representation or class proceeding.

  • 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. CREATIVE ELEMENTS OF EXPRESSIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

    CREATIVE ELEMENTS OF EXPRESSIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABLILITY, RELIABLILITY, AVAILABLILITY, 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. CREATIVE ELEMENTS OF EXPRESSIONS 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 MERCHANTABLILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREATIVE ELEMENTS OF EXPRESSIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCEDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABLILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CREATIVE ELEMENTS OF EXPRESSIONS OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.