Terms

KinkadeDreamsCollection.com Terms and Conditions

KinkadeDreamsCollection.com is committed to providing you the consumer with the best experience possible in using our website and its services. Access to our site is provided subject to the following terms and conditions:

By using this site you acknowledge that you have read and understand our terms of use and will be legally bound to these terms and to all laws and regulations without modification. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time.

This website and the information it contains are provided as a free service by KinkadeDreamsCollection.com. This site is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution. KinkadeDreamsCollection.com is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.

LIMITATION OF LIABILITY

KinkadeDreamsCollection.com makes no claims, promises or guarantees whatsoever about the accuracy, completeness, correctness or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website. It is possible that the Site could include inaccuracies or errors. In the event that an inaccuracy arises please inform KinkadeDreamsCollection.com so that it can be corrected. No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the contents of this website or its hyperlinks to other Internet resources. Reference in this website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by KinkadeDreamsCollection.com.

Upon entering your information to this site, we will attempt to provide you with a list of service professionals in your area, if any, who may be interested in fulfilling your service need. However, we do NOT guarantee that we will be able to match your service needs with a willing service professional or that there are service professionals in your area that either are capable or willing to complete your service needs. We make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. Your rights under contracts you make with service professionals typically are governed by your state and local laws. In order to provide an optimal forum for service professionals and clients, KinkadeDreamsCollection.com does not involve itself in the agreements between service professionals and clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The User, and not KinkadeDreamsCollection.com, is solely responsible for assessing the capabilities, qualifications as well as the integrity, honesty, and trustworthiness of all persons with whom the User communicates via the Service.

KinkadeDreamsCollection.com does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional. KinkadeDreamsCollection.com does not guarantee or warrant their performance on the job or the outcome or quality of the services performed by any referred individual. The service professionals are not employees or agents of KinkadeDreamsCollection.com, nor is KinkadeDreamsCollection.com an agent of the service professionals. KinkadeDreamsCollection.com does not perform, and IS NOT RESPONSIBLE FOR, any of the services requested by you in your service request. You assume total responsibility and risk for your use of this site and site related services. KinkadeDreamsCollection.com, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, exemplary, punitive, special or other damages arising out of or relating in any way to the site, site-related services and/or content or information contained within the site. Your sole remedy for dissatisfaction with the site and/or site-related services is to discontinue your use of the site and/or services.

Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE KinkadeDreamsCollection.com (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE KinkadeDreamsCollection.com MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.

INFORMATION YOU PROVIDE TO US

Upon using the KinkadeDreamsCollection.com services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our Web site. Some of this information will be sent to service professionals who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For full details on our use of your contact information, please see our PRIVACY POLICY. You agree that by completing a service request, you are entering into a business relationship with KinkadeDreamsCollection.com and its partners and thus agree to be contacted by KinkadeDreamsCollection.com and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge.

LINKS TO THIRD PARTY SITES

The links in the KinkadeDreamsCollection.com Web site will let you leave KinkadeDreamsCollection.com Web site. The linked sites are not under the control of KinkadeDreamsCollection.com and KinkadeDreamsCollection.com is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites, or any service guarantees, claims or warranties advertised on such sites. KinkadeDreamsCollection.com is not responsible for webcasting or any other form of transmission received from any linked site. KinkadeDreamsCollection.com provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KinkadeDreamsCollection.com of the site.

OWNERSHIP

Not all information on this website has been created or is owned by KinkadeDreamsCollection.com. If you wish to use any non-KinkadeDreamsCollection.com material, you must seek permission directly from the owning (or holding) sources. KinkadeDreamsCollection.com shall have the unlimited right to use for any purpose, free of any change, all information submitted to KinkadeDreamsCollection.com via this site except those submissions made under separate legal contract. KinkadeDreamsCollection.com shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided to KinkadeDreamsCollection.com through this site.

COPYRIGHT NOTICE

All pages within our site (“Site”) are the property of KinkadeDreamsCollection.com and/or its affiliates. You may not reprint or republish in any form without the express written permission of KinkadeDreamsCollection.com any portion of the materials on these pages.

TRADEMARK NOTICE

“KinkadeDreamsCollection.com” and the “KinkadeDreamsCollection.com” logo are trademarks and service marks of KinkadeDreamsCollection.com (“KinkadeDreamsCollection.com”). All other trademarks, service marks and logos used in this site are the trademarks, service marks or logos of their respective owners.

INDEMNIFICATION

The User agrees that KinkadeDreamsCollection.com is not responsible for any harm that this service may cause. You agree to indemnify KinkadeDreamsCollection.com, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, loss, liability, demand, damage and expenses including attorney’s fees, made by any third party due to or arising from your use of the KinkadeDreamsCollection.com services or in connection with the KinkadeDreamsCollection.com web site or your violation of these terms and conditions, or arising from your violation of any rights of a third party.

These terms shall be governed and construed in accordance with the laws of New York and any action arising out of or relating to these terms shall be filed only in state or federal courts located in New York and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.

If any of these terms are determined to be illegal, invalid, void or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. A provision thereby stricken shall not affect the validity and enforceability of the remaining terms.

WARRANTY DISCLAIMER

The user expressly agrees that use of the service is at the user’s sole risk. This site, including any content or information contained within it or any site-related service, is provided on an “AS IS” and “AS AVAILABLE” basis with no representations or warranties of any kind, either expressed or implied to the extent permitted by law, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

KinkadeDreamsCollection.com makes no warranty that the service will meet user’s requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does KinkadeDreamsCollection.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. KinkadeDreamsCollection.com Makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by the user from KinkadeDreamsCollection.com shall create any warranty not expressly stated herein.

MODIFICATION TO SERVICE TERMS

KinkadeDreamsCollection.com may make changes to these terms at any time. Please review these terms on a regular basis to ensure that you are aware and are in compliance with the changes made. The User will be responsible for promptly reading and complying with the new terms and conditions. Your continued use of our website after changes are made to the terms of use on the site acknowledges that you accept and agree to be legally bound by the new terms and conditions.

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  • Testimonials

    “The paintings look beautiful in our home - even more so than before, with the highlights completed at the highlighting event making for a marvelous presentation of light. Keep up the great work and we look forward to adding to our collection with pieces from your Gallery!”

    - Michael &Catherine Taeschler

    “Bringing a Kinkade into your home is not just an investment; it is a way to bring light and joy into your life. The paintings are topics of conversation when guests arrive viewing them for the first time or upon subsequent visits searching for the final hidden "N" in the art. You will immediately feel the light and hope of Thomas's work when you place your first Kinkade over the mantel in your living room or when placing your 20th painting in the guest bedroom.”

    J. & S. Milbranet - Limerick, PA

    “I've purchased three paintings from you and always enjoyed wonderful service.”

    K. Adams - Princeton, NJ