TERMS AND CONDITIONS
Last Updated: Mar 03, 2023
This document lays out the TERMS AND CONDITIONS between a web site visitor (USER) and End-Vision It! (EVI!) (https://www.end-visionit.com), an e-commerce web site dedicated to the provision of copyrighted, digital artworks for purchase and immediate download. The Owner/Sole Proprietor/Administrator of EVI! is Caroline Agee Williams, Primary Artist
The USER's access and use of EVI! (https://www.end-visionit.com) indicates that the USER agrees with all TERMS AND CONDITIONS contained herein, including EVI!'s PRIVACY POLICY. If the does not agree, the USER must leave the site.
EVI! requires that a USER be at least 18 years of age to submit an order with the prior permission of the SIGNEE of the Payment Vendor of choice (such as VISA, PayPal, etc.).
ALL SALES ARE FINAL. A USER that purchases images from E-VI! agrees that, because of the nature of digital products, there can be no returns or refunds. This includes purchases made by individuals under the age of 18 that did not have prior permission of the SIGNEE of the Payment Vendor that processed the order.
Art is a subjective expression; furthermore; EVI!'s Gallery Catalog and Preview Room offer extensive try before you buy options; therefore, USER agrees that EVI! is not responsible for a USER's dissatisfaction with a purchase(s), and agrees that a purchase(s) is final and unrefundable.
A USER may make up to 5 attempts to download purchased images. If, however, a download fails, please CONTACT US for assistance. If the failure is determined to be the fault of EVI!, EVI! will send an identical file, one time only, to the same e-mail given to process the original order.
A USER cannot share the Download Link without possible copyright infringement.. REMINDER: Download data and i.p. addresses are automatically recorded when a purchase is downloaded.
A USER cannot forward a purchased EVI! image file to any e-mail address that was not used for the original purchase unless it is forwarded to a brick-and-mortar printing service. Online printing services allow image uploads.
EVI! image purchases are made through third party Payment Vendors (such as VISA, PayPal, etc.). The information provided to Payment Vendors is not collected or stored by EVI!, and any dissatisfaction, disagreement, and/or discussion about the purchase between the Payment Vendor and USER will remain between the Payment Vendor and USER. EVI! will not be involved with the process and result in any way, and any resulting expense, even personal injury, will not and cannot be attributed to EVI!, and EVI! will in no way be held responsible and/or accountable.
Personal Information collected by EVI! is used specifically to process a purchase order, and/or to add, by request, USER information to a Mailing List to receive e-mail from EVI! to announce news, sales, price changes, product retirements or additions, and send invoices and confirmation. Information is not shared with any uninvolved 3rd party, and is referenced by EVI! only to bring the purchase process to completion. The Mailing List information may be removed by the USER by selecting the unsubscribe link at the bottom of any Mailing List e-mail received from EVI!, or by requesting removal via the CONTACT US form . For additional information please review EVI!'s PRIVACY POLICY
The USER may unsubscribe from the Mailing List at any time by either clicking the unsubscribe link at the bottom of any e-mail received as Mailing List contact, or by sending a removal request to EVI!'s CONTACT US form. Although EVI! will make every attempt to notify Mailing List contacts of upcoming changes on the EVI! web site, the USER agrees that EVI! reserves the right to make any and all changes on the END-VISION IT! web site, including TERMS AND CONDITIONS and the PRIVACY POLICY without prior notification or consent from any entity, and the notification might be sent after the fact.
Once an image file is purchased and successfully downloaded, EVI! is no longer responsible for it in any way. The responsibility for its storage, safekeeping, and printing is the sole responsibility of the USER, and its damage and/or loss does not obligate replacement by EVI!. Any resulting expense, even personal injury, will not and cannot be attributed to EVI!, and EVI! will in no way be held responsible and/or accountable.
Once an image file is purchased and downloaded, the USER has the right thereafter to print for personal use only any number of copies of any purchased image for the USER or for any number of GIFTEEs as long as any GIFTEE does not pay/repay, in any way or form, the USER for the print(s). Pay/repay voids for personal use only, and gifting becomes a commercial enterprise for which PERMISSION AND LICENSING is required. NOTE: All images printed as "wall art" must display as is the artist's signature and year date without exception. EVI! recognizes that some substrates will require image manipulation that would make the signature and date obtrusive. In that case, EVI! can give permission to credit the artist/year on a less obtrusive area of the substrate (bottom of a mug, etc.). USERs purchase the right to reproduce/print any purchased EVI! image while the image remains the copyrighted, intellectual property of EVI! and cannot be claimed as a creation(s) of any other entity.
Purchased image(s) cannot be used for any commercial enterprise without prior permission and a license. Permission and a license must be obtained from EVI! for each image, per enterprise, per year. An EVI! image reproduced/printed on any substrate and/or in any media form created for profit, requires permission and a license. EVI!, to name a few, considers any created-for-profit brochure, newspaper, journal, bl, vlog, video, photograph, web site, newsletter, magazine, handbook, encylopedia, report, thesis, etc., as commercial enterprises, requiring PERMISSION AND LICENSING. EVI! reserves the right to refuse/revoke permission and/or any license at .EVI!'s discretion, without justification, of what is appropriate or inappropriate use of EVI! images, and the USER agrees not to contest EVI!'s decision. Some reasons follow that will guarantee that EVI! will reject a license request or revoke a license (Revoked licenses are not refundable):
Illegality: An image cannot be included in any material of any sort that promotes, sells, or distributes pornography, violence or hate, or is defamatory.
Political: An image cannot be included in any material of any sort that promotes or defames a political party or politial agenda.
Image Redistribution: A LICENSEE cannot redistribute by any means or require/allow a licensed image file to be downloaded by any other entity.
Controversial Subjects: An image cannot be used to promote or defame any position that can be considered "controversial" (such as abortion rights, gun control, etc.).This does not preclude a group affiliated with a controversial cause, for or against, selling products that display an EVI! image. For example, your group sells items that are imprinted with an EVI! image; however, there can be no promotional or defamational rhetoric about the cause imprinted on the product or its packaging.
Religious: An image cannot be used to promote or defame any particular religion/religious belief. This does not preclude a religious group selling products that display an EVI! image that . For example, your church bazaar sells items that are imprinted with an EVI! image; however, there can be no promotional or defamational rhetoric imprinted on the product or its packaging.
A USER agrees that EVI! will not be responsible for any print made from an EVI! image file, and any dissatisfaction, disagreement, and/or discussion concerning the print(s) will be between the printer and injury, will not and cannot be attributed to EVI!, and EVI! will in no way be held responsible and/or accountable.
Personal Information collected by EVI! is used specifically to process a purchase order, and/or to add, by request, USER information to a Mailing List to receive e-mail from EVI! to announce news, sales, price changes, product retirements or additions, and send invoices. Information is not shared with any uninvolved 3rd party, and is referenced by EVI! only to bring the purchase process to completion. The Mailing List information may be removed by the USER by selecting the unsubscribe link at the bottom of any Mailing List e-mail received from EVI!, or by requesting removal via the CONTACT US form. For additional information please review EVI!'s PRIVACY POLICY.
Any courtesy information such as the PRINTER LIST provided by EVI! is in no way an endorsement of one or another printing service listed, and should a USER select a printing service from the list to print an EVI! image(s), the USER must agree that EVI! will not be involved with the process and result in any way, and any resulting expense, even personal injury, will not and cannot be attributed to EVI!, and EVI! will in no way be held responsible and/or accountable.
EVI! accepts in good faith that an image is in the Public Domain as advertised, and, at times, EVI! relies upon Public Domain images as models for EVI! art. Should a dispute arise about an image's Public Domain origin, the image owner, the Disputant, agrees that EVI! will in no way be held responsible and/or accountable, and any resulting expense, even personal injury, will not and cannot be attributed to EVI!. If the Disputant proves that the image in question did not evolve from Public Domain, EVI! will remove the image from the Gallery Catalog, unless the contestant and EVI! come to an agreement satisfactory to both parties. If a USER has purchased an image proven not to have evolved from Public Domain, E-VI! will refund the cost of the image to the USER, unless the Disputant and EVI! come to an agreement satisfactory to both parties. A Disputant should CONTACT EVI!.
EVI! cannot be held responsible for any Act of God or technical difficulty that interferes with or halts a transaction between EVI! and a USER before a purchase is complete. After service resumes, the USER should try again, or CONTACT EVI! for further assistance.