The Singing Songbird Terms of Service

These Terms of Service govern your use of the website located at https://www.singingsongbirdart.com and any related services provided by The Singing Songbird.

By accessing https://www.singingsongbirdart.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by The Singing Songbird.

We, The Singing Songbird, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on June 25, 2024.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer any content, materials and software contained on this website, in whole or in part;

  • remove any copyright or other proprietary notations including attribution from any materials and software on this website;

  • transfer the materials to another person or "mirror" the materials on any other server;

  • knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service The Singing Songbird provides;

  • use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

  • use this website or its associated services in violation of any applicable laws or regulations;

  • use this website in conjunction with sending unauthorized advertising or spam;

  • harvest, collect, or gather user data without the user’s consent; or

  • use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Cecilia Bäumer (“the artist”) and are protected by applicable copyright and trademark law. You agree to abide by all copyright and other proprietary notices and will not make any changes to the content.

Rights to Artwork

All artwork, images, and graphics are the sole property of the artist of The Singing Songbird, and may not be used by any third party without written permission. Copying, distributing, or reproducing artwork by the artist is an infringement of copyright law and is strictly prohibited without express written permission from the artist.

  • The artist retains all rights to all artwork until it has been purchased by a private buyer at which time the buyer receives the right to display the artwork in their home or business.

  • The artist also retains all rights to the images of all current, sold, and commissioned artwork.

  • The Singing Songbird retains the right to make reproductions of any and all artwork created by the artist.

  • Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork. 

  • Any image which includes the artwork in a 3rd party publication (such as social media, magazine, blog, or book) must come with attribution (artwork title, artists name). All other uses must be agreed to in advance in writing. 

Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, The Singing Songbird makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall The Singing Songbird or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if The Singing Songbird or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. The Singing Songbird does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

The Singing Songbird has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by The Singing Songbird of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of USA. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.