Spirit of Horse Policies
Terms & Conditions
Terms & Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the spiritofhorse.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
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Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
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Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time.
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Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
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Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
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Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
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Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics, and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.
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Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
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Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
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Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
artist@spiritofhorse.com
PO Box 1250, Kingston, WA, 98346
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This document was last updated on September 6, 2021 Terms and conditions
Return Policy
Returns are available within 7 days of receipt for domestic (USA) Orders only.
I can honestly say that no one has ever returned a print. However just so you can rest easy, we do allow for returns. However, if you wish to return a print purchased on Spirit of Horse.com, these conditions apply:
Please Contact Us if you wish to discuss returning your print.
To be eligible for a return, your print must be returned to us in the same condition that you received it. It must also be in the original packaging.
Because your print has been made to order from our manufacturer, a *restocking fee amounting to 20% of the print cost will be deducted from your refund. In addition, shipping costs are non-refundable.
Please do not send your print back to the manufacturer.
Ship your return to: Spirit of Horse Gallery, PO Box 1250 (if shipping USPS), or 27357 Ohio Ave NE (If shipping ground) Kingston, WA 98346
Refunds (if applicable) 
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If we approve your refund, it will be processed, minus the restocking and shipping fees, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Damage, Loss, or Theft
We insure your package with the shipping service to cover the manufacturing cost of the item, but not necessarily your purchase price. If the print and package is damaged, you will need to provide photos or documentation so we can help you process a claim.
Handling of Your Damaged Print: We will trust you to gently discard the damaged print in a way that seems respectful to you. (Perhaps a fire ceremony?)
If you wish to us refund your damaged print order, we are happy to do so once your claim is approved by the shipping service.
If your package is lost or stolen, we will work with you and the shipping service to track your package. Please check your confirmation email to ensure you input the correct shipping address.
If you want to exchange your damaged, lost, or stolen print for the same item, please Contact Us. Once your claim has been approved, we will arrange for your new print to be created and re-shipped.
Please email artist@spiritofhorse.com if you have any questions about your order, and we will happily work with you to sort out any issues.
Terms & Conditions for Inspirations Subscription
This Terms of Use sets forth the standards of use of the Spirit of Horse Inspirations Subscription, (referred to herein as SOH Gallery or SOH Inspirations, which is an electronic internet subscription service for registered users ("Subscriber(s)" herein).
1. Description of Service and Use Restrictions
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A. Service
In exchange for a yearly subscription fee to be paid by Subscriber, SOH Inspirations herein provides access to Members Only pages on the SOH website enabling Subscribers to download Poetry art files, screensavers, wallpapers, ebooks and/or any other virtual products that may be offered currently or in the future on the SOH Website. Spirit of Horse Gallery retains ownership of the artwork and poetry Inspirations, and grants the Customer the intangible right to use the virtual products and images for personal enjoyment. All content and materials on the SOH Website are copyright-protected (see paragraph 2), and neither Subscribers, Users nor Visitors have the right to use or distribute any content on the SOH Website except for viewing or sending electronic copies of downloads, as set forth herein, or by other means unless herein expressly provided.
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B. Binding
All Subscribers/Users/Visitors agree to be subject to and bound by the terms and conditions set forth in this Terms of Use document, and in the general Terms of Use as provided on the SOH Website.
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C. Membership Fees, Payments and Renewals
If you decide to become a member of the SOH Inspirations, you agree to pay an annual membership fee, in order access as many of the weekly downloads you would like for your personal enjoyment, subject to these Terms of Use. SOH reserves the right to increase the subscription fee annually, however, you will enjoy the rate at which you subscribed for the term you elected.
SOH website will automatically renew your membership and service options unless you cancel.
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D. Access Restrictions
Subscribers/Visitors/Users may use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, and/or post Inspirations expressly as they are created and presented with the Inspirations logo watermark and title and copyright credit intact.
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Subscribers/Visitors/Users have the right to display the artwork and poetry in their home or business but retain no other rights to the artwork.
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Except as expressly provided herein, Subscribers/Visitors/Users may not sell, license, transmit, disseminate, redeliver using "framing technology," otherwise distribute, or commercially exploit in any way the SOH Inspirations or Website or any portion of or information on the SOH Inspirations or Website, without the prior written permission of Spirit of Horse Gallery.
Subscribers will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the SOH Inspirations or website. SOH content is not for resale. Subscribers use of the Site does not entitle them to make any unauthorized use of any protected content, and in particular subscribers will not delete or alter any proprietary rights or attribution notices in any content. Protected content is solely for personal use, and will make no other use of the content without the express written permission of Kim McElroy. SOH Gallery does not grant subscribers any licenses, express or implied, to the intellectual property of Spirit of Horse Gallery except as expressly authorized by these Terms.
Violations of these Terms of Use on the SOH Inspirations will not be tolerated and may result in your being blocked from further use of the SOH Inspirations. If you are a Subscriber of the SOH Inspirations and you violate any of these Terms of Use, Spirit of Horse Inspirations and the SOH Website may disable your subscribership without notice and without compensation or refund.
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2. Copyright Information
All content included or available on the SOH Inspirations and Website, including without limitation, including artwork, photographs, designs, graphics, images, illustrations, audio clips, animations, text, logos, button icons, software and data compilations; any other products, services or formats, or any improvements or modifications to such content; any derivative works thereof; and the collection, arrangement and assembly of all content on this site; is protected by the United States and international copyright and other intellectual property laws as the copyrighted property of Spirit of Horse Gallery and Kim McElroy. and/or its licensors, i.e.: (1) (c)2022 Spirit of Horse Gallery, and/or (2) the property of Spirit of Horse Gallery and/or third party licensors protected by intellectual property rights, as set forth in Additional Copyright Declarations. Any use of materials on the SOH Inspirations and Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SOH and third-party licensors as Contributing Artists is strictly prohibited. Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of SOH .
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3. Disclaimer of Warranties.
The SOH Inspirations and Website is provided by Spirit of Horse on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, SOH makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. SOH shall have no liability for any interruptions in the use of this Website. SOH disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, in which case the above-referenced exclusion is inapplicable.
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4. Limitation of Liability
SOH SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SOH SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SOH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
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5. Indemnification
Subscriber agrees to indemnify and hold Spirit of Horse Gallery its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Subscriber's use of the Service, the violation of this Agreement, or infringement by Subscriber, or other user of the Service using Subscriber's computer, of any intellectual property or any other right of any person or entity.
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6. Subscriber Account
All Subscribers to the SOH Inspirations Website shall receive a password and an account. Subscribers are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Subscriber agrees to notify SOH Gallery of any unauthorized use of Subscriber's account or any other breach of security known or should be known to the Subscriber. Subscriber's right to use the Service is personal to the Subscriber. Subscriber agrees not to resell or make any commercial use of the Service without the express written consent of SOH Gallery.
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7. Governing Jurisdiction of the Washington Courts
The Spirit of Horse Gallery is operated and provided in the State of Washington. As such, we are subject to the laws of the State of Washington, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the SOH Website you agree to do so subject to the internal laws of the State of Washington.
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8. Compliance with Laws.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the SOH Inspirations in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
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9. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by SOH, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Subscriber. Subscriber agrees that by accepting this Terms of Use Agreement, Subscriber is consenting to the use and disclosure of personally identifiable information and other practices described in our Privacy Policy for navigational functions, recordkeeping, payments and any other SOH internal use necessary to the efficient operation of its services and functions. Spirit of Horse and the SOH Website does not and will not sell or otherwise disclose your personal information or e-mail address to unrelated third parties for any reason other than the unlikely event of a legal compliance issue.
Thank you for subscribing!
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