Welcome to Insomniac Illustrations!

These Terms and Conditions outline the rules and regulations for the use of Insomniac Illustrations's Website, located at www.insomniacillustrations.com.

By accessing this Website, we assume you accept these Terms and Conditions. Do not continue to use Insomniac Illustrations if you do not agree to take all of the Terms and Conditions stated on this page.

Privacy

Your use of the Website is subject to Insomniac Illustrations’s Privacy Policy which governs the Site and informs users of our data collection practices.

Cookies

Our Cookie Policy explains how Insomniac Illustrations uses cookies and similar technologies to recognize you when you visit our Website. It explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases, we may use cookies to collect personal information as we are an E-Commerce Site.

License

Unless otherwise stated, Insomniac Illustrations owns the intellectual property rights for all material on Insomniac Illustrations. All intellectual property rights are reserved. You may access this from Insomniac Illustrations for your own personal use subjected to restrictions set in these Terms and Conditions.

You must not:

• Republish material from Insomniac Illustrations

• Sell, rent or sub-license material from Insomniac Illustrations

• Reproduce, duplicate or copy material from Insomniac Illustrations

• Redistribute content from Insomniac Illustrations

Content

Parts of the Website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Insomniac Illustrations does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Insomniac Illustrations, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Insomniac Illustrations shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Insomniac Illustrations has no obligation to monitor the content, but reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Insomniac Illustrations a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media. Insomniac Illustrations reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, in whole or in part, in Insomniac Illustrations’s sole discretion.

Electronic Communications

Visiting www.insomniacillustrations.com or sending emails to Insomniac Illustrations constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites and Services

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Insomniac Illustrations and Insomniac Illustrations is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Insomniac Illustrations is providing these links to you only as a convenience, and the inclusion of any link doesn’t imply endorsement by Insomniac Illustrations of the site or any association with its operators.

Certain services made available via the Website are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.insomniacillustrations.com domain, you hereby acknowledge and consent that Insomniac Illustrations may share such information and data with any third party with whom Insomniac Illustrations has a contractual relationship to provide the requested product, service or functionality on behalf of the Website users and customers.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these Terms and Conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking Terms and Conditions.

Removal of Links from our Website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to nor are we obligated to respond to you directly.

We do not ensure that the information on the Website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Children Under Thirteen

Insomniac Illustrations does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with permission of a parent or guardian.

International Users

The Website is controlled, operated and administered by Insomniac Illustrations from our offices within the USA. If you access the Website from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Insomniac Illustrations Content accessed through www.insomniacillustrations.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Insomniac Illustrations and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Insomniac Illustrations reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Insomniac Illustrations in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute 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 judgment may be entered upon it in any court having jurisdiction. In the event that 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 in regards to these Terms and Conditions or any disputes arising as a result 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 arbitrations provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collectve actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Insomniac Illustrations agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

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. Insomniac Illustrations and/or its suppliers may make improvements and/or changes in the site at any time.

Insomniac Illustrations and/or its suppliers make not representations about the suitability, reliability, availablity, 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. Insomniac Illustrations 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 merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Insomniac Illustrations and/or its suppliers be liable for any direct, indirect, punitive, incidental, 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 Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Insomniac Illustrations or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental dames, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

Changes to Terms

Insomniac Illustrations reserves the right, in its sole discretion, to change the Terms under which www.insomniacillustratins.com is offered. The most current version of the Terms will supersede all previous versions. Insomniac Illustrations encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Insomniac Illustrations welcomes your questions or comments regarding the Terms:

Insomniac Illustrations

PO Box 3764

Olathe, Kansas 66063

Email address:

cassandrabyard@insomniacillustrations.com

Effective as of August 13, 2022