Terms and Use
These Terms of Use were last updated on July 22, 2011.
Agreement to Terms of Use
Your access to, and use of, this site and the company’s services are subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the site and/or the company’s services, you are agreeing to comply with and be bound by these Terms of Use without modification of the terms, conditions and notices contained herein. If you do not agree and accept these Terms of Use, without limitation or qualification, please exit the site and/or do not use our services.
The terms ‘company’, ‘us’, ‘we’ and ‘our’ refer to the owner of this site and provider of the services described herein, also known as Ketuv LLC. The term ‘you’ and ‘customer’ refers to the user or viewer of our site and user of the services described herein.
Agreement to other Terms on Site
Ketuv maintains other policies, guidelines, and requirements posted on the Site from time to time [including without limitation, hyperlinks]. We expect that you will, and you agree to, abide by any other requirements posted on the Site. Your use of the Site is subject to all of these policies, guidelines, and other requirements which are incorporated into these Terms.
Placing an Order for Editioned Work
To purchase a limited edition work, please add an item from our shop to your shopping cart. Please note that in buying a limited editioned artwork, you are not purchasing the copyright to this work.
Shipping & Returns
Shipping
- FedEx is Ketuv’s exclusive shipping partner, as we feel it provides the best combination of cost efficiency and reliability. The tracking system is easy to use and the likelihood of your ketubah being lost or damaged is minimal. All of our ketubahs are shipped FedEx 3-day express, to minimize the likelihood of damage.
- Turnaround time on a limited edition print that does not require any customization is typically 10 business days, but can be longer for prints that require custom text. Order your ketubah early!
- You may notice that our shipping fee is slightly higher than FedEx’s standard 3-day express fee as it includes our handling fee. Handling costs cover the packing materials and the labor required to carefully pack and protect your work.
- We require an indirect signature upon receipt of a Ketuv ketubah to ensure safe delivery. This means that you don’t have to sign for it personally, but a human being does have to accept the package. If you don’t live in an apartment building with a front desk, and/or if no one is home during delivery hours, we suggest shipping to your work address.
Returns
- Unfortunately, your ketubah is non-refundable or exchangeable solely on the basis of a change of heart, so choose wisely.
- If your limited edition print arrives damaged: We pack our limited edition ketubahs carefully, and ship using FedEx’s 3-day express service, therefore prints rarely get damaged. However, if a print does arrive damaged, it is the customer’s responsibility to send Ketuv images of the damaged artwork and packaging along with a detailed description of what is wrong with the ketubah within 72 hours of receipt. Ideally, the customer should photograph a dented or damaged package before opening the package if they suspect that there is damage to the ketubah. If Ketuv sees potential in a claim, we will, in turn, file an insurance claim with FedEx to cover the return of the damaged artwork (which Ketuv will destroy), as well as the production of a new ketubah, which will be promptly shipped to the customer. You cannot exchange your damaged ketubah for a different ketubah product, but only for a new ketubah from the same limited edition run.
- If your custom ketubah arrives damaged: Custom work is not shipped from our printing center, but rather from the home or studio of your commissioned artist. All of our artists have been briefed in the best packing practices and are required to use FedEx Express for shipping. We trust our artists and FedEx to protect your ketubah, but please know that shipping artwork is always a risk. If your custom work arrives damaged, you must send Ketuv images of the damaged artwork and packaging along with a detailed description of what is wrong with the ketubah within 72 hours of receipt. Ideally, the customer should photograph a dented or damaged package before opening the package if they suspect that there is damage to the ketubah.
- If the damage was due to the work not being packed properly, then Ketuv will help you negotiate proper compensation with the artist. If the damage was due to the work not being handled properly by FedEx, we will file a claim with them for compensation. Please note that FedEx does not insure artwork with a value over $1,000, and that is the ceiling of what you can expect to be reimbursed.
- Ketuv is currently working to establish relationships with third-party insurance companies. If you would like to engage a third-party insurance company to cover your artwork, we can make recommendations to you.
Placing an Order for Custom Work
To begin the process of purchasing a custom ketubah, please fill out the custom inquiry form. Please note that even though you are commissioning a custom work, the artist retains the copyright to the work. Also, please be aware that the terms of the custom commission, including but not limited to: price, shipping instructions, time frame, text application, and process will be determined by the custom contract, generated for each individual work and agreed upon by you and the artist. A custom commission will not be undertaken until a custom contract has been signed. A custom contract is binding under the terms laid out between you, the artist, and Ketuv.
Paying for Orders
Ketuv will use one or more third parties to process payments for purchases that you make on the Site. Such third parties have separate terms and conditions of use that you must agree to as part of the checkout process. We are not responsible for their terms and conditions of use or for the security or privacy of any credit card or other personal information that you submit through such third parties.
Your Activities
You are solely responsible for your conduct and activities on Ketuv regarding:
Re-Posting: We encourage you to post Ketuv images to outside websites through the share links. This use is accepted. Any page on other websites which display images by Ketuv artists or from the Ketuv website must provide a link back to Ketuv from each photo to its photo page on Ketuv.
User Conduct: Do not be unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person. Ketuv will not tolerate users that threaten, impersonate, abuse or harass our artists, or act in any way that is outside of these Terms or the spirit of Ketuv.
Disclosure regarding Artists’ Personal Portfolios
Our artists make work that’s not on this site. We’re not responsible for this. If the prior work of the artist of your ketubah is important to you, please research the artist before placing an order.
Privacy
Ketuv takes your privacy seriously. Ketuv promises never to share your personal information with anyone. The only circumstance where Ketuv will share your information is if you plan to commission a custom work, in which case, Ketuv will share your information with the artist who you plan to commission.
Remember, as stated above, we do not process your financial or payment information. You should refer to the Terms and Conditions of our provider for how they will handle your credit card and other important information.
Ownership of Content
All content included on this site, including, without limitation, text, graphics, logos, images and software, is the Company’s or our licensors’ property and is protected by United States and international copyright laws. Your use of any content, except as provided in these Terms of Use, without the written permission of the content owner, is strictly prohibited.
If you are an artist or other copyright owner, and you think that something on Ketuv violates your rights, please contact us at info@ketuv.com
Electronic Communications
When you visit the site or send emails to us, you are communicating with us electronically. Additionally, we will communicate with you by e-mail and you hereby consent to receive communications from us electronically.
Disclaimer of Warranties and Exclusion of Liability
All content is subject to change and is provided to you on an “as is” and “as available” basis, without any warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, the Company neither represents nor warrants that the content will be accurate, complete or up-to-date nor that your use of the content will not infringe the rights of third parties. The Company shall have no liability for any interruptions in the use of this site.
Your use of the site and our services is at your own risk. The Company and its affiliates and agents shall not be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of this site or content or services whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.
Please note that certain jurisdictions may not allow disclaimer of implied warranties or the exclusion or limitation of certain damages, so some of these exclusions may not apply to you.
Applicable Law and Disputes
By visiting this site, you agree that the laws of the State of New York, without regard to principals of conflict of laws, will govern these Terms of Use and any dispute of any sort that may arise between you and the Company.
Any dispute relating in any way to your use of the site or to the services sold by the Company shall be adjudicated in an appropriate state or federal court located in New York, New York, and you consent to exclusive jurisdiction and venue in such courts.
Changes to Terms of Use
We reserve the right to amend or update these Terms of Use at any time. When we do, we will also revise the “updated” date at the top of this page. We encourage you to periodically review these Terms of Use. Your continued use of service constitutes your agreement to these Terms of Use and any amendments or updates.