TERMS OF SERVICE
Terms of Service
Last Updated: 8-18-2026
Welcome to Blue Kind Art ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website, mobile application, and any other services we provide (collectively, the "Services") and apply to all users, including those who are simply browsing, those who create an account, and those who make a purchase.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.
1. Account Registration and Security
To access certain features, you may be required to register for an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
2. Product Information and Pricing
We strive to display our home decor products with accurate colors, descriptions, and pricing. However, we do not warrant that product descriptions, images, or other content on our Services are accurate, complete, reliable, current, or error-free .
Prices for our products are subject to change without notice. We reserve the right, with or without prior notice, to limit the quantity of any product; to refuse service to any customer; and to discontinue any product at any time. In the event of a pricing error on our website, we reserve the right to cancel any orders placed for that item, regardless of whether the order has been confirmed or your payment method has been charged .
3. Orders and Payment
By placing an order, you are making an offer to purchase the products in your cart. We reserve the right to refuse or cancel any order for any reason, including product availability, suspicion of fraud, or errors in product information or pricing . If we cancel an order after your payment has been processed, we will issue a full refund to your original payment method.
All payments are processed through our third-party payment processor. You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Services.
4. Shipping, Delivery, and Title
We will ship your products to the address you provide during checkout. **Risk of loss and title to the products pass to you upon delivery. This means we are not responsible for any loss, damage, or delay once the product has been handed over to the shipping carrier. Any delivery dates provided are estimates only.
For orders being shipped within Texas, we will comply with all applicable state and local tax laws.
5. Returns and Refunds
Our return policy is incorporated into these Terms. Please review our Return Policy for detailed information on eligibility, timeframes, and procedures. Generally, products must be returned in their original, unused condition with all packaging and tags intact to be eligible for a refund or exchange.
6. User-Generated Content
If you post reviews, comments, photos, or any other content on our Services ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that your User Content does not infringe on the rights of any third party. We are not responsible for and assume no liability for any User Content posted by you or any third party .
7. Intellectual Property Rights
All content included on our Services, such as text, graphics, logos, images, audio clips, digital downloads, and software, is our property or the property of our content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.
8. Third-Party Links and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services . You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
9. Disclaimer of Warranties
THE SERVICES AND ALL PRODUCTS DELIVERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE . WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Blue Kind Art, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT .
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR PRODUCTS PURCHASED VIA THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
11. Indemnification
You agree to defend, indemnify, and hold harmless [Your Store Name] and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party .
12. Governing Law and Dispute Resolution
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions .
Dispute Resolution: Any dispute or claim relating in any way to your use of the Services or products sold will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Denton County, Texas. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
13. SMS Marketing and Communications
If you opt-in to receive SMS/text messages from us, you consent to receive informational and marketing communications. In compliance with the Texas Attorney General’s interpretation of SB 140, our SMS marketing is consent-based and opt-in only . You may opt-out of receiving such communications at any time by replying "STOP" to any message. Message and data rates may apply. We are not liable for any delays or failures in the delivery of any SMS messages.
14. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion . By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
15. Contact Information
Questions about the Terms of Service should be sent to us at:
Blue Kind Art
bluekindart@gmail.com
4708 Woodard Ln. Frisco, Tx. 75036
214-504-5722