Terms of Use
Last updated: May 11, 2026
Welcome to alissabirkel.net and the Layered Magic shop. These Terms of Service ("Terms") govern your use of this website and any purchases you make. By using the Site or buying from the shop, you agree to these Terms. If you don't agree, please don't use the Site.
This Site is operated by Birkel Creative, LLC ("I," "me," "we," "us"), an Indiana limited liability company.
For my privacy policy, please go here.
Using the Site
You're welcome to browse, read, and enjoy what's here. Please don't do any of the following:
Use the Site for any unlawful purpose
Attempt to gain unauthorized access to any part of the Site
Interfere with the Site's operation or other users' use of it
Scrape, copy, or reproduce content from the Site for commercial purposes without my written permission
Use any content from the Site to train artificial intelligence or machine learning models without my express written consent
Use the Site in any way that could damage, disable, or impair it
Intellectual property
All content on the Site — including paintings, photographs, writings, sermons, poems, prayers, designs, patterns, and any other creative work — is owned by me (or used with permission of the original creator). This work is protected by copyright and other intellectual property laws.
You may not reproduce, distribute, sell, license, modify, publicly display, or create derivative works from any content on the Site without my prior written permission. This includes both personal and commercial use.
You may:
View and read content on the Site for personal, non-commercial use
Share links to my Site on social media or in personal communications
Quote brief excerpts from my writing with proper attribution
When you purchase an original painting, you own that physical object. You do not acquire the copyright to the image. Reproduction rights (including making prints, putting the image on merchandise, or using the image commercially) remain with me unless we have a separate written agreement transferring those rights.
When you purchase a print, you own that physical print. The same restrictions apply: no reproduction, no resale of digital images, no commercial use.
If you commission a custom piece, the specific terms of ownership and reproduction rights will be set out in the commission agreement we sign together.
Shop terms
Orders. When you place an order, you're making an offer to buy. I accept the offer when I confirm the order and ship it. I reserve the right to refuse or cancel any order for any reason, including pricing errors, unavailability, or suspected fraud.
Pricing. All prices are in US dollars. Prices and product availability are subject to change without notice. If a pricing error occurs, I'll contact you before processing the order.
Payment. Payment is processed through Squarespace's payment system. By placing an order, you authorize the charge to your chosen payment method.
Shipping. I ship from Indianapolis, Indiana. Shipping costs and estimated delivery times are shown at checkout. Once an order ships, delivery times depend on the carrier and aren't something I can control. Risk of loss transfers to you when the carrier takes possession of the package.
Returns and refunds. Original paintings are sold as-is and are not returnable, since each piece is unique. If your piece arrives damaged from shipping, contact me within 7 days of delivery with photos and I'll work with you on a resolution (refund, repair, or replacement, depending on the situation).
Prints and other reproductions may be returned within 14 days of delivery if unused and in original condition. The buyer pays return shipping. Refunds are issued to the original payment method within 10 business days of receiving the return.
Custom and commissioned work is non-refundable once work has begun.
Tip Jar and donations
Contributions through the Tip Jar are voluntary gifts in support of my creative work. They are not tax-deductible (I'm not a 501(c)(3) nonprofit). They are not refundable. Recurring pledges can be canceled at any time through the payment processor.
Speaking, photography, and other professional services
If you book me for preaching, speaking, photography, or other professional services, the specific terms of that engagement will be set out in a separate written agreement between us. These Terms apply to your use of the Site but don't replace the terms of any professional services contract.
User content
If you send me messages through the contact form, post comments (if comments are enabled), or otherwise submit content to the Site, you grant me a non-exclusive, royalty-free license to use that content in connection with operating the Site and my business. You're responsible for the content you submit and confirm that you have the right to submit it.
I may use anonymized excerpts from messages, comments, or other communications in my writing, sermons, or promotional materials (for example, sharing what a client said about working with me). I will not share identifying information without your consent.
Disclaimers
The Site and everything on it is provided "as is" and "as available." I make no warranties, express or implied, about the Site's operation or the accuracy, reliability, or completeness of its content. Use the Site at your own risk.
I don't guarantee that the Site will be available without interruption, that it will be error-free, or that any defects will be corrected.
Content on the Site — including sermons, writings, and any creative work — represents my personal views and creative expression. It is not professional advice (legal, medical, financial, theological, or otherwise). If you need professional advice, consult an appropriate professional.
Limitation of liability
To the fullest extent permitted by law, Birkel Creative, LLC and Alissa Birkel will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or any products purchased through it. My total liability for any claim related to the Site or a purchase will not exceed the amount you paid for the specific product or service in question.
Some jurisdictions don't allow the exclusion of certain warranties or limitations of liability. If you live in one of those jurisdictions, some of the above limitations may not apply to you.
Indemnification
You agree to indemnify and hold Birkel Creative, LLC, Alissa Birkel, and our affiliates harmless from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Site, your violation of these Terms, or your violation of any rights of another person or entity.
Governing law
These Terms are governed by the laws of the State of Indiana, without regard to conflict of law principles. Any disputes will be resolved in the state or federal courts located in Marion County, Indiana, and you consent to the jurisdiction of those courts.
Changes to these Terms
I may update these Terms from time to time. When I do, I'll update the "last updated" date at the top. Continued use of the Site after changes are posted means you accept the updated Terms.
Contact
If you have questions about these Terms, write me a note: alissa.birkel@gmail.com
Birkel Creative, LLC
9801 Fall Creek Road
Indianapolis, IN 46256
