TERMS AND CONDITIONS OF USE
TERMS & CONDITIONS OF USE
Thank you for visiting the art & eden, PBC website. The www.artandeden.com website (the “Website”) is owned and operated by art & eden, PBC. (“art & eden” or “we”). art & eden wants you to enjoy and feel comfortable with your use of the Website, and therefore we have set forth in these Terms and Conditions of Use Agreement (the “AGREEMENT”) important rules and information that apply to your access and use of the Website. This Agreement applies to all visitors, users, and others who access and/or use this Website and the services offered by art & eden (“User” or “You”). As used in this Agreement, “Affiliates” means parent, subsidiaries, affiliates, directors, officers, employees, consultants, agents and other representatives, of art & eden.
Please carefully read the following the Agreement as you must agree to these terms as a condition of accessing and using this Website
1. ACCEPTANCE OF TERMS AND CONDITIONS OF www.artandeden.com
Changes in laws, rules, company policies and product offerings my necessitate changes to this Agreement, and therefore we reserve the right to amend them at any time by publishing a notice of the amended terms and conditions on the Website prior to the changes taking effect; provided, however, that no notice shall be required for non-substantive changes to the Agreement. Your continued access of the Website after any change to this Agreement constitutes your acceptance of the new Terms and Conditions of Use Agreement. If you do not agree to any of the terms contained in this Agreement or any future Terms of and Conditions of Use Agreement, do not use or access (or continue to access) this Website. We may, at any time and without liability, modify or discontinue all or part of the Website (including access to the Website via any third-party links) or Services; change, modify or waive any fees required to use the Website or Services; or offer opportunities to some or all Website/Services users.
2. art & eden SERVICES
art & eden is a children’s clothing company, providing apparel and other merchandise that are better for the planet, better for the people who make them & better for the people who wear them. (collectively, the “Services”).
art & eden may conduct sweepstakes or promotions from time-to-time. The rules governing sweepstakes will be posted here and any rules regarding specific promotions that may be offered will be posted on the Website.
Although we cannot guarantee that all features and functions on the Website will be accessible to all persons with disabilities, we have sought to make the Website a shopping destination that all our customers can enjoy. If you have any comments about how we can improve the accessibility of the Website for persons with disabilities, we invite you to send your ideas to email@example.com. While we may not adopt your suggestions, we certainly will consider them seriously as we want to improve the experience of all our customers using this Website.
5. LICENSE AND ACCESS
a. Intellectual Property Rights
Unless otherwise indicated, art & eden or its licensors holds the copyright to all materials on the Website, including without limitation, materials, photographs, text, graphics, logos, icons, images, content, tutorials, white papers, audio/visual clips and design. Additionally, art & eden owns the “art & eden” trademark and all of the other trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Website, unless otherwise noted.
You acknowledge and agree that the content presented to you or made available to you is the property of art & eden or its content suppliers, and is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws of the United States and other countries. Further, the compilation of all content included in or made available through the Services is the exclusive property of art & eden and is protected by the copyright laws of the United States and other countries.
Without the express consent of art & eden, no material from the Website (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or otherwise commercially exploited in any manner. Any unauthorized use of materials contained on the Website may violate copyright, trademark and other laws. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Website.
Subject to your compliance with this Agreement, art & eden or its content providers, grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services and content on the Website, provided that (i) any copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to art & eden or the content provider and provide a reference to the Website, (iii) the material must be printed in its entirety without modification, and (iv) if you combine our materials with other materials, you must clearly designate which portion of the complete work is art & eden's material. This license does not include any resale or commercial use of any of the Services, or its contents; any derivative use of any of the Services, the Website or its contents; any downloading or copying of any content of art & eden or third parties for the benefit of another company, business or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by art & eden or its licensors, suppliers, publishers, rights holders, or other content providers. You may not misuse the Services, and may only use them as permitted by law. The licenses granted by art & eden under this Agreement and your access and use of the Website/Services terminate automatically if you do not comply this Agreement and may result in the infringement of the copyrights and/or trademarks owned by art & eden or its licensors.
c. Restrictions on Use.
We have the right to prohibit any conduct that, in our sole discretion, we determine constitutes the improper use of, or restricts or inhibits others from using, the Website or Services. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You assume all knowledge of applicable law and are responsible for compliance with any such laws.
Some of the Services may require you to create an account and set up a user profile, and some of the Services may require you provide additional, specific information. You agree to provide accurate and complete information when creating the account and update this information as necessary to maintain its accuracy. We reserve the right to refuse to activate your account, terminate accounts, reclaim usernames, refuse your access to any Services or features on the Website, remove or edit content, or cancel any Services for any reason and in our sole discretion.
We may contact or communicate with you (on behalf of art & eden or a third party) using the information you provide us upon registration or creation of your account with art & eden. You consent to such communications and contacts from art & eden through any contact information provided by you, including email addresses, postal addresses, phone numbers and mobile numbers.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You shall notify us if your account has been compromised or your password has been stolen or disclosed without your authorization.
This Website is not for use of individuals under the age of thirteen (13). If you are under 18, you may only establish an account with involvement of a parent or guardian. Your parent/guardian must certify that he/she is at least 18 years old, is the parent or legal guardian and must provide his/her contact information. By creating an account for a minor, the parent or legal guardian gives the minor child permission to access all of the Website and the Services. The parent/guardian is responsible to determine whether the Website and the Services and/or information contained on the Website is appropriate for the minor child and whether the minor child should participate in any feature of the Website or Services. We may disclose any activity under the minor child's account to the parent or legal guardian.
We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. ORDER AND ACCEPTANCE AND PAYMENT
a. Order and Acceptance
Each part of an order that you submit through the Website constitutes an offer to purchase merchandise. Your confirmation of the order at the end of the checkout process constitutes your express agreement to accept and pay for the item(s). You will be charged at the time the order is placed rather than following shipment of the order. Only one credit card, debit card other form of payment may be used per transaction (i.e., at checkout). Please understand that any confirmation of the order that you receive from us does not equate to acceptance of the order by art & eden. We are not deemed to have accepted any part of your order until the requested merchandise has been shipped.
b. Order Confirmation/Processing/Tracking
(i) Order Confirmation. You will receive an email confirming your order within 24 hours of checkout. This email tells you that your order was received. If there is an issue with the order, we will let you know by email.
(ii) Order Processing. You will receive an email confirming shipment when your order ships. This email will include a United States Postal Service or UPS tracking number (depending on the type of shipping you have selected at checkout). Please understand that it can take up to 48 hours for US Postal Service or UPS to update the status of your delivery. Orders placed by 10 am Eastern Time will be processed the same day, and orders placed after 10 am Eastern Time will be processed the following business day.
(iii) Tracking Your Order. You can track your order in two ways:
- Check your email. Your tracking number will be in your shipment confirmation email; or
- If you have a registered account on artandeden.com you can check the status of your order any time.
We have the following shipping options:
(i) We offer free shipping on all U.S orders. The order will be sent by standard ground shipping, and you will receive your order in approximately 5-7 business days after processing.
(ii) Expedited Handling Options.
- 2 Day Deliver. If you order by 10am Eastern Time, you will receive your order by end of second business day. If you choose this option a $20.00 fee will be added to your order at checkout.
- Next Day Delivery. If you order by 10am Eastern Time, you will receive your order by end of the next business day. If you choose this option a $25.00 fee will be added to your order at checkout.
Please understand that art & eden is not responsible for any delays in delivery of an order arising through the fault of the shipper or through events over which art&eden has no control (including, but not limited to weather, labor disputes, strikes, and natural disasters)
d. Price of Merchandise/Sales Tax
(i) The price of an item (not including sales tax) will be set forth once the item is placed in your Shopping Bag and prior to final checkout. However, pricing errors may occur on the Website or in the order process, and therefore art & eden reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after checkout, your receipt of an order confirmation or shipping notice from art & eden. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the art & eden website from prices available at retailers selling art & eden products.
(ii) State laws require that we charge applicable sales tax. The applicable sales tax will be added to your order prior to checkout.
e. Special Offers/Coupons
When we have special offers, the coupon code sent via our marketing emails can be applied directly to your order. Simply enter the promotional code in the space provided in the Shopping Bag and hit the "Checkout" button. The value of the promotion will be applied to your total order cost at checkout. It will not appear on a line-item basis.
f. Errors in Billing, Payment, Shipping and Cancellation of an Order.
You are responsible to ensure that all billing information provided is accurate and complete. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. We have the right to request additional information from you prior to accepting or processing an order. art & eden reserves the right to refuse or cancel an order for any reason whatsoever, including without limitation, the availability of the merchandise, inaccuracies, or errors in product or pricing information, delays in shipping, an error relating to the Website, problems relating the credit card or other payment method or issues of fraud. If your order is canceled after your credit card (or other payment account) has been charged, art & eden will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if we cannot process your order for any reason, all or any portion of your order is canceled, or if additional information is required prior to accepting an order.
g. Payment by Credit Card/Debit Card
When you pay for an order using a credit card, art & eden reserves the right to request additional evidence of your billing information. Please note that all payments with a debit card will be processed in the form of credit. If you contest the validity and/or the amount of a charge pertaining to an order from art & eden and you believe it to be fraudulent, then please contact us by email at firstname.lastname@example.org.
art & eden has the right to request a pre-authorization for orders using a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. In the event that your order has been cancelled, any "authorization hold" will drop off of your account within three (3) to five (5) business days.
art & eden DOES NOT CONDONE FRAUD: In the event of any unauthorized use of your art & eden account or an unauthorized PayPal account, credit card charge or debit card charge, you must notify your credit card/debit card company and art & eden as soon as you discover the unauthorized charge. You must also adopt any steps necessary to prevent further unauthorized use of your account or unauthorized charges. If you believe that you have been improperly charged, you must notify us within seven (7) days of any charge by art & eden. Notwithstanding anything to the contrary, art & eden shall not be liable for any unauthorized charges your credit card, debit card, Pay Pal account or any other form of payment. We will fully prosecute any fraudulent activity pertaining to the reversal of a valid charge for an order filed and delivered to the customer.
h. Resale of Merchandise
art & eden is a privately owned brand. In order to protect our intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. We will not accept any order that is deemed to possess characteristics of reselling, and further we reserve the right to cancel any subsequent order from a customer who has been suspected of reselling.
8. CUSTOMER CANCELLATIONS, RETURNS AND EXCHANGES
You may make changes to or cancel your order [at any time prior to processing. To make changes to or cancel your order, please contact art & eden by email at email@example.com.
If your order has been shipped before you notify us of your desire to cancel the order, upon receipt of the merchandise you may send the merchandise back to art & eden for an for refund. Returning your item(s) is easy. Simply affix the Smart Label to the package and either:
(i) send your package to
art & eden Returns Department
℅ Creative Logistics
773 Cranbury South River Road
Monroe Township, NJ 08831, USA
Drop the package off at a USPS location.
(i) Returns must be made within 30 days of your original invoice.
(iii) Return items must be unworn, unwashed, unaltered, and unused with original tags attached.
(iv) All sale items are final sale and cannot be returned or exchanged.
(v) You will be refunded for the purchase price of the merchandise returned, less the $8.00 return fee to cover shipping and restocking costs.
(vi) Refunds will be credited in the same method as was utilized for payment.
(vii) When sending a return, we recommend that you send it using the Smart Label included with the packaging slip. Simply affix the label on the outside of your return package and drop your package of, at your local USPS location. You can track your return by using the tracking number on the Smart Label.
d. Refund Processing Time
Once we receive the returned goods, in their original condition, your original form of payment will be credited within 2 weeks. A confirmation email will be sent to you once your returns have been verified and your refund has been processed. Please note that your banking institution may require additional days to process and post this transaction to your account once they have received the refund request from artandeden.com. We will send you an email once the returned item(s) have been received your refund has been processed.
e. No Exchanges
f. Price Adjustments
Price adjustments are available at artandeden.com within 7 days of original purchase. To request a price adjustment, please contact us at firstname.lastname@example.org
You agree to not use the Services or this Website in any manner that could damage, disable, overburden, or impair the Website or Services or interfere with any other party's use and enjoyment of the Website or Services. You may not attempt to gain unauthorized access to the Website or Services, computer systems or networks connected to the Website or Services, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Website that are contrary to applicable laws or regulations.
10. CONTRIBUTIONS TO art & eden
In addition, you represent and warrant that any Post you make (i) does not contain confidential or proprietary information; (ii) to the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any such Posts; (iii) the Post is not illegal, obscene, pornographic, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, promotes unsafe activity or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"; (iv) you own and have the right to use and give art & eden the right to use and post the Post; (v) art & eden is not under any obligation of confidentiality, express or implied, with respect to the Post; (vi) art & eden may have something similar to the Post already under consideration or in development; (vii) automatically becomes the property of art & eden without any obligation to you; (viii) if you identify yourself by name or provide a picture or audio or video recording of yourself, you authorize art & eden and its Affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses throughout the world, and any such permission cannot be revoked for any reason; and (ix) you may not use a false e-mail address, impersonate any person or entity, post pictures or likenesses of any person without their permission, or otherwise mislead as to the origin or your Post.
You acknowledge that art & eden shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any Post from this Website or a Platform (where capable of doing so). Without limiting the foregoing, we have the right to remove any Post that violates this Agreement or is otherwise objectionable. However, you expressly acknowledge that such Posts and is not responsible for any Posts. By accessing the Website or using the Services, you may come into contact with content (including Posts) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that art & eden shall have no liability with respect to such content or any obligation to remove such content from the Website or Services. If you believe that any Post violates this Agreement or our policies or rules, please contact art & eden at email@example.com immediately so that we may have the opportunity to consider its removal. Again, please understand that we do not have any obligation to remove any Post, and the interpretation of whether any Post violates any of our rules or policies is in the sole discretion of art & eden.
You acknowledge, consent and agree that art & eden may access, preserve and disclose your information and Post if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Post violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of art & eden, its Users and the public.
c. The Communications Decency Act
It is important to understand that under Section 230 of the U.S. Communications Decency Act, art & eden is generally not liable for information provided by a third party, such as the Posts, since the Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
d. User Comments
We appreciate any feedback, comments, suggestions you may provide us regarding art & eden, the Website and the Services, including the merchandise. You agree that we may use your comments to improve art & eden, and further you hereby grant art & eden a nonexclusive, worldwide, perpetual, fully-paid, royalty-free, right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials throughout the world for any lawful purpose, in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. You agree that such comments/feedback are provided by you without the right to demand or require us pay you any fee or other compensation. art & eden shall also have the right disclose any or all of your comments and feedback to any third party for any reason, including without limitation, for the purpose of improving the Website, Services or its social media Platforms. Regardless of whether we use your comments/feedback for any purpose, we do not waive any rights to use similar or related ideas previously known to art & eden, developed by it, or obtained from sources other than you. You understand that your comments/feedback are not subject to any claim by you of confidentiality or other restriction on use.
a. The policy stated herein applies to any Post, regardless of the median through which it is made, which constitutes an endorsement or testimonial of art & eden, its products or services (“Endorsement”). The policy is applicable all persons or organizations, including without limitation, art & eden employees, contractors, agents (including anyone speaking, writing, blogging, posting on any Platform, or otherwise generally endorsing art & eden, its merchandise or services), and any other individual or entity engaged in promotional activities on behalf of art & eden (“Endorser”). Endorsers are responsible for anything they post and may be held personally liable for any claims arising from their Posts deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of art & eden or any third party. In addition, Posts may remain public or may be stored and retrievable, indefinitely.
b. Statements or other claims made by Endorsers in advertising messages or promotional communications about art & eden, its products or services, shall comply with the following rules: (i) Endorsers may only make statements that reflect their honest opinions, finding, beliefs or experiences about their experiences with a product or service personally used, examined or evaluated. (ii) Statements by Endorsers may not be deceptive, misleading or untruthful. (iii) Endorsers must be able to substantiate any claims made about art & eden, its products and services. (iv) All statements must comply with the general rules regarding Posts as set forth in Section 10(b) above. (v) Endorsements by organizations must reflect the collective judgment of the organization. (vi) Endorsers must clearly disclose any material connections to art & eden, namely a relationship that may not be readily apparent but may affect the credibility one would give to the Endorsement.
c. Endorsers who post their own opinions, comments, content or recommendations about art & eden, and/or its products or services, must disclose that their views do not necessarily represent those of art & eden.
12. USE OF WEBLINKS
The Website may provide links that will let you leave the Website to other websites not owned or controlled by art & eden. Please understand that we provide these links to you only as a convenience. The inclusion of (or failure to include) any link does not imply a referral or endorsement by us of that website, nor do we endorse or guarantee references or websites listed, and no unfavorable influence should be drawn from failure of any resource to be listed here. These linked websites are not under our control. We are not responsible for the contents, performance, or privacy practices of any linked website, any link contained in the linked website, or any changes or updates to such websites. Your access and use of these and any other websites including the information, products, and services contained on them, is solely at your own risk.
Any party wishing to link to this Website is entitled to do so provided that: (i) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing; (ii) you do not misrepresent your relationship with this Website; (iii) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party. By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to Cloister as a result of such linking.
art & eden respects the intellectual property of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact us at firstname.lastname@example.org or in writing to the address below.
14. WARRANTY DISCLAIMER
You acknowledge that all materials and information and on the website are provided "as is" for general information only and without warranties of any kind to the full extent permissible under applicable law. Art & eden makes no representations or warranties, either express or implied, of any kind with respect to this website or the services/products, including any information or content and any services/products or materials offered or on the website. We cannot guarantee the continuous operation of or access to our services or website. Art & eden expressly disclaims all implied warranties of any kind, with respect to the services, including warranties of merchantability, fitness for a particular purpose or non-infringement.
We do not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy, availability, legality or non-infringement of any materials or information provided on the website or by the companies or organizations linked or referred to in the website. We may post information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the website are not necessarily those of cloister or endorsed by art & eden.
art & eden and its affiliates, and its and their third-party licensors, disclaim any warranties regarding the security, reliability, timeliness, and performance of the website and services, and with respect to the materials and information available on or through the website. Art & eden and its affiliates, and its and their third-party licensors, disclaim any warranties for services or goods received through or advertised on the website or received through any links made available by art & eden.
You understand and agree that you download or otherwise obtain material or data through the use of the website at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from downloading or obtaining any such material or data.
The website is managed in united states of america. art & eden makes no representation that it operates (or is legally permitted to operate) in all geographic areas. We make no representation that the website, services, products or information found through the website or services is appropriate or available for use in all geographic locations, and accessing the website or services from territories where the content of the website is illegal is expressly prohibited. If you view the website and/or access the services from any country other than the united states of america, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
15 LIMITATION OF LIABILITY
You agree that, to the full extent permissible under applicable law, in no event shall cloister or its affiliates be liable for any damage, loss, cost or expense of any kind arising out of or resulting from:
(a) your access to, use of, or inability to access or use the services and this website;(b) delays or disruptions in the services;
(c) viruses or other malicious software obtained by accessing or linking to the services or website;
(d) glitches, bugs, errors, or inaccuracies of any kind in the services or the website;
(e) damage to your hardware device from the use of any of the services or website;
(f) the content, actions, or inactions of third parties;
(g) a suspension or other action taken with respect to your any account you may create;
(h) your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this user agreement or our policies; or
(i) acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, terrorism, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Regardless of whether such liability is based in tort (including negligence), contract, or otherwise. In no event shall art & eden or any of its affiliates be liable to you for any indirect, special, incidental, consequential or punitive damages (including without limitation, loss of profits, loss of money, loss or corruption of data, loss of goodwill or reputation, work stoppage, computer failure or malfunction, or interruption of business), regardless of whether art & eden or any of its affiliates have been advised of the possibility of such damages.
You waive the ability to assert a claim against art & eden more than one (1) year after the first event or fact that gives rise to the claim. Notwithtanding the above, if art & eden is found liable, our liability to you or to any third party is limited to the greater of the amount you paid to art & eden in the twelve (12) months prior to the action giving rise to the liability, or $100.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you.
You agree to indemnify and hold harmless art & eden and Its Affiliates, licensors, providers and suppliers from all damages, claims or liability, including without limitation, reasonable attorney’s fees, arising out of or related to your access or use of the Website or other websites to which they are linked. You further agree to indemnify and hold art & eden and its Affiliates harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit, modify or otherwise make available through the Website or Services, your use of the Services, your violation of this Agreement, or your violation of any rights of another.
17. CLAIMS OF INFRINGEMENT AND THE DMCA
We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have a policy of terminating repeat infringers' access to the Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Website infringes your copyright, please send art & eden a notification of claimed infringement with all of the following information, you may send Cloister a notice requesting that the material be removed or access to it blocked. The notice must include the following information (as required by 17 U.S.C. § 512(c)(3)(A)): (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website (such as the URL(s) of the claimed infringing material); (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (vi) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998 (the "DMCA") see http://www.loc.gov/copyright for details. We will process all notices of alleged infringement it receives and will take appropriate actions as required by the DMCA and other applicable intellectual property laws. Pursuant to the DMCA, all notifications of claimed copyright infringement should be sent in writing to the following address: art & eden, PBC, attention DMCA Notice, 260 West 39th Street, 10th Floor, New York, New York 10018 or to the following email address: email@example.com.
We may provide you with notices, including those regarding changes to the Agreement, including by but not limited to email, text messages, MMS, postings on the Website, or other reasonable means now known or hereafter developed. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to notify us in the event of a change of your address or any other contact information provided during your registration or set up of your account with Cloister.
a. Governing Law
This Agreement shall be governed and construed and enforced in accordance with the laws of the State of New York without regard to conflict of laws principles thereof.
Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in New York County, New York in accordance with the Supplementary Procedures for Consumer-Related Disputes (as applicable) of the American Arbitration Association (the "AAA" rules). Either you or Cloister may choose to have the arbitration conducted by telephone, based on written submissions.
To begin an arbitration proceeding, you must send a letter by certified mail requesting arbitration and describing your claim to: art & eden, PBC_260 West 39th Street 10th Floor , New York, New York 10018. The arbitration shall be conducted by one (1) arbitrator either mutually agreed upon by the parties to this Agreement or, if the parties cannot agree within ten (10) days of notice to the respondent of commencement of the arbitration, then such arbitrator shall be chosen in accordance with the AAA rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief both parties shall consent to the exclusive jurisdiction of any state or federal court of the State of New York, County of New York. The parties agree that the arbitrator shall have the power to award damages and injunctive relief. If a dispute shall arise under this Agreement, the substantially prevailing party shall be awarded reasonable attorney fees and costs in any suit, action or proceeding, including trial, arbitration, mediation, or appeal, as awarded by the court, arbiter or mediator.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that notwithstanding the above, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and art & eden must be resolved exclusively by a state or federal court located in New York County, State of New York. You and art & eden agree to submit to the personal jurisdiction of the courts located within New York County, State of New York for the purpose of litigating all such claims or disputes.
20. EXPORT RULES
You acknowledge that some goods licensed or sold on the Website may be subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, from the Website, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no art & eden products, merchandise or services will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.
a. Entire Agreement
b. Waiver and Severability of Terms
The failure of art & eden to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Headings are reference purposes only and do not change, alter expand or reduce the scope of terms and conditions of use set forth in this Agreement.
This Agreement and the services contemplated hereunder may be assigned by art & eden. This Agreement will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties. You may not assign this Agreement or your rights or obligations under this Agreement without express written consent of art & eden.
art & eden, PBC
260 West 39th Street 10th Floor
New York, New York 10018
Last updated January 25, 2017