DESIGNED BY ART

TERMS

Terms of Use
Introduction
This website is owned and operated by DESIGNED BY ART.  These terms and conditions govern your use of this website and all materials and information accessed or viewed via the website (the “Materials”); by using this website, you accept these terms and conditions in full and agree to be bound by them and by all applicable laws and regulations.  If you disagree with these terms and conditions or any part of these terms and conditions, you agree not use this website.

These terms and conditions were last modified on 8.18.2021.
 
License to use website
Unless otherwise expressly stated, everything that you read or see on the website and all Materials are
copyrighted or otherwise protected and owned by DESIGNED BY ART or a third party who licensed or granted to DESIGNED BY ART the right to use such material.  Unless otherwise indicated, all logos, names and marks on the website are trademarks or service marks owned or used under license by DESIGNED BY ART; the use or misuse of any of these marks or other information is strictly prohibited.  Unless otherwise expressly stated, nothing that you read or see on the website nor any Materials may be copied or used except as provided in these terms and conditions or with the express prior written consent of DESIGNED BY ART.  DESIGNED BY ART or its third party providers own the intellectual property rights in the website and all Materials.  Subject to the license below, which is not a transfer of title, all of these intellectual property rights are reserved. DESIGNED BY ART hereby grants you the right to view, download for caching purposes only, and print the Materials and pages from the website solely for your own personal or internal business use and only, with
respect to restricted areas of the website (as explained below), if you are an approved registered user of
DesignedbyArt.com.  No other permission is granted to you to print, copy, reproduce, distribute, license,
transfer, sell, transmit, upload, download, store, display in public, alter, modify or create derivative works of the Materials or website.  Your use of the website and the Materials is subject to the restrictions set out below and elsewhere in these terms and conditions.
 
You shall not:
 Republish the Materials (including republication on another website);
 Sell, rent or sub-license the Materials;
 Show any Material in public without the prior express written consent of DESIGNED BY ART (whether for commercial or non-commercial purposes);
 Reproduce, duplicate, copy, use or otherwise exploit any of the Materials for any commercial purpose;
 Edit or otherwise modify any Materials;
 Remove any copyright, trademark or other proprietary notations form the Materials;
 Transfer the Materials to another person or “mirror” the Materials on any other server; or
 Redistribute any of the Materials, except for content specifically and expressly made available for
redistribution.
 
Where Materials are specifically made available for redistribution, such Materials may only be redistributed within your organization.
 
Acceptable use
You shall not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; that interferes with or disrupts the website or servers or networks connected to the website or disobey any requirements, procedures, policies or regulations of networks connected to the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You shall not use this website to copy, store, host, transmit, send, use, publish or distribute any material that either (a) consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (b) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or (c) that you do not have the right to or infringes the rights of any other party.

You shall not conduct any systematic or automated data collection activities (including without limitation
scraping, data mining, data extraction and data harvesting) on or in relation to this website without DESIGNED BY ART’s express written consent.

You shall not use this website to transmit or send unsolicited commercial communications (including, without limitation, advertising and promotional materials, junk mail, spam, chain letters, and pyramid schemes), to advertise or to solicit business; to impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; to stalk or otherwise harass another; or to otherwise act in a manner that negatively affects other users’ ability to use the website.

You shall not use this website to forge headers or otherwise manipulate identifiers in order to disguise the origin of any of your content transmitted through the website.

You shall not use this website for any purposes related to marketing without DESIGNED BY ART’s express written
consent.

Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share to the website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the website or in connection with any other user’s content or third party materials.  We are not responsible for the conduct, whether online or offline, of any user of the website.  

 
Restricted access
Access to certain areas of this website is restricted.  DESIGNED BY ART reserves the right to restrict access to certain areas of this website, or indeed this entire website, at DESIGNED BY ART’s sole discretion and at any time and for any reason.  In addition, certain areas that are unrestricted today may become restricted in the future, and certain areas that are restricted today may become unrestricted in the future. 

To request full access to the website, you may be required to complete a registration form.  If DESIGNED BY ART provides you with a user ID and password to enable you to access restricted areas of the website or other content or services, you shall ensure that the user ID and password are kept confidential and you will not share such information with any other person or entity.  You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you.  You will ensure that all use of your account fully complies with these terms and conditions.

DESIGNED BY ART may disable your user ID and password in DESIGNED BY ART’s sole discretion without notice or explanation.  Transfer of the account by you to any other person or entity is strictly prohibited.
 
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the website, for whatever purpose.  You are solely responsible for your user content, including obtaining any necessary permissions to post your user content.  You are also responsible, at your sole cost and expense, for creating any backup copies of your user content.  Your user content is not proprietary or protected.

By posting your user content or otherwise providing it to DESIGNED BY ART, you automatically grant, and you represent and warrant that you have the right to grant, to DESIGNED BY ART a worldwide, irrevocable, non-exclusive, transferable, perpetual, royalty-free, fully paid license to access, display, process, use, reproduce, adapt, publish, translate, copy and distribute your user content in any existing or future media.  You also grant to DESIGNED BY ART the right to sub-license these rights, and the right to bring an action for infringement of these rights.  You understand and acknowledge that your user content may be displayed in a public fashion on the website or otherwise and because of that, you should not include any of your Personal Information (as defined below) in your user content.

Your user content shall not be, and you shall not post any of your user content that: (a) is or may be illegal or unlawful, offensive, or violate the rights, harm, or threaten the safety of other users, people or entities; (b) you did not create or that you do not have permission to post; (c) infringes any third party's rights; (d) is capable of giving rise to legal action whether against you or DESIGNED BY ART or a third party (in each case under any applicable law or agreement); or (e) violates these terms and conditions.

You shall not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. DESIGNED BY ART reserves the right to edit or remove any material submitted to this website, or stored on DESIGNED BY ART’s servers, or hosted or published upon this website.

Notwithstanding DESIGNED BY ART’s rights under these terms and conditions in relation to user content, DESIGNED BY ART does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
 
Third party content and links
The website may contain links to other sites on the Internet that are owned and operated by third parties (“Third Party Sites”).  DESIGNED BY ART is not responsible for the collection or use of your user content, your Personal Information, or any other information pertaining to you at such Third Party Sites.  Nor is DESIGNED BY ART responsible for any damages you may incur in your use of such Third Party Sites.  You use Third Party Sites at your own risk and DESIGNED BY ART disclaims all liability arising from your use of Third Party Sites or a third party’s use of your user content, Personal Information, or any other information pertaining to you.  DESIGNED BY ART has not reviewed all of the Third Party Sites linked to the website and is not responsible for the content of or any products or services offered through such Third Party Sites.  Inclusion on the website of any Third Party Site does not imply a recommendation or endorsement by DESIGNED BY ART.
 
No warranties
THE WEBSITE AND ALL MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY REPRESENTATIONS OR WARRANTIES OF NON-INFRINGEMENT. 

Without prejudice to the generality of the foregoing paragraph, DESIGNED BY ART does not warrant and makes no representations that:

l  This website or Materials will be constantly available, or available at all, error-free, free from viruses or other harmful components, or that your access to them will be uninterrupted; or

l  The Materials are complete, true, accurate, suitable, non-misleading, or fulfil your purposes or intended goals.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in
relation to any legal, financial or medical matter you should consult an appropriate professional.
 
Limitations of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL DESIGNED BY ART OR ITS AFFILIATES, SUBSIDIARIES, CONTRACTORS, OR THEIR EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR MATERIALS OR YOUR INABILITY TO USE THE WEBSITES, MATERIALS OR ANY OTHER SERVICES, OR ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE WEBSITE OR ANY THIRD PARTY SITE.  IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE MATERIALS, DESIGNED BY ART, OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE AND MATERIALS.
 
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you shall not use this website.
 
Other parties
You accept that, as a registered corporation, DESIGNED BY ART has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against DESIGNED BY ART’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect DESIGNED BY ART officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as DESIGNED BY ART.
 
Unenforceable provisions and waivers
If any provision of these terms and conditions is, or is found to be, invalid, illegal, or unenforceable under
applicable law, such provision will be deemed amended to conform to the applicable laws and the remainder of these terms and conditions shall remain in full force and effect.  The failure of DESIGNED BY ART to enforce any right against you shall not constitute a waiver of that right.
 
Indemnity
You agree to fully indemnify and hold harmless DESIGNED BY ART and all of its affiliates and subsidiaries and each of their respective directors, officers, employees, vendors, contractors, customers, and agents (the “Indemnified Parties”) from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and attorneys’ fees and any amounts paid by an Indemnified Party to a third party in settlement of a claim or dispute) incurred or suffered by an Indemnified Party arising out of or relating to any breach (or any claim of a breach) by you of any provision of these terms and conditions or arising out of or relating to your user content, regardless of whether your user content complies with these terms and conditions or not.
 
Collection of information
You may be asked to voluntarily provide your name, address, e-mail address, phone number, postal address (including your city, state, and zip code), tax identification number, credit card information, and/or other personally identifiable information ("Personal Information") to have access to some features of the website.  By using the website and providing DESIGNED BY ART with your Personal Information, you consent to DESIGNED BY ART’s use of such information as described in these terms and conditions.  You may always refuse to provide your Personal Information, but this may lead to DESIGNED BY ART’s inability to provide you with certain access or services.  DESIGNED BY ART or its business partners may also collect information that is anonymous, such as your IP number (a number used to identify your computer on the Internet) or the type of browser you are using
("Anonymous Information"), through the use of cookies or by other means.  We hope that, by using Anonymous Information, we can update the website to make it more useful to you and other users.  DESIGNED BY ART reserves the right to maintain, update, disclose or otherwise use Anonymous Information, without limitation.
 
Use of information
DESIGNED BY ART uses your Personal Information for the following purposes:  to administer your account; to administer and improve the website and related services; to notify you of products, services, promotional events or special offers that may be of interest to you; to provide Internet security; to respond to your inquiries; to process your purchase of and payment for certain products and services via the website; and to meet legal requirements.  DESIGNED BY ART may work with other businesses that may perform certain functions on its behalf, such as (but not limited to) sending e-mail messages, managing data, hosting the website, or providing customer service.  These business partners have access to your Personal Information only to the extent necessary to perform these specific functions and may not use it for any other purpose.  Additionally, sometimes DESIGNED BY ART will feel so strongly about the quality of products or services of a business partner that DESIGNED BY ART may share your Personal Information with that partner. If you do not wish for your Personal Information to be included in DESIGNED BY ART’s communications with these partners, you can make a written request by email sent to contact@Designedbyart.com or write to DESIGNED BY ART at the address below.  Other than for the specific purposes set forth in these terms and conditions, DESIGNED BY ART will not disclose your
Personal Information unless it obtains your prior consent or DESIGNED BY ART is legally required to do so.  If DESIGNED BY ART is involved in the sale of a substantial portion of its business assets, Anonymous or Personal Information may be among the transferred assets.
 
Retention
DESIGNED BY ART retains Personal Information for as long as the information is relevant to DESIGNED BY ART’s business purposes or until you request the removal of the data by contacting DESIGNED BY ART at contact@Designedbyart.com.
 
Privacy of children
DESIGNED BY ART encourages parents and guardians to be aware of and participate in their children’s online activities.  We strictly adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect, use or disclose Personal Information from any child under the age of 13 in any manner that violates this
law.
 
Security
DESIGNED BY ART has policies and procedures in place to protect the privacy and confidentiality of your
Personal Information that DESIGNED BY ART collects and maintains.  All Personal Information is stored on secured servers.  Any unauthorized user of the website may result in criminal and/or civil prosecution.  If you place an order on the website, the website encrypts the credit/debit card number you submit prior to transmission over the Internet using secure socket layer (SSL) encryption technology with 256 bit encryption.  However, no transmission of data over the Internet is guaranteed to be 100% secure, and although DESIGNED BY ART will take reasonable steps to secure your Personal Information pursuant to these terms and conditions, DESIGNED BY ART cannot and does not guarantee the security of the information you send. 
 
Breaches of these terms and conditions
Without prejudice to DESIGNED BY ART’s other rights under these terms and conditions, if you breach these terms and conditions in any way, DESIGNED BY ART may take such action as DESIGNED BY ART deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you.  In addition, even if you do not breach these terms and conditions, we may terminate these terms and conditions, terminate or suspend your access to all or part of the website and Materials, or terminate or suspend your account, at any time, without notice to you and for any reason, including
convenience.
 
Disputes
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE WEBSITE, THE MATERIALS, YOUR USER CONTENT, THIRD PARTY SITES OR ANY OTHER THIRD PARTY MATERIALS (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of your or DESIGNED BY ART has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at
law and that injunctive or other appropriate relief may be sought before, during or after the pendency of any arbitration proceeding brought pursuant to these terms and conditions, or in lieu of such proceedings. Arbitration under these terms and conditions shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes) and in these terms and conditions. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of GEORGIA, and shall not use equitable or other principles which would permit the panel to ignore these terms and conditions or the law.  The arbitration panel’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall
be subject to all dollar and other limitations set forth in these terms and conditions. To the fullest extent
permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the website (including your visit to or use of the website) be instituted more than one (1) year after the cause of action arose.
 
Your opportunity to opt out of e-mail advertising
To the extent DESIGNED BY ART intends to conduct any e-mail advertising and you do not wish to receive such promotional e-mail from DESIGNED BY ART, follow the opt-out instructions contained within the body any e-mail you receive.
 
United States only
The website and all Material is provided solely for the purpose of promoting DESIGNED BY ART’s operations in the United States and its territories.  DESIGNED BY ART makes no representation that the website or the Material is appropriate or available for use in other locations.  If despite these conditions, you use the website or Materials from outside the United States, you are solely responsible for compliance with any applicable local
laws.
 
E-Mail communications
When you send an email to DESIGNED BY ART or communicate with DESIGNED BY ART via its online forms, you are communicating with DESIGNED BY ART electronically.  You thereby consent to receive communications from DESIGNED BY ART electronically; however, please note that e-mail communications are not necessarily secure or confidential.  For instance, it is possible that information transmitted to DESIGNED BY ART via e-mail may be read or obtained by other parties.  All agreements, notices, disclosures and other communications that DESIGNED BY ART provides to you electronically satisfy any legal requirement that such communications be in writing.
 
Variation
DESIGNED BY ART may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.
 
Assignment
DESIGNED BY ART may transfer or assign these terms and conditions or its rights hereunder or sub-contract its duties hereunder to any third party without notice to or consent from you.  DESIGNED BY ART may also otherwise deal with DESIGNED BY ART’s rights and/or obligations under these terms and conditions in any manner it chooses without notifying you or obtaining your consent.
You may not transfer, assign, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without the express prior written consent of DESIGNED BY ART. 
 
Entire agreement
These terms and conditions constitute the entire agreement between you and DESIGNED BY ART in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
 
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of The State Of GEORGIA.  Notwithstanding the preceding, all disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. 
 
Contacting DESIGNED BY ART
Any questions regarding these terms and conditions may be direct to contact@Designedbyart.com or Designed By Art, 3695 Cumberland Blvd. SE, Atlanta, GA 30339