Terms of Service
last reviewed and updated - January 2021
Earthen Charms LLC and Earthen Charms website (Earthen Charms), located at www.earthencharms.com, provides its website ("Site") and related services ("Service") to artist clients ("Artist Client" or "Client") and all users/visitors (User); subject to the following accepted Terms of Service (“Terms”).
Earthen Charms LLC reserves the right to change these Terms without notice, when significant changes occur to these Terms; Earthen Charms LLC may notify the Client or User via email (Email) and/or by posting such notice on Earthen Charms Site.
Please refer to these Terms of Service periodically for any issue or concern.
Acceptance of Terms
By continuing to use the Earthen Charms Site, you are indicating your agreement to be bound by these Terms and all revisions; these Terms are the property of Earthen Charms; duplication, reuse, or modification by any entity other than Earthen Charms is strictly prohibited.
You acknowledge and agree; in the event in which you are found to be in violation of these Terms; Earthen Charms reserves the right to; including but not limited to; the cancellation, evaluation, litigation and/or termination of services provided for your account in compliance with Section: Termination Policy.
Eligibility
Earthen Charms is intended for professional use by any approved Client.
You acknowledge and agree; Earthen Charms will only knowingly provide use of Site and Service; to parties that can lawfully enter into and form contracts under applicable law.
You acknowledge and agree; if you have not reached the age of eighteen(18); you may use Earthen Charms Site and Service with consent and supervision of parent or legal guardian and thus, they are bound by these Terms; and you further agree; (a) you MUST notify Earthen Charms of your age by contacting directorsoffices@earthencharms.com; (b) you MUST submit in written form consent of parent or legal guardian for you to use Earthen Charms Site and Service; (c) you MUST submit in written form the acceptance and agreement by parent or legal guardian to be bound by these Terms of Earthen Charms Site and Service; and you agree if you choose to disregard this Section: Eligibility, you are in violation of these Terms.
Non-Exclusivity
You acknowledge and agree; nothing herein is intended; and/or be interpreted as; any exclusive arrangement with Earthen Charms; under these Terms;
Earthen Charms will not restrict any Client from acquiring similar, equal or like goods and/or services from other entities or sources; except within compliance with documented agreements and in compliance with Section: Grace Client Status.
You acknowledge and agree; no client or representative of Client shall; conduct a sales duality.
Although Earthen Charms claims non-exclusivity in compliance with Section: Non-Exclusivity; Earthen Charms prohibits any Artwork(s) to be offered for sale in separate venue(s) concurrently; in the event Client offers Artwork(s) for sale in separate venue(s) concurrently; notice must be given to Earthen Charms of other venue(s); any Client without notice to Earthen Charms shall; be in violation of these Terms.
Email and Account/Password Security
You acknowledge and agree; you will provide current contact information; including valid email address; and you agree to; update this information immediately upon any changes; you further agree; you will not use a false email, impersonate any person or entity; or use account(s) with Earthen Charms to mislead as to the origin of your content in compliance with Section: Client Conduct entry numbers 2 & 7.
You acknowledge and agree; you are responsible for maintaining the confidentiality of the account and password; you are fully responsible for all activities which occur under your account and password by you and/or your representatives; you further agree; Earthen Charms cannot and will not be liable for any loss or damage arising from your failure to comply with Section: Email and Account/Password Security; and you agree; (a) you will notify Earthen Charms immediately of any unauthorized use of your account and/or password; (b) you will notify Earthen Charms immediately of any attempts to the breach security of the Site; and (c) you will ensure to exit your account at the end of each session; and be in compliance with Section: Email and Account/Password Security.
Links
You acknowledge and agree; the accepted societal standard of internet entities linkage; you may link to any accepted societal standard internet entity; as linked entity has value and is pursuant to the facilitation of the services retained from Earthen Charms by you, the Client.
You acknowledge and agree; Site may provide and/or third parties may provide; links to other websites and/or resources; for the reason that; Earthen Charms has no control of such sites and/or resources; Earthen Charms will not be held responsible for the availability of such sites and/or resources; and does not endorse; and will not be held responsible and/or liable; for any content, advertising, products and/or other materials on and/or available from such sites and/or resources; you further agree; Earthen Charms shall not; be responsible and/or liable; directly or indirectly; for any damage and/or loss caused; alleged to be caused by and/or in connection with use of; and/or reliance on any such content, goods or services available on and/or through any such site or resource; and you agree; to be in compliance with Section: Client Conduct entry numbers 8 and 9 and 12.
Privacy Policy
You acknowledge and agree; your privacy is very important to Earthen Charms; by accepting these Terms and Agreement you expressly consent to Earthen Charms; use of your personal information; including current contact information, phone number and/or email to communicate directly with Client; as described in the Privacy Policy; you further agree; Clients and/or users of this Site should refer to this policy via provided link; within these Terms; and/or via provided link on Site; for specific information about how Earthen Charms collects and/or uses personal information; and you agree to be in compliance with Section: Privacy Policy.
Custom Artwork Policy
You acknowledge and agree; as the Client; any custom artwork(Custom Artwork); MUST be negotiated confidentially by appropriate Earthen Charms designees with you and/or your designee representatives including but not limited to legal counsel.
You acknowledge and agree; any approach and/or proposal made by any entity to request Custom Artwork from any Earthen Charms client; MUST use Custom Artwork Protocol(CAP); (a) contact Earthen Charms Directors Offices with detailed specifics of request for Custom Artwork; AND for Client(s); (b) contact your Earthen Charms designee to inform of any approach and/or proposal; (c) instruct the entity initiating approach and/or proposal to contact Earthen Charms Directors Offices; (d) ensure you and/or your representatives have the ability to fulfill request; (e) ensure you and/or your representatives are available for contact throughout the negotiation conference(s); (f) notify Earthen Charms Directors Offices of your intent to accept Custom Artwork proposal; (g) ensure you and/or your representatives begin and complete such Custom Artwork in compliance with the confidentially negotiated requisites; and (h) you understand it is YOUR responsibility to notify Earthen Charms Directors Offices of ANY issue, concern, conflict, delay, and/or any unforeseen dilemma which may or may not arise with Custom Artwork employment; and you further agree; to be in compliance with Section: Custom Artwork Policy.
You acknowledge and agree; in the event of proposal to mass duplicate; any one(1) and/or many individual Artworks; created by you; the Artist; proposal(s) MUST be negotiated confidentially by appropriate Earthen Charms designees with you and/or your designee representatives including but not limited to legal counsel; in compliance with Section: Custom Artwork Policy and Grace Client Status; AND you further agree; Earthen Charms retains rights as Agent under Section: Liaison Services; you understand and concede; Earthen Charms Site and
Service has provided; including but not limited to; consultation, exposure, promotion, recommendation, reputation and resources; for Artwork(s) which have been, past and/or present; represented by Earthen Charms Site and Service including any approach and proposal for Custom Artwork instigated by these services of Earthen Charms.
Artwork Return and Refund Policy
You acknowledge and agree; to comply with return and refund protocol; and you and/or your representatives; understand that return and refund stipulations are; (a) to facilitate fair exchange; (b) to facilitate Client satisfaction; (c) to preserve artwork; (d) to prevent additional damage; (e) to evaluate artwork for repair or restoration; and/or (f) to facilitate refund.
You acknowledge and agree; as the Client; Custom Artwork shall; be exempt from Section: Return and Refund Policy; although similar protocol; return and refund of Custom Artwork shall; be negotiated confidentially in compliance with Section: Custom Artwork Policy; you further agree; to contact the assigned representative with any concern or issue; to initiate resolution in compliance with Section: Client Care; and in compliance with Section: Dispute Resolution.
You acknowledge and agree; as the Purchaser; the nature of artwork is unique; and replacement may not be possible; if you are not satisfied; for any reason; you and/or your representatives may return any artwork obtained from any Artist Client represented by Earthen Charms; in compliance with Section: Return and Refund Policy; and in compliance with Section: Dispute Resolution.
You acknowledge and agree; as the Purchaser; return of any product obtained through Earthen Charms Site or Service; and/or commissioned as Custom Artwork; MUST be initiated within thirty(30) days from time of delivery; no refund for initial shipping charges; no refund for return shipping charges, unless found to be damaged during initial shipment; and be in compliance with Section: Return and Refund Policy and; be in compliance with Section: Dispute Resolution; you and/or your representatives will use original packaging material; and package, pack, and reinforce artwork for damage prevention; you further agree; if damage has already occurred to artwork; you will observe shipping considerations to prevent further damage; in addition; if damage and/or continued damage occurs during return shipment; no return shipment refund will be honored; and any product refund due you shall; be at the discretion of Earthen Charms; and you agree to be in compliance with Section: Shipping Policy.
You acknowledge and agree; as the Purchaser; pursuant to reason of return; return addresses vary; the product return address may or may not be Earthen Charms business address; the product return address may or may not be Artist Client address; the product return address may or may not be for repair and/or restoration location; you further agree; to be in compliance Section: Client Care; be in compliance with Section: Dispute Resolution; and be in compliance with Section: Return and Refund Policy.
You acknowledge and agree; to ensure return and refund for client satisfaction on damaged or misrepresented product; you and/or your representatives will abide by the following; (a) be in compliance with Section: Dispute Resolution; (b) take documentary photo(s) of damaged or misrepresented artwork; (c) take documentary photo(s) of package, packing materials and reinforcements; (d) submit documentary photo(s) with your dispute; (e) understand the dispute process may need an extended period for remittance of refund; (f) be in compliance with these Terms; and be in compliance with Section: Return and Refund Policy.
You acknowledge and agree; as the Artist Client; the nature of artwork is unique; and satisfaction of purchase may not be possible; if you question any return of your artwork; you may dispute refund; in compliance with Section: Dispute Resolution; you further agree; artwork preservation and/or shipment conditions shall; be the sole responsibility of you and/or your representatives; and agree; to be in compliance with Section: Shipping Policy.
Shipping Policy
You acknowledge and agree; to comply with shipping protocol; and you and/or your representatives; understand that shipping stipulations are; (a) to preserve your artwork; (b) to prevent damages; and (c) to protect transaction integrity.
You acknowledge and agree; as the Artist Client and/or the Purchaser; all products purchased through Earthen Charms Site; are made available by individual Artist Client accounts; and pursuant to a shipment contract with the Artist Client; title and risk of loss for all products ordered shall; pass to the shipping designee of origin; and onto the shipment carrier; you further agree; to absolve Earthen Charms of any liabilities resulting from shipping disputes; and you recognize sale of Artist Client Artwork(s) through Earthen Charms Site is a courtesy provided to Earthen Charms registered clients.
You acknowledge and agree; as the Artist Client; the creator of the artwork; shipment from your location is an advantage to the preservation of the artwork; and/or an advantage in damage prevention; packaging, packing materials, reinforcements, and condition of artwork at time of shipment will be your responsibility; and verified by you, as the Artist Client; the creator of the artwork; when and/or if damage occurs. Earthen Charms requires photo(s) of the reinforced packaging for artwork with a value in excess of two hundred fifty dollars($250); and strongly recommends photo(s) of the reinforced packaging for all artwork shipments.
You acknowledge and agree; as the Artist Client; artwork may be fragile; and require shipment considerations; you further agree; you and/or your representatives; will package, pack, and reinforce artwork for damage prevention; in compliance with Section: Shipping Policy.
You acknowledge and agree; as the Grace Client Status member; to use Earthen Charms return address on any shipping label; shipping labels are provided at time of shipping purchase, to the artist, by the shipment carrier, with Earthen Charms return address; return address labels may be provided to registered Artist Client; you further agree; manually addressed shipment labels will use Earthen Charms return address; and any Client not using Earthen Charms return address shall; be in violation of these Terms; and specifically; not in compliance with Section: Shipping Policy.
You acknowledge and agree; as the Purchaser; to notify Earthen Charms of any product shipment received with a return address which is not Earthen Charms business return address; you further agree; Earthen Charms will not restrict Purchaser from using business address for shipments; you agree; you and/or your representatives; must be in compliance with Section: Shipping Policy and Return and Refund Policy.
Termination Policy
Earthen Charms reserves the right to charge your account cancellation fees in circumstance where warranted.
You acknowledge and agree; should you object to any of these Terms; or deem your dissatisfaction incapable of resolve; with Earthen Charms Site and/or Earthen Charms Service; your only recourse shall be; to use termination protocol; (a) discontinue use of Site and/or Service immediately; (b) send written notice of dissatisfaction in compliance with Section: Dispute Resolution; and (c) receive confirmation of account termination.
You acknowledge and agree; as the Artist Client; Earthen Charms will not give penalty and will not issue charge for termination; at instance of Agreement termination, all purchases under Earthen Charms authority and Service arrangement(s) MUST be finalized to receive confirmation of account termination; at instance of Agreement termination Earthen Charms may assess a standard processing fee for closure of account expenditure(s); including but not limited to; designee time for removal of your Privacy Policy protected information, your account, your password, your Artist Portfolio Pages including any Studio payment tier where Artwork(s) are listed; and discard of your Content.
You acknowledge and agree; as the Client, Earthen Charms with sole discretion; may terminate your use of Earthen Charms Site, Earthen Charms Service, your account and any part thereof; including but not limited to; removal of your password, your Portfolio Pages including any Studio payment tier where Artwork(s) are listed; and discard of your content; Earthen Charms may deactivate and/or delete your account in its entirety or any part thereof; and/or prohibit your access to Site, Service, Account and Content; at any time, for any reason or no reason; any termination of your access to Site under any provision of these Terms; may be effected without your prior notice; you further agree; Earthen Charms may, at any time discontinue providing Site; and any part thereof; with or without notice; and shall not be liable to you or any third party for any losses accrued due to termination of your access to Earthen Charms Site and/or Earthen Charms Service; and you agree; to be in compliance with Section: Dispute Resolution.
Trademark Policy
You acknowledge and agree; Earthen Charms reserves ALL rights.
You acknowledge and agree; you as the Artist Client; may possess ownership of trademark; notice must be given to Earthen Charms of any trademark ownership; notice must be given in written form with included image; permissions of use of trademark logo, image or name; on Site and/or Service; must be in written form with included digital file format image; you further agree; technical processing and operation of the Site, including your Content, may involve transmissions over various networks; and/or changes to conform and adapt to technical requirements of connection networks or devices in compliance with Section: Client Conduct; and you agree; to be in compliance with Section: Trademark Policy.
You acknowledge and agree; all brand, product and/or service names used in this Site which identify Earthen Charms or any third party and their products are; proprietary marks of Earthen Charms LLC; and/or the relevant third party; nothing herein shall be; intended, interpreted and/or deemed to confer any person, any license and/or right on the part of Earthen Charms; or any third party; with respect to any such logo, image or name in compliance with Section Client Conduct number 2 and 3 and 7; you further agree; you and/or your representative shall not; make any use of any Earthen Charms trademarks, logos, or trade dress without prior express written approval by Earthen Charms; and you agree; to be in compliance with Section: Trademark Policy.
Copyright and Intellectual Property Policy
You acknowledge and agree; Earthen Charms recognizes the intellectual property rights of each Client, Earthen Charms, and others; you are required to do the same; per these Terms; Earthen Charms may terminate the account of any Client(s) who appear to infringe the copyright or other intellectual property rights of others; under any appropriate circumstance and/or at Earthen Charms sole discretion; Client content may require temporary and/or permanent removal from Site; you further agree; if any Client continues to infringe on the rights of others; in the same manner, with the same and/or similar content infringement; if any Client continues to infringe on the rights of others; in a new manner, with same and/or new content infringement; Earthen Charms will terminate Client access to Earthen Charms Site and Service; you agree to be in compliance with Section: Client Conduct number 2 and 3 and 7.
You acknowledge and agree Earthen Charms Site; and any software used in connection with Earthen Charms Site; contains proprietary and confidential information; protected by applicable intellectual property and other laws; you agree; to NOT modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software; in whole and/or in part; you further agree; if you and/or your representatives choose to violate these laws; you are not in compliance with Section: Copyright and Intellectual Property Policy and shall; be subject to litigation.
You acknowledge and agree; intellectual property rights in and/or relating to the Content of any postings to your account; will automatically be deemed to be assigned by you; to Earthen Charms upon submission to Earthen Charms Site and Service; and Earthen Charms shall; be entitled to use, advertise, and publish particulars of your retained Service; excluding Client specifics in compliance with Section: Privacy Policy; however, including but not limited to; information about your gallery, your biography, your Artist Showcase Profile, comments and/or any other information which you have provided to be viewed publicly.
You acknowledge and agree; Earthen Charms reserves the right; in its sole discretion; to delete, reduce and/or modify text, comments and images; you hereby grant to Earthen Charms; a royalty free, worldwide, transferable, nonexclusive right and/or license to use such Content and/or information as Earthen Charms deems necessary; to enable use by Earthen Charms Site and Service; to create, produce, modify, publicly display or distribute images of your Artwork(s) and/or any portion of your retained Service; including but not limited to; information about your gallery, your biography, your Artist Showcase Profile, comments and/or any other information which you have provided to be viewed publicly.
You acknowledge and agree; if you and/or your designee representative; believe your Content has been violated in a way that constitutes copyright and/or trademark infringement, please notify Earthen Charms immediately; your notice should include and provide the following information; (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest; (b) a description of the copyrighted work and/or trademark claimed to have been infringed, image submission of claimed to be original work, AND TOGETHER WITH an image submission of claimed to be infringed work; (c) a description of where the claimed infringed Content is located on Earthen Charms Site and/or Service; (d) ) a statement by YOU that you have a good faith belief that the disputed content use is not authorized by the copyright/trademark owner, its agent, or the law; and (e) a statement by YOUR designee representative, made under penalty of perjury, that the above information in your Notice is accurate and they are authorized to act on behalf of the owner of the copyright/trademark interest involved; (f) your and/or your representatives relevant contact; postal address, telephone number, and digital email address; you further agree; notice of claims of copyright or other intellectual property infringement MUST be initiated in compliance with Section: Dispute Resolution.
Property Rights Policy
You acknowledge and agree; any Content and/or digital images; including but not limited to text, data, images, graphics, and other material contained and/or distributed through Earthen Charms Site and Service; its advertisers or other third parties; is protected by trademarks, service marks, patents, copyrights, and/or other proprietary rights and laws; you may NOT use or distribute any Content received through Earthen Charms Site and Service without the authorization of the Content owner, except for uses permitted by law; you further agree; to NOT publish, reproduce, duplicate, in whole and/or in part; to NOT upload, download, post, email, sell, or otherwise distribute Content available through the Earthen Charms Site and Service; including code and software; in violation of applicable copyright and other intellectual property laws; and you agree; to be in compliance with Section: Client Conduct number 2 and 3 and 7.
You acknowledge and agree; you will retain ownership of the Content you upload to Earthen Charms Site; you hereby grant to Earthen Charms; a royalty free, worldwide, transferable, nonexclusive right and/or license to use such Content as Earthen Charms deems necessary; to enable you to use Earthen Charms Site and Service; to create, produce, modify, publicly display or distribute digital images of your Artwork(s) and/or any portion of the public Artist Showcase Profile; including but not limited to; information about your gallery, your biography, your retained Service, comments and/or any other information which you have provided to be viewed publicly; to facilitate the purchase and sale of your Product(s); for so long as your Content remains uploaded to Earthen Charms Site and/or Earthen Charms Site and Service are available to you under these Terms.
You acknowledge and agree; in the event of proposal to mass duplicate; any one(1) and/or many individual Artwork(s); created by you; the Artist; such proposal(s) MUST be negotiated confidentially by appropriate Earthen Charms designees with you and/or your designee representative in compliance with Section: Custom Artwork Policy; you further agree; Earthen Charms retains rights as Agent under Section: Liaison Services; you understand and concede; Earthen Charms Site and Service has provided; including but not limited to; ; consultation, exposure, promotion, recommendation, reputation and resources; for Artwork(s) which have been, past and/or present; available for purchase or sale by Earthen Charms Site and Service; AND you agree; deceit by cancellation WILL NOT null and void these Terms and Agreement; cancellation of account and/or cancellation of use of Earthen Charms Site and Service under deceitful circumstance is in violation of ALL Terms and Sections of this Agreement; and you shall be subject to litigation.
Grace Client Status
Grace Client Status is a client designation of distinction; in which specialty services, isolated attention to artistic pursuits and individualized customer care managed privately at confidentially negotiated rates to any approved Client; in which commissions apply for Earthen Charms Artist Liaison Services.
Earthen Charms reserves the right to negotiate confidentially; and/or enter into contract confidentially with any individual or entity.
Earthen Charms reserves the right to claim exclusivity pursuant to the details of the specialty services agreement.
Earthen Charms reserves the right to provide any services necessary to satisfy contract or Client; any additional charges shall be assessed externally of initial Artist Liaison Service contract.
Earthen Charms reserves the right to; bestow, and/or withdraw Grace Client Status; to any individual and/or entity; at the sole discretion of the Earthen Charms CEO and/or Earthen Charms Board of Directors.
Membership and Subscription
Earthen Charms provides liaison services through the Site at substantially reduced agent rates by offering client membership with a set monthly subscription to any approved Client. All memberships are considered current with the receipt of the Client selected monthly subscription, with the exception of unresolved liaison fees.
Earthen Charms provides liaison services as Agent, offered, by means of subscription, on the Site to any subscriber Client.
Earthen Charms provides specialty liaison services as Agent, managed privately, at confidentially negotiated rates to any approved Client.
Earthen Charms designates this specialty membership as Artist Liaison Services; and is differentiated from all other services by services provided and managed with executive designee representative.
Earthen Charms reserves the right to differentiate services by offers and subscription tiers; and/or reserves the right to designate without issue Client specialty services; and/or use tier classifications.
You acknowledge and agree; Earthen Charms reserves the right to deny, discontinue, limit, honor, modify and/or offer any subscription benefits and/or subscription fees; determination of membership and/or subscription status shall; be at the discretion of Earthen Charms CEO; you further agree; Any unforeseen expenditures, including unforeseen expenditure providing specialty liaison services, will not receive waiver under this Section: Membership and Subscription.
Consultation Services
Consultation Services are offered to the Client for an hourly and/or per project fee rate.
You acknowledge and agree; per project rate shall be negotiated confidentially; evaluated for time, labor, and expenses involved to provide such service to the client; you further agree, any unforeseen expense(s) will be calculated and charged separately from the initially agreed private contract.
You further acknowledge and agree; the Client has the right to request a modified, re-negotiated, and/or updated contractual agreement.
Earthen Charms maintains the privilege to request a modified, re-negotiated, and/or updated contractual agreement.
Liaison Services
Earthen Charms provides Artist Liaison Service to the Client, as Agent, for the sale of Artwork(s) via Client use of this Site in compliance with Section: Membership and Subscription.
Earthen Charms provides Artist Liaison Service to the Client, as Agent, for the sale of Artwork(s) via privately negotiated agreements and client shall be represented, in compliance with Section: Grace Client Status.
Earthen Charms provides Artist Liaison Service to the Client, as Agent, for the sale of Custom Artwork(s) and client shall be represented, in compliance with Section: Grace Client Status and Custom Artwork Policy.
Earthen Charms reserves the right to refuse service to any individual and/or entity; at the sole discretion of the Earthen Charms CEO and/or Earthen Charms Board of Directors.
You acknowledge and agree; Earthen Charms reserves the right to represent the Client as Agent; for Service provided under these Terms; and no Client or representative of Client shall; withhold information and/or conceal an approach by any individual and/or entity for; including but limited to; the sale, creation and/or commission of Artwork(s); while Earthen Charms holds and/or retains a reasonable expectation of representation of Client; and/or will maintain direct compensations for said representation, in compliance with Section: Membership and Subscription.
Artistic Expression Disclaimer
You acknowledge and agree; Earthen Charms reserves the right of Freedom of Expression for each registered Client under the First Amendment of the United States Constitution; which includes artistic expression. Earthen Charms reserves the right of discretion under and within the confines of this amendment.
Artist Client
The Artist Client is any individual, group and/or organization; who has crafted and/or created one of a kind, and/or few of a kind Artwork(s); to be made available for presentation and/or for sale as product(s) through the Earthen Charms Site and Service; and who has registered with Earthen Charms Site and Service as an Artist Client.
Artist Account Profile
The Artist Account Profile is intended for use by the Artist Client; as a platform from which, all submitted information by Artist Client, their Artwork(s) and/or their product(s) and their orders data; is available for edit and monitoring by the Artist Client and/or Earthen Charms.
You acknowledge and agree; the Artist Account Profile is governed by these Terms and ALL applicable provisions; and by reference is integrated into these Terms.
Artist Online Portfolio
The Artist Online Portfolio is intended for use by the Artist Client; as a platform from which, their Artwork(s) is made available for presentation and/or for sale.
You acknowledge and agree; the Artist Online Portfolio is governed by these Terms and ALL applicable provisions; and by reference is integrated into these Terms.
Artwork Pricing
You acknowledge and agree; sale amounts and products may change at Artist Clients discretion; all prices are in US dollars; prices for products are described on Site; and by reference; are integrated into these Terms.
You acknowledge and agree; sale amounts and products may change at Earthen Charms discretion; all prices are in US dollars; prices for products are described on Site; and by reference; are integrated into these Terms.
Purchaser
The Purchaser is any business, company, establishment, individual, group, and/or organization, who enters into a sales agreement with any Earthen Charms registered Artist Client.
You acknowledge and agree; any use of Earthen Charms Site and Service under any deceitful circumstance; including but not limited to; approach and proposal of any Earthen Charms Client for any reason; is in violation of these Terms.
Client Care
You acknowledge and agree; standard Client Care issues must be brought to the attention of the assigned representative and/or appropriate Earthen Charms designee; within thirty(30) days of occurrence; through the ‘provided to client’ designated email and/or phone number; Additionally, you acknowledge and agree; any concerns and/or issues concerning any assigned representative should be brought to the attention of Earthen Charms administration immediately upon recognition of issue and within thirty(30) days of occurrence; further you agree; unless assigned representative be Chief Executive Officer(CEO) of Earthen Charms; assigned representative and/or designee(s) cannot authorize any exemption(s).
Client Conduct
In using this Site, you acknowledge and agree to these Terms of Earthen Charms;
and you; and/or your representatives; agree to not;
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upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, hateful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property;
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impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
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upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
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upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
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upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
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upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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upload, download, post, email or otherwise transmit false or misleading information;
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disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
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disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
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access, tamper with or use non-public areas of the Site. 10.1 Unauthorized individuals attempting to access these areas of the Site shall; be subject to prosecution;
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upload, download, post, email or otherwise transmit publication of any grievance with Earthen Charms; Clients of Earthen Charms; or designees of Earthen Charms; 11.1 Individuals not in compliance with Section: Public Reputation shall; be subject to prosecution; 11.2 Individuals not in compliance with Section: Dispute Resolution shall; be subject to prosecution;
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frame or link to the Site except as permitted by Earthen Charms;
You acknowledge and agree; Earthen Charms may review your Content for adherence to our guidelines; and/or compliance with these Terms; set forth in this agreement; without limiting
the foregoing; Earthen Charms and its designees shall; have the right to remove any Content that violates these Terms; and/or is otherwise objectionable to Earthen Charms.
You acknowledge and agree; you must evaluate and/or assume all risks associated with use of any Content; including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and agree; you may not rely on any Content created by and/or submitted to Earthen Charms.
You acknowledge and agree; you are responsible for the creation and compilation of your Content; and neither Earthen Charms; nor any designee involved with the production of any product incorporating your Content; assumes that responsibility. Earthen Charms production of any product depicting your Content; will not indicate Earthen Charms approval of your Content; will not indicate your Content obeys all applicable laws; will not indicate you are absolved of any liability; and/or harm arising from the use of your Content.
You acknowledge and agree; Earthen Charms may preserve your Content; disclose your Content if required by law; and/or in good faith, believe such preservation or disclosure is reasonably necessary to; (a) comply with legal process; (b) enforce the Agreement; (c) give response in disputes claiming your Content violates the rights of third-parties; (d) protect the rights, property, or personal safety of Earthen Charms; it's designees; its users and/or the public.
You acknowledge and agree; no earnings will be owed or paid on the sale of any items containing an image which is in violation of any provisions of these Terms; including but not limited to; earnings on any item image which contains objectionable content; and/or posted in violation of intellectual property, privacy and/or celebrity rights of any person or entity.
You acknowledge and agree; you will use this Site and any products ordered on this Site; in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances; and will not take any action that harms; and/or violates the rights of any person or entity.
You acknowledge and agree; technical processing and operation of the Site, including your Content, may involve (a) transmissions over various networks; and/or (b) changes to conform and adapt to technical requirements of connection networks or devices.
You acknowledge and agree; any dispute of these Terms; and/or dispute involving designees of Earthen Charms; must be in compliance with Section: Dispute Resolution and in compliance with Section: Public Reputation.
Public Reputation
You acknowledge and agree; you and/or your representatives; will not publicly disparage Earthen Charms; you agree; to NOT denigrate Earthen Charms, in any manner or damage Earthen Charms public reputation; and/or Earthen Charms designees; including but not limited to; employees, directors, clients, licensors, board members, shareholders and associative partners.
You acknowledge and agree; you and/or your representatives; will not make public any grievance with Earthen Charms; and/or Earthen Charms designees, including but not limited to; employees, directors, clients, licensors, board members, shareholders and associative partners; you further agree; you must be in full compliance with these Terms; and you must be in compliance with Section: Dispute Resolution.
You acknowledge and agree; if you and/or your representatives; choose to make public any grievance; and/or display any product ordered from Earthen Charms; in a public setting; including the internet; in any manner which disparages Earthen Charms; and/or Earthen Charms designees; including but not limited to; employees, directors, clients, licensors, board members, shareholders, and associative partners; you are not in compliance with this Section: Public Reputation; and specifically; Section: Client Conduct: entry number 11;
and you WILL BE subject to litigation.
You acknowledge and agree; if you and/or your representatives choose to violate these Terms; and specifically; Section: Public Reputation; Earthen Charms claims; (a) rights to receive monetary compensation in compliance with Section: Indemnification; (b) separate written apology to all parties denigrated with consent to display publicly; (c) immediate termination of all services with no obligation(s) in compliance with Section: Termination Policy; regardless of fees already paid; and (d) no refund of any fees; including but not limited to; subscription, liaison and/or consultation.
Dispute Resolution
You acknowledge and agree; any issue that cannot be resolved through standard Client Care services; including but not limited to; damaged or misrepresented artwork, designee grievance, and disbursements; may require special instruction and opportunity of resolution to the satisfaction of all parties; you further agree; dispute must be initiated in writing; within thirty(30) days of knowledge of occurrence; with a complete description; all current client contact information; email; client number; and/or complete Artwork description; must be sent to; email: directorsoffices@earthencharms.com
If and/or when a postal address is required, the appropriate postal mailing address for Earthen Charms offices will be provided during the Dispute Resolution process.
You acknowledge and agree; you will not return any product until instructed to where the product should be sent; you further agree; pursuant to reason of return; return addresses vary; the product return address may or may not be Earthen Charms business address; the product return address may or may not be Client address; the product return address may or may not be for repair and/or restoration location; you further agree; the return of any product without obtaining the correct return address is in violation of these Terms; any damage to products and/or unwarranted expense to Earthen Charms; which arises from you and/or your representatives violation of these Terms; WILL BE subject to litigation; you agree; to be in compliance with Section: Grace Client Status; to be in compliance with Section: Dispute Resolution; to be in compliance with Section: Shipping Policy; and to be in compliance with Section: Return and Refund Policy.
Arbitration
You acknowledge and agree; these Terms shall be; governed by and construed in accordance with the laws of the State of Ohio; without resort to any conflict of law provisions; dispute with regard to these Terms and Agreement shall be; submitted for arbitration in Franklin County, Ohio; in accordance with, then in effect, Commercial Arbitration Rules of the American Arbitration Association; award rendered by arbitration shall be; binding as between the parties; and judgment on such award shall be; entered into any court having jurisdiction thereof; arbitrator may award attorney's fees and costs to the prevailing party.
Indemnification
You acknowledge and agree; to indemnify Earthen Charms; and hold harmless Earthen Charms; it's officers, directors, employees, and designees; from all judgments, awards, losses, liabilities, expenditures, and expenses; including but not limited to; attorney fees, witness fees and costs of litigation; derived from and/or attributable to; (a) your violation of any rights of a third party; (b) your violation of these Terms; (c) your use of Earthen Charms Site and/or Service; (d) Content you submit to Earthen Charms Site; (e) your connection to Earthen Charms Site and/or Service.
Severability
You acknowledge and agree; if any provision of these Terms of Service and Agreement be invalid, illegal and/or unenforceable under any statute and/or rule of law; such provision shall be deemed amended to achieve as nearly as possible the same intent; as valid, legal and/or enforceable provision; you further agree; remaining provisions of these Terms of Service and Agreement shall in no way be affected or impaired; and to be in compliance with Section: Severability.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE; YOU EXPRESSLY UNDERSTAND; UNDER NO CIRCUMSTANCES; INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL; Earthen Charms; AND/OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, DESIGNEES, SUPPLIERS, AND/OR ANY OTHER PARTY; INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING Earthen Charms OR RELATED SERVICES; BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES; INCLUDING BUT NOT LIMITED TO; DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES; EVEN IF Earthen Charms HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS AND/OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT; YOU FURTHER ACKNOWLEDGE; SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW; AND YOU AGREE; TO BE IN COMPLIANCE WITH SECTION: LIMITATION OF LIABILITY.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE; THAT YOUR USE OF THE Earthen Charms SITE IS AT YOUR SOLE RISK; AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH Earthen Charms SITE; ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW; Earthen Charms AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND; WHETHER EXPRESS OR IMPLIED; INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; Earthen Charms DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS; (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND/OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED; YOU AGREE THAT Earthen Charms SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE; AND/OR ANY CONTENT CONTAINED THEREIN; INCLUDING BUT NOT LIMITED TO; LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT AND/OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT AND/OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF Earthen Charms, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS; YOU EXPRESSLY AGREE; THAT USE OF THIS SERVICE; INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE; IS AT YOUR SOLE RISK; YOU
UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE; YOU ACKNOWLEDGE THAT Earthen Charms DOES NOT CONTROL IN ANY RESPECT; ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE; EXCEPT AS OTHERWISE AGREED IN WRITING; Earthen Charms AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR; AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE; YOU ACKNOWLEDGE THAT Earthen Charms MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED; NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Earthen Charms OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Warranty of Ownership and Non-Infringement
YOU ACKNOWLEDGE AND AGREE; YOU REPRESENT AND WARRANT THAT (a) YOU ARE THE OWNER OF THE CONTENT OR THAT THE CONTENT IS IN THE PUBLIC DOMAIN; (b) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE; (c) YOU HAVE NO KNOWLEDGE AS TO ANY THIRD-PARTY CLAIMS REGARDING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE CONTENT WHICH CLAIMS WOULD INTEFERE WITH THE RIGHTS GRANTED UNDER THIS AGREEMENT; (d) THE CONTENT DOES NOT INFRINGE THE RIGHTS OF PRIVACY, CELEBRITY, MORAL OR OTHER RIGHTS OF ANY THIRD PARTY; (e) THE WORK IS NOT DEFAMATORY OR OBSCENCE; (f) THE CONENT DOES NOT CONTAIN ILLEGAL MATERIAL; (g) THE CONENT DOES NOT CONTAIN MATERIAL WHICH DENIGRATES OR ATTACKS ANY PERSON BASED ON RACE, RELIGION, NATIONAL ORIGIN, SEXUAL ORIENTATION, OR THE LIKE (“DISCRIMINATORY CONTENT”); (h) Earthen Charms MAY LEGALLY MANUFACTURE AND SELL PRODUCTS INCORPORATING THE CONTENT WITHOUT THE INFRINGEMENT OF ANY RIGHTS OF ANY THIRD PARTY; AND WITHOUT THE OBLIGATION TO MAKE ANY PAYMENTS TO; OR OBTAIN ANY PERMISSION FROM ANY THIRD PARTY.
General
You acknowledge and agree; no agency, party, joint venture, employee-employer, franchise-franchisee relationship is intended or created by these Terms; Earthen Charms may assign its rights hereunder without notice to you; failure of a party to exercise and/or enforce any right or provision of these Terms will not; constitute waiver of the right and/or provision; you further agree; Earthen Charms failure to act with respect to a breach by you and/or your representatives; or by others; does not waive Earthen Charms right to act with respect to subsequent or similar breaches; if any provision of these Terms be invalid, illegal and/or unenforceable under any applicable statute and/or rule of law; such provision shall be deemed amended to achieve as nearly as possible the same economic effect; as valid, legal, and/or enforceable provision; you further agree; remaining provisions of these Terms of Service and Agreement shall in no way be affected or impaired; and to be in compliance with Section: General.