TERMS & CONDITIONS
Payment Processing
Notwithstanding any amounts owed to Hart House Creative® hereunder, Hart House Creative® DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Wix Payment Processing, Apple Pay, Google Pay, Venmo, and PayPal as third-party payment processors (“Payment Processors”). These payment processing services are provided by the respective Payment Processors and are subject to their own terms and policies.
By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Payment Processors’ agreements, as the same may be modified from time to time.
You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the respective Payment Processor for more information.
Hart House Creative® assumes no liability or responsibility for any payments you make through the Service.
ACH Payment
By choosing to use a bank account as your payment method, you will be able to pay the payment due for the Products by using any valid automated clearing house ("ACH") enabled bank account at a United States-based financial institution. Whenever you choose to pay by ACH, you are authorizing Hart House Creative® (or its agent) to debit your bank account for the total amount of the fees due. Your transaction must be payable in U.S. dollars.
Hart House Creative®, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time. Transactions processed using your bank account will be identified as "Hart House Creative" (or similar identifier) on the statement issued by your bank or other financial institution holding your account.
All questions relating to any transactions made using your bank account by us should be initially directed to us, but may also require involvement of your bank.
By choosing your bank account as your payment method, you agree that:
(a) you have read, understand and agree to these Terms of Service, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation,
(b) you consent to the electronic delivery of the disclosures contained in these Terms of Service,
(c) you authorize Hart House Creative® (or its agent) to make any inquiries we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, and
(d) you authorize Hart House Creative® (or its agent) to initiate one or more ACH debit entries (withdrawals), and you authorize the financial institution that holds your bank account to deduct such payments, in the amounts and frequency designated in your then-current payment plan.
If you believe that any payment transaction initiated by Hart House Creative® (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible at customer@harthousecreative.com.
Notify us at once if you believe the password associated with your account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account without your permission.
We reserve the right to cancel the ability to pay by bank account for any reason at any time.
Federal law limits your liability for any fraudulent, erroneous, unauthorized transaction from your bank account based on how quickly you report it to your financial institution. As a general rule, you should report any fraudulent, erroneous or unauthorized transactions to your bank within 60 days after the questionable transaction FIRST appeared on your bank account statement.
You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability.
Fees and Payment Terms
You shall pay the fees set forth in the applicable checkout page, order form, or invoice in accordance with the payment terms set forth therein. Fees are non-refundable unless otherwise set forth in this Agreement (including without limitation the applicable order Form) or as required by applicable laws.
If you dispute any charges you must let Hart House Creative® know within thirty (30) days after the date that the charge is made.
We reserve the right to change prices. If prices are changed, we will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
You will be responsible for all taxes associated with the Service, other than taxes based on our net income.
Hart House Creative® will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
If your order is canceled after your payment has been received, we will issue a credit to your account in the amount of the charge.
Restrictions
Hart House Creative® reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed online through the Site, and to refuse to provide any user with any Product.
By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
Consent Agreement for Storing Payment Information
You agree that we may store your Payment Information following your completion of a Transaction.
We will only use Payment Information to finalize complete payment for any Product purchased online through the Site, via customer service, in a Gallery, and/or in an Outlet and/or to facilitate future Transactions you may initiate through the Site.
You may withdraw your consent permitting us to store your Payment Information by contacting us.
Any changes to the terms of this consent permitting us to store your Payment Information will be communicated to you as described in Section 1 of these Terms of Service.
Refunds & Exchanges
Refunds and exchanges will be subject to Hart House Creative®’s applicable refund and exchange policies.
The refund and exchange policy for Transactions made through the Site is available at:
https://www.harthousecreative.com/returns-and-exchanges
Shipping
You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges.
Title to and all risk of loss of or damage to the goods shall pass to and be assumed by you EXW when delivered to the carrier.
You are responsible for all transportation charges and for filing timely and proper claims against carriers if goods are lost or damaged in transit.
Any delivery date(s) are approximate and subject to scheduling changes made after the date hereof.
We are not liable for any loss or expense, whether by contract or tort, incurred by you resulting from failure to meet the estimated delivery date.
Risk of Loss
All products that may be purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Hart House Creative®.
Title to products purchased on the Service, as well as the risk of loss for such products, passes to you when we or our supplier delivers these items to the carrier.
Conditions of Access and Use
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Hart House Creative®, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”).
The following are examples of the kinds of content and/or uses that are illegal or prohibited by Hart House Creative®. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities.
You agree to not use the Service to:
Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Hart House Creative®, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Hart House Creative® or its users to any harm or liability of any type;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
Violate any applicable local, state, national, or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content) available on or through the Service, including through the use of virtual private networks;
Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Hart House Creative® from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Agreement Between User and harthousecreative.com
Welcome to harthousecreative.com. The harthousecreative.com website (the "Site") is comprised of various web pages operated by Hart House Creative®. harthousecreative.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of harthousecreative.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
harthousecreative.com is an E-Commerce Site
Hart House Creative® showcases their services on this website, provides a shop, and resources through articles and download guides. The shop contains products made by the Hart House Creative® team and in collaboration with other artists. Purchases are made through our website. Products are small runs and when they are gone they are gone. We reserve the right to do more than one run of a product.
Privacy
Your use of harthousecreative.com is subject to Hart House Creative®'s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting harthousecreative.com or sending emails to Hart House Creative® constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, 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 may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hart House Creative® is not responsible for third party access to your account that results from theft or misappropriation of your account. Hart House Creative® and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Hart House Creative® does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use harthousecreative.com only with permission of a parent or guardian.
Cancellation/Refund Policy
All sales are final. We do not offer returns. If you receive your product and it is damaged, please reach out to studio@harthousecreative.com and we will discuss a solution. Our goal is to make all our patrons 100% happy and we will do what we can to help. Refunds will be issued at our sole discretion and are not guaranteed.
Links to Third Party Sites/Third Party Services
harthousecreative.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hart House Creative® and Hart House Creative® is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hart House Creative® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hart House Creative® of the site or any association with its operators.
Certain services made available via harthousecreative.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the harthousecreative.com domain, you hereby acknowledge and consent that Hart House Creative® may share such information and data with any third party with whom Hart House Creative® has a contractual relationship to provide the requested product, service or functionality on behalf of harthousecreative.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use harthousecreative.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Hart House Creative® that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hart House Creative® or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hart House Creative® content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hart House Creative® and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hart House Creative® or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Hart House Creative® from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hart House Creative® Content accessed through harthousecreative.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Hart House Creative®, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hart House Creative® reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hart House Creative® in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Hart House Creative® agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HART HOUSE CREATIVE® AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HART HOUSE CREATIVE® AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HART HOUSE CREATIVE® AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HART HOUSE CREATIVE® AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HART HOUSE CREATIVE® OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Hart House Creative® reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hart House Creative® as a result of this agreement or use of the Site. Hart House Creative®'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hart House Creative®'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hart House Creative® with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hart House Creative® with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hart House Creative® with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Hart House Creative® reserves the right, in its sole discretion, to change the Terms under which harthousecreative.com is offered. The most current version of the Terms will supersede all previous versions. Hart House Creative® encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Hart House Creative® welcomes your questions or comments regarding the Terms:
Hart House Creative®
9850 S. Maryland Pkwy., Ste A-5 336
Las Vegas, Nevada 89183
Email Address:
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