Terms of Use

Last Updated December 5^th, 2015

Thank you for visiting artisanalbeing.com (“Site”). We sincerely hope that you have a pleasant experience on our Site. Please review the following basic rules that govern your use of our Site (“Terms of Use”), and please note that your use of our Site constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

Information posted on the Site may change without notice. In addition, Artisanal Being may revise these Terms of Use at any time. Please visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.

Legal info

This Site is expressly owned and operated by Artisanal Healing, LLC. Unless otherwise noted, all design and content featured on artisanalbeing.com, including navigational buttons and images, artwork, graphics, logos, photography, text, and the like, are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Artisanal Being. This Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our Site and the Site as a whole are intended solely for your personal, noncommercial use. Any use of our Site and its content for purposes other than personal and noncommercial, including but not limited to the reproduction, distribution, display or transmission of the content of this Site, is strictly prohibited without the prior written permission of Artisanal Being. You may download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.

Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information and/or register for an account. All information you provide must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use (authorized or unauthorized) under such access codes or passwords. We may suspend or terminate your access at any time with or without notice.

Authorized Use of Site

This Site is provided for your personal use only and is not intended for persons under the age of 18. Any other use of the Site requires the prior written consent of Artisanal Being. We may modify or discontinue the Site, with or without notice to you, and we will not be liable to you or any third party as a result of such modification or discontinuation.

Unauthorized Use of Site

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site.

Certain pages on the Site may allow you to post or submit videos, audio, photographs, text, or other content (“Content”). You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Artisanal Being. You may not post or distribute Content that is illegal or that violates these Terms of Use. By posting or distributing Content to the Service, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

By submitting or posting Content to the Site, you grant Artisanal Being the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Artisanal Being owns all right, title, and interest in any compilation, collective work, or other derivative work created by Artisanal Being using or incorporating Content posted to the Site. You are solely responsible for anything you may post on the Site and the consequences of posting anything on the Site.

You agree not to post, submit, or otherwise make available Content:

that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that is false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity;
that contains your own or a third party's advertising, branding or promotional content;
that is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
that restricts or inhibits any other user from using and enjoying the Site;
that is a “cut and paste” of private communication (including private messages) from other users;
that re-broadcasts any Content that otherwise violates these Terms of Use; or
that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

You agree not to use the Site to:

upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
interfere with, disrupt, or create an undue burden on servers or networks connected to the Site including via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of USe;
attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Service, through password mining or other means;
tamper with any copyright protection mechanisms applicable to content on the Site;
introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
to automate what are otherwise manual or one-off procedures; and
to frame portions of the Site within another web site. You may not resell use of, or access to, the Service to any third party without our prior written consent.

We reserve the right (but have no obligation) to review any Content, investigate, and/or take appropriate action against you in our sole discretion if you these Terms of Use or otherwise create liability for us or any other person. Such acts may include removing or modifying your Content, terminating your registration, and/or reporting you to law enforcement authorities. If we elect to modify your Content, we nonetheless assume no responsibility for the Content.

Disclaimer of Liability for Content

You are solely responsible for any and all of your Content. Because we do not control your Content, you acknowledge and agree that we are not responsible for any Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Content, and we assume no responsibility for any Content. Your interactions with other users are solely between you and such user. You agree that Artisanal Being will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved. You acknowledge that other users may post comments about your Content which may be derogatory, and Artisanal Being has no obligation to monitor or delete any such Content.

Limitation of Liability

Artisanal Being does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Site, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our Site. You agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Artisanal Being shall not be liable for damages of any kind related to your use of or inability to access this Site.

General Disclaimer of Warranties

Please be aware that we present this Site and our Content “as is” and make no claims to its accuracy, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, Artisanal Being does not represent or warrant that: (i) the information available accessible via the Site is accurate, complete, current or free of errors; (ii) the functions contained on the Site will be uninterrupted or free of errors; (iii) defects will be corrected; or (iv) the sites or the server(s) that makes them available are free of viruses or other harmful components. To the fullest extent permitted by applicable law, in no event shall the total liability of Artisanal Healing, LLC, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on the Site (the “Released Parties”) for all damages, losses, and causes of action (including personal injury, death or property damage) resulting from your use of the Site and/or the products and services provided by the Released Parties in connection with your order, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to the Released Parties in connection with the applicable products, service, or promotion giving rise to such liability. Without limiting the foregoing, in no event shall the Released Parties have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of the Released Parties. Additionally, in no event shall Artisanal Being be liable for indirect, incidental, consequential, special or exemplary damages arising from or in connection with your use or access of the Site, its contents and all text, images, products, orders, graphics, and other information, accessible from or available through the Site, even if it has been advised of the possibility of such damages. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Inaccuracies

We endeavor to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on artisanalbeing.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. We reserve the right to amend errors or to update product information at any time without prior notice. We describe our merchandise and include pictures and photographs on our merchandise, but sometimes the product varies slightly from the picture or description due to changes made by our manufacturers and we are not liable for these nonmaterial changes. In the event an Artisanal Being product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Artisanal Being shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Artisanal Healing, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Artisanal Being shall issue a credit to your credit card account in the amount of the incorrect price.

Availability

At artisanalbeing.com, we go out of our way to select unique merchandise. Please understand that many of our featured items are offered in limited quantities – indeed, some of them are one of a kind - and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on artisanalbeing.com is no longer in stock, we make every attempt to remove that item from the Site in a timely manner. If you should have any questions concerning the availability of a particular item, please contact us.

Colors

We try to display the colors of our products as accurately as possible. However, because the actual colors you see will depend on your monitor, we can’t guarantee that your monitor's display of any color will be accurate.

Payments

We accept the following credit cards: Visa; MasterCard; Discover; and American Express. Credit card payments are processed through Stripe, a cloud based payment platform. Your credit card information is encrypted and stored through Stripe’s firewall-protected data storage, databases and the general Stripe application. For more information, please visit www.stripe.com.

Links to Other Sites

While visiting artisanalbeing.com, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any website you may access through the Artisanal Being Site. They are independent from us, and we have no control over, or responsibility for, their information or activities. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every Site that you visit.

Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies

The failure of Artisanal Being to partially or fully exercise any rights or the waiver of Artisanal Being of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Artisanal Being or be deemed a waiver by Artisanal Being of any subsequent breach by you of the same or any other term of these terms and conditions. The rights and remedies of Artisanal Being under these Terms of Use and any other applicable agreement between you and Artisanal Being shall be cumulative, and the exercise of any such right or remedy shall not limit Artisanal Being’s right to exercise any other right or remedy.

No Ideas Accepted

Artisanal Being does not accept any unsolicited ideas from outside including without limitation suggestions about advertising, promotion or merchandising of our products, services, additions to our product/service lines, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site and/or Artisanal Being, you understand and acknowledge that such idea is not submitted in confidence and Artisanal Being assumes no obligation, expressed or implied, by considering it. You further understand that Artisanal Being shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Artisanal Being. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Artisanal Being an irrevocable, perpetual, worldwide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

Indemnification

You agree to indemnify, defend, and hold harmless Artisanal Being, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to you or any other person accessing this Site.

Notwithstanding anything else to the contrary contained in these Terms of Use, Artisanal Being use of any personally identifiable information (name, email address, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Artisanal Being’s protection of your information, please refer to our Privacy Policy page.

International Use

We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

Digital Millennium Copyright Act (“DMCA”) Notice

Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Site for the inclusion of illegal or impermissible content.

However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.

If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Artisanal Healing LLC

321 Walnut Street, #451

Newtonville, MA 02460

Email: info@artisanalbeing.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Applicable Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law provisions. You expressly consent to the exclusive jurisdiction and venue in the courts located in Boston, Massachusetts, for all matters relating in any way to these Terms of Use, your visit to or use of the Site, or to any purchase, return or other transaction with Artisanal Being.

To contact us with any questions or concerns in connection with these Terms of Use or the Site, please refer to our Contact Us page.

All users agree to assume full liability for any injury, damage or other harm that may result from their actions taken in connection with this Site, and agree to release Artisanal Being in full for all such liability.

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