Terms of Conditions and Website Use

TERMS OF CONDITIONS AND WEBSITE USE
Last updated: June 18, 2018
Please read these Terms (“Terms”) carefully before using https://www.artists4humanrights.com or any website owned and operated by Danmar Expressions LLC (“us”, “we”, or “our”). This page (together with the documents referred to on it) sets out the terms of use on which you may make use of www.artists4humanrights.com (the “Site”), whether as a guest, a shopper, a registered user or a member. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please immediately stop using the Site.
Access to and use of the Features of our website (Features) are conditioned upon acceptance of and compliance with these Terms. These Terms apply to all visitors, applicants, registered users, members, art lovers, shoppers and others who wish to access or use the Features.
By accessing or using the Features you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access our Site or the Features thereof.

COMMUNICATIONS
By creating an Account on our Site, you agree to accept newsletters, marketing, promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

PURCHASES
If you wish to purchase any product made available through the Site (“Purchase”), you will be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Since the payment gateway on this Site uses PayPal and Stripe, we do not have access to any of your financial information.
You represent and warrant that:
You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
The information you supply to us is true, correct and complete.
We employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product availability, errors in the description or price of the product, error in your order or other unforeseen reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product offerings on the Site. We may experience delays in updating information on the Site and in our marketing. Although we strive to be accurate, the information found on the Site may contain errors or inaccuracies and may not be complete or current. Products may be mispriced, described inaccurately, or unavailable on the Site. Unfortunately, we cannot guarantee accuracy or completeness of information on the Site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

PROMOTIONS
Any promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

CONTENT
Our Site allows members to upload digital graphics and graphic art specifically meant to be printed (“Content”). Although each piece of art is subjected to an approval process, each member is responsible for the Content that he or she has posted on the Site, including its legality, reliability and appropriateness.
By posting Content on the Site You represent and warrant that:
the Content is 100% original, yours (only you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
the Content is not available on any other website or in any store,
that the posting of your Content on the Site does not violate the privacy rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright, offering the same work elsewhere or offering work that he or she does not own outright.
You retain any and all of your rights to Content you submit, post or display on or through the Site and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content using the Features of the Site, you grant us the right and license to use, publicly display, reproduce, and distribute such Content in pursuit of marketing or Promotion of the entire Site.
Danmar Expressions LLC has the right but not the obligation to monitor and suggest edits on any and all Content provided by members.
In addition, Content found on this Site, with the exception of artwork which is owned by its artist, is the property of Danmar Expressions LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

ACCOUNTS
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.
You are obligated to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. We prefer that all members not declare a username that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

COPYRIGHT POLICY
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to
dmca@artists4humanrights.com, with the subject line: “Copyright Infringement”
and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims regarding the infringement of any copyrighted Content offered on the Site.

DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the allegedly infringed-upon copyrighted work, including the URL (i.e., web page address) of the location where the actual copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Site where the allegedly infringing material is located;
your name, address, telephone number, and email address;
a statement by you that it is your good faith belief that the disputed use is not authorized by the copyright owner, the owners agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at dmca@artists4humanrights.com

INTELLECTUAL PROPERTY
The Site and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Danmar Expressions LLC and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Danmar Expressions LLC.

LINKS TO OTHER WEBSITES
Our Site may contain links to third party websites or services that are not owned or controlled by Danmar Expressions LLC
Danmar Expressions LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Danmar Expressions LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

TERMINATION
We may terminate or suspend your account and bar access to the Site and its Features immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply notify us with an email to
artists@artists4humanrights, and please use the subject line TERMINATION.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Danmar Expressions LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of
a) your use and access of the Site, by you or any person using your account and password;
b) a breach of these Terms, or
c) Content posted on the Site.

LIMITATION OF LIABILITY
In no event shall Danmar Expressions LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
your access to or use of or inability to access or use the Site;
any conduct or content of any third party on the Site;
any content obtained from the Site; and
unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER
Your use of the Site is at your sole risk. The Site and its Features are provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Danmar Expressions LLC its subsidiaries, affiliates, and its licensors do not warrant that
a) the Site will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Site is free of viruses or other harmful components; or
d) the results of using the Site will meet your requirements.

EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and Site, and supersede and replace any prior agreements we might have had between us regarding the Site.

CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

CONTACT US
If you have any questions about these Terms, please contact us Support@Artists4HumanRights.com.