TERMS + CONDITIONS
AGREEMENT BETWEEN USER AND TARA LENNEY DESIGN LLC
Welcome to Humble Abode. The Humble Abode website (the “Site”) is comprised of various web pages operated by Tara Lenney Design LLC (“TLD”). The Site offers digital art downloads (“Digital Prints”), physical framed prints (“Prints”), and related services. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of this Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting this Site or sending emails to Humble Abode 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.
All Prints and Digital Prints available through the Site are owned or controlled by Tara Lenney Design LLC and are protected by intellectual property rights. Any use of Prints purchased through the Site is subject to these Terms and Conditions. Upon payment of the price for any Print or Digital Print, we grant you a non-exclusive, non-transferable license to use the Print or Digital Print consistent with these terms. You agree that you will use Prints or Digital Prints for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or transfer any Digital Prints to anyone else. Nothing in these Terms grants to you any rights other than those expressly set out herein. These Terms do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Print or Digital Print. We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these Terms and to prevent your unauthorized use of this site and/or our Prints or Digital Prints. Digital Prints are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. You must adhere to any and all usage restrictions that apply to the Digital Prints as set out in these Terms.
Under the terms of your license to use the Digital Print, you may create physical printed copies of the same Digital Print up to five (5) times over a one (1) year period. Should you wish to exceed this limit, please email firstname.lastname@example.org and we will be able to assist you further.
To prevent unauthorized use, Digital Prints may carry a digital watermark or other security technology that will not appear on physical copies of the Digital Prints but which would allow us to identify the origin of the Digital Print and track any subsequent unauthorized transfer. You agree to not attempt to remove any such watermark or circumvent such security technology in any way.
CANCELLATIONS + RETURNS
You may not cancel an order by you for any download of a Digital Print once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.
We take great care in providing our Prints. In the unlikely event of faults with, or damage to, the Physical Prints, or if you have received a faulty or incomplete Digital Print, please contact us at email@example.com. We will repair or replace any such faulty or damaged Print if possible or, if there are continuing issues with the Print, we may issue you a refund. You must notify us within a reasonable period of time of download of the Digital Print or receipt of the Physical Print of any defects in or damage to the Print. If you fail to notify us within a reasonable time, we will have no liability to you. Notwithstanding the foregoing, you understand that your exclusive remedy and our sole obligation for a defective Print shall be that we will provide a replacement copy of a defective Print or repair or replace the same.
Please note that we cannot guarantee that the quality or design of any Print purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section. We have made every effort to display as accurately as possible the colors and images of our Prints. We cannot guarantee that your computer monitor's display of any color will be accurate.
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 Tara Lenney Design LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Tara Lenney Design LLC 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
This Site does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent or guardian and have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use this Site only with the permission of a parent or guardian.
LINKS TO THIRD PARTY SITES / THIRD PARTY SERVICES
This Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TLD and TLD 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. This Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TLD of the site or any association with its operators. Certain services made available via this Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Humble Abode domain, you hereby acknowledge and consent that TLD may share such information and data with any third party with whom TLD has a contractual relationship to provide the requested product, service or functionality on behalf of TLD users and customers.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
THIRD PARTY ACCOUNTS
You may be able to connect to third party accounts from this Site, now or in the future. By connecting to third party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by TLD 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 Humble Abode content accessed through this Site in any country in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless TLD, 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. TLD 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 TLD in asserting any available defenses.
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 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 TLD agree otherwise, the arbitrator may not consolidate more that one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
We do not guarantee, represent or warrant that your use of our Services or access to our Print offerings will be uninterrupted, timely, secure or error-free. We may make this site unavailable for indefinite periods of time or cancel the Services at any time, without notice to you. You agree you will have no claim against us, in respect of any decision to remove Prints from this site or any decision to suspend or terminate your access to this site or to Prints (including by way of purchase) through the site. You expressly agree that your use of, or inability to use, the Services to purchase Prints is at your sole risk. The Services and all Prints delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Juniper Print Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Prints procured using the Services, or for any other claim related in any way to your use of the Services or any Prints, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or Print) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
CHANGES TO TERMS
TLD reserves the right, in its sole discretion, to change the Terms under which Humble Abode is offered. The most current version of the Terms will supersede all previous versions. TLD encourages you to periodically review the Terms to stay informed of our updates.
Humble Abode welcomes your questions regarding the Terms. Email: firstname.lastname@example.org
- Credit / Debit Cards
COLLECTION OF YOUR PERSONAL INFORMATION
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
USE OF YOUR PERSONAL INFORMATION
Humble Abode by TLD collects and uses your personal information to operate and deliver the services you have requested. It may also use your personally identifiable information to inform you of other products or services available from Humble Abode by TLD and its affiliates.
SHARING INFORMATION WITH THIRD PARTIES
Humble Abode does not sell, rent, or lease its customer lists to third parties. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. Humble Abode may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Humble Abode, and they are required to maintain the confidentiality of your information. Humble Abode may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Humble Abode or the site; (b) protect and defend the rights or property of Humble Abode; and/or (c) act under exigent circumstances to protect the personal safety of users of Humble Abode, or the public.
OPT OUT OF DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the disclosure of your personal information. If you exercise your right to opt-out of the disclosure of your personal information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information. To opt-out of the disclosure of your personal information please contact us.
TRACKING USER BEHAVIOR
Humble Abode may keep track of the websites and pages our users visit within Humble Abode, in order to determine what Humble Abode services are the most popular. This data is used to deliver customized content and advertising within Humble Abode to customers whose behavior indicates that they are interested in a particular subject area.
AUTOMATICALLY COLLECTED INFORMATION
Information about your computer hardware and software may be automatically collected by Humble Abode. This information can include: your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Humble Abode website.
RIGHT TO DELETION
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information
CHILDREN UNDER THIRTEEN
Humble Abode does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
OPT OUT AND UNSUBSCRIBE FROM THIRD PARTY COMMUNICATIONS
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of Humble Abode by contacting us at email@example.com
CHANGES TO THIS STATEMENT
Humble Abode welcomes your questions or comments regarding this Statement of Privacy. Please contact us at firstname.lastname@example.org with any questions.