Terms of service

LEGAL NOTICE, TERMS OF USE & INTELLECTUAL PROPERTY POLICY

Effective Date: October 1, 2018. Updated Terms: May 28,2026
Website: www.boxxtheartist.com
Owner/Operator: Boxx The Artist

OVERVIEW

This website is operated by Boxx The Artist. Throughout the site, the terms “we”, “us” and “our” refer to Boxx The Artist. Boxx The Artist offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, external forms, or landing pages. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services, and discontinue use of the site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. ACCEPTANCE OF TERMS

By accessing, browsing, using, purchasing from, submitting content to, or otherwise interacting with this website (“Website”), you acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Use, Legal Notice, Intellectual Property Policy, Disclaimer, and all applicable laws and regulations.

If you do not agree to these terms, you must discontinue use of this Website immediately.

These Terms constitute a legally binding agreement between you and the Website owner/operator (“Owner,” “we,” “our,” or “us”).

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise expressly stated in writing, all content displayed, published, sold, streamed, transmitted, distributed, or otherwise made available on this Website is the exclusive intellectual property of the Owner and is protected under United States and international copyright, trademark, trade dress, moral rights, and intellectual property laws.

Protected content includes, but is not limited to:

Paintings, Drawings, Digital artwork, Graphic design, Photography, Film and video works, Music recordings, Instrumentals, Lyrics, Poetry, Written works, Journal entries, Visual concepts, Logos, Branding, Album artwork, Site design, Layouts, Creative direction, Audio samples, Voice recordings, Merchandise designs, Typography, Motion graphics, Promotional materials, Downloads, Product packaging, Multimedia works, Archived works, Unreleased concepts, Metadata, Source materials, NFTs or blockchain-linked creative assets (if applicable)

All rights are reserved.

No content may be copied, reproduced, republished, uploaded, posted, distributed, modified, translated, transmitted, sold, licensed, exploited, mirrored, scraped, indexed, reverse-engineered, or used to train artificial intelligence systems or machine learning models without prior express written permission from the Owner.

3. NO AI TRAINING OR DATA SCRAPING

Any unauthorized use of this Website or its contents for purposes including, but not limited to:

AI training, Dataset collection, Machine learning ingestion, Data mining, Web scraping, Archival replication, Embedding, Automated extraction, Metadata harvesting, Style replication, Generative model training

is expressly prohibited.

No license is granted for any computational, algorithmic, or automated use of the Website or its contents.

Use of bots, crawlers, automated systems, or similar technologies without written authorization is prohibited.

4. LIMITED LICENSE

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use this Website solely for lawful personal, non-commercial viewing purposes.

This license does not include rights to:

reproduce content; modify content; commercially exploit content; create derivative works; redistribute materials; remove watermarks or credits; frame or mirror any portion of the Website; use content for training datasets or synthetic generation systems.

Any unauthorized use immediately terminates this license.

5. COPYRIGHT INFRINGEMENT / DMCA NOTICE

The Owner respects intellectual property rights and expects users to do the same.

If you believe content on this Website infringes your copyright or intellectual property rights, you may submit a written DMCA notice containing:

Your full legal name and contact information;

Identification of the copyrighted work claimed to be infringed;

Identification of the allegedly infringing material;

A statement made in good faith belief that use is unauthorized;

A statement under penalty of perjury that the information is accurate;

Your physical or electronic signature.

DMCA Notices should be sent to:

Email: boxxtheartist@gmail.com
Mailing Address: contact email for mailing address

The Owner reserves all rights under the Digital Millennium Copyright Act and applicable law.

6. TRADEMARKS

All names, logos, titles, slogans, artwork identifiers, project names, branding elements, and visual identities associated with the Website are proprietary trademarks, trade dress, or protected brand elements of the Owner unless otherwise stated.

No use of any mark is permitted without prior written consent.

7. USER SUBMISSIONS

Any content voluntarily submitted to the Website, forms, landing pages, partner pages affiliate links, external links in connection to this website or Boxx The Artist, including messages, comments, reviews, emails, forms, photographs, artwork, testimonials, concepts, suggestions, or communications (“Submissions”), shall not be considered confidential unless expressly agreed in writing.

By submitting content, you represent and warrant that:

you own or control the full rights to the submission in perpetuity;

the submission does not infringe third-party rights or licenses;

the submission is lawful;

the submission is not defamatory, threatening, abusive, fraudulent, or misleading.

You grant the Owner a worldwide, non-exclusive, royalty-free license to display, reproduce, publish, archive, adapt, and distribute such submissions in connection with operation of the Website and related creative, commercial, or promotional activities.

The Owner reserves the right to remove submissions at any time without notice.

8. E-COMMERCE & SHOP TERMS

All purchases made through the Website are subject to availability and acceptance.

The Owner reserves the right to:

refuse service; cancel orders; limit quantities; discontinue products; correct pricing errors; revoke access to the Website; deny transactions suspected of fraud or abuse.

Prices are subject to change without notice.

Product images are displayed as accurately as possible; however, colors, textures, sizing, and presentation may vary depending on device settings and production methods.

Physical artwork, prints, garments, handmade items, and multimedia products may contain slight variations and are not considered defects.

Digital products, downloads, music, or streaming content may be subject to separate licensing terms.

Unless otherwise stated, all sales are final.

9. SHIPPING & DELIVERY DISCLAIMER

Delivery estimates are not guarantees.

The Owner is not responsible for delays caused by:

carriers;

customs;

weather;

labor disruptions;

supply chain interruptions;

lost or stolen packages;

incorrect shipping information provided by the customer;

events beyond reasonable control.

Risk of loss transfers to the purchaser upon delivery to the shipping carrier where permitted by law.

10. NO PROFESSIONAL ADVICE

The Website and its contents are provided for artistic, informational, educational, archival, and entertainment purposes only.

Nothing on the Website constitutes legal, financial, medical, psychological, therapeutic, business, or professional advice.

Reliance on any content is solely at your own risk.

11. DISCLAIMERS

THIS WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE OWNER DISCLAIMS ALL WARRANTIES INCLUDING:

MERCHANTABILITY;

FITNESS FOR A PARTICULAR PURPOSE;

NON-INFRINGEMENT;

TITLE;

ACCURACY;

RELIABILITY;

SECURITY;

AVAILABILITY;

ERROR-FREE OPERATION.

The Owner does not warrant that:

the Website will operate uninterrupted;

files will be free from viruses or harmful code;

defects will be corrected;

content will remain available permanently.

Use of the Website is at your sole risk.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO:

use of the Website;

inability to use the Website;

reliance on Website content;

unauthorized access;

loss of data;

business interruption;

purchase or use of products;

user conduct;

third-party actions;

linked websites;

technical failures;

intellectual property disputes;

emotional distress claims;

reputational damages;

lost profits or opportunities.

This limitation applies regardless of legal theory, including contract, tort, negligence, strict liability, or otherwise.

If liability cannot be fully excluded, it shall be limited to the minimum amount permitted under applicable law.

13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Owner, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, collaborators, representatives, successors, and licensees harmless from any claim or demand, liabilities, damages, losses, costs, judgments, penalties, expenses, or legal fees arising and or including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, and the following:

your use of the Website and any platform in connection thereof;

your violation of these Terms;

your infringement of intellectual property rights;

your misuse of content;

your submissions;

your unlawful conduct;

disputes involving your account or transactions.

This obligation survives termination of use.

14. THIRD-PARTY LINKS & SERVICES

The Website may contain links to third-party platforms, services, stores, streaming platforms, payment processors, social media platforms, or external websites.

The Owner does not control and is not responsible for third-party content, policies, practices, products, or services.

Accessing third-party sites is done at your own risk.

15. RESALE & UNAUTHORIZED COMMERCIAL USE

Products, artwork, music, downloads, and merchandise purchased from the Website may not be resold, reproduced, mass-produced, sublicensed, counterfeited, or commercially exploited without written authorization.

Unauthorized resale or reproduction may result in legal action.

16. RIGHT TO ENFORCE

Failure to enforce any provision of these Terms shall not constitute a waiver of rights.

The Owner reserves the right to pursue all available legal and equitable remedies for violations.

17. TERMINATION

The Owner reserves the right to suspend, restrict, or terminate access to the Website at any time, with or without notice, for conduct believed to violate these Terms or applicable law.

18. GOVERNING LAW & JURISDICTION

These Terms shall be governed by and construed under the laws of the State of Indiana, without regard to conflict of law principles.

Any dispute arising from or relating to the Website shall be resolved exclusively in the state or federal courts located in Indiana, and users consent to the jurisdiction of such courts.

19. SEVERABILITY

If any provision of these Terms is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.

20. CHANGES TO TERMS

The Owner reserves the right to modify, update, or revise these Terms at any time without prior notice.

Continued use of the Website following changes constitutes acceptance of the revised Terms.

21. CONTACT INFORMATION

For legal inquiries, permissions, licensing, or notices, contact:

Name/Business: Boxx The Artist
Email: boxxtheartist@gmail.com
Website: www.boxxtheartist.com

22. RESERVATION OF ALL RIGHTS

All rights not expressly granted herein are reserved exclusively by the Owner.

Unauthorized use of the Website or any content may violate copyright law, trademark law, privacy law, publicity rights, and other applicable civil and criminal laws.

The Owner reserves the right to pursue injunctive relief, monetary damages, statutory damages, attorney’s fees, and all other remedies available under law.

23. COPYRIGHT OWNERSHIP & LICENSE LIMITATIONS

All artwork, music, films, photographs, writings, designs, recordings, visuals, concepts, merchandise, and creative materials displayed, streamed, sold, or otherwise distributed through the Website remain the exclusive intellectual property of the Owner unless explicitly stated otherwise in a signed written agreement.

Purchase, download, streaming access, exhibition, viewing access, or possession of any physical or digital item does not transfer copyright ownership, trademark rights, publishing rights, synchronization rights, reproduction rights, master rights, licensing rights, or derivative rights.

No purchaser, collector, collaborator, viewer, curator, brand, publication, gallery, label, organization, or third party may:

reproduce the work;

commercially exploit the work;

mint the work as an NFT or blockchain asset;

create derivative works;

sample audio;

remix material;

use music for synchronization;

use imagery for advertising;

train artificial intelligence systems on the work;

create merchandise from the work;

archive or redistribute downloads;

alter or manipulate the work;

remove credits or metadata;

commercially exhibit reproductions of the work;

without prior express written authorization from the Owner.

All rights not expressly granted remain fully reserved.

24. MORAL RIGHTS & ARTISTIC INTEGRITY

The Owner expressly reserves all moral rights, artistic rights, attribution rights, integrity rights, and protections available under applicable intellectual property laws.

No work may be distorted, altered, manipulated, edited, color-shifted, reframed, re-captioned, misrepresented, modified, cropped, repurposed, transformed, overlaid, translated, or otherwise altered in any manner that could damage the integrity, meaning, context, authorship, reputation, or artistic intent of the work.

Unauthorized modifications or contextual misuse of the work may constitute infringement, defamation, false endorsement, unfair competition, or violation of moral rights protections.

25. ARTIFICIAL INTELLIGENCE, SYNTHETIC MEDIA & DIGITAL REPLICATION RESTRICTIONS

No content from the Website may be used for:

artificial intelligence training;

generative machine learning systems;

synthetic media generation;

voice cloning;

facial replication;

likeness modeling;

style emulation;

prompt engineering datasets;

biometric extraction;

motion replication;

image synthesis;

audio synthesis;

avatar generation;

deepfake creation;

automated content generation;

metadata harvesting;

embedding systems;

algorithmic analysis;

without prior written consent.

The Owner expressly prohibits any attempt to imitate, replicate, simulate, emulate, or generate substantially similar artistic styles, vocal performances, visual identities, likenesses, or creative expressions using artificial intelligence or automated technologies.

Unauthorized digital replication may constitute copyright infringement, unfair competition, false endorsement, violation of publicity rights, and other actionable claims.

26. RIGHT OF PUBLICITY & LIKENESS PROTECTION

The name, likeness, voice, image, identity, persona, signature, appearance, visual identity, and biographical elements associated with the Owner are protected by applicable publicity, privacy, intellectual property, and unfair competition laws.

No person or entity may use the Owner’s likeness, image, name, voice, artistic identity, or personal brand in connection with:

advertising;

endorsements;

synthetic media;

AI-generated content;

impersonation;

commercial campaigns;

misleading representations;

fabricated interviews;

false affiliations;

political messaging;

promotional materials;

without express written consent.

Unauthorized use may result in civil and criminal liability.

27. NFT, BLOCKCHAIN & DIGITAL TOKENIZATION PROHIBITION

No content associated with the Website may be minted, tokenized, fractionalized, sold, distributed, registered, authenticated, or otherwise associated with blockchain technologies, NFTs, cryptocurrencies, smart contracts, or digital asset systems without explicit written authorization.

Unauthorized minting or tokenization of the Owner’s work constitutes infringement and unlawful commercial exploitation.

The Owner reserves all digital asset, tokenization, blockchain authentication, and Web3-related rights whether currently existing or developed in the future.

28. EDITORIAL, PRESS & CURATORIAL USE

No editorial, journalistic, curatorial, academic, archival, museum, educational, or press-related use of Website materials is permitted without prior authorization unless otherwise required by law.

Authorized usage may require:

visible credit attribution;

limited-resolution usage;

non-commercial restrictions;

licensing agreements;

removal upon request.

The Owner reserves the right to revoke permissions at any time.

29. COLLECTOR & PURCHASER RIGHTS

Ownership of a physical artwork, print, object, garment, record, or merchandise item does not transfer ownership of the underlying intellectual property.

Collectors and purchasers may not:

reproduce the work;

manufacture copies;

commercially display reproductions;

create scans;

create AI replicas;

license the work to third parties;

create merchandise;

use works for branding;

modify or digitize the work for commercial use;

without written authorization.

The Owner reserves all reproduction, licensing, publication, adaptation, and derivative rights.

30. FRAUD PREVENTION & CHARGEBACK LIABILITY

The Owner reserves the right to refuse, cancel, limit, or investigate any transaction suspected of fraud, abuse, theft, bad-faith disputes, unauthorized activity, chargeback abuse, or unlawful conduct.

Fraudulent chargebacks, false payment disputes, or intentional misuse of payment systems may result in:

cancellation of orders;

revocation of licenses;

refusal of future service;

collection actions;

legal claims for damages, fees, and costs.

Digital delivery records, transaction logs, IP records, communication records, shipping confirmations, and platform verification systems may be used as evidence in disputes.

31. USER CONDUCT & COMMUNITY STANDARDS

Users may not use the Website or associated platforms to engage in:

harassment;

hate speech;

stalking;

threats;

impersonation;

defamation;

abusive conduct;

spam;

unlawful activity;

discriminatory conduct;

exploitation;

malicious interference;

doxxing;

intellectual property infringement.

The Owner reserves the right to remove content, terminate access, block users, preserve evidence, and cooperate with legal authorities where necessary.

32. ACCESSIBILITY STATEMENT

The Owner is committed to making reasonable efforts toward digital accessibility and usability.

However, the Website is provided on an “as available” basis, and the Owner does not guarantee uninterrupted accessibility across all technologies, devices, browsers, assistive technologies, or regional systems.

Users experiencing accessibility barriers may contact the Owner for reasonable assistance or accommodation requests.

33. AGE RESTRICTIONS & MATURE CONTENT

Certain Website materials may contain mature themes, emotional subject matter, artistic nudity, explicit language, political themes, experimental visuals, or content intended for mature audiences.

By using the Website, users represent that they are at least 18 years old or are using the Website under the supervision of a parent or legal guardian where permitted by law.

Parental discretion is advised.

34. FORCE MAJEURE

The Owner shall not be liable for delays, interruptions, failures, damages, or inability to perform resulting from causes beyond reasonable control, including but not limited to:

natural disasters;

weather events;

cyberattacks;

internet outages;

labor disputes;

pandemics;

governmental actions;

war;

terrorism;

supply chain disruptions;

utility failures;

technological failures;

hosting interruptions;

transportation delays.

Performance obligations shall be suspended for the duration of such events.

35. ARBITRATION & CLASS ACTION WAIVER

To the fullest extent permitted by law, any dispute arising out of or relating to the Website, products, services, content, or these Terms shall be resolved exclusively through binding individual arbitration in the State of Indiana.

Users waive:

the right to participate in class actions;

consolidated proceedings;

representative lawsuits;

jury trials.

Arbitration shall be conducted confidentially under applicable arbitration rules selected by the Owner.

Nothing in this section limits the Owner’s right to seek injunctive relief, equitable remedies, or intellectual property enforcement in court.

If this arbitration provision is found unenforceable, all remaining provisions shall remain in effect.

36. INTERNATIONAL USERS

The Website is operated from the United States.

Users accessing the Website from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.

The Owner makes no representation that Website materials are lawful or appropriate outside the United States.

37. PRIVACY & DATA COLLECTION NOTICE

Use of the Website may involve the collection of technical, transactional, analytical, or personal information including:

IP addresses; browser information; device identifiers; cookies; payment information; shipping information; email addresses; behavioral analytics; communication records.

Such information may be collected through the Website or through third-party providers including payment processors, analytics providers, ecommerce platforms, email marketing services, social media integrations, embedded media services, or security systems.

Users acknowledge that use of the Website constitutes consent to such collection, storage, and processing practices subject to applicable law.

A separate Privacy Policy may further govern such practices.

38. RESERVATION OF CREATIVE CONTROL

The Owner reserves the unrestricted right to:

archive works; remove projects; discontinue releases; alter editions; revise creative concepts; withhold publication; cancel collaborations; modify pricing; update branding; evolve artistic direction; restrict access to content;

without notice or liability.

No ongoing publication or availability of any work is guaranteed.

39. EQUITABLE RELIEF

Users acknowledge that unauthorized use of the Website or infringement of intellectual property rights may cause irreparable harm for which monetary damages alone may be insufficient.

Accordingly, the Owner shall be entitled to seek injunctive relief, equitable remedies, restraining orders, specific performance, and all other remedies available at law or equity without requirement of posting bond.

40.

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

41. ENTIRE AGREEMENT

These Terms, together with all incorporated policies, notices, disclaimers, and agreements, constitute the entire agreement between the parties concerning use of the Website and supersede all prior communications or understandings.

ADDITIONAL ONLINE STORE TERMS

SECTION 1- By accessing this website you are agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please be sure to view our Privacy Policy. Accessing this site, you agree to review all policies and terms.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 Arthentic Fit, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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.

SECTION 14 - INDEMNIFICATION

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Indianapolis, Indiana, US.

SECTION 19 - CHANGES TO TERMS OF SERVICE

We reserve the right to modify, amend, or update these Terms of Service at any time, with or without prior notice, in our sole discretion. Any changes become effective immediately upon posting to this website. By accessing or continuing to use this website, you acknowledge and agree that it is your responsibility to review the current Terms of Service and that the version published at the time of your access governs your use of the site. Your continued use of the website constitutes your acceptance of all modifications and your agreement to be legally bound by the then-current Terms of Service.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent via our contact form.

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Terms of service