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TERMS AND CONDITIONS
Agreement between User and Inherit Artworks LLC
Welcome to Inherit Artworks LLC. The Inheritartworks.com website (the “Site”) is comprised of various web pages operated by Inherit Artworks LLC is offered to you conditioned on your acceptance without modifications to the terms, conditions, and notices contained herein (the “Terms”). Your use of Ineritartworks.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Privacy
Your use of Inheritartworks.com is subject to Inherit Artworks LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collections practices.
Electronic Communications
Visiting Inheritartworks.com or sending emails to customersupport@inheritartworks.comconstitutes 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 requirements that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree and 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 Inherit Artworks LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Inherit Artworks LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links to Third Party Sites/ Third Party Services
Inherit Artworks LLC may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Inherit Artworks LLC and Inherit Artworks LLC is not responsible for the contents of any Linked Site, including without limitation and link contained in a Linked Site, or any changes or updates to a Linked Site. Inherit Artworks LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Inherit Artworks LLC of the site or any association with its operators. Certain services made available via Inherit Artworks LLC are delivered by third party sites and organizations. By using any product, service or functionality originating from the inheritartworks.com domain, you hereby acknowledge and consent that Inherit Artworks LLC may share such information and data with any third party with whom Inherit Artworks LLC has a contractual relationship to provide the requested product, service or functionality on behalf of Inherit Artworks LLC users and customers.
No Unlawful or Prohibited Use Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use inheritartwroks.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Inherit Artworks LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, logos, images, as well as the compilation thereof, and software used on the Site is the property of Inherit Artworks LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part, found on the Site. Inherit Artworks LLC, inheritartworks.com, content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Inherit Artworks LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Inherit Artworks LLC or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web page, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively; “Communication Services”). You agree to use the Communications Services only to post, send and receive messages and material that are proper and related to the particular Communications Service.
By way of example, and not as a limitation, you agree that when using a Communications Service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents, upload files that contain viruses, corrupted files, or any other similar software pr programs that may damage the operation of another’s computer, advertise or offer to sell or buy any goods or services for any business purpose, unless such Communications Service specifically allows such messages, conduct or forward surveys, contest, pyramid schemes or chain letters, download any file posted by another user of a Communications Service that you know, or reasonably should know, cannot be legally distributed in such manner, falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other users from using and enjoying the Communications Service, violate any code of conduct or other guidelines which may be applicable for any particular Communications Service, harvest or otherwise collect information about others, including email addresses, without their consent, violate any applicable laws or regulations.
Inherit Artworks LLC has no obligation to monitor the Communication Service. However, Inherit Artworks LLC reserves the right to review materials posted to a Communication Service and to remove any material in its sole discretion. Inherit Artworks LLC reserves the right to terminate your access to any or all of the Communications Services at any time without notice for any reason whatsoever.
Inherit Artworks LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit, refuse to post or to remove any information or materials in whole or in part, in Inherit Artworks LLC’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Inherit Artworks LLC does not control or endorse the content messages or information found in any Communication Service and therefore, specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and host are not authorized Inherit Artworks LLC spokespersons, and their views do not necessarily reflect those of Inherit Artworks LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and or dissemination. You are responsible for adhering to such limitations if you upload the material.
Materials Provided to Inherit Artworks LLC or Posted on Any Inherit Artworks LLC Web Page
Inherit Artworks LLC does not claim ownership of the materials you provide to Inherit Artworks LLC (including feedback and suggestions) or post, upload, input or submit to any Inherit Artworks LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Inherit Artworks LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet Business including, without limitation, the right to copy, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Inherit Artworks LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Inherit Artworks LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
Third Party Accounts
You will be able to connect your Inherit Artworks LLC account to third party accounts. By connecting your Inherit Artwork LLC account to your third-party account, 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.
International Users
The Service is controlled, operated and administered by Inherit Artworks 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 Inherit Artworks LLC Content accessed through Inheritartworks.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Inherit Artworks LLC, 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. Inherit Artworks LLC 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 Inherit Artworks LLC in asserting any available defenses.
Arbitration
In the even the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the even 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 Inherit Artworks LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION SORTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAIABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INHERIT ARTWORKS LLC AND OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES IN THE SITE AT ANY TIME.
INHERIT ARTWORKS LLC AND OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABLITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INHERIT ARTWORKS LLC AND/ OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INHERIT ARTWORKS LLC AND OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA PR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OR USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/ Access Restriction
Inherit Artworks reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you Inherit Artworks LLC as a result of this agreement or use of the Site. Inherit Artworks LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Inherit Artworks LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Inherit Artworks LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Inherit Artworks LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Inherit Artworks LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Inherit Artworks LLC reserves the right, in its sole discretion, to change the Terms under which Inheritartworks.com is offered. The most current version of the Terms will supersede all previous versions. Inherit Artworks LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Inherit Artworks LLC welcomes your questions or comments regarding the Terms:
Inherit Artworks LLC
PO Box 170009
Spartanburg, SC, 29301
Email: customersupport@inheritartworks.com
Effective as of August 1st, 2024
PRODUCT SALES AGREEMENT AND LIABILITY WAIVER
This agreement is between Inherit Artworks, LLC, (herein known as IA) and Customer purchaser of IA products (herein known as customer).
1. Customer agrees and understands that the purchase of IA artwork does not include copyrights of said product and only pertains to the product being purchased.
2. Customer understands that each art piece is hand-painted and unique, which may result in variances of product based on images from website, brochures, or other means of marketing.
3. Customer understands that product(s) must be purchased, and cremation ashes received before IA can begin creation of purchased product(s).
4. Customer understands and agrees that once cremation ashes are received IA is unable to offer a refund of purchased product. Refunds will be offered if the customer has not shipped cremation ashes to IA or if IA has not received ashes due to lost package by postal carrier.
6. Customer understands and agrees that someone must be available to provide a signature upon delivery of the product. Customer understands the product may be delayed in delivery or returned to sender if the shipping company is unable to gain signature at the time of delivery, and customer understands they will be responsible for additional shipping costs if the product must be re-shipped due to unsuccessful delivery.
7. Customer agrees that IA is not responsible for damages, errors, or loss of product by third party shipping companies or acts of God. Customer shall agree not to hold IA liable for such damages or loss.
8. Customer understands that purchased goods have undergone quality assurance processes to meet IA standards before being shipped and released to Customer. Customer agrees that in the event of damages or loss of product goods, Customer shall contact IA to return damaged product or notify IA of missing products within thirty days of when the product has shipped. IA agrees to repair such damages or replace lost product in the event the product was lost during shipping, at no cost to the customer, including shipping cost. IA may require alternate means of receiving product. IA’s acceptance of product does not signify admission of fault by IA.
9. In the event of dispute, the parties will attempt to resolve disputes arising out of or related to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, parties agree to resolve the dispute through arbitration.
10. Any legal or equitable claim that may arise between Customer and IA will be resolved under South Carolina law.
11. By continuing with the purchase from IA, Customer agrees to the Product Sales Agreement and Liability Waiver as stated above.This is a place to describe your Return and Refund Policy to buyers.
Copyright © 2023 Inherit Artworks - All Rights Reserved.
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