Linverse Arts and linverseart.com Terms & Conditions
Overview:
Please read these Terms & Conditions carefully and in their entirety before using linverseart.com (hereinafter referred to as the “Site”). The Site and its content are owned by Linverse Arts.
PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.
IMPORTANT NOTES:
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at lindseyharrington000@gmail.com.
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. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No.27 and voluntarily waive your right to a jury trial.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Linverse Arts and our website, linverseart.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Lindsey Harrington, Linverse Arts, and/or linverseart.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Linverse Arts and/or on linverseart.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, website address, email address, telephone number, mailing/shipping address, billing address, payment or credit card information, geographic location and Site behavior, what type of device or software you use, your IP address (with location information), time zone, information about your web browser, some of the cookies that are installed on your device, and whether you view the Site on mobile, tablet, or desktop, etc.
“Site, Courses, Services, Item, and/or Products” means linverseart.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, artwork, art prints, commissions, images, and/or templates available on the Site.
“Site” means linverseart.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
“Artwork, Artworks, Pieces, Images, or Work” means any creative medium showcased on the Site. This includes, but is not limited to; any form of traditional art (painting, sculpture, etc.), digital art, art prints, commissions, photography, literature, comics, music, animation, and mixed media.
2. Consent:
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and Disclaimer.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.
3. Site Rules:
By using the Site, it’s Content, Services, and/or making any Purchase, you hereby agree & consent not to:
• Abuse, harass, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability of any person through or on the Site.
• Solicit others to perform or participate in any unlawful acts.
• Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
• Use the Site in any way or for any purpose which violates any law of the United States, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, and the jurisdiction in which you use the Site.
• Post or transmit any “spam,” “junk mail,” “phish,” “pharm,” “pretext,” “spider,” “crawl”, “scrape,”“chain letters,”“pyramid schemes,” or any unwanted, unsolicited content.
• Post copyrighted materials, photographs, or content which do not belong to you.
• Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
• Copy, download, share, post, use, reproduce, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, transmit, or otherwise transfer any portion of (a) the Services or our intellectual property in any way that infringes on our intellectual property rights or (b) any Linverse Arts copyrights or trademarks.
• Frame, mirror, or otherwise simulate the appearance or function of the Services, any Content, forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any artwork or content transmitted through the Services.
• Submit false or misleading information anywhere on the Site.
• Upload, post, email, transmit or otherwise make available any Services, Artwork, Products, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
• Impersonate any person or entity, including, but not limited to, our employees, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Decompile, disassemble or otherwise reverse engineer the Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services
• 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 Site, Service or of any related website, other websites, or the Internet.
• Collect or track the personal information of others.
• Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
• Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them
• Impersonate any person or entity, including, but not limited to, our employees, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent
• Bypass any measures we may use to prevent or restrict access to the Services
• Circumvent or manipulate our payment process
We reserve the right to terminate your use of the Service or any related website for violating any of the above prohibited uses.
4. DISCLAIMER:
The purpose of this Site is to be a creative outlet showcasing artworks created by Linverse Arts through a portfolio, with the option for you to purchase an original Artwork(s) and/or an Art Print(s) in the online shop, and/or request a Commission via email at lindseyharrington000@gmail.com.
Some of the Artwork featured on this Site may not be/are no longer for sale.
This Site is not intended for free artwork.
5. Your Consent to These Terms & Conditions:
By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
6. Changes To These Terms & Conditions:
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
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.
7. Links to Third-Party or External Websites:
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
8. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Linverse Arts. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
9. Our Limited License to You:
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.
You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.
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.
10. Your License to Us:
By commenting on the Site, or submitting documents, materials, and/or images to Linverse Arts via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
11. Purchase & Access Terms:
During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, sell, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
12. Online Store Terms
Linverse Arts and team provides services to subject to notices, terms and conditions as set out below. By accessing, browsing, purchasing, downloading, or shopping on this website, you agree to all the terms and conditions in this agreement. Once again, please read them carefully.
Our store is hosted on Etsy. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We print our art prints using CatPrint LLC.
The use of the Services and Products is limited to orders for your personal use. However, if you are interested in buying large quantities of products, please contact lindseyharrington000@gmail.com.
13. Payments and Purchases
If products or services are made available for purchase through the Services and you wish to purchase the products or services, you may be asked by us or our designee (or, if the products or services are being made available by a third party provider, by the third party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT TO PURCHASE ANY PRODUCT AND/OR SERVICE.
You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.
When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay via Etsy or PayPal. By doing so, you give Linverse Arts and/or Etsy permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
If you elect the installment or “pay over time” option at checkout, you agree that Linverse Arts has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
14. Shipping and Delivery
Please click here to read Our full Shipping Policy.
15. Our Refund Policy
Please click here for Our full Refund Policy.
16. Sharing the Site & Its Content:
You must request and receive written permission by email lindseyharrington000@gmail.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Linverse Arts.
17. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
18. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS, and without warranties of any kind, neither express nor implied, to the extent permitted by law.
You hereby waive any legal or equitable rights or remedies you have or may have against us with respect to any activities, artwork, products, services, content, actions or inactions of any third party in connection with the services, including without limitation, any illegal, defamatory, offensive, or unauthorized conduct by any users.
We cannot guarantee continuous or secure access to or that the services will be error free or that all transactions will be completed. the operation of the services may be interfered with by numerous factors outside of our control. to the extent legally permitted, we disclaim all express and implied warranties, terms and conditions, including, but not limited to any implied warranties of merchantability, quality of information, quiet enjoyment, noninfringement, title, or fitness for a particular purpose. you assume all risks associated with your use of the services.
19. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Linverse Arts’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Linverse Arts, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
Additionally, You acknowledge that any agreement you make with another party through the Services is strictly between you and that party and we are not a party to that agreement. If you have a dispute with another party, you hereby release us (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with that dispute.
20. Errors & Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our Services and Products. However 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. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
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.
21. Modifications to the Service and Prices
All products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. 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, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order.
We reserve the right to refuse any order at our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
22. Products and/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 Refund and 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 or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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 any time without notice, at the sole discretion of 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.
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.
23. Accuracy of Billing and Account Information
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.
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 you provided at the time the order was made.
24. 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.
25. 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.
26. 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.
27. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Site or Linverse Arts’s Courses, Services, and/or Products, please contact us directly first by emailing Lindsey Harrington at lindseyharrington000@gmail.com.
In the United States, if we are unable to amicably resolve your dispute in that manner, you agree that you and Linverse Arts shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
For users outside of the United States, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures. The ICDR’s rules are available at https://www.icdr.org.
If you are from the European Union (“EU”) and purchased products, the EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in New Jersey. The language of the arbitration will be English. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will reimburse you for filing, administration and arbitrator fees for claims totaling less than USD $1,000.00, unless the arbitrator determines the claims are frivolous. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Waretown, New Jersey.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of New Jersey. The only award that can be issued to you is a refund of any payment made to Linverse Arts for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to lindseyharrington000@gmail.com. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of Products and/or Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
28. Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction located in the State of New Jersey. If that occurs, however, this Agreement to Arbitrate and this CLASS ACTION WAIVER still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
29. Waiver of Trial by Judge or Jury
YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.
30. Limitation of Actions
You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from these Terms and Conditions, Privacy Policy, and/or Disclaimer must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
31. Consent to Governing Law:
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of New Jersey in The United States.
32. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of New Jersey or a state court located within the State of New Jersey in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
33. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of New Jersey for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of New Jersey.
34. Limitation of Liability:
Linverse Arts is not responsible or liable in any way for any for special, punitive, exemplary, consequential, or any other and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, loss of money or profits, goodwill, data, artwork, content or reputation, or any property damage or personal injury without regard to the form of action (including, but not limited to, contract, negligence, or other tortious actions) arising out of or in connection with your use of the services, (even if we have been advised of the possibility of those damages), death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all Products delivered to you 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.
Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
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.
In no case shall Linverse Arts, 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.
35. Defense & Indemnification
You shall, at all times, indemnify, defend, and hold harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) Linverse Arts, Lindsey Harrington, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Linverse Arts and Lindsey Harrington (b) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim. (c) arising out of your (or anyone using your account’s) breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or any of our policies; and (d) arising out of any alleged breach or negligence said to have been committed by us.
36. Force Majeure
We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.
37. Termination of Your Use
At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.
38. Entire Agreement
These Terms & Conditions, our Privacy Policy, and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
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.
39. Severability
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein.
If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
40. Miscellaneous
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights.
These Terms, set forth the entire understanding and agreement between you and us with respect to the subject matter these Terms.
41. Your Privacy & Security on the Site:
Please read our Privacy Policy for how we handle your personal information.
42. Contact
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
Linverse Arts
• Website: linverseart.com
• Email: Lindsey at lindseyharrington000@gmail.com
Updated on 11/10/22