Terms and Conditions

Giving Artist.Ltd (Giving Artist) provides the content, services, and promotional materials available on and through the websites that Giving Artist owns or controls (today or in the future), including www.givingartist.org (the Sites) subject to the following terms and conditions (Terms and Conditions). These Terms and Conditions also apply to the way we interact with you, and you interact with us, on third party sites where we post content or invite your feedback or participation, including, but not limited to, Twitter, Facebook, Instagram, YouTube, Pinterest, and Google+ (Giving Artist Channels). By accessing or using the Site, participating on the Giving Artist Channels, or signing up for the Mobile Program, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include an ARBITRATION PROVISION, CLASS ACTION WAIVER, and our Privacy Policy.

Please review the other policy statements that appear throughout our Site so you understand specific terms relating to functionality, ordering information, promotions, contests and our use of photos and videos you may provide to us. References to Terms and Conditions include these other policy statements.

additional policies

The following policies are incorporated into these Terms and Conditions. By agreeing to these Terms and Conditions, you also agree (as applicable) to our Privacy Policy, which also governs how we collect, store, process, and share your information.

mobile program terms and conditions
Giving Artist offers, or may offer in the future, various mobile messaging services (collectively, the Mobile Program). By signing up for the Mobile Program, or by otherwise using or participating in the Mobile Program, you agree to Giving Artist’s Terms and Conditions along with these Mobile Messaging Terms and Conditions (collectively, the Terms). Furthermore, by signing up for the Mobile Program, sending a mobile message to participate in the Mobile Program, or by otherwise using or participating in the Mobile Program, you consent to the collection, use and disclosure of your personal information in accordance with Giving Artist's Privacy Policy. These Terms may change from time to time, and we will post any updates here.

YOUR EXPRESS CONSENT TO RECEIVE AUTOMATED MARKETING CALLS AND TEXT MESSAGES FROM GIVING ARTIST

By signing up for the Mobile Program, you expressly consent to receive from Giving Artist and its contractors marketing phone calls and text messages made using an automatic telephone dialing system and/or an artificial or prerecorded voice to any mobile or residential phone numbers you provide to Giving Artist as part of your enrollment in the Mobile Program. You also understand that your consent is not required to make a purchase and that you may revoke your consent at any time.

By signing up for the Mobile Program, you also warrant and represent that you are either the account owner of any mobile or residential phone numbers you provide to Giving Artist, or you have the express permission of the account holder to provide such numbers.

You must be 18 or older to participate in Giving Artist's Mobile Program. Message and data rates may apply. You, not Giving Artist, will be solely responsible for any carrier charges because of text messages associated with the Mobile Program.

You may text HELP to 720-206-8410 at any time if you require assistance with the Mobile Program. Alternatively, you may email us at givingartist@gmail.comor call 1-303-200-0066. When emailing or calling for support, please be sure to include your mobile number and a detailed description of your question or support issue.

To cancel your participation in the Mobile Program and stop receiving marketing text messages from Giving Artist, text STOP to 720-206-8410 at any time. Alternatively, you may send an email with your mobile number and the subject "STOP" to givingartist@gmail.com or call 1-303-200-0066 to be removed from any future alerts or offers.

You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or contains hate speech. You acknowledge that Giving Artist may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in its sole discretion, to monitor, screen, or refuse any content you make available, including content that violates these Terms. By opting in to the Mobile Program from a mobile telephone number, you are representing to Giving Artist that the mobile number from which you have opted-in is one for which you are authorized to provide consent to receive mobile messages from Giving Artist. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary short codes to Giving Artist in order to stop future messages from being sent to that number.

Giving Artist is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Mobile Program for each mobile message sent.

Giving Artist reserves the right, in its sole discretion, to cancel or suspend any or all of its Mobile Program, in whole or in part, for any reason, with or without notice to you.

purchase related policies; use of the Site
The products available on the Site, or promoted on any Giving Artist Channel, and any samples thereof we may provide to you, are for personal use only. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

accuracy of information
We attempt to be as accurate as possible when describing our products; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free. From time to time there may be information on the Site that is in error, including with respect to descriptions, pricing and availability. Giving Artist reserves the right to correct those errors and to change or update information at any time without prior notice (including after you have submitted your order).

Our product descriptions and content are for educational and informational purposes only.

intellectual property
All content available on the website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the Content) is the property of Giving Artist Ltd. or its licensors, and is protected by United States, Canadian and international copyright laws and treaties.

The trademarks, logos, and service marks displayed on the website owned by Giving Artist (collectively, the Trademarks) are the registered and unregistered marks of Giving Artist Ltd., our affiliates, partners or licensors, in the United States and other countries, and are protected by United States, Canadian and international trademark laws and treaties. Third party trademarks displayed on the Site are the property of the respective third party and utilized by Giving Artist pursuant to a license.

Except as required under applicable law, neither the Content nor Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to Joy Benenson.

your obligations and responsibilities
In the access or use of the Site and Giving Artist Channels, you must comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You must always act in accordance with the law and in good faith. It is strictly prohibited to use or contact the Site to harass or disparage Giving Artist, its personnel, products or services. No unsolicited email (spam) may be directed to or through the Site. Users may not use the Site in order to transmit, distribute, display, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. If you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Giving Artist, our affiliates, partners or licensors.

dispute resolution
ARBITRATION PROVISION AND JURY TRIAL AND CLASS ACTION WAIVERS PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

YOU AGREE THAT BY ACCESSING OR USING THE SITE, PARTICIPATING ON THE GIVING ARTIST CHANNELS WITH GIVING ARTIST, OR SIGNING UP FOR THE MOBILE PROGRAM, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST GIVING ARTIST ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE, YOUR PARTICIPATION IN THE MOBILE PROGRAM, OR YOUR DEALINGS WITH GIVING ARTIST SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.

THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND GIVING ARTIST AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.

FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU AND GIVING ARTIST MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN DENVER, COLORADO. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE, YOUR PARTICIPATION IN THE MOBILE PROGRAM, OR YOUR DEALINGS WITH GIVING ARTIST MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURTS LOCATED IN DENVER, COLORADO, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS AND CONDITIONS. THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WILL SURVIVE TERMINATION OF YOUR USE OF THE SITE OR GIVING ARTIST CHANNELS, YOUR PARTICIPATION IN THE MOBILE PROGRAM, AND YOUR RELATIONSHIP WITH GIVING ARTIST. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (FAA), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG. IF YOU WISH TO INITIATE ARBITRATION AGAINST GIVING ARTIST, YOU MUST SEND WRITTEN NOTICE TO GIVING ARTIST AT THE ADDRESS BELOW:

GIVING ARTIST, LTD
126 Glencoe Street
Denver, CO 80220

With respect to any dispute regarding the Site or your use of the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Colorado, without giving effect to any principles of conflicts of laws, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Colorado.

comments, reviews and submissions
The Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, reviews of our products photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site, and on Giving Artist Channels (a Post or Posts). You must be a registered user to submit a Post. Please stay on topic and use the Posts to provide meaningful and respectful information for others. Repeating the same Post in multiple places is not permitted and links to obscene or offensive sites is also strictly prohibited.

Posts do not reflect the views of Giving Artist, and Giving Artist does not have any obligation to monitor, edit, or review any Post on the Site. Giving Artist assumes NO responsibility or liability arising from the content of any Posts nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Posts on the Site. You are strictly prohibited from making any Posts that are unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Giving Artist will fully cooperate with any law enforcement authorities or court order requesting or directing Giving Artist to disclose the identity of anyone posting any such information or materials.

Giving Artist may moderate any Posts and has the right (but not the obligation) to remove a Post that, in Giving Artist's reasonable judgment, violates these Terms and Conditions. Giving Artist may also terminate a registered user's account or right to make Posts. Giving Artist reserves the right to remove a Post if it contains any of the following content: Commercial solicitations or advertising for other products, offers or websites; any content or materials you do not own or which you have not secured the necessary rights; contact information of any kind including email addresses, URLs, phone numbers, and physical addresses; critical comments about other people or their Posts and discussions of medical conditions or claims of medical effectiveness.

All Posts on the Site and Giving Artist Channels are public information and displayed in a public forum. Posts will not be treated as confidential information under our Privacy Policy and information from Posts may be linked to your account with us. Use caution when submitting a Post. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Site or Giving Artist Channels where Posts will become public. By making a Post, you grant Giving Artist the perpetual, worldwide, irrevocable right (but not the obligation) to post, edit, modify, reproduce, re-use, publish, print, distribute, display or otherwise use your Post and any other information, ideas, or links that you provide, in whole or in part, without royalty, other compensation, recognition or attribution, in all forms of media, now known or developed in the future. You also acknowledge that Giving Artist may use your Posts, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you have questions, comments or feedback about customer service issues (delivery, pricing, etc.), please contact us via email: givingartist@gmail.com.

your account
You may choose to register on our Sites, and you should review our Privacy Policy before you do so. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Giving Artist's best interests to do so.

linking
It is strictly prohibited to link other sites with this website without Giving Artist's prior written permission. Giving Artist has no responsibility and assumes no liability for the unaffiliated sites to which it is linked, including but not limited to the content or web pages or other, products, services or materials on the Site linked to the Site or posted to the Site by anyone other than Giving Artist. We may permit some links for convenience (such as to Giving Artist Channels where we make content available), but it is not an endorsement by Giving Artist of the referenced content, product, service, supplier or Third Party Site. Please note that the rules and privacy policies of linked site (including Giving Artist Channels) may differ from those of Giving Artist and should be reviewed by you when you use the link to access the other site.

Giving Artist may use the APIs of various third party websites, including the Giving Artist Channels. Our Site is not verified by the Giving Artist Channels.

disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE AND/OR PARTICIPATION IN THE MOBILE PROGRAM ARE AT YOUR SOLE RISK. THE SITE, INFORMATION AND MATERIAL IN THE SITE, AND THE MOBILE PROGRAM ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, GIVING ARTIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE GIVING ARTIST EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
GIVING ARTIST MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIVING ARTIST OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

limitation of liability
We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the Site or its contents. We are also not responsible for any delay or failure in performance resulting directly or indirectly from acts of nature, or other forces or causes beyond our reasonable control including internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, explosions, acts of God, war, governmental actions, and non-performance of third parties not subject to our control.

In addition, we are not responsible for the contents of any communication, message, or information posted by you or other third parties; the content of any website not controlled, owned, or operated by us that is accessed from or linked to the Site; or the content, services or information provided by any website purporting to be operated by Giving Artist or its affiliates, but not actually affiliated with, controlled, owned, or operated by Giving Artist.

SUBJECT ONLY TO LIMITATIONS IMPOSED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GIVING ARTIST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATING TO THE SITE OR THE MOBILE PROGRAM REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR EVEN IF GIVING ARTIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

SPECIAL NOTICE FOR NEW JERSEY USERS

BY USING THE SITE, YOU: (A) ASSUME ALL RISK OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITE; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE GIVING ARTIST, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE; AND (D) YOU VOLUNTARILY WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST GIVING ARTIST FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF GIVING ARTIST AND ITS AGENTS AND EMPLOYEES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

indemnification
You agree to defend, indemnify and hold harmless Giving Artist, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including your contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Site.

fraud protection
We reserve the right to refuse to process any order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Digital Millennium Copyright Act (DMCA) Notice
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Giving Artist reserves the right, but not the obligation, to terminate your right to use the Site if Giving Artist determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Giving Artist accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, Giving Artist has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. You may contact the designated agent of Giving Artist to receive notification of claimed infringement at: or via mail Attn: Agent, Giving Artist, Ltd, 126 Glencoe Street Denver, CO 80220.

Giving Artist respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

electronic gift cards
eGift Cards (which may also be referred to as electronic gift cards, electronic gift certificates or eGift certificates) can be redeemed only online at the Site. Recipients of eGift Cards must have e-mail and access to the Internet in order to receive and redeem their online eGift Card. Promotional offers and discounts cannot be applied to the purchase of eGift Cards. The value of eGift Card purchases are not used to determine promotional thresholds. Free gifts, specials, deluxe samples are not valid when purchasing an eGift Card.

The use of eGift Cards is subject to these Terms and Conditions and applicable law. eGift Cards may only be used to purchase merchandise on the Site and cannot be used to purchase other eGift Cards. Giving Artist will not honor eGift Cards sold by any other vendor or person other than Giving Artist. eGift Cards cannot be used at other retailers to purchase Giving Artist products.

When you purchase an online eGift Card from the Site, we will automatically send the recipient an e-mail within 24 hours, including the eGift Card code and instructions for use on the Site. The code should be entered onto the Payment Information page during the checkout process. If the amount of the order exceeds the amount of the eGift Card, the recipient will need to use a credit card to pay for the balance of the order. If any online store credit is available to the recipient, then the store credit will automatically be applied first.

Except as required by law, eGift Cards are not redeemable for cash.

eGift Cards purchased by our customers do not expire and are not subject to any fees or charges. If we issue promotional eGift Cards or coupon codes in the future as a benefit to the members of our loyalty program, or otherwise, those promotional eGift Cards or coupon codes may be subject to an expiration date.

You can use one eGift Card towards the purchase of your order. Redemption of multiple eGift Cards for one order is not available at this time.

If you misplace or delete your eGift Card, send an e-mail to our Customer Service department and we will resend the redemption code for the eGift Card to the original recipient address. Please remember to include the recipient e-mail address and/or the order number with which it was purchased. If you sent the eGift Card to the wrong e-mail address, please contact us at givingartist@gmail.com or (303) 200-0066. Our representatives will only be able to resend your eGift to a different recipient if it has not been redeemed.

Promotional eGift Cards and coupons cannot be resent or recovered if deleted.

If your eGift Card code is valid and unredeemed but not functional, our sole obligation will be to replace the eGift Card.

eGift Cards that have already been sent but have not yet been redeemed can be returned to the original purchaser's credit card. The eGift Card is automatically cancelled upon the return. Please note that we cannot recall an eGift Card e-mail after it has been sent.

If the merchandise purchased with an eGift Card is returned, an online store credit will be issued to the gift recipient for the full amount of the merchandise return. Giving Artist does not offer exchanges or cash refunds for eGift Card purchases. Any funds charged to a credit card will be automatically credited to the same card.

In addition to any other remedies, Giving Artist reserves the right to close your account or require an alternative form of payment if a fraudulently obtained eGift Card is presented for redemption.

general
By using the Site or signing up for the Mobile Program, you acknowledge and agree that these Terms and Conditions, which include our Privacy Policy constitute the complete and exclusive agreement between us concerning your use of the Site and/or participation in the Mobile Program, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site and/or participation in the Mobile Program constitutes your agreement to all such Terms and Conditions.

If you have any questions regarding these Terms and Conditions, please contact us at givingartist@gmail.com.

children’s privacy notice

At Giving Artist, we are committed to protecting the privacy, safety, and integrity of any information that we collect from our customers. That’s why in addition to our Privacy Policy [INSERT LINK], we also publish this Privacy Notice that explains our processes with respect to information provided by children under the age of 13 (“child” or “children”) in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”). For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online athttps://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

In accordance with COPPA, and to better serve our customers, Giving Artist does not target any marketing materials or advertisements at any child, whether online or offline. All advertising and media purchases are made in a manner that includes only websites or social media channels that do not permit use by or target children, such as Facebook or Instagram. Certain of our brands may be intended for a younger audience; however we never intentionally direct any advertising or materials to any person under the age of 13.

Also, Giving Artist does not allow any child to make a purchase on Giving Artist.com and displays clear and conspicuous warnings that prohibit children from providing any information.

In the event that any child ignores these steps and provides any information to Giving Artist or creates a shopping account at Giving Artist.com, then Giving Artist will immediately delete the information from its databases or the shopping account, in each case relating to that individual from its records. If you have any reason to believe that a child has provided information to Giving Artist, you may let us know at any time by emailing info@Giving Artist.com.

Finally, Giving Artist’s websites and advertisements are included in [CERTIFYING VENDOR NAME] Safe Harbor Certification Program (“Program”). [CERTIFYING VENDOR NAME] is an independent, third-party organization committed to safeguarding children’s personal information collected online. The [CERTIFYING VENDOR NAME] COPPA certification seal posted on this page indicates that Giving Artist has established COPPA compliant privacy practices and has agreed to submit to [CERTIFYING VENDOR NAME]’s oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at info@Giving Artist.com. If you have further concerns after you have contacted us, you can contact [NAME] directly at [●]@name.com.