TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Effective as of 09 December 2015

Introduction

By using the Art & Artifact website (the "Site") at http://artandartifactbox.com, Art & Artifact subscription service (the "Subscription"), and or any ASH LLC applications or application plug-ins ("Applications"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, Application user, or Service user. In these Terms of Use the words "Art & Artifact", "ASH", "A Shared Humanity", "we", "us" and "our" refer to ASH LLC and "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us at .

You agree that by using the Site, the Subscription, any Applications, and any other Services, you are at least 18 years of age and you are legally able to enter into a contract. Also, you agree that by using the Site, any Applications, and the Services you accept the ASH Terms of Use and the following Terms, Conditions, and Policies, including any future amendments (collectively, the "Agreement"): Privacy Policy and Copyright Policy

Changes and Modifications
ASH reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become effective thirty (30) days after they have been posted to this site or ASH has otherwise notified you of the change. Though ASH may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version of this Agreement, which is always available from a link on our homepage. Your continued use the Site, the Subscription, any Applications, and the Services, following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, ASH grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Services as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Links to Other Sites

The Site may contain links to other affiliated or independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ASH’s control, and ASH is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Description of Site and Services

ASH Gatherings. ASH offers live gatherings intended to help both for creatives and the broader community.

Art & Artifact Subscription Service. The Art & Artifact ("Art & Artifact") service, presented by ASH, is a subscription service that enables members to receive customized art and physical items by post from artists of their choice.

Adults Only. The Art & Artifact Service is intended for adults only. You must be eighteen (18) years of age or older, or have obtained the consent of your parent or guardian, to use the Art & Artifact Subscription Service. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), ASH will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age. Please see our privacy policy for additional information or for how to notify us of any concerns you may have in this regard.

Electronic Communications

Visiting artandartifactbox.com or sending emails to ASH constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

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 to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ASH is not responsible for third party access to your account that results from theft or misappropriation of your account. ASH and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Conditions of Use and Conduct

As a condition of use, you agree to the following:

  • You will not use the Site, Subscription, Applications, and Services to harass, threaten, impersonate, or intimidate anyone.
  • You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.
  • You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
  • You will not transmit any worms or viruses or any code of a destructive nature.
  • You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site, Subscription, Applications, and Services or any part thereof.
  • You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
  • You will not use the Site, Subscription, Applications, and Services for any illegal or unauthorized purpose. If you are an international visitor, you agree to comply with all local laws regarding online conduct and acceptable content.
Paying for Goods

ASH allows you to pay for any orders you may place using the Cratejoy and Stripe billing services. See http://cratejoy.com and http://stripe.com. Though such payments appear to be made through the artandartifactbox.com website, they are not processed by ASH and ASH does not receive your payment information during such transactions. We encourage you to fully review the terms of use and privacy policies under which the Cratejoy and Stripe services are offered. Please be aware that goods or services purchased today may take several days to reflect at this third party payment processing service.

Return, Refund and Cancelation Policy

As explained above, the Subscription allows you to receive customized art and physical items by post. Due to the custom and exclusive nature of our Art & Artifact boxes, we are not able to accept returns. If you are unhappy with your box and are a subscriber, you may cancel your subscription at anytime. If you received a defective product or are missing a product in your box, please contact us at and we'll gladly do everything we can do to resolve the situation.

You may cancel your subscription at any time. All payments made to ASH prior to cancelation may not be refunded or recouped. Please contact us at with any questions.

Copyright Policy

If you believe that the ASH, or any member using the Site, Subscription, Applications, and Services, has violated a copyright you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act (“DMCA”) at and review our copyright policy for more details on how to properly notify us of a DMCA issue.

ASH Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “ASH Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such ASH Content, contained in the Service is owned, controlled, or licensed by or to ASH, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights.

Except as expressly provided in this Agreement or otherwise permitted by law, no ASH Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without the ASH’s express prior written consent.

Violation of the Agreement — Termination

You agree that ASH may, in its sole discretion and without prior notice, terminate your access to the Site, Subscription, Applications, and Services and/or block your future access to the Site, Subscription, Applications, and Services if it determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Site, Subscription, Applications, and Services. Please note that it is ASH’s policy to terminate the account of users who repeatedly violate the copyrights of third parties.

If ASH does take any legal action against you as a result of your violation of this Agreement, ASH will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ASH. You agree that ASH will not be liable to you or to any third party for termination of your access to the Site, Subscription, Applications, and Services.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, SUBSCRIPTION, APPLICATIONS, AND SERVICES IS AT YOUR SOLE RISK. THE SITE, SUBSCRIPTION, APPLICATIONS, AND SERVICES, INCLUDED ANY GOODS ORDERED THROUGH OR USING THE SITE, SUBSCRIPTION, APPLICATIONS, AND SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASH AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “ASH AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ASH AND THE ASH AFFILIATES MAKE NO WARRANTY THAT (a) THE SITE, SUBSCRIPTION, APPLICATIONS, AND SERVICES, INCLUDED ANY GOODS ORDERED THROUGH OR USING THE SERVICE, WILL MEET YOUR REQUIREMENTS; (b) THE SITE, SUBSCRIPTION, APPLICATIONS, AND SERVICES, INCLUDED ANY GOODS ORDERED THROUGH OR USING THE SERVICE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; c) CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED OR ORDERED THROUGH THE SITE, SUBSCRIPTION, APPLICATIONS, AND SERVICES IS ACCESSED OR ORDERED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASH OR THROUGH THE HTTP://ARTANDARTIFACTBOX.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASH AND THE ASH AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY DISMEMBERMENT YOU MAY SUFFER; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT ASH MAY MAKE TO THE SERVICE, INCLUDED ANY GOODS ORDERED THROUGH OR USING THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; or c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT MAINTAINED THROUGH THE SERVICE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT ASH AND THE ASH AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, ASH AND THE ASH AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You will defend, indemnify, and hold ASH and/or the ASH Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by ASH and/or the ASH Affiliates in connection with any claim arising out of your breach of the Agreement or your use of the ASH Site, Subscription, Applications, and Services. ASH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

General Terms: Entire Agreement

This Agreement is the whole legal agreement between you and ASH. It governs your use of the Site, Subscription, Applications, and Services and completely replaces any prior agreements between you and ASH with respect to the Site, Subscription, Applications, and Services. You may also be subject to additional terms and conditions that may apply when you use or purchase other Services from ASH and affiliated services.

General Terms: Governing Law

You agree that all matters relating to your access to or use of the Site, Subscription, Applications, and Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in San Francisco County, California, and waive any objection to such jurisdiction or venue.

General Terms: Dispute Resolution
In the event of any controversy or dispute between ASH and you arising out of or in connection with your use of the ASH Site, Subscription, Applications, and Services, ASH will attempt, promptly and in good faith, to resolve the dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

General Terms: Statute Of Limitations

You agree that, regardless of any statute or law to the contrary, any claim you may have under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

General Terms: Severability of Terms; Non-waiver of Terms; Assignment

If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If ASH does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. ASH may assign or delegate all rights and obligations under the Agreement, fully or partially.

General Terms: Notices

ASH may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Site, Subscription, Applications, and Services. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at .