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Terms and Conditions Agreement

Art Hub Studio LLC

https://arthub.studio

 

Agreement between User and https://arthub.studio

Welcome to https://arthub.studio. The https://arthub.studio website (the “Site”) is comprised of various web pages operated by Art Hub Studio LLC. https://arthub.studio is offered to you conditioned on your full, entire, and complete acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://arthub.studio constitutes your agreement to all such Terms in their entirety. No element of the Terms is considered severable from any other element. Only uses of this website which are explicitly stated in these Terms are authorized, no other uses are permitted. Please read these terms carefully, and keep a copy of them for your reference.

These terms will include, at a minimum: 1) permitted uses of website permitted by Art Hub Studio LLC, 2) how user-created content is managed by Art Hub Studio LLC, 3) disclaimer of warranties where appropriate, 4) limitation on liabilities for Art Hub Studio LLC for certain types of conduct, 5) governing law and dispute resolution agreements and terms, 6) modification procedures and terms.

All elements are intended to be expressly and mutually binding on all parties.

https://arthub.studio is a multi-vendor E-commerce Site.

For the purpose of these Terms, a Vendor=Represented Artist/Gallery; and a Collector=Retail Customer.

Art Hub Studio LLC is an online art store consisting of 50% retail and 50% services. Our retail merchandise is fine art. All art for sale on the Site is created by various artists represented by Art Hub Studio LLC. For services, Art Hub Studio LLC represent artists and galleries through customized virtual storefronts on the website https://arthub.studio. These services include, but are not limited to, crating/packaging, professional product photography, conversion of original art to printable canvas, marketing, customer service, collection for warehousing, shipping and fulfillment.

Art Hub Studio LLC’s goal is to sell art successfully and retain customers to the best of its ability.

Users agree not to misuse our services. This includes but is not limited to interfering with our service, its user base, or attempting to access or manipulate any element or component of this service outside of those intended, or reasonably believed to be intended in the interest of Art Hub Studio LLC. Use is restrained by and to include that which is permitted by law – no illegal uses are condoned or granted – to include any and all binding intellectual property and import/export laws which may govern use and transaction herein.

Privacy

Your use of https://arthub.studio is subject to Art Hub Studio LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://arthub.studio or sending emails to Art Hub Studio LLC 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.

Use of this electronic medium for communication shall be deemed equivalent to in-writing requirements, and any legally required notifications may be delivered or made notice thereof electronically except where binding law or regulation prohibits. Any submission of electronic communication expressly created by the user is considered “signed” for all relevant legal purposes; this includes but is not limited to electronic messaging communication through the site or to Art Hub Studio LLC utilizing any electronic communication medium or application. User agrees that any communication or communicative action engaged in relative to dealings with Art Hub Studio LLC is considered “signed” by them upon satisfying relevant command submission criteria, and agrees to be bound as such.

Your Account

If you use this site, or allow someone to use your account to access this Site knowingly or otherwise, you are responsible for maintaining the confidentiality of your account password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Art Hub Studio LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Art Hub Studio LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion, at any time, without prior notice or consent. Etiquette that may result in termination of postings, communication, information provided, uploaded, or otherwise made extant on the Site are listed in the community guidelines herein after.

Community Guidelines

All users of any service provided by or otherwise derivative of Art Hub Studio LLC’s mission to create a thriving and creative environment of artistic exchange agree to adhere, follow, and uphold all tenants of our community guidelines.
Our community guidelines discourage and prohibit the following behaviors:

  • Spamming of commentary on public post boards or private emails beyond what is necessary to convey a genuine bona fide purchasing experience. (View “Use of Communication Services” for more detail)
  • Commentary should be tied to the business conducted on the Site. Reasonably offensive communications directed toward an artist and their work may be removed and result in account processing action such as suspension, or in extreme cases, termination and revocation of access licenses.
  • Information which conveys – absent express permission – personal information regarding the artist to include but not be limited to their address, contact information, or other information the artist themselves have not already expressly disclosed on the site.
  • Hate speech or any speech designed to elicit feelings of fear, terror, or apprehensiveness toward violence against someone’s person or property. Speech may be words, images, or any conveyance of information designed to be interpreted as conveying meaning.
  • Critical comments not grounded in artistic theory are generally unappreciated and unwelcome in instances of those comments merely ‘bashing’ work for the sake of belittling the product alone.
  • Any behavior, action, or communication Art Hub Studio LLC deems – in its sole discretion – to negatively impact their operations and cultivation of an artistic marketplace.

While we strive to offer free and unfettered exchange of ideas within our communication services, we recognize there may be some users who strive only to sow discord and controversy in their participation. In the event we determine at our sole discretion that your history of participation in our site or any participation associated with your account is detrimental to establishing and cultivating an environment of artistic exchange, we reserve the right to take action as necessary in regard to your account. This includes – as listed elsewhere in this document – account suspension, termination, and other revocations of account privileges as we deem necessary. Simply put, don’t be mean, and keep it civil.

Vendor Participation

All Vendors must apply to become an active Vendor Participant on Art Hub Studio LLC’s Site and utilize their platform and services. Before application is approved to become a Vendor on https://arthub.studio, you will be obligated to virtually sign a Vendor Participation Agreement and W-9 tax form.

All Vendors agree to abide and be bound by their respective Vendor Participation Agreement, which is a separate and simultaneous agreement and remains active, in conjunction with these Terms and Conditions, for their duration as an active Vendor on the site.

Art Hub Studio LLC reserves the right to deny any application for any reason within legal boundaries subject to their discretion, always with the goal of creating an inclusive and thriving art community.

Children Under Thirteen

Art Hub Studio LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://arthub.studio only with permission of a parent or guardian.

Disclaimer of Warranties

No warranties, express or implied, attach to any goods or services purchased through this medium/service. No implied warranty for a particular purpose attaches to any products purchased through the Site. There is no implied or express warranty of non-infringement attached to any products sold or purchased through this Site; i.e., there is no guarantee provided by Art Hub Studio LLC that products sold and purchased on this Site does not infringe upon the intellectual property rights of any other person/entity. There is no implied warranty of merchantability attached to any products sold on this site. In sum, Art Hub Studio LLC does not provide, afford, imply, or otherwise offer implied warranties of any kind for any products sold or otherwise exchanged through their site in conjunction with this service. By using this Site and services, you agree and mutually affirm willingly and through genuine choice that any purchases you make are purchased “AS-IS” and have no warranties, implied or otherwise, attached or afforded to them. There is no warranty that the goods will be fit for a particular purpose. All such warranties are waived in compliance with Uniform Commercial Code § 2-A-214 under New York State law, which user agrees to regard as the binding law for all such warrantable purposes.

The ONLY express warranty offered for all services and products provided are as follows: all products shall reflect and adhere to listed measurements as listed on the site, and the product shall be in good serviceable condition upon departure from Art Hub Studio LLC distribution facilities. Any warranty of condition ends once the product is turned over to shipping/delivery providers. Art Hub Studio LLC disclaims any warranties associated with shipping companies and/or third-party delivery services.

Any questions not raised prior to finalizing a purchase will be mutually regarded as a refusal to inspect goods where opportunity to do so was provided, and any perceived discrepancies or defects which could have thereby been discovered, shall be deemed acceptable and non-material by purchaser.

Cancellation/Returns and Refund Policy

Since Art Hub Studio LLC’s business is comprised of 50% retail and 50% services, our cancellation/returns and refund policy is split into two sections. These sections are tailored for your unique situation of either purchasing retail merchandise, or hiring us for vendor services.

Retail Merchandise Order Cancellation
        1. You have the option to cancel your whole order, or part of your order via the “orders” tab on your account page.
        2. The option to cancel will be available until your order ships.
Art Hub Studio LLC processes orders at 5:00 p.m. EST Monday through Friday. Any orders made before 5:00 p.m. will be processed that day. Any orders made after 5:00 p.m. will be process the following business day. Business structuring and operations within Art Hub Studio LLC may change order processing schedule at time of high demand or during holidays at the company’s discretion, any delays the company deems potentially unreasonable may result in notification to customer.
Retail Merchandise Returns
        1. You have *seven calendar days to create a return request from the date you received your product. You may create a return request by logging into your account, viewing your orders, and clicking the refund option.
        2. To be eligible for a return, **YOU MUST HAVE THE ORIGINAL CRATE OR PACKAGING YOUR ITEM WAS RECEIVED IN. (read comment below)
        3. You must provide the order number of your purchase, reason for requesting a return, and any supporting images for your case.
        4. Once your return request has been approved, Art Hub Studio LLC will send a prepaid shipping label and return slip to your email address. The return slip and prepaid shipping label will also be available under the RMA (Return Merchandise Authorization) tab in your account page.
        5. You will be contacted by a customer service representative to schedule a courier pick-up date for the item being returned.
* Seven calendar days includes any and all holidays and is not to meant to convey any meaning beyond a period of 168 hours from the start of the day on which the reception of product occurred. Reception will be considered from the start of the day which delivery occurred and recorded via carrier tracking information and practices.
**Art Hub Studio LLC has strict packaging requirements to ensure the safety of our vendors artwork. If for some reason the original packaging was lost or destroyed in your possession, you will be responsible for the cost of proper packaging to complete the return. In the event artwork is damaged at least as likely due to inappropriate/inadequate return packaging, refunds may be denied in whole or part.
Due to variances in computer imaging software, hardware, and technology; colors, dimensions, and technical appearance may differ in person from what is represented on the site. No refunds will be given for product in the instance of dissatisfaction with a variation in color likely, reasonably, or otherwise caused in part by color representations on such software, hardware, technology, or the site. However, at the sole discretion of Art Hub Studio LLC, credit may be given for work returned due to subjective dissatisfaction.

Art Hub Studio LLC understands there may be exceptions to our retail merchandise return policy. We will review case by case to ensure proper and fair solutions are achieved.
Retail Merchandise Refunds
        1. When your return and refund request is approved, we will refund to your credit card or original method of payment.
        2. Shipping costs incurred at the time of sale WILL NOT be refunded unless the package was never shipped, or never received by the customer.
As soon as Art Hub Studio LLC receives your returned item, we will inspect it. After inspection, you will be notified on the status of your refund and if there have been any discrepancies in your request.
Vendor Services Cancellation
        1. You may cancel your vendor services by contacting the admin through your vendor dashboard.
https://arthub.studio is free to create a vendor account. Every vendor through our website has specialized needs and therefore will have an individualized cancellation process. Refer to our Privacy Policy to view information we may need to collect or keep even after cancelling your services.
Vendor Warehouse Inventory Return Request
        1. You may request your warehoused inventory to be returned by contacting the admin through the vendor dashboard.
        2. Items in warehouse that have not been sold within 120 active days are eligible to be returned at no shipping cost to the vendor. Active days are defined as: actively available for purchase on our Site.
        3. Any Crating/Packaging costs incurred for warehousing and shipping will be the vendor’s responsibility, regardless of how many active days.
Warehouse, crating and packaging costs are invoiced to the vendor as accounts payable. The costs of these services are automatically taken out at the time of sale, along with commission. If no sale was made, and a vendor requests their inventory back, the costs recorded are still owed by the vendor. ART HUB STUDIO LLC WILL NOT RETURN YOUR INVENTORY UNTIL THESE COSTS ARE PAID. Further, in the event of outstanding balance due, you agree to forego and relinquish any possessory interest in property held by Art Hub Studio LLC until such time as all debts are satisfied. In the event you are unable to satisfy your debt within a period of 90 days, Art Hub Studio LLC shall then take reasonable steps to sell the property to recoup incurred expenses, satisfy outstanding debts, and return any remaining capital – which may be none – to the vendor after the satisfaction of old and new debts. In the event the debt is not satisfied by the sale of property, vendor agrees to compensate Art Hub Studio LLC for the difference. The vendor agrees and consents to the establishment of this lien and action described in the event they are unable to satisfy debts within 90 days.

Links to third party sites/third party services

https://arthub.studio may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Art Hub Studio LLC and Art Hub Studio LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Art Hub Studio LLC is providing these links to you only as convenience, and the inclusion of any link does not imply endorsement by Art Hub Studio LLC of the site or any association with its operators.

Certain services made available via https://arthub.studio are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://arthub.studio domain, you hereby acknowledge and consent that Art Hub Studio LLC may share such information and data with any third party whom Art Hub Studio LLC has a contractual relationship to provide the requested product, service or functionality on behalf of https://arthub.studio users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://arthub.studio strictly in accordance with these terms and conditions of use. As a condition of your use of the Site, you warrant to Art Hub Studio LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Art Hub Studio LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Further, you agree to assume liability for any such damages resulting from your action, inaction, or causative performance to include negligence, where such performance would prevent the damage as it relates to property of this site.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Art Hub Studio LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any content on the site, protected or otherwise, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use within the confines of these transactions, and will make no other use of the content without the express written permission of Art Hub Studio LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Art Hub Studio LLC or our licensors except as expressly authorized by these Terms.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Art Hub Studio LLC, limited to purposes necessary to: complete transactions, improve delivery of services, cultivate business and customer/client relations, and otherwise improve the function and performance of these services. This license may be considered revoked by you upon deletion of your account, unless such IP remains on the site, is not removed, or otherwise uploaded by other third parties. All such requests for deletion must be tendered to Art Hub Studio LLC, and Art Hub Studio LLC assumes no liability for content published by others in connection to IP transgressions you may have with them.

You agree not to hold Art Hub Studio LLC liable for any damages which may result from third party users leveraging IP on this forum, regardless of that third party’s account/user status with Art Hub Studio LLC. As referenced elsewhere in this document, Art Hub Studio LLC offers no warranty of non-infringement for IP purposes.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws.

Art Hub Studio LLC has no obligation to monitor the Communication Services. However, Art Hub Studio LLC reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Art Hub Studio LLC reserves the right to terminate your access to any and all of the Communication Services at any time without notice for any reason whatsoever.

Art Hub Studio LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Art Hub Studio LLC’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Art Hub Studio LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Art Hub Studio LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Art Hub Studio LLC spokespersons, and their views do not necessarily reflect those of Art Hub Studio LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to https://arthub.studio or Posted on Any Art Hub Studio LLC Web Page

Art Hub Studio LLC does not claim ownership of the materials you provide to https://arthub.studio (including feedback and suggestions) or post, upload, input or submit to any Art Hub Studio LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Art Hub Studio LLC, our affiliated companies and necessary sub-licenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy; distribute; transmit; publicly display; publicly perform, reproduce, edit, translate and reformat you Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Art Hub Studio LLC is under no obligation to post or use any Submission you may provide and may remove at any time in Art Hub Studio LLC’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Art Hub Studio LLC account to third party accounts. By connecting your Art Hub Studio LLC account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be used in this manner, do not use this feature. We are not responsible for any damages incurred by your deciding to use this feature and are not a party to any agreements you make with such third-party services in using this feature.

International Users

The service is Controlled, operated and administered by Art Hub Studio LLC from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Art Hub Studio LLC Content accessed through https://arthub.studio in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, and hold harmless Art Hub Studio LLC, its officers, directors, employees, agents and third parties, for any loses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user posting made by you, your violation of any terms of this Agreement or your violation of any right of a third party, or your violation of any applicable laws, rules or regulations. Art Hub Studio LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Art Hub Studio LLC in asserting any available defenses.

Further, you agree to indemnify Art Hub Studio LLC for any damages you cause due to misrepresentation of intellectual property possession or leveraging IP which is not yours in any such manner without the true IP owner’s consent, license, or permission.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. All arbitration will occur in the state of New York by agent or representative, as necessary.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS PLANTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Art Hub Studio LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ART HUB STUDIO LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ALTHOUGH ACCURACY OF INFORMATION IS CONVEYED IN GOOD CONCIENCE; ART HUB STUDIO LLC AND/OR IT’S SUPPLIERS MAKE NO GUARANTEES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS-IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ART HUB STUDIO LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ART HUB STUDIO LLC AND OR/ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNATIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TOO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ART HUB STUDIO LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN THE EVENT ANY LIABILITY DOES ARISE OUT OF ANY CONDITION OR TERM OF THIS STATEMENT, DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS OR THE AMOUNT PAID FOR USE OF SERVICE DIRECTLY, WHICHEVER IS LESS.
THIS WAIVER OF LIABILITY SECTION INCLUDES BUT IS NOT EXCLUSIVE OF ALL BINDING WAIVERS OF LIABILITY OTHERWISE REFERENCED IN SIMILARLY BINDING CONDITIONS AND AGREEMENTS CONTAINED IN THIS DOCUMENT.

Termination/Access Restriction

Art Hub Studio LLC reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice. This will result in a total and complete revocation of any and all licenses granted for use or enjoyment of any product or service offered by Art Hub Studio LLC. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Art Hub Studio LLC as a result of this agreement or use of the Site. Art Hub Studio LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Art Hub Studio LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Art Hub Studio LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Art Hub Studio LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Art Hub Studio LLC with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Choice of Forum

All users of any capacity agree to the choice of forum to be any courts residing in New York state, and for all applicable federal issues to be resolved in district courts of New York state. All parties agree to appear before and consent to appear before any court in the state of New York for any and all settlement of issues through litigation or arbitration. New York state law shall be the governing and binding law applicable to all dealings and conditions in conjunction with use and dealings with Art Hub Studio LLC. Issues governed by federal law will be brought and litigated only before New York state courts, and any defendants waive their right to relocate and consent to venue in the border of New York state for any federal district court proceedings. Use of this sight and acceptance of these Terms and Conditions shall operate as a consent to venue of Art Hub Studio LLC’s choosing. Acceptable further indicates that no action shall be brought or action taken to afford jurisdiction to any courts outside of the state of New York where such issues may be heard by a court residing in the state of New York.

Changes to Terms

Art Hub Studio LLC reserves the right, in its sole discretion, to change the Terms under which https://arthub.studio is offered. The most current version of the Terms will supersede all previous versions. Art Hub Studio LLC encourages you to periodically review the Terms to stay informed of our updates. Within its best capability, Art Hub Studio LLC will make public notifications on the Site informing users of updates to these Terms.

Contact Us

Art Hub Studio LLC welcomes your questions or comments regarding the Terms:

Art Hub Studio LLC
P.O. box 323, Cobleskill, NY 12043
1-(607) 325-5500
admin@arthub.studio

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