ART OF MBB LLC WEBSITE TERMS AND CONDITIONS OF USE
Last Updated September 2021
Welcome to the Art of MBB LLC’s (“Art of MBB”) company website and we appreciate your visit and your interest in our products and services. This website is maintained by Art of MBB as a service to our customers. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully and, if you do not agree to these terms and conditions set forth herein, we ask that you refrain from browsing or otherwise using the ART OF MBB website. Please read these terms of use carefully before using the website.
Agreement. This Website Term and Conditions of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of Art of MBB’s Website located at www.artofmbb.com (the “Website”) and describe the terms and conditions that govern your access of and use of the Website. This Agreement may be modified at any time by Art of MBB upon posting of the modified Agreement at Art of MBB’s sole discretion. Any such modifications shall be effective immediately and you may view the most recent version of these terms and conditions on our Website. Your visit and use of the Website shall constitute and be deemed your unconditional acceptance of this Agreement and you should review this Agreement periodically to determine if any changes have been made.
Privacy. Art of MBB values and respects your privacy and, as such, your visit to our Website is also governed by Art of MBB’s Privacy Policy, which may be accessed by visiting our Website or by clicking on the following link: PRIVACY POLICY.
Ownership. You acknowledge and agree that all content included on this Website is the sole and exclusive property of Art of MBB and/or Art of MBB’s affiliates and is protected under applicable copyright, patent, trademark, and other proprietary rights both in the United States and throughout the world. Any copying, redistribution, use or publication by you of any such content or any part of the Website is expressly prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
Intended Audience. The content, creation, product offerings, services offerings, commentary, blogs, and all other aspects of Art of MBB’s Website are intended for adults and are not intended to be used or engaged by minors under the age of 13 years of age. If you are a minor under the age of 13, please refrain from using or otherwise interacting with the Website in any manner and for any purpose.
Passwords and ID. In the event Art of MBB assigns a password and account to you so that you may access certain areas of the Website, each user who uses such password and/or account shall be deemed to be authorized by you to access and use the Website and Art of MBB shall not have any obligation to investigate the authentication or course of any such access or use. You understand and agree that, as between Art of MBB and you, you shall be solely responsible for all access and use of the Website any anyone using the password and/or account ID assigned to you by Art of MBB whether or not such access and use of the Website was actually authorized by you, including all communications, actions, transactions, or other interactions with the Website (including payment or financial obligations for purchases made via the Website) that may result from such access or use of the Website.
Data Submissions. As a visitor to the Website, you may be permitted to post comments, reviews, photographs, video and other content, as well as submit suggestions, ideas, and thoughts, so long as such submissions and any materials you submit are not lawful, obscene, threatening, defamatory, violative of the privacy rights of others, infringing on any intellectual property rights of third parties, or otherwise injurious to third parties or objectionable generally. Art of MBB reserves the right to delete and remove any content it deems inappropriate at Art of MBB’s sole discretion. For any content you post or submit on the Website (the “User Generated Content”), Art of MBB shall have the unrestricted right to use such content for any purpose whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or any other person or entity. Art of MBB and any of its affiliates shall have the right (but not the obligation) to use the name that you submit or any other name by which you are known in connection with the User Generated Content. You hereby unconditionally grant to Art of MBB a perpetual, non-exclusive, royalty-free, sub-licensable and transferable universal license throughout the world to use, re-use, reproduce, transmit, print, publish, display, exhibit, alter, modify, adapt, translate, create derivate works based on and publicly perform the User Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User Generated Content License”). By submitting User Generated Content, you represent and warrant that (a) you own or otherwise control all aspects of all rights related to the same, (b) that your submission does not violate any law or any third party right, and (c) that your submission will cause injury to anyone. You agree to indemnify Art of MBB and our affiliates and designees from and against all claims arising out of our use of your User Generated Content. You understand and acknowledge that your User Generated Content will not be subject to any expectation of privacy between us and that no confidential or fiduciary relationship is intended or created between you and Art of MBB.
Purchases and Custom Orders. By ordering or commissioning illustrations, graphics, or any other goods or services provided by Art of MBB, you represent and warrant that the materials you are submitting do not violate any rights, including intellectual property rights, of any third party, company, or brand. By submitting materials, you also represent and warrant that you have permission and/or the proper license to use, replicate, or otherwise commission use of any third-party logos, brands, and/or intellectual properties. By purchasing goods on our Website store or marketplace, you understand and acknowledge that Art of MBB does not allow returns of any items purchased on the Website, including, but not limited to any custom orders. Unless otherwise specified by Art of MBB and agreed by you in writing, you will have ownership of any final designs created by Art of MBB on your behalf. However, Art of MBB reserves the right to display images of your design on any Art of MBB promotional or advertising materials whether printed, online, or via any other promotional or advertising channel or medium. In no event shall Art of MBB be liable to you or any third party for any damages, including lost profits, lost savings, or other incidental, consequential, or special damages related to or arising from the printing, manufacture, reproduction, or appearance of your project or item.
Trademarks. You acknowledge and understand that the Art of MBB name, the Art of MBB logo and design, and any and all other Art of MBB related marks are either trademarks or registered trademarks of Art of MBB and are protected by the intellectual property laws of the United States and abroad and may not be used or otherwise appropriated without the express permission of Art of MBB.
Website Use. The Website if for your personal and non-commercial use. By visiting or otherwise engaging with our Website, Art of MBB grants you a limited, revocable, non-exclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. By visiting or interacting with the Website, you agree not to copy materials appearing on the Website, reverse engineer or otherwise break into the Website, or use materials, products, or services in violation of any United States or international law. Your use of this Website is at the sole discretion of Art of MBB and Art of MBB reserves the right to terminate your use of this Website at any time and without prior notice.
Links to the Website. When you visit the Website, you may be directed to other sites including links to or from affiliates and content partners that may use Art of MBB trademarks and branding as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site you may be taken to may not be controlled by Art of MBB and different terms of use and privacy policies may apply. You acknowledge that Art of MBB is not responsible for any third-party websites or any content contained therein. Art of MBB does not assume any responsibility or liability for the content and/or products of any third party or any third-party website.
Compliance with Laws. By visiting our Website, you agree to comply with all applicable Federal, State, and local laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. If you are visiting from outside the United States, you must abide with and comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
Indemnification. You agree to indemnify and hold Art of MBB, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Website.
Disclaimer. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY SERVICE, INFORMATION, OR CONTENT PROVIDED BY THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ART OF MBB DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ART OF MBB DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ART OF MBB DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ART OF MBB MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. ART OF MBB MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ART OF MBB OR ANY ART OF MBB AFFILIATE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
No Professional or Other Advice. The content of the Website and any commentary, interactions, posts, events, seminars, workshops, and or presentations contained therein, including text, graphics, images, information, user comments and information, and any other content appearing on the Website are for informational, educational, and/or entertainment purposes only. The content appearing on the Website, irrespective of the author, does not in any manner constitute any type of professional or medical advice.
Use of Your Information. Art of MBB reserves the right, and you authorize Art of MBB, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy and for the intended purpose of effectuating the purpose of Art of MBB’s business, including the sale of any products to you as a customer. Art of MBB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, and/or legal process or government request.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
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
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that Art of MBB’s Copyright Agent for Notice of claims of copyright infringement on the Website is Soler Legal LLC, who can be reached as follows:
By Mail: 76 E. Euclid Ave., Suite 101, Haddonfield, NJ 08033
By Phone: (856) 874-3448
By E-mail: asoler@solerlegal.com
Applicable Law. If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Montgomery County, Pennsylvania. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the site, any service provided by the site, or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of Art of MBB to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision by Art of MBB. Any waiver of this Agreement by Art of MBB must be in writing and signed by an authorized representative of Art of MBB.
Termination. Art of MBB reserves the right to terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties. Nothing contained in this Agreement, or your use of the Website, shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions
Entire Agreement. This Terms of Use constitutes the entire agreement between you and Art of MBB and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Art of MBB with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to Art of MBB’s Privacy Policy), guidelines, or rules that may apply when you use the Website. Art of MBB may revise this Terms of Use at any time by updating this Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
Contact Information.
ART OF MBB LLC (Website Operator)
315 York Road, Jenkintown, PA, 19046
267-636-5971
hello@artofmbb.com