These Terms and Conditions (“T&C”) constitute a legally binding agreement made by and between Freehand, LLC, (“Freehand”) which operates www.freehand.com (“Website”) and you, whether personally or on behalf of an entity (“You”). These T&C govern your use of the Website and products offered on the Website so please read them carefully.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE T&C. IF YOU DO NOT AGREE TO BE SO BOUND, DISCONTINUE USE OF THE WEBSITE.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY FREEHAND RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS T&C THAT MAY BE POSTED ON THE WEBSITE.
Product Transactions on the Website
Products may only be purchased by individuals who can form legally binding contracts under applicable law. All persons accessing the Website or using Freehand services must be at least 18 years of age. Minors under 18 and at least 13 years of age may access the Website only if they have appropriate permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Website. You are responsible for any and all account activity conducted by a minor on your account.
In your use of the Website, you may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party (ii) disrupt or interfere with the security or use of the Website, (iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology, (iv) attempt to use another’s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including Freehand, federal, state or municipal government, a political candidate, or create a false identity (v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access, (vi) engage, directly or indirectly, in transmission of ‘spam,’ chain letters, junk mail or any type of unsolicited solicitation, (vii) collect, manually or through automatic process, information about other users without their express consent or other information related to the Website, (viii) use meta tags or other “hidden text” utilizing Website, Freehand name, trademarks, or product names, (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website, (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website, or (xi) assist any party in engaging in any activity prohibited by these T&C.
If you become aware of any conduct that violates these T&C, Freehand encourages you to contact us at [email protected]. Freehand reserves the right, but will have no obligation, to respond to such communications.
Intellectual Property Rights
The graphic and textual content, arrangement, and assembly of this site is the property of freehand.com or its content suppliers and protected by U.S. and international copyright laws. Users should feel free to use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. In addition, the software used on this site is the property of Freehand or its software suppliers and is protected under U.S. and international copyright laws.
“Freehand,” “Freehand Gallery” and “freehand.com” are registered trademarks of Freehand and freehand.com graphics, logos, product names, and service names are trademarks of Freehand. These trademarks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits, or dilutes Freehand, its trademarks or goodwill. Any other trademarks not owned by Freehand that appear on this site are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.
Ownership and Use
Freehand will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these T&C or otherwise, except as set forth in this T&C. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website in the normal course of your use of the Website. You may not use any third-party intellectual property without express written permission of the applicable party, except as permitted by law.
DMCA Copyright Policy and Copyright Agent
Freehand respects the intellectual property rights of others and expects its users to do the same. If you believe the Website or a user of the Website has infringed intellectual property please notify us at [email protected] and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
- An identification of the intellectual property claimed to have been infringed.
- A detailed description of the material you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner its agent, or the law.
- A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
Representations and Warranties
By Each Party
Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these T&C, (ii) the assent to and performance by it of its obligations under these T&C do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these T&C constitute legal, valid and binding obligations of the parties assenting to these T&C, enforceable in accordance with these terms and conditions.
You represent and warrant to Freehand that (i) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual or proprietary right of Freehand in your use of the Website, and (ii) You will comply with all applicable laws, rules and regulations in your sue of the Website, including these T&C.
You agree to hold Freehand and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation attorney’s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these T&C by you or (ii) arising from, related to, or connected with the Website. If you are obligated to provide indemnification pursuant to this provision, Freehand may in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Freehand.
Disclaimers, Exclusions, and Limitations
- DISCLAIMER OF WARRANTIES: FREEHAND PROVIDES ITS WEBSITE “AS IS” AND “AS AVAILABLE” BASIS. FREEHAND DOES NOT MAKE ANY REPESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. FREEHAND DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.
- FREEHAND MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE T&C OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
- EXCLUSION OF DAMAGES: FREEHAND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. FREEHAND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF FREEHAND OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY: EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE T&C OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE T&C, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE T&C, OR SERVICES OR PRODUCTS PROVIDED BY THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO FREEHAND FOR ANY PRODUCT(S).
Our returns policy is set forth at https://freehand.com/return-policy.
All disputes between you and Freehand related to the operation of the Website or Freehand products will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before a single arbitrator in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator designated by American Arbitration Association will determine whether any generally applicable contractual defenses to this agreement exist, including but not limited to fraud, duress, or unconscionability. No arbitration between us will be joined to an arbitration involving any other party subject to these T&C, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Freehand will have the right to seek injunctive or other equitable relief in state or federal court to enforce these terms or prevent an infringement of a third party’s rights. In the event such relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Class Action and Class Arbitration Waiver
Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions.
Governing Law: The law which shall resolve all disputes between the parties shall be the laws of California and the United States of America.
Changes to the Website or Service: Freehand may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Freehand website, temporarily or permanently, at any time without notice to you, and Freehand will not be liable for doing so.
Termination: Freehand will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate your account or your access to the Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these T&C, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) you exceeding your credit card limit; (v) or “chargeback” of a fee or other payment.
If You are a member, You may terminate your account for any reason at any time subject to these T&C by emailing [email protected] and requesting termination.
If your account is terminated, Freehand may, in its sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of the Website in its possession.
Following termination, you will not be permitted to use the Freehand Website.
Waiver of Class Action Rights: By entering into these T&C, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these T&C or Freehand products must be asserted individually.
Limitation of Actions: You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Freehand Website or products sold through the Freehand Gallery must be brought within one calendar year after such claim or cause of action arises, or forever be barred.
Integration: These T&C contain the entire understanding of you and Freehand regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.
Additional Terms: These T&C will be binding upon each party hereto and is successors and permitted assigns, and governed by and constructed in accordance with the laws of United States and California without reference to conflict of law principles. These T&C and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferrable by you without the prior written consent of Freehand. No failure or delay by a party in exercising any right, power or privilege under these T&C will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any right, power, or privilege under these T&C. You and Freehand are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these T&C. The invalidity or unenforceability of any provision of these T&C will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
These T&C are published and effective June 14, 2019.
Copyright © 2019 Freehand Gallery, ALL RIGHTS RESERVED.