Terms of service

TERMS AND CONDITIONS OF SALE

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions apply to the purchase and sale of products and services through hapiart.com, kristikohut.studio or kristikohut.art (referred to as the “sites”). By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from the sites. These terms and conditions are subject to change by Hapi Art & Pattern, LLC (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on the sites, and you should review these terms and conditions prior to purchasing any product and services that are available through the sites. These terms and conditions are an integral part of the Terms of Use that apply generally to the use of our sites. You should also carefully review our Privacy Policy before placing an order for goods or services through any of the sites.

Order Acceptance and Cancellation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

We make every effort to maintain the availability of our sites. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

Payment Terms and Sales Taxes

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. For some custom items or commissioned works, we will require a portion of the payment before we begin work on the item.

We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. We use a third-party payment processor to facilitate payment for all orders on the sites.

All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

Changes in Products and Pricing

We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our sites.

All pricing for the products and services available on our sites is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

Shipping Policy

We offer a variety of shipping options to meet your shipping needs and offer various delivery options available for many items. Please check the individual product page for specific delivery options. All deliveries are insured and guaranteed against loss, theft and damage. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.

Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.

There may be occasional delays beyond the posted order processing time. If the delay is more than 10 business days, you may cancel the order by emailing us. If you do not advise us that you would like to cancel the order, we will keep the order active and ship the product to you as soon as possible.

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

These shipping terms are accepted by you by placing an order with us.

Export Rules

You may not purchase any products or services from the sites if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the sites or shipping any goods purchased from the sites. You must comply with all U.S. or other export and re-export restrictions that may apply to goods and services.

Copyright Information

The artist retains the copyright to all products and works of art sold on the sites, including all custom and commissioned works, unless otherwise agreed in a separate, written agreement.

Advertising Disclaimer and Trademarks

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

Disclaimer and Limitation of Liability

Our responsibility for defects relating to the products and services available on our sites is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON OUR SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THE SITES WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL HAPI ART, LLC OR ITS AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THE SITES.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITES), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

Warranty and Return Policy

While we do not offer any warranties with respect to the products and services available through our sites, we want you to be 100% thrilled with your Hapi Art purchase. If this is not the case for any reason, we’ll do all we can to make it right.

Items Damaged in Shipping: If you receive an item that has been damaged in shipping, we will repair or replace the item, as long as we are notified of the damage within 5 calendar days of your receipt of the item. Please email us at orders@hapiart.com and include images of the damaged item(s), including images of the item(s) in its shipping package and the exterior of the shipping package. You also agree to provide any additional information or images that our insurer may require to cover the cost of repairing or replacing any items damaged in shipping. If you are required to return any items damaged in shipping to us, we will cover the cost of return shipping. We are not responsible for any damage that occurs after you have accepted delivery of an item or for any shipping damage that is not reported to us as required by this section.

Fixing Incorrect Orders: If you receive the wrong item or an item you ordered is missing from your order, we want to fix it. Let us know about the issue within 15 calendar days of receipt of your item by emailing us at orders@hapiart.com. Please include the order number, photos of any incorrect item(s), and a description of the problem, and we’ll get to work on it right away. We reserve the right to require you to return any incorrect items to us, but we will cover the cost of return shipping for those items.

Returns and Exchanges for Other Reasons: Due to the custom nature of our original art, commissions rugs, fabric by the yard, and wallpapers, we are not able to offer returns or exchanges on these items. We do accept returns and exchanges on unframed prints, framed prints, pillows, and poufs. Simply ship the item(s) back to us in unused and resaleable condition within 15 calendar days of receipt for a complimentary exchange, refund or store credit, less the shipping charges. For exchanges, you will also be required to pay shipping charges for any replacement items being sent to you. Please email us at orders@hapiart.com for additional details on initiating a return. Ship returns to: Kristi Kohut Studio 872 S Milwaukee Ave, #63 Libertyville, IL 60048 Note: There will be a $15 restocking fee per shipment deducted from your refund when you choose to have your original form of payment credited. If you choose to receive a store credit, this fee will not be deducted. For convenience, we can provide a return shipping label upon request and will deduct the cost of any return shipping and insurance costs (in addition to any original shipping costs) from any refund owed to you.

Return Prevention: Since we can’t accept returns on all items, we encourage a bit of planning to make sure you love your order from the start. Sample sizes are available on all of our prints, fabrics and wallpaper. We highly recommend ordering samples, especially if you’re unsure or torn between a few different options. We’ll even credit back the cost of a sample for any piece you end up purchasing. Our team is also available to answer any questions you may have before you buy.

Risk of Loss: You bear the risk of loss during shipment of any returned items. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Questions regarding our warranty and return policies should be addressed via e-mail to orders@hapiart.com. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our sites.

Privacy and Customer Information

Our Privacy Policy, available at [WEBSITE ADDRESS], governs the processing of all personal data collected from you in connection with your purchase of products or services through the sites.

Service and Support

All requests for support with respect to the products and services available through our sites should be made directly to orders@hapiart.com. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.

SMS Marketing campaigns and communication.

You can choose to opti-in to receive SMS communications. By opting in, you'll receive messages for informational purposes, such as responses to your inquiries and order updates. The frequency of messages will vary based on your interactions with us. Users will receive informational messages as frequently as daily. Standard message and data rates may apply. All messages will come directly from Hapi Art. Mobile opt-in and consent are never shared with anyone for any purpose. Any information sharing that may be mentioned elsewhere in this policy excludes mobile opt-in data.You can to opt out of SMS messaging campaigns and stop receiving messages at any time. If you'd like to stop receiving messages at any time, simply reply 'STOP' or 'UNSUBSCRIBE.' You can also contact us at 773-658-9356 or hello@hapiart.com.To receive additional instructions or for help opting out, text HELP for assistance. For additional information, please refer to our privacy policy https://hapiart.com/policies/privacy-policy. By providing your phone number and agreeing to receive texts, you consent to receive text messages from Hapi Art, from 773-658-9356 regarding customer care. Consent is not a condition of purchase. You can also contact us at 773-658-9356 or hello@hapiart.com.

Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and service available through our sites acts or circumstances beyond its reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or telecommunication breakdown or power outage.

Websites Terms of Use

Last Modified: January 26, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Hapi Art & Pattern, LLC ("Hapi Art," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of hapiart.com, including any content, functionality, and products or services offered on or purchased through hapiart.com, kristikohut.studio or kristikohut.art (the "Websites"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Websites. By using the Websites, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (found at [PRIVACY POLICY URL]), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.

These Websites are offered and available to users who are 18 years of age or older and reside in the United States. By using these Websites, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Websites

We reserve the right to withdraw or amend the Websites, and any service, products, or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Websites.
Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

Account Registration and Access

To register for and access certain Services and other resources available to you through the Websites, including our rewards program, You will be required to create an account and password that can be obtained by completing Hapi Art’s online registration form, which requests certain information and data (“Registration Data”). You agree that all Registration Data is true and accurate and that You will maintain and update this information as required in order to keep it current, complete and accurate. You agree that all information you provide to register with the Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, are governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Hapi Art may also use the Registration Data for purposes of billing, advertising, or for any other purpose which Hapi Art deems necessary to carry out its duties under these Terms of Use.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any messages sent and any charges incurred.. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Description of Products

Hapi Art makes various products (the “Products”) available for purchase through the Websites. Fees for and descriptions of the Products are set forth on the Websites and are subject to change without notice. The price charged for the Products will be the price in effect at the time You purchase the Products. Hapi Art strives to display accurate price information, however, inadvertent typographical errors, inaccuracies or omissions related to pricing and availability may occur on occasion. Hapi Art reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any transactions arising from such occurrences.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods formed through the Websites, or resulting from visits made by you, are governed by our Terms of Sale (above), which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Websites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Intellectual Property Rights in the Websites

The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Hapi Art, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Unless you are a member of our trade program, these Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide links to allow you to share certain content from the Websites via email or social media, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you are not a member of our trade program, you must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.

We offer a trade program available to interior designers, architects, and fine art consultants. Registered members of our trade program may, in addition to the permissible uses listed above, download content from the Websites to share with their clients and to incorporate into any spec sheets or proposed design plans for their clients. Trade program members may not, however, sell prints or reproductions of any content downloaded from the Websites.

If you wish to make any use of material on the Websites other than that set out in this section, please address your request to: hello@hapiart.com.

Trademarks

Hapi Art’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Hapi Art or its affiliates or licensors. You must not use such marks without the prior written permission of Hapi Art. All other names, logos, product and service names, designs, and slogans on this Websites are the trademarks of their respective owners.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our express written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Hapi Art, a Hapi Art employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm Hapi Art or users of the Websites, or expose them to liability.

Additionally, you agree not to:

Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Websites, including their ability to engage in real time activities through the Websites.
Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Websites.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites.
Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Websites.

User Contributions

The Websites may contain comment sections, social media sharing features, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Websites.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Websites.

Content Shared on Social Media

We may use any content, including photos and videos (“Shared Content”), you share with us via email or on social media (1) through direct messaging; (2) by tagging our accounts (including @hapiart or @kristikohut); or (3) by using our hashtags (including #hapiart) on our Websites, on our social media accounts, and in emails and other marketing materials. You hereby grant us permission to use your name or social media handle in association with any Shared Content and represent and warrant that any Shared Content does not violate or infringe upon the rights of any third party, including any intellectual property rights or privacy rights.

We will stop our use of any Shared Content and remove it from our Websites and/or social media accounts if you request that we do so in writing. Please email us at hello@hapiart.com and identify the specific content you would like us to discontinue using to make this request.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions or Shared Content for any or no reason in our sole discretion.
Take any action with respect to any User Contribution or Shared Content that we deem necessary or appropriate in our sole discretion, including if we believe that such contribution or content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that your User Contributions or Shared Content violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not review material before it is posted on the Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Kristine Gohsman

Hapi Art and Pattern, LLC

Kristine@hapiart.com

872 S Milwaukee, #63

Libertyville, IL 60048

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

This Websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Hapi Art, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Hapi Art. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Websites

We may update the content on this Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Websites

All information we collect on these Websites is subject to our Privacy Policy. By using any of these Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Other Terms and Conditions

Linking to the Websites and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

These Websites may provide certain social media features that enable you to:

Link from your own or certain third-party Websites to certain content on these Websites.
Send emails or other communications with certain content, or links to certain content, on these Websites.
Cause limited portions of content on these Websites to be displayed or appear to be displayed on your own or certain third-party Websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

Establish a link from any Website that is not owned by you.
Cause the Websites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Websites other than the homepage.
Otherwise take any action with respect to the materials on these Websites that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Websites

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Websites linked to these Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites.

Geographic Restrictions

The owner of these Websites is based in the State of Illinois in the United States. We provide these Websites for use only by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITSE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

HAPI ART’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITES.

Indemnification

You agree to defend, indemnify, and hold harmless Hapi Art, 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 of Use, or your use of the Websites, including, but not limited to, any use of the Websites' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites.

Governing Law and Jurisdiction

The sites are controlled by us from our offices within the State of Illinois, United States of America, and can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Illinois, by accessing the sites both of us agree that the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the sites and the purchase of products and services available through the sites. Any legal suit, action, or proceeding arising out of, or related to these Terms of Use or the Websites shall be instituted exclusively in the United States District Court for the Central District of Illinois or the courts of the State of Illinois located in Adams County, Illinois. Each of us waives any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Hapi Art’s sole discretion, it may require You to submit any disputes arising from the Services, these Terms of Use, or use of the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Consumer Arbitration Rules of Arbitration of the American Arbitration Association.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Hapi Art’s of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hapi Art to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Force Majeure

Hapi Art will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in its performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond its reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or telecommunication breakdown or power outage.

Entire Agreement

The Terms of Use, our Privacy Policy, and our Terms of Conditions of Sale constitute the sole and entire agreement between you and Hapi Art regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.

Your Comments and Concerns

This Websites are operated by Hapi Art & Pattern, LLC.

All feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to: hello@hapiart.com.