Terms & Conditions
Acceptance of Terms and Conditions of Use
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Welcome to www.lhimeurart.com. Linda Himeur Art provides the website subject to the following terms and conditions. BY ACCESSING THE LINDA HIMEUR ART WEBSITES, YOU AGREE TO BE CONTRACTUALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS AND CONDITIONS (the "Terms and Conditions"). LINDA HIMEUR ART MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU AT THE TIME OF APPLICABLE FUTURE VISITS. You should therefore review these Terms and Conditions regularly. You will know if the Terms and Conditions have been revised since your last visit to the Lhimeur website by referring to the “Effective Date of Current Terms and Conditions” date at the bottom of this page. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE NOW AND REFRAIN FROM FURTHER USE.
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PROTECTION OF PRIVACY
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Linda Himeur Art is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Website is governed by Linda Himeur Art's Privacy Policy, which is incorporated herein as if restated in full. Please note that the website is not specifically dedicated to children and Linda Himeur Art does not actively solicit information from children. Children under the age of twelve are required to obtain permission from an adult before submitting information to the Linda Himeur Art website.
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TRADEMARKS
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Certain names, titles, trademarks, service marks, logos, graphics, page headers, designs, et al. that appear on the Linda Himeur Art are registered and unregistered trademarks, service marks, or trade dress of Linda Himeur Art, including but not limited to HIMEUR, LINDA HIMEUR, and the Linda Himeur signature (all the preceding together are the “Linda Himeur Art Trademarks”). You may not use the Linda Himeur Art Trademarks without Linda Himeur Art's prior, written permission.
The trademarks of third parties may also appear on the Linda Himeur Art website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Linda Himeur Art website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Linda Himeur Art trademarks or may be construed to mean that Linda Himeur Art has authority to grant any right or license on behalf of any third party trademark owner.
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ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS
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Images, text, data, software, documentation, electronic text and image files, audio and video files and clips, design and other materials on the Linda Himeur Art Website (collectively “Content”) are protected by U.S. and international copyright laws and may be covered by other restrictions as well. Linda Himeur Art retains all rights, including copyright, in the Content. Copyrights and other proprietary rights in the material on the Linda Himeur Art Website may also subsist in individuals and entities other than, and in addition to, Linda Himeur Art. Linda Himeur Art expressly prohibits the copying of any protected materials on this website, except for fair use as defined by law. Any unauthorized use of protected materials may violate intellectual property laws and the Terms and Conditions of Use. Linda Himeur Art does not grant any express or implied permission to use any Content in the absence of express written permission from Linda Himeur Art. Unauthorized copying, publication or exploitation of Linda Himeur Art's Content is specifically prohibited. Anyone wishing to use any Content for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product.
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LICENSE AND SITE ACCESS
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Linda Himeur Art grants you a limited license to access and make personal use of the Linda Himeur Art Website, but not download (other than page caching) or modify it, or any portion of it, except with express written consent of Linda Himeur Art. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Linda Himeur Art website or any portion of the Linda Himeur Art Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Linda Himeur Art. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Linda Himeur Art website without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Linda Himeur Art Websites’ name or trademarks without the express written consent of Linda Himeur Art. Any unauthorized use terminates the permission or license granted by Linda Himeur Art. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Linda Himeur Art website so long as the link does not portray the Linda Himeur website, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Linda Himeur Art Websites’ logo or other proprietary graphic or trademark as part of the link without express written permission from Linda Himeur Art.
RESERVATION OF RIGHTS
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All rights and licenses not expressly granted by Linda Himeur Art herein are specifically and completely reserved. Nothing on the Linda Himeur Art website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Linda Himeur Art has authority to grant any right or license on behalf of any third party.
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SUBMISSIONS
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Lhimeurart Inc. (“Linda Himeur Art”) is pleased to provide you this means through which you can share information and collaborate with others. However, in posting such information ("Content"), you agree to comply with the following requirements, or risk having your Content removed without advance notice by Linda Himeur Art and your user account deleted, or rights restricted. In accordance with existing Linda Himeur Art policies, Linda Himeur Art employees failing to follow these policies risk disciplinary action, up to and including termination.
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1.You shall not make libelous, defamatory, harassing or abusive statements, including the "stalking" of other users
2.You shall not post Content comprising personal attacks or threats against other users or individuals.
3.You shall not submit the personally identifiable information, images or other likenesses of other persons without their consent.
4.You shall not post Content that comprises attacks on individuals or groups based on race, gender, sexuality, ethnicity, religious beliefs, or any other classification.
5.You shall not post Content that is obscene, vulgar or sexually explicit. This prohibition includes the use of abbreviations, asterisks, or other shorthand to communicate such obscene, vulgar or sexually explicit Content.
6.You agree that use of Linda Himeur Art sites is strictly for Linda Himeur Art’s stated purposes and not for commercial product promotions, the transmission of spam, chain letters, pyramid schemes, or fraudulent or deceptive messages.
7.You shall not post information affiliated with or promoting political campaigns.
8.You shall not post material which could result in the infringement of any third party intellectual property, privacy, or publicity rights.
9.You represent and warrant that you own or otherwise have all necessary rights, including but not limited to, trademark and copyright, in all Content that you submit to Linda Himeur Art sites, and that you have secured all third-party consents, licenses, waivers and permissions necessary to submit such Content.
10.You represent and warrant that the Content submitted by you will not infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, or violate any applicable law, statute, ordinance or regulation.
YOU AGREE TO INDEMNIFY AND HOLD LINDA HIMEUR ART HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT ATTORNEYS’ FEES) ARISING OUT OF, RESULTING FROM OR RELATED TO ANY BREACH BY YOU OF THIS POLICY.
Linda Himeur Art reserves the right to review any Content that you have submitted to Linda Himeur Art sites, and to reject, delete, disable, or remove any Content Linda Himeur Art determines, in its sole discretion, (a) does not comply with this policy, (b) violates any law, infringe upon any rights of third parties, or subjects Linda Himeur Art to liability for any reason, (c) might adversely affect the Linda Himeur Art’s public image, reputation or goodwill, or (d) should be taken down for any other reason.
If you believe that any Content on any Linda Himeur Art site infringes upon any copyright, trademarks, or trade secrets that you own, please contact Linda Himeur Art at the following address: artbbylindah@gmail.com
Linda Himeur Art shall have the final decision on whether any Content is acceptable and whether to remove any such Content.
Any communication or material you post, transmit, or distribute to or via the Linda Himeur Art website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like is and will be treated as non-confidential and nonproprietary. Anything you transmit or post may be used by Linda Himeur Art or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting (but excluding information governed by the Privacy Policy Furthermore, Linda Himeur Art is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Linda Himeur Art website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information (but excluding information governed by the Privacy Policy.
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TERMS OF PURCHASES FROM LINDA HIMEUR ART WEBSITE
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All purchases from the LINDA HIMEUR ART WEBSITE are made subject to the terms and conditions set forth here. Linda Himeur Art does not warrant that product descriptions or other content of the Linda Himeur Art website are 100% accurate, complete, reliable, current or error-free. If a product offered by LINDA HIMEUR ART WEBSITE and purchased by You is not as described, Your sole remedy is pursuant to the returns procedures and policies set forth here.
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LIMITATIONS ON YOUR USE OF THE SITE
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You agree not to:
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Obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form;
Attempt to cause, or actually cause, any disruption of service on the Linda Himeur Art website or any other network or any server housing the Linda Himeur Art website, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, inserting or injecting into the Linda Himeur Art website or any other network or any server housing the Linda Himeur Art website any virus, cancelbot, worm, logic bomb, Trojan horse, spyware, adware, malware, or other harmful contents or components, or to engage in or attempt to engage in any unauthorized access to any computer or resource on the Internet;
Abuse or attempt to abuse the system and resources of the Linda Himeur Art website in any manner;
Violate or attempt to violate the security of the authentication and accounting procedures of the Linda Himeur Art website;
Attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of the Linda Himeur Art website or any of its various components. Linda Himeur Art may block, restrict, disable, suspend or terminate your access to all or part of the Britto Websites and Content at any time in Linda Himeur Art's discretion, without prior notice or liability to you.
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WARRANTY AND INDEMNIFICATION
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By using the Linda Himeur Art website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold Linda Himeur Art, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Linda Himeur Art website.
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DISCLAIMER OF WARRANTIES
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LINDA HIMEUR ART PROVIDES THE SITE ON AN "AS IS" BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. LINDA HIMEUR ART DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. LINDA HIMEUR ART DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. LINDA HIMEUR ART MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. LINDA HIMEUR ART ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
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LIMITATION OF LIABILITY
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NEITHER LINDA HIMEUR ART, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
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SEVERANCE AND WAIVER
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You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Linda Himeur Art's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Linda Himeur Art.
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VENUE AND CHOICE OF LAW
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These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in a Federal or State court located in Miami-Dade County in the State of Florida, and the parties hereby waive any objection that they may have to personal jurisdiction or forum non conveniens in these courts.
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ENTIRE AGREEMENT
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These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.
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Questions? Contact artbylindah@gmail.com for further information.
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Effective Date of Current Terms and Conditions April 16th, 2023. 18:19 pm EDT.