User and customer Agreement
Welcome to the LINC-d website hosted by LINC-d LLC (“We”, “Us”, or “Our”). LINC-d is about celebrating creativity and promoting artists with Intellectual Disabilities and other neurodiversity diagnoses. Our users include Artists, Customers and other visitors to Our website. We encourage you to be as involved as you want to be in LINC-d through product purchases, sharing on social media, listing your artwork, and observations about how the art is represented, etc.
Respect each other and respect the art you find here and you’ll help make LINC-d.com an inspiring and enjoyable community.
It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.
For all visitors (“User”, “Customer”, “Artist”, “you”, “your”) using this LINC-d LLC website at https://linc-d.com (“the website”). You agree to follow the terms and conditions provided herein when using the website. These terms and conditions are between the User and LINC-d LLC and use of this website indicates continued acceptance of this agreement and the related policies and procedures. Users may also be referred to as members of the Linc-d community.
Amendment to This Agreement
We may amend the terms and conditions for using this website from time to time. We will let you know about these changes by displaying information about the changes on Our website. Either way, your continuing use of the website will be taken to be acceptance of the new terms and conditions. We may also post policies and procedures on Our website.
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites. Our links to such websites should not be construed as an endorsement, approval or recommendation by Us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We do not represent or guarantee that Our services or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Linc-d service or these websites will be uninterrupted.
You acknowledge that Our services or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of Our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
All intellectual property rights in this website and Our services (including the software and systems underlying Our service, text, graphics, logos, icons, sound recordings and software) are owned by or licensed to Us. Other than for the purposes of, and subject to the conditions prescribed under relevant copyright and trademark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:
Use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialize any information, products or services obtained from any part of this website, without Our written permission.
We claim trademark rights in and to the name Linc-d. If you use any of Our trademarks in reference to Our activities, products or services, you must include a statement attributing that trademark to Us. You must not use any of Our trade marks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not Ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages Us or Our information, products or services (including this website).
Security of Information
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to Us. Accordingly, any information that you transmit to Us is transmitted at your own risk.
Termination of Access
Access to this website may be terminated at any time by Us without notice. Our disclaimers will nevertheless survive any such termination.
This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the LINC-d LLC service, will be exclusively resolved under confidential binding arbitration held in Idaho Falls, Idaho. All disputes will be resolved in accordance with the rules applying Idaho law, without regard to conflicts of law principles.
You and LINC-d LLC agree to submit to the personal and exclusive jurisdiction of the Federal and Idaho State courts in Bonneville County for purposes of enforcing any arbitration award and for any disputes relating to the arbitration proceedings. Notwithstanding the foregoing, LINC-d LLC may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and LINC-d LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and LINC-d LLC agree that any cause of action arising out of or related to the LINC-d LLC website (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
If you have a dispute with one or more Users, Manufacturers or Artist, you release LINC-d LLC (and LINC-d’s officers, directors, agents, subsidiaries, joint ventures and employees) from all claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes.
General Liability Disclaimer
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond Our reasonable control and such rights may be subsequently enforced by Us.
If We waive any rights available to Us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
You may close your account at any time by sending an email to [email protected].
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
Reporting Inappropriate Content to Us
LINC-d LLC does not necessarily manually screen content before it is displayed on the website so occasionally an Artist may inadvertently or deliberately submit and display content that breaches this agreement.
Please help Us by letting Us know quickly about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the “Inappropriate Content” link. If you believe copyright or other intellectual property rights are being infringed, you are able to make a formal complaint by using the processes described in Our policies and procedures.
You must take your own precautions to ensure that the process that you employ for accessing this website and the LINC-d LLC service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the LINC-d LLC service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the LINC-d LLC service, or any transmissions by others in contravention of the obligations as set out in this agreement.
You acknowledge that We may not be able to confirm the identity of Artists and other Users or prevent them acting under false pretenses or in a manner that infringes the rights of any person as provided in the Policies and Procedures.
If you are a customer or casual browser, please respect the copyright and trademarks of all the works you see or buy on LINC-d.com. Respecting other people’s intellectual property is an essential principle of LINC-d’s community.
Please be aware that artistic publishing and postings to the website is creator/Artist-controlled and We do not screen all of the content on Our website. It is the Artist’s and the Customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content on the website, only to the product.
Purchasing a Product on LINC-d.com
Any User can purchase products on the LINC-d.com website using a valid credit card or the PayPal system (“Customer”). The price you pay is fixed at the time of ordering. You do not have to be a member to purchase a product. You may not cancel an order once it has been submitted.
It is the Customer’s responsibility to ensure the product delivery address is correct. LINC-d takes no responsibility for any product a customer does not receive because of errors in the delivery address given to Us.
Delivery will be facilitated pursuant to the Customer’s instructions by postal or courier service and will be paid for by the Customer at the price indicated at the time of purchase. Shipping charges to the Customer will vary depending upon the size and price of the product and location of the Customer.
Damaged Goods are the responsibility of the manufacturer of the Product. If a Product is delivered to a Customer, whether in an electronic, printed, or physical format that is either electronically or physically damaged in some way (for example, a file does not download, a Product is broken, or there are loose or torn pages) We will assist in contacting the manufacturer to issue a replacement copy of the Product after receiving reasonable proof of that damage. However, We are not responsible for such improper delivery or damaged goods. We do not offer refunds.
□ I Agree