TERMS AND CONDITIONS
Last Updated, 2021
Embrace Creatives, LLC, and their website EmbraceCreatives.com, bring all information and services contained within this site to you, the user, conditional upon your acceptance of the following terms and conditions and policies (“terms”).
Use of this site constitutes your agreement with these terms, conditions and policies. If you are not in agreement with these terms, please do not use the EmbraceCreatives.com website, and please refrain from accessing EmbraceCreatives.com.
Embrace Creatives, LLC reserves the right to change, modify or remove portions of these terms at our sole discretion and any such changes will be immediately effective upon posting to this website. Embrace Creatives, LLC reserves the right to change, modify or discontinue, temporarily or permanently, any or all parts of EmbraceCreatives.com and Embrace Creatives, LLC shall not be liable to any user or other third party for any such modification or discontinuation of this site.
We may modify, update, or discontinue the Services (including any of their portions or features) at any time without liability to you or anyone else. However, we will make a reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.
By using EmbraceCreatives.com, you warrant that you will not use this site or any content from this site for any purpose that is unlawful or prohibited by these Terms. Any violation of these terms will automatically terminate your permission to use the EmbraceCreatives.com site.
The terms constitute the entire agreement between each user and Embrace Creatives, LLC, and govern each user’s use of the EmbraceCreatives.com site, superseding any prior agreements.
Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third-party content, or third-party software. The Terms and the relationship between each user and Embrace Creatives, LLC shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Oakland County, Michigan.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any violations of the Terms (except for claims of intellectual property infringement) to Embrace Creatives, LLC.
You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”) how to upgrade or make better, Embrace Creatives, LLC or EmbraceCreatives.com. However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license, to institute your ideas, suggestions, or proposals (“Feedback”).
When asked, each EmbraceCreatives.com user will provide true, accurate, current and complete information on our registration form and in their public, account profile, and as necessary, will promptly maintain and update this data to ensure accuracy.
If, after investigation, Embrace Creatives, LLC has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user’s account and we may prohibit or restrict any and all current or future use of the EmbraceCreatives.com website by that user.
You are responsible for all activity that occurs via your account. You may not;
- share your account information (except with an authorized account administrator) or
- use another person’s account. Your account administrator may use your account information to manage your use and access to the Services
Each user will receive passwords and account designations upon completing our registration processes and is wholly responsible for maintaining the confidentiality of those and is liable for all activities occurring thereunder.
Embrace Creatives, LLC cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this, including any loss or damage arising from any user’s failure to notify Embrace Creatives, LLC or EmbraceCreatives.com of any unauthorized use of his or her password or account or any other breach of security; and ensure that he or she exits from his or her account at the end of each session.
You retain all rights and ownership of your content. We do not claim any ownership rights to your content.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. Therefore, the user, not Embrace Creatives, LLC, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits on EmbraceCreatives.com.
No user shall transmit Content or otherwise conduct or participate in any activities on EmbraceCreatives.com that, in our judgment, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the transmission of obscenity, or the permissible uses of intellectual property.
Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share. We do not monitor or control what others do with your content.
You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. If you do not choose the access level to apply to your content, the system may default to its most permissive setting.
It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing or sharing of your content.
Embrace Creatives, LLC and EmbraceCreatives.com reserve the right to refuse or delete any Content it deems unnecessary, as well as to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Embrace Creatives, LLC, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Embrace Creatives, LLC to protect the rights, property, or personal safety of EmbraceCreatives.com’s users and the public.
Embrace Creatives, LLC does not control the Content posted to EmbraceCreatives.com and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will Embrace Creatives, LLC or EmbraceCreatives.com be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the EmbraceCreatives.com website.
By using EmbraceCreatives.com you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content.
Each user may be exposed to Content that they deem offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
We will only access, view, or listen to your content in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your content to;
- respond to support requests;
- detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and
- enforce these terms. Some copies of your content may be retained as part of our routine backups.
The Services may allow you to comment on content. Comments are not anonymous and may be viewed by other users. Your comments may be deleted by you, other users, or us.
We do not review all content uploaded to the Services, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing).
The Embrace Creatives website consists of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly. You must not misuse the Services or content that we provide to you as part of the Services. For example, you must not:
- copy, modify, host, stream, sublicense, or resell the Services or content;
- enable or allow others to use the Service or content using your account information;
- use the content or Software included in the Services to construct any kind of database;
- access or attempt to access the Services by any means other than the interface we provided or authorized;
- circumvent any access or use restrictions put into place to prevent certain uses of the Services;
- share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
- upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- attempt to disable, impair, or destroy the Services, software, or hardware;
- disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
- engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
- place advertisement of any products or services in the Services except with our prior written approval;
- use any data mining or similar data gathering and extraction methods in connection with the Services; or
- violate applicable law.
Embrace Creatives, LLC does not process payment onsite. All credit card information is processed by Paypal or Stripe. We believe that they appropriately protect your information but you should review their practices at http://www.paypal.com and https://stripe.com.
Processing time will be determined based upon your country. If there are insufficient funds in your bank account when Pay Pal processes the payment for your purchase, Embrace Creatives reserves the right to contact you directly and to seek payment.
Embrace Creatives may share your personal or transactional information with Pay Pal if necessary to process payments.
VENDOR COMMISSIONS & PROMOTIONAL DISCOUNTS
Embrace Creatives offers promotional discounts as an incentive for new and returning collectors to explore the constantly changing selection of artwork on our site. We find that offering promotions allows artists to gain the attention of collectors previously unaware of their work and a better chance to make future sales.
The discount codes currently given to official collectors with an active EC account is 10% off their initial purchase.
Embrace Creatives will receive a 40% commission on the final sale price for each and every sale made through our website or private projects. For a limited time, if a promotional discount code or trade discount is offered, the discount will be deducted from Embrace Creatives and not the artist. We reserve the right to alter this decision at any time and without informing our sellers.
Embrace Creatives reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts.
RIGHTS & OTHER TERMS
Use, reproduction, modification, and other intellectual property rights to data stored on the EmbraceCreatives.com site will be subject to licensing arrangements that may be approved by Embrace Creatives, LLC as applicable to such Content.
With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments, reviews, blogs, images or other Content deemed public, the submitting user retains ownership of such; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Embrace Creatives, LLC.
In each such case (excluding artworks, which may be displayed worldwide), the submitting user grants Embrace Creatives, LLC and EmbraceCreatives.com the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
Embrace Creatives, LLC will use reasonable efforts to back up site data and make such data available in the event of loss or deletion but has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by EmbraceCreatives.com.
We recommend that you continue to back up your content regularly. We may create reasonable technical limits on your content, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account.
Embrace Creatives, LLC reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. Embrace Creatives, LLC reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as deemed necessary by Embrace Creatives, LLC.
You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees. If we terminate your account for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. Unless stated in Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if:
- you breach any provision of these terms (or act in a manner that clearly shows you do not intend to or are unable to, comply with these terms);
- we find an abuse of site resources or attempt to gain unauthorized entry to the site or site resources;
- you fail to make the timely payment of fees for the Services if any;
- we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
- we elect to discontinue the Services, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
- there has been an extended period of inactivity in your free account.
Embrace Creatives, LLC reserves the right to terminate a user’s account for any reason.
Termination of any user’s access to any or all of the EmbraceCreatives.com site may be effected without notice and, on such termination, Embrace Creatives, LLC may immediately deactivate or delete the user’s account and/or bar any further access to such files.
Embrace Creatives, LLC shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. Embrace Creatives, LLC reserves the right to delete, or not delete, a user’s account at our sole discretion, as well as to delete, or not delete, content at our sole discretion.
LINKS TO OTHER SITES
Embrace Creatives, LLC, EmbraceCreatives.com or a third party may provide links to other websites. Embrace Creatives, LLC and EmbraceCreatives.com exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon.
Embrace Creatives, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Any user’s access and use of linked websites, including information, material, products, and services therein, is solely at their own risk.
INDEMNITY, DISCLAIMER, LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless Embrace Creatives, LLC and EmbraceCreatives.com and their respective officers, employees and agents from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of EmbraceCreatives.com; his or her submission, posting or transmission of Content or his or her violation of the Terms.
Each user’s use of the EmbraceCreatives.com site is at his or her sole risk. The EmbraceCreatives.com site is provided on an “as is” and “as available” basis and Embrace Creatives, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Each user will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material. Embrace Creatives, LLC expressly 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 and non-infringement.
Embrace Creatives, LLC makes no warranty that EmbraceCreatives.com or any service thereon will meet your requirements, or that any user access will be uninterrupted, timely, secure or error-free, or that the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations, and finally that any errors in the software will be corrected.
Embrace Creatives, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from any user’s use or inability to use any service on EmbraceCreatives.com; the cost of procurement of substitute services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the EmbraceCreatives.com site; or any other matter relating to the Embrace Creatives site.
In no event shall Embrace Creatives, LLC’s total cumulative liability to any user or other party under these terms of service or otherwise exceed $1,000.00. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Nothing herein shall be deemed to create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Embrace Creatives, LLC and any user or other person or entity nor do these terms of service extend rights to any third party.
As noted above, Embrace Creatives, LLC does not and cannot control the actions of its site users, visitors, or linked third parties. We reserve the right to report any malfeasance that comes to our attention to the appropriate authorities.
We do not guarantee continuous uninterrupted or secure access to the Embrace Creatives site. Operation of EmbraceCreatives.com may be subject to interference from numerous factors outside our control. Further, scheduled and preventive maintenance as well as required, and emergency maintenance work may temporarily interrupt services or access to the website.
The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by Embrace Creatives, LLC.
Embrace Creatives, LLC, EmbraceCreatives.com, the Embrace Creatives logo, our service marks, and product and service names are trademarks or registered trademarks in the United States. All other names and designs may be trademarks of their respective owners.
With regard to copyrights, Embrace Creatives, LLC respects the intellectual property rights of others, and requires that the people who use Embrace Creatives.com do the same. It is our policy to respond promptly to claims of intellectual property misuse.
We remain the sole owner of all right, title, and interest in the Services. We reserve all rights not granted under these terms.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us at the contact information provided on the site.
Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
If you are unsure whether someone’s use of your copyrighted material amounts to infringement, please contact an attorney. You might also want to consult publicly available reference materials such as those found at the U.S. Copyright Office website. To move forward with a copyright infringement notification, provide us with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit Embrace Creatives, LLC to locate the material, including the full URL.
- your name, address, telephone number, and email address.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If Embrace Creatives, LLC receives such a claim, we reserve the right to refuse or delete Content as described above or to terminate a user’s account as indicated above.
Upon receiving a claim of infringement, Embrace Creatives, LLC will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the DMCA, Embrace Creatives, LLC will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Embrace Creatives, LLC will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, Embrace Creatives, LLC will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter-notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days.
Additionally, Embrace Creatives, LLC will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter-notice, unless we first receive notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Embrace Creatives system or network.
You may provide us with a counter-notification by providing us with the following information in writing:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Embrace Creatives, LLC may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Every user or visitor to EmbraceCreatives.com must abide by the existing Copyright Act as amended, ignorance of the law is never an excuse in this matter. Any type of violation of the law, which includes copying the artwork by any person, including the works of another user of EmbraceCreatives. com, by any means or methods available, will break the provisions of Copyright laws, both National and International.
The provisions of Copyright law will be invoked in any of the following cases:
- Copying any artwork of another person and displaying it on Embrace Creatives.
- Copying, by electronic or by any other method, the art work of a user or any other person without his or her prior consent.
- Print, sell or display artworks without the consent of the artist from his profile on EmbraceCreatives.com. or from any other connected or linked sites.
- Misrepresentation of the individual details and facts of a user and displaying forged works by means of computer software, or by any other techniques, altering, modifying or changing another person’s artwork and displaying such works on EmbraceCreatives.com.
EMBRACE CREATIVES DISCLAIMERS
Embrace Creatives, LLC reiterates that any user, who violates the Copyright law, is solely liable for the costs and consequences of any legal proceedings and Embrace Creatives holds no responsibility, in such situations.
Embrace Creatives disclaims any responsibility for copyrights of work directly purchased by a purchaser from a user of the Embrace Creatives site, because Embrace Creatives is an open site and any one can enter and exit without the knowledge of Embrace Creatives, LLC.
Embrace Creatives disclaims any responsibility for infringement of the copyright of the work of a user of the site if anyone, by any method, copies a work which was displayed at Embrace Creatives.
Whenever there will be any clash between the Copyright law of another Country or Nation with the Copyright law of the U.S.A., the latter or existing International law, if any, will prevail.
ANTI-DISCRIMINATION AND HATE SPEECH POLICY
Embrace Creatives connects discriminating consumers and design professionals with reliable artists. It’s a market where people of all backgrounds inspire each other and build healthy, professional relationships through selling, and buying unique goods.
We want everyone on Embrace Creatives to feel safe, and our priority is fostering an inclusive environment. This policy explains the kind of behavior we prohibit on Embrace Creatives to make sure we all have a positive experience.
Embrace Creatives prohibits the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):
- National origin
- Gender identity
- Sexual orientation
- Any other characteristic protected under applicable law
It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, Embrace Creatives does not allow hate speech.
Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.
Whether you’re engaging with public features on Embrace Creatives, such as listing items, writing a blog post, or reviews, or having direct communication with other users, such as via Messages, discrimination and hate speech are not allowed.
As a seller on Embrace Creatives, your shop content, including announcements and policies, cannot display discriminatory behavior toward protected groups. Examples of prohibited behavior include, but are not limited to:
- Refusal of service based on membership in one or more protected group
- Expressing intolerance or a lack of respect for another member on the basis of protected group attributes
- Having a shop policy that excludes sales to members of one or more protected groups listed above
- Directly or indirectly making derogatory or demeaning remarks against protected groups listed above
- Racial slurs
- Posts that support or glorify hate groups and their members
If you think discrimination or hate speech has occurred on Embrace Creatives, please report it by emailing team@Embrace Creatives.com and we will investigate.
If you see a listing on Embrace Creatives which you believe violates our terms, including prohibited hate items, we encourage you to flag the item by reporting the item.