1.1. Welcome to the Aimful Coloring Books.com website! This is a legal agreement between you, the user of the website (“You”), and AimfulMedia LLC (the “Company”, “we”, “us”).
1.3. This agreement is effective at the time You begin using the Website. You may terminate this agreement at any time by discontinuing Your use of the Website.
1.4. You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and the Company as a result of this TOU or Your utilization of the Website.
1.6. By accessing or using the Website, You represent that You are at least 18 (eighteen) years old. If You are not of such age, please consult with Your parent or guardian with respect to this TOU, because persons under such age are authorized to use the Website only if a parent or guardian accepts this TOU on their behalf.
1.7. You acknowledge and accept that these TOU are subject to change without prior written notice at any time in the Company’s sole discretion, by updating this posting.
1.8. You acknowledge and accept that the Company reserves the right, at its own and complete discretion, to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website.
II. ABOUT THE WEBSITE AND THE COLORING BOOKS
2.1. Our Website aims at helping you to order our Coloring Books and latest products
2.2. The Website is directed at users in the USA and other countries, wherever people might be interested in purchasing Coloring Books.
2.3. The artwork in these coloring book represent murals and art pieces by selected artists, Miami. All reproductions in the Coloring Books, website and related marketing material is done with explicit authorization of the artists who accepted to participate Each respective artists owns copyright to their artwork.
III. PURCHASING THE COLORING BOOKS
3.1. To purchase the Coloring Books and related products You should click on the “order now” button and then follow the directions.
3.2. Once you place Your order, we’ll email You with an order confirmation, including the ordering information You gave us, the quantity purchased, and their prices A second email with the shipping tracking code will be send as soon as the goods are mailed.
3.3. You are responsible for any taxes imposed by Your country in connection with Your purchase.
3.4. For the purpose of accepting debit and credit card payments online from our customers, we use Stripe (https://stripe.com) and Paypal (http://paypal.com). Both payment gateways are accessible through the shopping cart. They are secured and encrypted for your protection. We do not access or store any credit card information.
4.1. We provide You free shipping in the United States with the purchase of $25 or more of goods in our site. We offer international shipment options at a discount. Local custom charges may apply and they are not guaranteed by us. We assume no responsibility on the untraceable shipments.
4.2. We will do our best to arrange delivery of Your Coloring Books within a reasonable time of ordering and the ship date as set out in the order confirmation email and this TOU.
V. CANCELLING AN ORDER AND RETURNING THE COLORING BOOKS
5.1. If You decide to cancel Your order before the Coloring Books ship, the Company will provide a full refund to You. If Your payment has already been processed, You will receive a full refund. If Your payment has not been processed, it will be cancelled.
5.2. If You purchased the Coloring Book via the Website and You were unsatisfied with the purchase because of defects, you may return the Coloring Book. The returned Coloring Book You send us must be in the original package. If You send the Coloring Book as it is prescribed in this paragraph, after receiving the Coloring Book from You, we guarantee You a full refund or exchange of the Coloring Book within 30 (thirty) days following the date, on which we received the one with defects.
5.3. If You request an exchange, we’ll pay for shipping of the new Coloring Book. The new Coloring Book will be shipped under the conditions applied to ordinary purchase according to this TOU amended on the date of Your request for an exchange.
5.4. If You request a full refund, it will be done by the same payment method the Coloring Book was purchased, i.e. via Stripe.
VI. EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
6.1. The Company will not be responsible for any delay or failure to comply with the TOU if the delay or failure arises from any event, which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, wars, civil unrests, acts of terrorism or malicious damages to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
VII. INTELLECTUAL PROPERTY RIGHTS
7.1. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information and documentation (“Content”) as well as the design, structure, selection, coordination, expression of any Content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by the Company.
7.2. All Content is protected as a collective work under U.S. and international copyright laws.
7.3. The Company will have the exclusive ownership of all present and future existing rights to Content of every kind and nature everywhere.
7.4. Names, logos, and icons identifying the Company’s products are proprietary trademarks of the Company and any use of such marks as domain names, account identifiers or as search terms, without express written permission, is strictly prohibited.
7.5. Please note that You are not entitled to make copies of the Coloring Books and use them for commercial purposes.
VIII. LIMITATION OF LIABILITY
8.1. THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8.2. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE COMPANY BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE MATERIALS IN THE WEBSITE.
8.4. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR GOODS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
9.1. By using the Website, You agree to defend, indemnify and hold harmless the Company, its affiliates, their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from Your use of and access to the Website and Your breach of any of these TOU.
9.2. This indemnity shall survive the duration of Your use of the Website.
X. APPLICABLE LAW AND DISPUTE RESOLUTION
10.1. These TOU shall be governed and interpreted pursuant to the laws of the State of Florida, the USA, not with standing any principles of conflict of laws.
10.2. By using the Website You agree to abide by all applicable laws and regulations governing Your use of the Website.
10.3. In case of any dispute arisen from or related to Your using of the Website, You should first contact us and attempt to resolve the dispute informally. If we are unable to resolve our dispute within 30 (thirty) days, any party of the dispute is entitled to file a case to the court according to the jurisdiction prescribed by applicable law.
XI. CONTACT INFORMATION
Effective as of: 06 09 2017
Last amended: 06 09 2017