Terms of Use

By using the LabourLove.com web site, a service of LabourLove Gallery, LLC., you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”).

General Terms

1. You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity including purchases that occur under your name.
2. You are responsible for keeping your password secure.
3. Users agree to comply with all local laws regarding online conduct and acceptable content.
4. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason. 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. We may need to verify any information you provide before we accept an order. Item availability and prices of all products sold at the LabourLove.com website are subject to change without notice. We reserve the right to limit quantities on certain items.
5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on LabourLove.com.
6. You must not modify, adapt or hack LabourLove.com or modify another website so as to falsely imply that it is associated with LabourLove.com.
7. You must not create or submit any spam on any part of LabourLove.com this may include, but is not limited to convos, offensive language, threats, or topics unrelated to the content of LabourLove.com.
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. In the use of LabourLove.com you must not violate any laws in your jurisdiction.

Violation of any of these agreements will result in the termination of your LabourLove.com. While LabourLove.com prohibits such conduct and content on its site, you understand and agree that LabourLove.com is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the LabourLove.com service at your own risk.

General Conditions

* LabourLove.com reserves the right to modify or terminate the LabourLove.com service for any reason, without notice at any time.
* LabourLove.com reserves the right to alter these Terms of Use at any time.
* LabourLove.com reserves the right to refuse service to anyone for any reason at any time.
* LabourLove.com may, but has no obligation to, remove content (“content” includes, for example, items, item descriptions, and information submitted in the forums) and accounts containing content that LabourLove.com determine in LabourLove.com’s sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy, or other policy documents and community guidelines as posted on LabourLove.com.
* The LabourLove.com service makes it possible to post images hosted on LabourLove.com to outside websites. This use is accepted. However, pages on other websites which display images hosted on LabourLove.com must provide a link back to LabourLove.com from each photo to its photo page on LabourLove.com.
* Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
* You can remove your profile at any time by deleting your account. This will also remove any private information you have stored in the system. By uploading images and item description content to LabourLove.com, you agree to allow other LabourLove.com users to view them and you agree to allow LabourLove.com to display the images and content on LabourLove.com (for example, in your shop, on LabourLove.com’s Homepage and in Treasuries) and store the images, item description, profile and other content.

You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on LabourLove.com before you may become a member of LabourLove.com. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.

LabourLove.com may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on LabourLove.com. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on July 1, 2009 for all users.

Membership Eligibility

LabourLove.com’s services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. LabourLove.com’s services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended LabourLove.com members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use LabourLove.com. Further, your LabourLove.com account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Release

In the event that you have a dispute with one or more users, you release LabourLove.com (and LabourLove.com’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Usage Rights
Copyright of art works sold by LabourLove.com remains with LabourLove.com and the artist(s) according to agreement between labourlove.com and artist(s) at all times. Buyers may not reproduce purchased art works in any form without express permission from labourlove.com and the creator of the original work of art.  All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by LabourLove.com or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by LabourLove.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.  Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to LabourLove.com or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Restricted Activities: Your Activities which results in Your Information (or any items listed) on LabourLove.com shall not:

(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items, this includes artists misrepresenting work as their own and buyers attempting to reporduce an artist’s artwork.;
(c) infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); LabourLove.com also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:

(aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on LabourLove.com or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) are concurrently listed for sale on a web site other than LabourLove.com’s (this does not prevent linking to or advertising an LabourLove.com item from another web site); or
(dd) you do not have a right to link to or include.

Privacy

LabourLove.com does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and LabourLove.com only uses your information as described in the Privacy Policy. LabourLove.com views protection of users’ privacy as a very important community principle. LabourLove.com understands clearly that you and Your Information is one of LabourLove.com’s most important assets. LabourLove.com stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use LabourLove.com’s services.

Jurisdiction/Governing Law
LabourLove.com is headquartered in the State of North Carolina, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of North Carolina (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect. Customer expressly agrees that exclusive jurisdiction for any dispute with LabourLove.com, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of North Carolina and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of North Carolina in connection with any such dispute including any claim involving the merchandise or LabourLove.com or its affiliates, subsidiaries, employees, contractors, officers, directors.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and LabourLove.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to LabourLove.com Attn: Legal Department; 807 East Main St, Suite 2-130, Durham, NC 27701 (in the case of LabourLove.com) or to the email address you provide to LabourLove.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, LabourLove.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to LabourLove.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Prices, Quantities, Styles, Colors
Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. LabourLove.com reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.
DISCLAIMER OF WARRANTIES
LABOURLOVE.COM CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. LABOURLOVE.COM HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND LABOURLOVE.COM AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY LABOURLOVE.COM.
LABOURLOVE.COM, LABOURLOVE.COMS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LABOURLOVE.COMS SUPPLIERS PROVIDE LABOURLOVE.COMS WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LABOURLOVE.COM, LABOURLOVE.COMS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LABOURLOVE.COMS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT LABOURLOVE.COM 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, OR OTHER INTANGIBLE LOSSES (EVEN IF LABOURLOVE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF LABOURLOVE.COM’S MERCHANDISE.
IN NO EVENT SHALL LABOURLOVE.COM, AND (AS APPLICABLE) LABOURLOVE.COMS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR LABOURLOVE.COMS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

LABOURLOVE.COMS LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LABOURLOVE.COMS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO LABOURLOVE.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD LABOURLOVE.COM AND (AS APPLICABLE) LABOURLOVE.COMS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Force Majeure
Neither Buyer nor LabourLove.com shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.

Disclosures

The services hereunder are offered by LabourLove.com Inc., located at 807 East Main St, Suite 2-130, Durham, NC 27701.

Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com’s Internet site, services, or policies. LabourLove.com is not affiliated with SafetySurf.com.

USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by LabourLove.com or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by LabourLove.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.  Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to LabourLove.com or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Miscellaneous
These Terms and Conditions of Sale constitute the entire agreement between LabourLove.com and Customer, superseding any prior agreements between Customer and LabourLove.com. The failure of LabourLove.com to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify LabourLove.com in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. LabourLove.com shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL LABOURLOVE.COM ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER (DYED, PRINTED, EMBROIDERED, RELABELED, LAUNDERED ,TAG REMOVED OR THE LIKE).
Returns and Cancellations
Authorized returns and exchanges must be made within 7 days after Customer’s receipt of merchandise. All returned merchandise must be accompanied by a completed Return Form, which is included with your shipment. All returns and exchanges will be subject to a 25% re-stocking fee in addition to freight. Returns will not be accepted on merchandise that has been altered or modified in any manner (dyed, printed, embroidered, relabeled, laundered, tag removed or the like.) No order can be cancelled once it has been entered into production. Customer will be responsible for all freight and shipping charges on items returned that are not the result of LabourLove.com’s error. All sales are final on “Sale” and “Overstock” items; returns are not accepted on these items under any circumstances.

Obtaining Return Authorization
Please call LabourLove.com customer service at 919-373-4451 to obtain a return authorization number.  A “Return Form” will be emailed to you.  You must complete the form in it’s entirety and enclose it with the returned item(s). Send your return to us via UPS or Federal Express at:
LabourLove.com
Returns Department
807 E. Main St, Suite 2-130
Durham, NC 27701

Customer will receive a credit posted to their account for any such return once it is received and checked in by LabourLove.com. Please allow 5-7 days for credit posting.

Customer Acceptance of Late or Defective Merchandise
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.
Questions and Comments

LabourLove.com’s goal is to make you happy. In the event a dispute arises between you and LabourLove.com, please email LabourLove.com at support@LabourLove.com.com and we will work quickly towards a solution.

Disputes between you and LabourLove.com regarding LabourLove.com’s services may be reported to Customer Support by emailing support@LabourLove.com.com.