TERMS AND CONDITIONS OF SERVICE

This Agreement sets forth the Standard Terms and Conditions that apply to the use of the Earth’s Journey and/or www.earths-journey.com services. YOUR USE OF THE SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.

USER ELIGIBILITY

You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide Earth’s Journey with your full legal name, postal address, telephone number and an email address for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to Earth’s Journey, and you understand and agree that Earth’s Journey has an obligation to fully investigate any possible fraudulent credit card use.

CONTENTS OF MESSAGES

You are responsible for the contents of your messages and your “gallery” or “shop” or “exhibit” and the consequences thereof. You agree not to do anything that would restrict or inhibit any other user from using and enjoying the Internet or this environment. You further agree not to use Earth’s Journey to post any content or send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may constitute a criminal offense, give rise to civil liability or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or court order. Earth’s Journey reserves the right to terminate your account without prior notice if Earth’s Journey becomes aware of and determines, in its sole discretion, that you have violated any of the foregoing guidelines

UNLAWFUL OR PROHIBITED USE

As a condition of your use of Earth’s Journey services, you warrant to Earth’s Journey that you will not use Earth’s Journey services for any unlawful purpose.

You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of Earth’s Journey services.

FEES

Once again, Earth's Journey takes a 30% commission, and there are NO OTHER FEE'S you incur.  Keep in mind also, 10% of that is also donated to a charity in your name! We do ask however, that you be responsible for shipping your art to the client, however, that charge will be input into the store by you, so the money is pre-paid by the client.

You are however bound by the commission should you sell your artwork on Earth's Journey website.  For this reason, we do ask that you input your credit card information should there be a dispute.  We will do everything in our power to take care of the issue prior to charging your credit card any money.

TERMS OF PAYMENT

You agree to pay Earth’s Journey the appropriate payment for the services received from Earth’s Journey at time period during which such services are provided. You agree to provide Earth’s Journey with current billing and contact information, and you authorize Earth’s Journey to bill all accounts and related charges to the credit card on file and/or online financial account such as paypal. You further understand that until and unless you notify Earth’s Journey of your desire to cancel any or all services received, and you complete the cancellation process, those services will be billed on a recurring basis. In order for the account to be cancelled, it must be paid in full at the time of cancellation. You agree that prepayments will be billed and charged automatically, and that Earth’s Journey may apply the amount due to the provided card at any time

If your credit card is denied for any reason on the first attempt, Earth’s Journey will automatically resubmit your card for the amount due plus resubmission fees, on a weekly basis. A credit card resubmission fee of $10 will be charged against the account for every time Earth’s Journey attempts resubmission.

APPROPRIATE CONTENT AND ACCOUNT LIMITS

The following services are not allowed on Earth’s Journey servers:

• Any process that requires uses more than 0.10% of any available system resources at any time or otherwise threatens the stability of the server.

• Interactive real-time chat applications that require server resources.

• Software that performs functions for any site not within the account.

• Stand-alone, unattended server-side processes (including daemons).

• Software that interfaces with an IRC (Internet Relay Chat) network.

• Data archives of any kind, including backups, video and audio archives.

• Tracking software that logs information available through server logs.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Earth’s Journey, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Earth’s Journey policy decisions. Failure to observe these policies may include suspension or termination of your account without notice.

You are responsible for keeping a copy of your most current website files as backup on a remote system. Earth’s Journey is not responsible for any lost files, information or data, including but not limited to such losses that are a direct result of Earth’s Journey’s negligence.

ZERO TOLERANCE SPAM POLICY

Earth’s Journey takes a zero-tolerance stance against sending unsolicited email, commonly known as spam. The accounts of any user who sends spam will be terminated without notice, and the accountholder will be billed at a rate of $100 per recipient to whom the message was sent, regardless of whether the messages were sent from an Earth’s Journey.. All commercial mailings must also comply with the CAN-SPAM act and all other applicable laws.

MONITORING OF SERVICE

You agree that Earth’s Journey has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Earth’s Journey reserves the right to remove or to refuse to post any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this agreement. Earth’s Journey reserves the right to monitor any and all communications through or with its facilities. You agree that Earth’s Journey is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

TERMINATION

Earth’s Journey may terminate this agreement and your access to any or all Earth’s Journey related services at any time, with or without cause, effective immediately, and without any refund of any kind, including but not limited to refunds for pre-paid services. Earth’s Journey shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Any outstanding amount due on the account will still be payable.

You may terminate this Agreement at any time by contacting the support department at Earth’s Journey, which will then provide you with a form that must be completed in full and returned to confirm cancellation. No refund shall be issued. Earth’s Journey must receive all completed and correct termination requests, in writing, at least 30 days in advance of contract renewal date. Account to be cancelled must be paid in full at the time of cancellation.

All plans automatically renew every period, unless cancellation is requested in writing at least 30 days before renewal time.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE EARTH’S JOURNEY SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EARTH’S JOURNEY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE EARTH’S JOURNEY SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EARTH’S JOURNEY, ITS’ EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL EARTH’S JOURNEY, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE EARTH’S JOURNEY. SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE EARTH’S JOURNEY SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EARTH’S JOURNEY RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT EARTH’S JOURNEY IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM EARTH’S JOURNEY AND ITS AFFILIATES.

UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS

All contents of the Earth’s Journey website are proprietary to Earth’s Journey, and/or its suppliers and are protected under copyright law. All rights are reserved. Earth’s Journey reserves any rights not expressly granted herein.

FORCE MAJEURE

If by reason of failure of telecommunications or Internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of Earth’s Journey, Earth’s Journey is unable to perform in whole or in part its obligations as set forth in this Agreement, then Earth’s Journey shall be relieved of those obligations to the extent it is so unable to perform, and such inability to perform shall not make Earth’s Journey liable to the user.

GOVERNING LAW

New York law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of New York or to any Federal Court located within the State of New York.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or Earth’s Journey services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, as the parties to this agreement agree to be governed by the laws of New York. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in New York necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of New York with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorney fees and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party

Should either party file an action contrary to this provision, the other party may recover attorney fees and costs up to one thousand ($1000) dollars.

SEVERABILITY

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed and enforced as so limited.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination or rescission, namely warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Earth’s Journey against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorney fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third-party right). The terms of this section shall survive the termination of your relationship with Earth’s Journey.

REMEDY

You agree that your sole and exclusive remedy to any issues relating to Earth’s Journey services is to discontinue using the service.

ASSIGNMENT

In the event of a merger or consolidation of Earth’s Journey, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersedes any prior Agreements between the parties with respect thereto.

WAIVER

The failure of Earth’s Journey to enforce a provision of this Agreement shall not be construed as a waiver or limitation of Earth’s Journey's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

MODIFICATION OF TERMS

Earth’s Journey reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the Earth’s Journey website. You are responsible for regularly reviewing these documents. Continued use of the Earth’s Journey services after any such changes shall constitute your consent to such changes. Earth’s Journey does not and will not assume any obligation to notify you of any changes to the Terms of Service.