These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.
Artofeloping.com is provided by:
Art of Eloping, LLC
201 N. Union St. Suite 110
Alexandria, VA 22314
Owner contact email: kim@artofeloping.com
By accepting the Terms, Users fully and unconditionally release and forever discharge the Owner, its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:
The Service of artofeloping.com is provided at no monetary cost to Buyers. Products offered by the Owner or by Sellers via artofeloping.com are marked as such.
Artofeloping.com merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.
These Terms only apply to the described usage of artofeloping.com as a platform.
Terms, conditions and any other provision applying specifically to transactions between Buyers and Sellers are specified by each Seller.
Unless otherwise specified, the terms of use detailed in this section apply generally when using artofeloping.com.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using artofeloping.com, Users confirm to meet the following requirements:
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by artofeloping.com.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Registration of User accounts on artofeloping.com is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Users can terminate their account and stop using the Service at any time by doing the following:
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on artofeloping.com is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on artofeloping.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
The Owner allows Users to upload, share or provide their own content to artofeloping.com.
By providing content to artofeloping.com, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.
Users acknowledge and accept that by providing their own content on artofeloping.com they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of artofeloping.com as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to artofeloping.com.
Users acknowledge, accept and confirm that all content they provide through artofeloping.com is provided subject to the same general conditions set forth for content on artofeloping.com.
Users are solely liable for any content they upload, post, share, or provide through artofeloping.com. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to artofeloping.com:
The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through artofeloping.com.
Through artofeloping.com Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
In particular, on artofeloping.com Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via artofeloping.com. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.
The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
Artofeloping.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of artofeloping.com and/or the Service violates no applicable law, regulations or third-party rights.
Some of the Products provided on artofeloping.com, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of artofeloping.com.
To purchase Products, the User must register or log into artofeloping.com.
Prices, descriptions or availability of Products are outlined in the respective sections of artofeloping.com and are subject to change without notice.
While Products on artofeloping.com are presented with the greatest accuracy technically possible, representation on artofeloping.com through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
When the User submits an order, the following applies:
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on artofeloping.com are displayed:
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of artofeloping.com.
All payments are independently processed through third-party services. Therefore, artofeloping.com does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
The payment of the purchase price may be settled in two or more installments, within the deadlines specified on artofeloping.com or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of artofeloping.com within 30 days of concluding the contract.
The purchased service shall be performed or made available within the timeframe specified on artofeloping.com or as communicated before the order submission.
Users have the option to test artofeloping.com or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of artofeloping.com may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on artofeloping.com.
The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
If the purchase price is paid in several installments, the subscription shall start on the day that the first payment is received by the Owner and last for the entire duration of the subscription, provided that all other installments are received in time.
Failure to meet the payment deadlines may result in the unavailability of the Product.
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
Terminations shall take effect 5 days after the notice of termination has been received by the Owner.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
The right of withdrawal does not apply to contracts that have been entered into with the Owner. It may, however, apply to contracts entered into with Sellers. If applicable, the right to withdraw from contracts entered into with Sellers via artofeloping.com is subject to the conditions and specifications made available by each Seller on artofeloping.com.
Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in artofeloping.com.
The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations.
Users, in particular, acknowledge and accept that the Owner is not involved in sales and purchases by Users qualifying respectively as Sellers or Buyers over artofeloping.com.
This means that Sellers and Buyers are solely liable for respectively offering and purchasing through artofeloping.com and for the obligations resulting thereof.
In particular, the Owner shall bear no liability for:
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events( infrastructural breakdowns or blackouts etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of artofeloping.com and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to artofeloping.com are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with artofeloping.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of artofeloping.com must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of artofeloping.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.
The Owner does not participate in alternative dispute resolution procedures for Consumers under the German Verbraucherstreitbeilegungsgesetz.
Within one year of submitting a written complaint to the Owner regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before