Terms of service

 

OVERVIEW

This website is operated by Aseity Creations, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Aseity Creations, LLC and its functional wings under the name of Imagenuine, Second Identity First, Houston Artists’ Commune, and Holistic Photography by PK. Aseity Creations, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. TYPES OF SERVICES.

Under the wings of Imagenuine, Second Identity First, Houston Artists’ Commune, and Holistic Photography by PK; Aseity Creations, LLC offers collectable artworks for purchase and for lease, merchandises, memberships, classes, seminars, talks, workshops, equipment and space rentals, shared exhibition gallery space etcetera. Updated and details of services are available on our website and subject to change with or without notice. Photography, painting, drawing, creative writing, acting, short-film making, podcast related services and sessions are offered to clients, collectors, members, and students.

2. ONLINE STORE TERMS.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

3. GENERAL CONDITIONS.

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4. MEMBER ACCOUNT INFORMATION AND PASSWORD

If you become a Member or a Registered User, or create an account on the Aseity Creations, LLC/imagenuine website, you will complete a registration form and most probably receive a password and account-type designation. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur under your password or account. As such, you agree to provide true, accurate, current and complete information about yourself on the registration form; maintain and update your information to keep it accurate, current and complete. You must immediately notify Aseity Creations, LLC of any unauthorized use of your password or account or any other breach of security. You must exit/logout from your account at the end of each session. Aseity Creations, LLC has the right to terminate any account for any reason at any time.

5. STUDENTS AND MEMBERS

Aseity Creations, LLC offers classes via Second Identity First wing. Aseity Creations, LLC also offers membership to Houston Artists’ Commune. We reserve the right to enrollment to our school and we also reserve the right to grant membership. Enrollment as a student, membership can be denied or cancelled at any time due to non-adherence to our policies, practices, standards, and terms of services. In case of termination of student and/or membership status, no refund will be given, nor compensation of any kind will be entertained. Any unlawful act will be considered as an immediate ground for termination and/or cancellation of membership. Non-payment of dues within agreed upon time will be ground for termination and/or cancellation of membership as well.
Additionally, faculty, office bearers, staff, volunteers, affiliates, members, students, visitors, vendors and anyone else is prohibited from entering Aseity Creations, LLC premises while carrying firearms and/or explosives of any kind; concealed or not.
Person(s) found under the influence of substance including but not limited to alcohol will be asked to leave the premises immediately. In case of members, students, faculty, office bearers, staff, volunteers and others directly related to Aseity Creations, LLC and its activities will be forfeited of his/her/its/their association/affiliation rights immediately.

6. INTERESTS ON OUTSTANDING BALANCE

Aseity Creations, LLC in not a lender. However, from time to time Aseity Creations, LLC may permit buyers, collectors, purchasers, students, members or others who obtain services or materials from Aseity Creations, LLC an agreed upon amount of outstanding balance. The permission to carry an outstanding balance will be offered based on sole discretion of Aseity Creations, LLC though without biasness or discrimination of any kind. Permitted individual may be asked to furnish credentials and documents to prove creditworthiness. Documents may include but not limited to credit score, paystub, government issued identification, proof of address, employment information and other necessary information to determine the approval to carry an outstanding amount. An outstanding amount is the unpaid portion of charges, fees, prices etc even after receiving a merchandise and/or service. The outstanding balance is subject to interest accrual based on a simple calculation of interest of 2% per month rounded down to the nearest dollar value with a minimum of $1 interest per month for outstanding amount lesser than USD $50. A month is any calendar month and not a certain number of days. For example: January has 31 days and considered as a month. February with 28 or 29 days is considered a full month as well. Similarly, April has 30 days and considered to be a complete month.

Example of interest calculation: (All numbers are fictitious in this example and utilized only to explain the formula of the calculation method. Actual interest will be calculated based on actual amount of outstanding balance.)

  • A. Outstanding amount is USD $500 and payable over a six-month period.
  • Beginning outstanding: $500. At the end of the month the outstanding will be $510.
  • Month 1: Payment: $100. Outstanding $410. At the end of the month outstanding will be $418.
  • Month 2: Payment: $100. Outstanding $318. At the end of the month outstanding will be $324.
  • Month 3: Payment: $100. Outstanding $224. At the end of the month outstanding will be $228.
  • Month 4: Payment: $100. Outstanding $128. At the end of the month outstanding will be $130.
  • Month 5: Payment: $100. Outstanding $30. At the end of the month outstanding will be $31.
  • Month 6: Payment: $31. Outstanding $0.

7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

8. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

9. PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

10. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

11. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

12. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

14. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

15. ELECTRONIC MAIL.

Our communications with you will generally be by means of electronic mail. All electronic mail sent to us must be generated by the person in whose name the electronic mail account is registered. Electronic mail users may not mask their identities by using false names or other persons’ names or accounts. We will use your electronic mail address and the content of any electronic mail for correspondence and user-response purposes. Any non-personal information you provide to us by electronic mail, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect any such non-personal information from disclosure. Any personal information transmitted with an electronic mail, such as the sender’s name, electronic mail or home addresses, will be protected in accordance with the policies set forth in our Privacy Policy.

16. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

17. COPYRIGHT

As a user of this web site, you are not authorized to copy any content or images without prior approval in writing from Aseity Creations, LLC. Upon request and following review, if permissible by the management of Aseity Creations, LLC, a written permission document duly signed by the authorized representative of Aseity Creations, LLC on its official stationary will be provided to you. You must save the supplied document and produce it in case we ask you to furnish it as an evidence of official approval.

In the case of an apparent copyright infringement is found on our web site and if you believe that your work has been copied in a way that constitutes copyright infringement, please provide our office the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

18. THIRD PARTY INTELLECTUAL PROPERTY

Aseity Creations, LLC respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)), please contact our office in the form of written letter, mailed to Aseity Creations, LLC, P.O. Box 37061, Houston, Texas, 77237, United States of America.

19. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

20. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Aseity Creations, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

21. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Aseity Creations, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party

22. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

23. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

24. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

25. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Texas. You hereby consent and submit to the jurisdiction of the state and federal courts in the State of Texas.

26. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

27. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at connect@imagenuine.com.
Written communications are to be sent to Aseity Creations, P.O. Box: 37061, Houston, Texas, 77237