Terms of USE

Last Revised on October 14th, 2022

This Terms of Use Agreement (the “ToU”) is made between Hannah & Nemo, LLC (“Hannah & Nemo,” “we,” “us,” or ”our”) and you, the individual choosing to use our Online Services as defined below (“you,” or the “user”). 

Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU. 

Online Services this ToU Covers

Hannah & Nemo is an eco-art company that provides an online retail store where customers can purchase art, kits to create their own art, and related accessories (collectively the “Products”) while learning about activism and allyship through art. This ToU applies to our online services, including our website http://www.hannahandnemo.com/, our social media pages, and any future online services we develop (collectively the “Online Services”). This ToU is effective from the date you start using our Online Services and will continue until you cease using our Online Services.

Services This ToU Doesn’t Cover

We may, at times, link to the websites and services of other brands or partners that we love. When you click on one of these links, you are leaving Hannah & Nemo, and this ToU no longer applies. The way our partners or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services, such as Google, Instagram, and Facebook, you agree to their services policies, and this ToU is, in addition, not in place of such agreements. Additionally, all purchases of our Products are hosted by Squarespace; as such, when purchasing a Product, you are subject to Squarespace’s policies.

Acceptance of ToU

We know these ToU’s can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing. 

Changes to Terms

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU. 

Conditions Before You Access Our Online Services

Our Online Services are not targeted or intended to be used by people under the age of 18, and you are not permitted to make purchases from our Online Services unless you are over the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company. 

User Accounts

We don’t require you to have a user account to browse our Online Services or purchase our products. However, if you wish to interact with our social media platforms, you may be required to create an account with that social media platform (the “Third-Party Accounts”). We have no control over Third-Party Accounts or the personal information requested by these third parties. We do not have access to passwords created for Third-Party Accounts.

Suspension and Termination of Access to Online Services

  • Involuntary Suspension or Termination of Access to Online Services

We may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to prevent access to our Online Services at any time for any reason. 

  • Voluntary Termination of Third-Party Accounts

You are free to delete any Third-Party Account at any time voluntarily. Your account may be terminated by contacting the third party directly. 

Pricing, Billing & Availability

There may be times when we need to change our Product pricing or remove a Product from our offerings. As such, prices advertised and availability of Products are not guaranteed until a purchase has been made. The full Product price is due upon purchase, and we do not offer any payment plans through our site, though one may be available to you through  buy-now-pay-later third-party payment processing services. All payments are processed via third-party payment processors (via Squarespace); this means we never personally see or store your credit card information when you purchase a Product. We also do not guarantee that any offerings on our Online Services will be available permanently, and we reserve the right to amend, delete and add to the offerings on our Online Services at our full discretion without notice. We may also, at our sole discretion, make certain Products only availabe to select Users such as via our Secret Shop. Any coupons and gift cards offered are subject to the terms and conditions of the issued coupon/gift card (including validity and expiration periods). 

Donations

We love to donate our art to support non-profit organizations and charity events when we are able. You can request a donation through our website. We are not able to donate Products to every cause or organization, but we will consider all requests and make donations when possible. 

Commissions

We  only engage in specifically commissioned Products at our full discretion. You can submit a commission request on our website. However, submitting a commission request is not a valid order and does not mean that your commission request has been placed. If we are able to take on your commissioned Product request, we will reach out to you directly with a quote and further information. 

Wholesale

We love to make our Products available in establishments that share our beliefs in support of human rights and environmentalism. If you think that your retail business is a good fit to sell our Products, you can use the wholesale request form on our website to connect with us. All wholesale orders are at our full discretion. Submitting a wholesale request is not a valid order and does not mean that you have been accepted to be a wholesale seller. If we can see our Products fitting well into your retail business, we will reach out to you directly with a quote and further information.

Production Timelines & Shipping 

Our Products are handmade by our team of two (with encouragement from Mr. Biskit). This makes them unique and deeply personal, but it also means that each Product can take four to six weeks to create. If the Product you ordered is listed as “ready to ship,” we’ve already created it and will ship it to you within 10 business days. If the Product you ordered is “made to order,” that means we are making one just for you. Please allow up to 6 weeks for us to create your “made to order” Product—it will be worth the wait! We offer free shipping, including insurance, anywhere in the USA. We ask that you repurpose, recycle or compost all shipping materials.

Refunds

If a Product you ordered doesn’t work for you, please contact us through our website so we can make it right. We do our best to monitor comments and messages on our social media profiles, but sometimes comments and messages on social media can go unseen. Contacting us through the website is the best way to ensure that we see your message so we can address your concern. If we can’t solve your problem, you have 60 days to return the Product in its original condition. Your refund will be credited to the original form of payment used to make the purchase. Please note that any Products marked “Final Sale” are not returnable. Make sure to have your return dropped off within 60 days from when you receive your order as after this time period, we cannot accept refunds. Tax charges are non-refundable. Once we receive your return, please allow 3-4 business days for us to process it and then 5-10 business days for the refund to be posted to your original form of payment. We’ll send you an email when your refund has been processed, so you know that it’s coming. Refunds on orders placed via buy-now-pay-later payment processors will first be refunded from us to the third party processor, and then to you. For more information about returns that were funded by a buy-now-pay-later payment processor, please visit the website of the payment processor that you used. Hannah & Nemo monitors returned Products to identify potential misuse or abuse of our policies. We reserve the right to refuse service to anyone. 

Terms of Sale & Risk of Loss

By placing an order with Hannah & Nemo, you are offering to buy a Product, representing that you are of legal age to form a binding contract, and representing that all information you provided in connection with the order is true and accurate and that you are an authorized user of the payment method provided. When we send you an order confirmation, that is not an acceptance by Hannah & Nemo of your order. We send that to let you know we received your request, but there are a few steps necessary on our end before we can accept it. 

Prior to our acceptance of an order, verification of information may be required. Hannah & Nemo reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. Hannah & Nemo reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Hannah & Nemo has the right to refuse or cancel an order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is canceled, we will refund your original payment method in the amount of the incorrect price.

The risk of loss and titles for any Product(s) purchased by you passes to you upon our delivery of the Product(s) to the carrier. 

Publicity & Testimonials

We love showing others how our Products look in the homes of our customers! When you post a public review, post, or comment on our website or on a third-party platform (including Instagram, Facebook, and Google Reviews), you grant to Hannah & Nemo a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any such public reviews, posts, or comments that you make about Hannah & Nemo for our publicity and marketing purposes. While the reviews we post as testimonials are based on the real-life experiences and opinions of such Users, such opinions do not reflect the experiences of all of our Users, and User experiences with our Online Services and Products may vary. The views and opinions in such reviews and testimonials solely belong to the User and do not reflect our views and opinions.

Intellectual Property & Grant of License to Use Online Services

Our Online Services contain content, such as the “Hannah & Nemo” name and logo, our website design, our website code, videos, photos, and Make Your Own Moving Mosiac guides that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights to such content. We may also use some open source and licensed third-party content in our Online Services such as fonts, photos, and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. Hannah & Nemo does not grant or transfer any other rights, title, or interest to you other than the following limited license: Hannah & Nemo grants to you a limited, non-exclusive, non-transferable, revocable license to access and use Hannah & Nemo’s Online Services for non-commercial personal purposes only. Hannah & Nemo reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU. 

Make Your Own Moving Mosaic PDFs and Other Digital Products

This paragraph applies to you if you purchased a Make Your Own Moving Mosaic PDF or other digital item (“Digital Products”). When you purchase access to a Digital Product, you are buying a limited right to use the Digital Product subject to the conditions in this TOU. We remain the owner of the proprietary rights to the Digital Product, including any copyright. Once payment for your Digital Product is received by us, and subject to the following restrictions, we grant to you a non-transferable right to use the Digital Product for your own personal household purposes. You must not use the Digital Product for any commercial or business purposes, including using it to make art or other products on a commercial basis. You must not sell or provide the Digital Product for free to any other person at any time, either on its own or as part of a wider package. You must not modify the contents of a Digital Product in any way. 

Cutting Cans

Whether you are preparing cans to ship to us (thank you!), cutting cans for a Make Your Own Moving Mosaic, or cutting cans to make art inspired by ours, remember that this is not easy! Any time you cut cans, you do so at your own risk. We highly encourage you to use cut resistant gloves and safety goggles while cutting to prevent injury. Hannah and Nemo will not, under any circumstances, be liable for any injuries or damages caused as a result of a user cutting cans.

Copyright Policy & DMCA Claims

Hannah & Nemo respects the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringes on any person or entity's copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to info@hannahandnemo.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

  • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  • identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;

  • your address, telephone number, and email address;

  • 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

  • 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 agent permitted to act on the copyright owner’s behalf.

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

Representations and Warranties

  • Hannah & Nemo’s Representations and Warranties

OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” HANNAH & NEMO MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, HANNAH & NEMO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. HANNAH & NEMO DOES NOT WARRANT THAT USE OF HANNAH & NEMO’S ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. HANNAH & NEMO IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. 

  • User Representations and Warranties

By using Hannah & Nemo’s Online Services, you represent and warrant that:

  • You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;

  • You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;

  • You have read and agree to this ToU and will not use Hannah & Nemo’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;

  • You will not try to reverse engineer our site or software to circumvent access to our Online Services; 

  • You will not circumvent or hack any technology used by Hannah & Nemo to protect our Online Services and our users;

  • You will not transmit any worms or viruses or any code of a destructive nature; 

  • You will not copy or fraudulently reproduce Hannah & Nemo’s content or violate our intellectual property rights; and

  • You will not modify another website so as to falsely imply that it is associated or affiliated with Hannah & Nemo or our Online Services.

Limitation of Liability

IN NO EVENT WILL HANNAH & NEMO BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO CUT CANS WITHOUT INJURY, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. HANNAH & NEMO WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF HANNAH & NEMO UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO HANNAH & NEMO FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, HANNAH & NEMO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND HANNAH & NEMO. 

Indemnification 

You agree to indemnify and hold Hannah & Nemo harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU, and any activity related to your engagement with our Online Services.

Release 

You hereby release and forever discharge Hannah & Nemo (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to Hannah & Nemo, the Hannah & Nemo Online Services (including any interactions with, or act or omission of, other Users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Privacy, Cookies, and Data Protection

We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy. 

International Users

Hannah & Nemo’s Online Services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access Hannah & Nemo’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose. 

Dispute Resolution

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY HANNAH & NEMO. 

  • Letting Us Know About Complaints

At Hannah & Nemo, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about Hannah & Nemo's Online Services, please reach out to Hannah & Nemo to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.  

  • Mandatory Binding Arbitration

If a dispute arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, the parties agree to attempt to settle the dispute with the help of a mutually agreed-upon Kendall County, Texas, mediator. Each party will bear their own mediation costs unless otherwise expressly agreed upon by both parties. The parties must mediate in good faith until a settlement is reached or the mediator declares an impasse has been reached. If a settlement is not achieved through mediation, the dispute must be settled by binding arbitration administered by the American Arbitration Association (AAA) in San Antonio, Texas, per its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”). Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim and becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. 

  • Prevailing Party

If an arbitrator or court of law determines a claim against Hannah & Nemo to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse Hannah & Nemo for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.

  • Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against Hannah & Nemo will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will not affect other users of Hannah & Nemo’s Online Services. 

Assignment
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of Hannah & Nemo. Hannah & Nemo reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the Hannah & Nemo business or assets. 

Survival of Terms Beyond Termination

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses. 

Waiver and Severability

No waiver by Hannah & Nemo of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible. 

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU and our Privacy Policy are to be governed by and interpreted, constructed, and enforced per the laws of the state of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Kendall County, Texas.

Entire Agreement

This ToU and our Privacy Policy represent the entire and exclusive agreement between Hannah & Nemo and users of our Online Services. All previous written and oral agreements and communications related to the subject matter of this ToU and Privacy Policy are superseded. If any additional service agreement is provided or has been provided in addition to this ToU and Privacy Policy, such agreements are intended to be in addition and not in lieu of this ToU. To the extent that there are any provisions in such service agreements that conflict with the terms of this ToU, the terms of the service agreement will prevail.

Contact Us

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our Online Services. However, if you have any questions about this ToU, our Privacy Policy, or Hannah & Nemo’s services in general, just reach out! We would be more than happy to explain.

info@hannahandnemo.com
PO Box 1237, Comfort, Texas 78013