Poke Pocket Pal Website Terms of Service / Terms of Use (rev 11/13/2023)

Preamble

The purpose of this website is to provide an online place where specific artists (a.k.a. Artist[s]) may market their art to those who appreciate the work that the artists create (a.k.a. Customer[s]). This website is owned and operated by Right Foot Consulting Services Inc (a.k.a. Owner[s]). A small business incorporated in the State of Delaware, in the United States of Amercia.

The Poke Pocket Pal Website Terms of Service / Terms of Use are herein also known as "terms of service", "terms of use", or simply as "this agreement".

The owner of this website and the website itself may collectively be referred to as (we/our/us) within this agreement.

Both artists and customers shall herein collectively be referred to as (you/your/yourself) when it is deemed appropriate to promotes the readability of the text. Additinally artists and customers who use this site may be refered to as (user) either singularly, or plurally and in accordance with the Use of Case, Plurality, Posession and Aliasing section of these Terms of Service.

Use of Case, Plurality, Possession and Aliasing

The preamble of this agreement identifies multiple parties to this agreement by aliases (for example "artist", "customer", "owner", "website") While we will make every attempt within this agreement and other published policies, to make consistent use of case in aliasing each party to this agreement, the use of case with respect to a party alias shall be considered to be case insenstive and not case sensitive. For example: "Customer" shall mean the same thing as "customer", "Artist" shall mean the same thing as "artist" and so on regardless of where they appear within this agreement.

Plurality and possession, shall be context dependent to the extent that a reasonable person, fluent in English shall be able to infer the correct meaning based on commonly accepted rules of English grammar, and good judgement in the face of a possible typographic error. For example "Customers" shall be the plural of "customer", and shall refer to multiple "Customer" parties in the plural sense. Similarly, with respect to possession: "customer's" shall be a possessive alias indicating possession by sinular customer entity, and "customers'" shall be a possessive alias indicating possession by a plurality of "customer" entities.

In order to promote the readability of this agreement we leverage aliasing via pronouns. For example, in the preamble we identify the owners. Further we alias the owners with the pronouns (we/our/us) with the intention that those pronouns refer to the owners in the context of easier to read English. The pronouns are aliases for the party identifers, and shall be construed to be one and the same.

Acceptance of Terms of Service

These terms of use which include our Privacy Statement and End User Licence Agreement (EULA) govern your use of the services provided by this website, and any agreement made between you and any other user of this website. By using, visiting or browsing this website, you accept and agree to these terms of use. If you do not agree with these terms of use do not use this website nor any service that it provides.

This website is provided by Right Foot Consulting Services Inc or one of it's affiliated companies. The provider of this service will be identified on the home page of this website.

Privacy

Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated therein. It is your responsibility to review this privacy statement to understand our practices.

Applicable Law

As pertains to your use of this site, you agree to be bound exclusively by a single set of governing laws, specifically the laws that govern the State of Washington in the United States of America. You agree, that you will waive all claim to any rights afforded to you by laws which are aimed to provide you legal protection under a theory of extraterritoriality. This includes laws such as the General Data Protection Regulation (GDPR) of the European Union, as well as the California Consumer Privacy Act (CCPA).

Must be a Legal Adult to Use This Site

Herein the term Legal Adult shall apply to anyone who is mentally competent, over the age of 18, residing within the United States of America, and fully authorized under the laws of their place of residence to enter into legally binding contracts within the United States of America.

If you are not a Legal Adult as defined herein you are not authorized to use this website, and you will not be afforded access to any features of this website that allow for you to provide information to us or to share information with other users of this website.

Any attempt to use this website by any person who is not a Legal Adult, or any attempt to circumvent website safeguards or misrepresent your status as a Legal Adult is an unauthorized use of this website. The owners of this website reserve the right to seek legal remedy against you and anyone legally responsible for you, under the law for unauthorized use of a computer system.

User Submissions

We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the services provided by this website (collectively "User Submissions"). As between you and us, you own right to your User Submissions. However, you grant to us and our affiliates, representatives, sublicensees and assigns an irrevokable, perpetual, non-exclusive, fully-paid, licence (sublicencable through multiple tiers) throughout the universe to use, distribute, syndicate, licence, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed, provided, however that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon your disclosure of your User Submissions imposed on us under our Privacy Policy.

We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the website and supporting services. In consideration for us granting you access to the use of the services and features provided by this website, you agree that we may place such advertisements throughout our Services.

We do not pre-screen User Submissions, and you agree that you are soley responsibile for all of your User Submissions. We are not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe on the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the website and its supporting services, such as your home aaddress or the home addresses of others.

We own all rights, title and interests in any compilation or collective work or other derivative work created by using or incorporating your content (but not your original content). When you use a feature of this website or it's supporting services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevokable, non-exclusive, royalty free, perpetual right and licence in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this section will survive the termination of these Terms.

All content and materials provided on this website and supporting services are intended for general information, general discussion, education and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED "AS IS", AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK.

Copyright Infringement and Trademark Rights.

We respect the intellectual property rights of others. Accordingly we have a policy of removing User Submissions that violate copyright law, suspending access to the website and supporting services (or any portion thereof) to any user who uses the website and supporting services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the website and services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and processing such claims in accordance with such law. If you believe a user of the website and supporting services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.

Right Foot Consulting Services Inc. c/o Copyright Infringement 254 Chapman Rd. Ste 209 Newark DE, 19702

Your written notice must (a) contain your physical or electronic signature, (b) identify the copyrighted work alleged to have been infringed, (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material, (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owners agent, or the law; (f) contain a statement that the information in the written notice is accurate, and (g) contain a statement under penalty of purjury, that you are authorized to act on behalf of the copyright owner. Please to not send notices or inquiries unrelated to alleged Copyright infringement to our designated copyright agent.

If you believe that your trademark is being used somewhere on the webite or supporting services in a way that constitutes trademark infringement, the owner or agent of the owner may notify us at info@rightfoot.consulting. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

Intellectual Property Rights

This website it's supporting services and all of their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audo, and the design, selection and arrangement thereof), are owned by Right Foot Consulting Services Inc, its licensord, or other providers of such material and are protected by United States and international copyfight, trademark, patent, trade secret, and other intellectual property or property rights laws.

These terms of use grant you a personal, non-exclusive, non-transferable, revokable licence to access and use the website and its supporting services. You may access the matrial on the sites only for your personal use. You must not reproduce, modify, distribute, create derivative works of, publicly display, publicly perform, republish, download, or store or transmit any of the material on our website, except as incidental to normal web browsing and use of publishing services provided by the website, such as the making of temporary copys in RAM or the cache of your Internet browser, and for features to the sites that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the website and supporting services.

With respect to any mobile application developed now or at a later date in support of this website, you may download a single copy to each of your mobile devices solely for your own personal use, provided you agree to be bound by this agreement.

You must not:

Any use of this website not expressly permitted by these terms of use, is a breach of these terms of use and may violate copyright, trademark, and other laws.

Termination of This Agreement

You may end your legal agreement with Right Foot Consulting Services Inc at any time by deactivating your accounts and discontinuing your use of the website and supporting services.

We may suspend or terminate your account or cease providing you with all or part of the services and features provided by this website for any or not reason, including but not limited to, if we reasonably believe (1) you have violated these terms of use, or other website policies; (2) you create risk or possible legal exposure for us; (3) your account may be removed due to prolonged inactivity; or (4) our provision of the services and features this website provides to you is no longer commercially viable. We will make reasonable efforts to notify you either by the email address associated with your account with us, or by public notice on our website depending on the circumstances. In all such cases this agreement shall terminate including your license to use the services and features provided by this website.

Financial Transactions and Charges for Services

We may charge for access to portions of this websites or its supporting services in whole or in part. We reserve the right at any time to change the amount we charge for such access or subscriptions that include authorization to access the website and supporting services in whole or in part. Therefore your access to some of the website's content, features and services may be limited depending on whether you have purchased a subscription. In such event, we will notifiy you in advance, and give you an opportunity to subscribe (or un-subscribe) to the websites or services. You shall pay all applicable taxes related to any subscription or fees charged. Any additional terms of sale or terms of subscription are hereby incorporated by reference and govern the purchase of subscriptions and the application of other fees through this website and it's supporting services.

Any money we collect, is from fees, subscriptions and charges for use of the services that are provided through this website. Any products that you may purchase from the artists who advertise here, are sold to you by the artists themselves. All fees, subscriptions and charges collected by this website are non-refundable. We do not warrant the satisfactory fulfillment of any agreement or promise made to you by another party using this website.

If a customer has a dispute with an artist, or an artist has a dispute with a customer, we agree to supply whatever contact information we may collect to your designated attorney in order to help you prosecute that dispute. Beyond supplying your attorney with the aforementioned basic contact information, you agree that this Website's obligation to you has been fulfilled at the moment the convenience was provided and not on satisfactory fulfillment of an order made through this website, or customer artist dispute resolution.

As a convenience to our artists we establish a general framework for the conduct of commerce through our site via our site policies and these Terms of Service. You agree to be bound by the terms and conditions established by these Terms of Service in all transactions between the parties, that may originate through the use of this website.

Governing Law For Transactions

Artists and Customers who use this site agree that any dispute they have with this website shall be governed by the laws of the State of Delaware in the United States of America. Customers agree that with respect to any dispute they have with an artist, that the governing law shall be that of the artists nexus of operation.

Artists must operate within the boundaries of the United States of America.

Customers agree that all transactions conducted between customer and artist shall be construed as to have been conducted within the United States of America regardless of where in the world the customers may have been when originating the transaction.

Artists agree to only ship to addresses within the United States of America. Customers may not receive shipments from artists outside of the United States of America.

Binding Arbitration

Any controversy or claim arising out of or relating to this agreement, the relationship resulting in or from this agreement, or any agreement that originates between customer and artist on this website, or breach of any duties hereunder will be settled by Arbitration in accordance with the Arbitration Rules of the U. S. Arbitration & Mediation (“USA&M”) which may be found at www.usam.com.

All hearings will be held in Newark, Delaware, United States of America, or via remote meeting using a remote meeting tool such as Zoom, Webex or Google Meet. All hearings shall be before an Arbitrator who is a licensed attorney with at least 15 years of experience. Any arbitration meeting conducted by remote means shall be construed so as to have been conducted in Newark, Delaware, United States of America. A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction. The Federal Arbitration Act (Title 9 U.S.Code Section 1 et. seq.) shall govern all arbitration and confirmation proceedings.

As a condition precedent to the filing of an arbitration claim, the parties agree to first mediate any claims between them at USA&M. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The parties will share the cost of mediation equally.

Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving party’s right to compel arbitration of any dispute.

The parties agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them.

Lawful use of This Website

All parties agree to use this website in accordance with all applicable laws and that failure to do so, is a gross violation of the terms of this agreement.

Limitation of Liability

This website and it's owner shall not be liable for any loss of profit or revenue by any party. Neither shall this website be liable for any personal injury or death caused by any product or service procured from an artist through an arangement established by using this website, nor by any injury caused by a customer.

This website and it's owner shall not be liable for any fraud perpetrated between customer and artist. We will however reserve the right to take steps to prevent such fraud which may include tracking personal information, supplying information to law enforcement, supplying information to a competent attorney seekng legal remedy on behalf of a client, and banning artists or customers from any use of the website.

This website and it's owner shall not be liable for any defamatory, or hate speech perpetrated by an artist or customer. However, such speech is a violation of the terms of this agreement and constitutes cause for immediate and permanent banning of further use of this website. Speech in this context shall include written communication as well as the spoken word.

This website may make use of the services of a competent merchant of record to facilitate online purchases. The merchant of record may provide the ability to automatically address the collection and remittance of sales taxes. Any purchase made through a merchant of record constitutes a business arrangement between customer and the merchant of record. Any personal information supplied to the merchant of record or other third party payment processor such as credit card information or other sensitive personal information will be subject to the privacy terms of said merchant of record or payment processor.

This website shall not be responsible for the collection of sales taxes, nor for the protection of sensitive data supplied to any merchant of record or other payment processor integrated with this site.

Artists are responsible for ensuring that they collect and remit any applicable sales taxes either directly or through a merchant of record. Failure to do so is unlawful.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNERS OR THIS WEBSITE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) USE OF THE SITE; (2) ERRORS, MISTAKES, OR INNACURACIES OF CONTENT; (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE; (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (5) ANY INTERRUPTAION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (7) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR ANY SITE TO WHICH IT IS CONNECTED OR WITH WHICH IT IS INTEGRATED, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (8) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR OUR PRIVACY POLICY DESPITE THE ABOVE, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST US WILL AT ALL TIMES BE LIMITED TO NO MORE THAN ONE HUNDRED DOLLARS ($100.00).

Changes to This Agreement

We may revise these terms of service and terms of use from time to time. The changes will not be retroactive, and the most current version of this agreement which will always be available by direct link from the home page of this website, will govern our relationshipt with you. We are not obligated to notify you of changes to this agreement, however the date that this agreemet or any of it's revisions is published will be directly visible from the home page of this website. By continuing to access or use this website and its features and services after those revisions become effective, you agree to be bound by the current terms of use.