Last modified 11/16/2022

Welcome to Thi Doan Art LLC. Please read these Terms carefully. By using any or all of the Site, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Site. I may modify these Terms from time to time. Any modifications will be effective immediately when I post them. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and “Thi Doan Art LLC” (“Thi Doan Art LLC,” “Thi Doan Art,” “we,” “us,” “our,” “I,” or “me”), concerning your access to and use of the https://www.thidoanart.com website as well as any other media form, media channel, email or newsletter subscription, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Thi Doan Art LLC is registered in Oregon, United STates. IF YOU DO NOT AGREE WITH ALL OF THESES TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.Please ensure that you check the applicable Terms every time you use our Site that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.The most current version of the Terms will supersede all previous versions. Thi Doan Art LLC encourages you to periodically review the Terms to stay informed of our updates. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

GENERAL DISCLAIMER 

This Site provides the information on these pages as a public service for informational purposes only. Information contained in these pages is not intended to be, and should not be taken as, advice. All information provided through this website, email subscription, and social media are provided "as-is, where-is" and without any warranties of any kind, including the warranties of merchantability or fitness for a particular purpose. Your use of this website does not constitute or establish a contractual relationship with Thi Doan Art LLC. However, you may subscribe to certain services through this website, in which case you agree to Thi Doan Art LLC Terms and Conditions

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use this Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Thi Doan Art LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair Thi Doan Art LLC or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

LICENSE TO USE WEBSITE

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below. 

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or otherwise sub-license material on the website;

(c) reproduce, duplicate, copy or otherwise exploit material on my website for a commercial purpose;

(d) edit or otherwise modify any material on the website; or

(e) redistribute material from this website except for content specifically and expressly made available for redistribution (such as my newsletter)

RIGHTS TO ARTWORK AND IMAGES

All artwork and images of artwork by Thi Doan Art LLC are the sole property of Thi Doan Art LLC and may not be used by any third party without written permission.  

Copying or reproducing artwork created by Thi Doan (as seen on https://www.thidoanart.com, the Site, or elsewhere) is strictly prohibited without written permission from the artist.  

• Thi Doan Art LLC retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business.  

• Thi Doan Art LLC retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.   

• Thi Doan Art LLC retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Thi Doan UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.

Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork. 

Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artist's name).

All other uses must be agreed to in advance in writing. Any unauthorized use, dissemination, reproduction, or copying of these terms or any content on the Sites will be prosecuted to the fullest extent of the law.

THIRD PARTY RIGHTS

Content and materials posted to this Site may be the copyrighted content of others (“Third Party Content”) that is used by Thi Doan Art LLC either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as criticism, comment, news reporting, teaching, education and research. I respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on one or more of the Site in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide me with the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf. 

THIRD PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISEMENTS AND LINKS

I may include advertisements on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not mine.

You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by the Thi Doan Art LLC of the contents on such third-party sites. I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that the Creative Law Shop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.  

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS

Visiting thidoanart.com or sending emails to Thi Doan Art LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

LINKING TO THE SITES

Anyone linking to the Sites must comply with all applicable laws and should not: (i) misrepresent its relationship with the Thi Doan Art LLC; (ii) present false or misleading information about Thi Doan Art LLC; or (iii) contain content that is reasonably considered profanity, defamatory, vulgar, offensive, or unlawful.

USER REPRESENTATIONS 

By using the Site, you represent and warrant that:

(1) you have the legal capacity and you agree to comply with these Terms of Use;

(2) you are not under the age of 13;

(3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;

(4) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;

(5) you will not use the Site for any illegal or unauthorized purpose;

(6) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

(1) systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

(2) make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

(3) use a buying agent or purchasing agent to make purchases on the Site.

(4) use the Site to advertise or offer to sell goods and services.

(5) circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

(6) engage in unauthorized framing of or linking to the Site.

(7) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

(8) make improper use of our support services or submit false reports of abuse or misconduct.

(9) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

(10) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

(11) attempt to impersonate another user or person or use the username of another user.

(12) sell or otherwise transfer your profile.

(13) use any information obtained from the Site in order to harass, abuse, or harm another person.

(14) use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

(15) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

(16) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

(17) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

(18) delete the copyright or other proprietary rights notice from any Content.

(19) copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

(20) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

(21) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

(22) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

(23) except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site..

(24) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

(25) use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS 

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

(1) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

(2) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

(3) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

(4) your Contributions are not false, inaccurate, or misleading.

(5) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

(6) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

(7) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

(8) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

(9) your Contributions do not violate any applicable law, regulation, or rule.

(10) your Contributions do not violate the privacy or publicity rights of any third party.

(11) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

(12) your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

(13) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

(14) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTIONS

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, irrevocable, perectual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such distributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works, of or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. YOu waive all moral rights in your Contribution, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representation in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal actions against us regarding your Contributions.

We have the right, in our sole and absolute discretion, 1) to edit, redact, or otherwise change any Contributions; 2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and 3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Thi Doan Art LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Thi Doan Art LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

INTERNATIONAL USERS

The Service is controlled, operated and administered by Thi Doan Art LLC from our offices within the United States of America (USA). If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Thi Doan Art Content accessed through thidoanart.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: 

(1) monitor the Site for violations of these Terms of Use;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

INTERRUPTIONS

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER AND LIMITATION OF LIABILITY

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. THI DOAN ART LLC, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.

Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.

CHOICE OF LAW AND VENUE

These Terms are governed by  and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Portland, Oregon.

DISPUTE RESOLUTION 

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (Except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes “AAA Consumer Rules”) both of which are available at the AAA website www.adr.org. Your arbitration fees and you share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Washington County, Oregon. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Washington County, Orgon, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commerce more than one (1) year after the cause of action arose. If the provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within the portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceedings; (b), there is no right or authority of any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Dispute are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Thi Doan Art LLC, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any losses, costs, damage, liability, claim, demand, and expenses (including reasonable attorney's fees) relating to or arising out of: (1) your Contributions or any user postings made by you; (2) use of or inability to use the Site; (3) breach of these Terms of Use; (4) any breach of your representation and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other use of the site with whom you are connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

TERMINATION/ACCESS RESTRICTION

Thi Doan Art LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused beyond our reasonable control. If any provision or part of the provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto execute these Terms of Use.

CHANGES TO TERMS

Thi Doan Art LLC reserves the right, in its sole discretion, to change the Terms under which https://www.thidoanart.com is offered. The most current version of the Terms will supersede all previous versions. Thi Doan Art LLC encourages you to periodically review the Terms to stay informed of our updates.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. 

CONTACT DETAILS

You can contact me by using this “Contact” link also found at the footer of thidoanart.com website.