Terms of Service
1. Introduction
Welcome to Living Artist Emporium (“LAE”, “we”, “our”, “us”)! These Terms of Service govern your use of our website located at livingartistemporium.co.za (the “Service”). Your agreement with us includes these Terms and our Privacy Policy. By accessing or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these agreements. If you do not agree, please do not use the Service and contact us at info@laejhb.co.za.
2. Communications
By creating an account or using our Service, you agree to receive newsletters, marketing materials, and promotional updates. You can opt out of these communications at any time by clicking the unsubscribe link or emailing info@laejhb.co.za.
3. Purchases & Payments
  • Accurate Information: You must provide current, complete, and accurate purchase, billing, and shipping information.
  • Payment Authorization: You warrant that you have the legal right to use any credit card or payment method provided.
  • Third-Party Processing: We use secure third-party payment processors to handle transactions safely.
  • Order Cancellation: We reserve the right to refuse or cancel orders due to product unavailability, pricing errors, or suspected unauthorized or fraudulent transactions.
4. Promotions
Any contests, sweepstakes, or promotions made available through the Service may be governed by specific rules separate from these Terms. If promotion rules conflict with these Terms, the promotion rules will take precedence.
5. Refunds
We offer refunds for purchase contracts within 15 days of the original transaction date.
6. Content Ownership
All original content, text, graphics, artwork, images, and media found on this Service are the intellectual property of Living Artist Emporium or used with permission. You may not copy, modify, distribute, or use our content for commercial purposes without explicit advance written consent from us.
7. Prohibited Uses
You may use our platform only for lawful purposes. You agree not to:
  • Violate any local, national, or international laws or regulations.
  • Harm, exploit, or expose minors to inappropriate content.
  • Send or look to procure spam, junk mail, chain letters, or unsolicited advertising.
  • Impersonate LAE, an LAE employee, or another user.
  • Engage in fraudulent, harmful, or illegal activities.
  • Introduce viruses, Trojan horses, worms, logic bombs, or malicious code.
  • Use automated scrapers, bots, or spiders to access or copy website materials.
  • Overburden, damage, or disable the website infrastructure.
8. Analytics
We reserve the right to utilize trusted third-party service providers to monitor, track, and analyze traffic and usage patterns across our Service.
9. Age Restrictions
Our Service is intended exclusively for individuals who are at least 18 years old. By using this website, you represent and warrant that you meet this age requirement and have the full capacity to enter into this agreement.
10. Account Security
  • Information Accuracy: You guarantee that your account profile details are accurate, complete, and current at all times.
  • Credential Protection: You are solely responsible for keeping your login credentials, password, and computer access secure and private.
  • Immediate Notification: You must report any suspected security breaches or unauthorized account usage to us immediately.
  • Username Restrictions: You may not choose usernames that are offensive, vulgar, obscene, or infringe upon the trademark rights of another entity.
  • Account Rights: We reserve the absolute right to refuse service, terminate accounts, or edit content at our discretion.
11. Intellectual Property
The Living Artist Emporium platform, original features, brand name, and corporate logos are the exclusive property of LAE and its licensors. Our trademarks and trade dress may not be used in connection with any external product or service without our prior written consent.
12. Copyright Policy
We respect intellectual property rights and respond swiftly to notices of copyright infringement. If you believe any content on our platform violates your copyright, please report it to us by emailing info@laejhb.co.za with the subject line “Copyright Infringement”.
Please note: You may be held liable for damages, including legal fees, if you make bad-faith or fraudulent copyright claims.
13. DMCA Notice Procedure
To file an official copyright claim under the Digital Millennium Copyright Act (DMCA), please email our Copyright Agent at info@laejhb.co.za with a written message containing:
  • Your physical or electronic signature.
  • A description and the exact URL of the copyrighted work being infringed.
  • The specific URL on our website where the infringing material is located.
  • Your current address, telephone number, and email address.
  • A statement made under penalty of perjury that the information provided is completely accurate and that you are the authorized copyright holder.
14. Error Reporting & Feedback
We welcome your suggestions, ideas, and error reports at info@laejhb.co.za. By submitting feedback, you agree that:
  • Your feedback does not contain confidential information.
  • LAE is not bound by any confidentiality obligations regarding the input.
  • LAE receives an exclusive, permanent, royalty-free, and unrestricted right to use, modify, distribute, or commercialize your ideas without compensation.
15. Links to External Websites
Our platform may feature links to third-party websites or services that are not owned or controlled by LAE.
  • No Control: We assume no responsibility for the content, privacy rules, or reliability of external web platforms.
  • Liability Excluded: LAE is not responsible or liable for any damage or loss caused by your reliance on third-party products, services, or online content.
  • Recommendation: We strongly advise reading the terms and policies of any external website you visit.
16. Disclaimer of Warranty
  • As-Is Basis: Our platform and all items purchased through it are provided strictly on an “as-is” and “as-available” basis.
  • At Your Own Risk: Your use of our website, digital content, or gallery products is entirely at your own risk.
  • No Guarantees: LAE explicitly disclaims all warranties of any kind—whether express, statutory, or implied—including any warranties of merchantability, accuracy, fitness for a specific purpose, or non-infringement.
  • Service Quality: We do not guarantee that the platform will operate error-free, uninterrupted, or entirely secure from digital viruses.
17. Limitation of Liability
  • Holding Harmless: Except where prohibited by law, you agree to hold LAE, our directors, employees, and agents harmless against any indirect, punitive, or consequential damages arising from this agreement.
  • Liability Cap: If legal liability is established against LAE, our total financial liability to you will be strictly capped at the exact amount you paid us for the specific product or service in question.
18. Termination
  • Account Suspension: We reserve the right to suspend your profile or block website access immediately, without prior notice, if you breach these terms or engage in illegal behavior.
  • User Cancellation: You may terminate your relationship with us at any time by simply closing or discontinuing the use of your account.
  • Surviving Clauses: All core rules regarding ownership rights, warranty disclaimers, indemnity, and liability restrictions remain active even after your account is closed.
19. Governing Law
  • Jurisdiction: These Terms are governed by and construed in accordance with the laws of South Africa.
  • Non-Waiver: If we delay or fail to enforce any right or provision in these Terms, it does not mean we waive that right.
  • Entire Agreement: These Terms constitute the complete agreement between you and LAE regarding our Service, overriding all prior agreements.
20. Changes to the Service
  • Modifications: We reserve the right to withdraw, change, or restrict access to any part of our website or services at our sole discretion without prior notice.
  • Uptime Liability: We will not be liable if all or any part of the website is unavailable at any time or for any period.
21. Amendments to Terms
  • Periodic Updates: We may update these Terms at any time by posting the revised version directly on this website.
  • Your Responsibility: It is your responsibility to review this page periodically for updates.
  • Acceptance: Continuing to use our website after changes are posted means you accept and agree to the newly modified Terms.
22. Waiver & Severability
  • Enforcement Rights: If we do not immediately act on a breach of these Terms, it does not prevent us from enforcing our rights or addressing similar breaches in the future.
  • Severability: If a South African court finds any provision of these Terms invalid or unenforceable, that specific rule will be removed or limited, while all remaining rules will continue in full force.
23. Acknowledgement
  • Binding Agreement: By accessing, browsing, or purchasing items through our Service, you acknowledge that you have read these Terms of Service and agree to be fully bound by them.
24. Contact Us
For any feedback, legal inquiries, comments, or requests for technical support, please contact us directly via email at info@laejhb.co.za.
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