Effective December 20, 2022
PLEASE READ THESE MY HAND MY CAUSE TERMS AND CONDITIONS (“Terms”) CAREFULLY BEFORE VIEWING, USING, OR ACCESSING THIS WEBSITE (“Website”)
www.myhandmycause.com (the “Website”) is operated by My Hand My Cause, Inc. (“MY HAND MY CAUSE,” “we,” “us,” “our,” and “company”). You can contact us via email at https://www.myhandmycause.com/#contact. Our corporate mailing address is 1335 Conant Street, Dallas, Texas 75207.
You may send us questions, comments, concerns, or suggestions relating to our website. If you do, you agree that such content is not given in confidence, that we are not obliged to keep such content a secret, and we are not obligated to responds.
Acceptance of Terms for This Website
MY HAND MY CAUSE PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN MY HAND MY CAUSE AND YOU, AND YOU ACCEPT THEM BY: (a) USING THE WEBSITE IN ANY MANNER; (b) PURCHASING ANY OF OUR SERVICES OR PRODUCTS AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. IN CONSIDERATION OF YOUR USE OF THE PRODUCTS AND/OR SERVICE, YOU REPRESENT THAT YOU ARE NOT A MINOR IN ANY JURISDICTION, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT AND ARE NOT A PERSON BARRED FROM RECEIVING PRODUCTS AND/OR SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ALL AGREEMENTS INCORPORATED BY REFERENCE.
OUR TERMS MAY BE UPDATED BY US FROM TIME TO TIME OR PERIODICALLY. WE ARE NOT OBLIGATED OR REQUIRED TO PROVIDE NOTICE TO YOU OF WHEN THESE UPDATES WILL OCCUR. WE ADVISE ALL VISITORS OF OUR WEBSITE TO PERIODICALLY REVIEW OUR TERMS TO REMAIN FULLY UPDATED ON OUR COMPANIES PROCEDURES. OUR UPDATES AND CHANGES WILL BE MADE TO ENSURE THE CONTENT ON OUR WEBSITE IS IN ITS MOST ACCURATE FASHION. WE CANNOT MAKE GUARANTEES ON WHEN AND HOW OFTEN THESE UPDATES WILL BE MADE.
YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PERSONS WHO ACCESS OUR WEBSITE THOUGH YOUR INTERNET CONNECTION ARE AWARE OF THESE TERMS AND OTHER APPLICABLE TERMS AND CONDITIONS.
CONDITIONS OF USE AND ACCESS
- ACCEPTABLE USE POLICY
- Services. MY HAND MY CAUSE provides Internet-based services through the Website. One such service enables user to purchase products for personal, non-commercial use, including without limitation photographs of the hands of celebrities (collectively, the “Products”). All provisions of these terms and conditions are hereby incorporated by reference in any purchase of the Products. Subject to the authority of officers of MY HAND MY CAUSE to contractually agree to the contrary as provided herein, to the extent any provisions of the purchase conflicts with the provisions of these Terms, these Terms shall control.
- Excluded Services. MY HAND MY CAUSE only provides Products to you directly, not your subsidiaries or affiliates. MY HAND MY CAUSE will not support Products not provisioned and sold by MY HAND MY CAUSE. Custom or third party Products not sold or furnished by MY HAND MY CAUSE are not included in the services to be provided by MY HAND MY CAUSE.
- INTELLECTUAL PROPERTY RIGHTS
- Title. Title to (i) the Website, including all materials, content, and arrangements, and (ii) the Products, including all copies thereof, shall be in and remain with MY HAND MY CAUSE or its third-party licensors. The parties agree that all designs, product improvements, and modifications to the Products and documentation conceived of or made by MY HAND MY CAUSE that are based, either in whole or in part, on Your feedback, suggestions, or recommended improvements, are the exclusive property of MY HAND MY CAUSE, and all rights, title and interest in and to any such design, product improvement, or modification to the Products and documentation will vest solely in MY HAND MY CAUSE.
- Prohibition on Reverse Engineering. You agree that you will not (nor shall you permit anyone else to) “unlock”, decompile, reverse engineer, disassemble, or otherwise translate the binary or object code versions of the Website to human-perceivable form nor permit any person or entity under its control to do so.
- Reservation of Rights. MY HAND MY CAUSE claims and reserves all rights and benefits afforded under federal and international copyright laws. Any right not expressly granted to you by your purchase of Products from MY HAND MY CAUSE is hereby expressly reserved by MY HAND MY CAUSE. Nothing in these Terms shall be deemed to authorize you to use any copyright, name, trademark, service mark, or patent or other intellectual property right of MY HAND MY CAUSE.
If you wish to make purchases on the Website, you may be asked to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide for purposes of making purchases will be accurate, complete and current. MY HAND MY CAUSE sets its own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by credit card or other payment mechanism at the prices in effect when such charges are incurred. You shall be responsible for paying any applicable taxes relating to purchases on the Website. You acknowledge and agree that MY HAND MY CAUSE cannot guarantee the security of your credit card or other payment mechanism information used to make purchases on the Website. Purchasing Products from MY HAND MY CAUSE for the purpose of resale is prohibited.
- SUSPENSION OR WITHDRAWAL OF OUR WEBSITE
We can not and do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Website for business or operational reasons. We will always do our best to inform you or give reasonable notice of any suspension or withdrawal. We do not represent that content available on or through our Website is appropriate for use or available in your location. Please note restrictions may apply based on jurisdiction.
- GOVERNING LAW
You acknowledge and agree that these Terms are made under, will be governed by and construed in accordance with the laws of the State of Texas without regard to its choice of law rules. You acknowledge and agree that all actions and proceedings arising directly or indirectly from these Terms shall be exclusively litigated in courts (state or federal) serving Dallas County, Texas, and you expressly submit and consent to the jurisdiction and venue of such courts and waives any defense of forum non-conveniens.
- NO THIRD-PARTY BENEFICIARIES
The Products and services provided to you under these Terms are provided solely for the benefit of you. These Terms and the services provided hereunder are not intended to create any rights for or to confer any rights upon any third party.
- NO WAIVER
No term or provision contained in these Terms shall be deemed waived unless such waiver shall be in writing and signed by MY HAND MY CAUSE.
- EQUITABLE RELIEF
Notwithstanding anything contained in these Terms, the parties shall be entitled to seek injunctive or other equitable relief whenever the facts or circumstances would permit a party to seek such equitable relief in a court of competent jurisdiction. The parties agree and acknowledge that any breach of Section 4 (Intellectual Property Rights) or Section 5 (Purchases) may cause immediate and irreparable injury to the non-breaching party, and monetary damages shall be inadequate to compensate for such breach.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, REGARDLESS OF HOW ARISING, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE, AND REGARDLESS OF WHETHER ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE, OR INTERRUPTION OF BUSINESS, OR OTHER ECONOMIC LOSS RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES (E) ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY RESULT FROM THE USE OF ANY OF THE PRODUCTS OR (F) YOUR USE OF THE WEBSITE.
MY HAND MY CAUSE AGGREGATE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OR ANY AGREEMENT, FOR ANY CLAIM, WHETHER IN CONTRACT (INCLUDING BREACH OF WARRANTY) OR IN TORT (INCLUDING NEGLIGENCE) SHALL BE LIMITED TO 100% OF THE AMOUNT PAID BY FOR THE PRODUCTS FROM THE WEBSITE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS
- You are responsible for all actions taken or caused to be taken arising from, related to, or connected with your use of the Website, Products and services. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MY HAND MY CAUSE, MY HAND MY CAUSE’S AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS’ FEES) UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND/OR THE PRODUCTS, YOUR BREACH OF THESE TERMS AND/OR YOUR USE OF ANY THIRD-PARTY SITE, SERVICE AND/OR PRODUCT.
- MY HAND MY CAUSE shall have control of the defense of any such claim, including appeals from any judgment thereon and any negotiations for the settlement or compromise thereof, with full authority to enter into a binding settlement or compromise. If a third-party’s claim substantially interferes with your use of the Products and the foregoing indemnity obligation is triggered, MY HAND MY CAUSE may, at its sole discretion: (i) replace the Products, without additional charge, with a functionally equivalent and non-infringing product; (ii) modify the Products to avoid the infringement; or (iii) obtain a license for you to continue use of the Products and pay any additional fee required for such license.
- MY HAND MY CAUSE shall have no liability to you under this Section with respect to any infringement or claim thereof that is caused by (i) the use of the Products in a manner for which it was neither designed nor contemplated, or (ii) any unauthorized modification of the Products or combination of the Products with any other product that causes the Products thereof to become infringing.
- MY HAND MY CAUSE’s liability for indemnification under this Section shall be limited to 100% of the amount paid by you for the Products from the Website. This Section states MY HAND MY CAUSE’s entire liability and your sole and exclusive remedy with respect to infringements of copyrights and patents by the Products, the Website or any component thereof.
- DISPUTE RESOLUTION
- Voluntary, Non-Binding Mediation. The parties may, but shall not be obligated to, mutually agree in writing to submit the dispute to non-binding mediation. Mediation must occur within ten (10) business days after the parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one (1) business day. The parties mutually shall select an independent mediator experienced in retail e-commerce disputes, and each shall designate a representative(s) with full negotiation and settlement authority to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation shall be left to the discretion of the mediator and the designated party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other party.
- Continued Performance. Except where clearly prevented by the area in dispute, both parties shall continue performing their obligations under these Terms while the dispute is being resolved under this Section unless and until the dispute is resolved or until the agreement is terminated as provided herein.
The amounts depicted for printing, packaging, photography, and expenses are estimates only. These amounts are illustrative and do not purport to reflect the actual printing, packaging, photography, and expenses associated with your purchase of a print. My Hand My Cause makes no representation or warranty and assumes no responsibility for the accuracy of the printing, packaging, photography, and operational expenses amounts shown. Please note these costs may increase or decrease based on the actual costs associated with printing and packaging a life size fine art archival print to your location. However, regardless of actual printing, packaging, photography, and expenses, $75 of the proceeds from the sale of each $105 print will be donated to the charity chosen by, and associated with, such celebrity.