Terms of service

Terms of Service

Last Updated: May 26, 2025

1. INTRODUCTION

Welcome to Native Arts 360 - Arts 360 ("we," "our," or "us"). By accessing or using our website at https://arts360.nativearts360.org/ (the "Site") and the services, features, content, applications, or products offered by Native Arts 360 - Arts 360 (collectively with the Site, the "Services"), or by placing an order through our Services, you agree to be bound by these Terms of Service.

These Terms of Service constitute a legally binding agreement between you and Native Arts 360 - Arts 360. Please read these Terms carefully. If you do not agree with these Terms of Service, please do not access or use our Services.

We reserve the right to change, modify, add, or remove portions of these Terms at any time. We will provide notice of such changes by posting the updated Terms on the Site and updating the "Last Updated" date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

2. PRODUCTS AND SERVICES

2.1 Print-on-Demand Products

Native Arts 360 - Arts 360 offers custom print-on-demand products. All products displayed on our Site are created only when ordered and are specially manufactured for each customer through our fulfillment partner, Printful.

2.2 Product Descriptions and Images

We make every effort to display our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color or design will be accurate. Product images are for illustrative purposes only and may vary from the actual product.

2.3 Product Availability

All products are subject to availability. We reserve the right to discontinue any product at any time.

3. ORDERS AND PAYMENT

3.1 Order Acceptance

Your order constitutes an offer to purchase our products. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or problems identified by our payment processing team.

3.2 Pricing

All prices are shown in US dollars and are subject to change without notice. Prices do not include applicable taxes, shipping, and handling charges, which will be added to your order total.

3.3 Payment Methods

We accept payment through credit card, debit card, and PayPal. By submitting your payment information, you represent and warrant that you have the legal right to use any payment method(s) you utilize.

3.4 Order Cancellation

Once an order is placed, it immediately enters the production queue and cannot be canceled, modified, or refunded. This is due to the custom nature of our print-on-demand products.

4. SHIPPING AND DELIVERY

4.1 Shipping Methods and Timeframes

We ship to most countries through our fulfillment partner, Printful. Estimated shipping times are provided on our Site but are not guaranteed. Shipping and handling times vary based on product type and destination.

4.2 Production Time

Our print-on-demand items require a minimum of 10-14 business days to produce before shipping. This production time is in addition to the delivery time.

4.3 Shipping Risks

Title and risk of loss for all products pass to you upon delivery of the products to the carrier.

5. RETURN AND REFUND POLICY

5.1 No Returns for Change of Mind

Due to the custom-made nature of our print-on-demand products, we do not accept returns or exchanges for change of mind, incorrect size selection, or color preference.

5.2 Defective or Damaged Items

If your product arrives damaged or defective, please contact us within 14 days of receipt with photos of the issue. We will evaluate each claim individually and may offer a replacement or refund at our discretion. Please see our separate Return & Refund Policy for more details.

6. INTELLECTUAL PROPERTY

6.1 Our Intellectual Property

All content included on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Native Arts 360 - Arts 360 or its suppliers and protected by copyright and other intellectual property laws.

6.2 Artist Content and Copyright Ownership

All designs and artwork created by our partnered artists or independent designers remain the intellectual property of those artists. The copyright for these original designs stays with the artists who produced them.

6.3 Customer Content

By uploading designs, artwork, or other content to our Site for printing on products, you represent and warrant that:

  • You own all rights to the content or are authorized to use and permit us to use the content
  • The content does not infringe upon any third-party rights, including intellectual property rights
  • The content does not contain any illegal, obscene, threatening, defamatory, or otherwise objectionable material

6.4 License to Use Customer Content

By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of producing and fulfilling your order. This license does not transfer ownership of your content to us.

7. USER ACCOUNTS

7.1 Account Creation

You may need to create an account to use certain features of our Services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

7.2 Account Termination

We reserve the right to terminate or suspend your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms of Service or is harmful to other users, us, or third parties, or for any other reason.

8. PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws or regulations
  • Infringing on the intellectual property rights of others
  • Submitting content that is offensive, illegal, or violates the rights of others
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site
  • Using the Site for any purpose that is unlawful or prohibited by these Terms

9. DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE PRODUCTS, SERVICES, OR THE SITE.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NATIVE ARTS 360 - ARTS 360 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES.

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

11. INDEMNIFICATION

You agree to indemnify and hold us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of our Services, your violation of these Terms of Service, or your violation of any law or the rights of a third party.

12. THIRD-PARTY SERVICES

Our Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

13. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

14. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Washington State, USA, without regard to its conflict of law provisions.

15. DISPUTE RESOLUTION

15.1 Informal Resolution

If you have any concerns or disputes about our Services, you agree to first try to resolve the dispute informally by contacting us at info@nativearts360.org. We'll attempt to resolve any issues through informal discussion and mutual agreement.

15.2 Small Claims Court

Either party may bring an individual action in small claims court if the dispute qualifies for jurisdiction in such court and the matter is not resolved through informal discussions.

15.3 Formal Dispute Resolution

If a dispute is not resolved through informal discussion or small claims court, either party may initiate formal proceedings. Any formal legal action arising from these Terms must be filed in and adjudicated by the appropriate courts of Whatcom County, Washington, and you consent to the exclusive jurisdiction of those courts for any such proceedings.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Native Arts 360 - Arts 360 regarding the use of the Services, superseding any prior agreements between you and Native Arts 360 - Arts 360 relating to your use of the Services.

17. CONTACT INFORMATION

For questions about these Terms of Service, please contact us at: