PH Terms of Service

Last Updated: June 4, 2019

PH Online, Inc., a wholly-owned subsidiary of Leaf Group Ltd. ("PH," "we," or "our"), offers a service allowing users to view, sell, and purchase original works of art, as well as commercially exploit digital images of art, through our website, www.PHart.com (the "Site"), or mobile application (the "Mobile Application"), along with any related services, software, tools, features, or functionality provided by PH (each referred to as a "Service," collectively as the "Services"). Please carefully review the following terms and conditions ("Terms"), along with our Privacy Policy available at www.PHart.com/privacy (the "Privacy Policy"). These Terms, the Privacy Policy, and any additional policies linked herein govern your use of and access to the Services, constituting a legally binding agreement between you and PH.

Certain areas of the Services, as well as access to specific Services, may have distinct terms and conditions posted or may necessitate your agreement with additional terms. In case of a conflict between these Terms and the terms and conditions specific to an area of the Services or access to certain Services, the latter shall prevail concerning your usage or access to that particular part of the Services.

PLEASE READ THESE TERMS CAREFULLY. They encompass an agreement to arbitrate, requiring you to resolve any dispute related to your Services usage through binding individual arbitration rather than court proceedings. If you wish to opt-out of the arbitration agreement, follow the procedures outlined in the "Agreement to Arbitrate" section below. The dispute resolution section also includes a class action waiver, requiring you to address any dispute individually rather than as part of a proposed class. Additionally, these Terms waive your rights to a trial by jury, regardless of your decision to arbitrate your claims.

By accessing or using the Services, selling or purchasing artwork through the Services, or posting any content on the Services, you acknowledge and agree that you have read, understand, and consent to be bound by these Terms, whether or not you have registered with the Services. If you do not agree to these Terms and the Privacy Policy, you have no right to access or use the Services.

If you accept or agree to these Terms on behalf of a company or another legal entity, you affirm that you have the authority to bind that entity to these Terms, and in such a case, references to "you" and "your" shall apply to that entity.

Modifications to these Terms

PH retains the right, at its sole discretion, to modify, discontinue, or terminate the Services or alter these Terms at any time without prior notice. If there are modifications, we will post them on the Services or provide notice to you, and we will update the "Last Updated Date." By continuing to use the Services after such modifications, you indicate your agreement to be bound by the revised Terms. If the modified Terms are unacceptable to you, your only recourse is to cease using the Services. We encourage you to regularly check for updates to these Terms.

Changes to the Services

We maintain the right to alter the URL, modify, discontinue, and restrict or block access to the Services without prior notice. Any Original Works of Art, Digital Works, PH Content, or Member Content may be modified, removed, or taken down from the Services at any time without notice, including the removal of content deemed obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Periodically, the Services may contain information with typographical errors, inaccuracies, or omissions. We reserve the right to correct such errors, inaccuracies, or omissions and to change or update information without prior notice. While we have no obligation to update, amend, or clarify information on the Services, we will do so as required by applicable laws. The absence of a specified update or refresh date should not be interpreted as an indication that all information on the Services has been modified or updated.

Eligibility

The Services are exclusively intended for individuals aged 18 or older. Access to or use of the Services by anyone under 18 is explicitly prohibited. By accessing or using the Services, you affirm and guarantee that you are 18 or older.

Account Registration

To list a work on the Services or make a purchase (excluding users utilizing the guest checkout option), you must create an account ("Account") through our registration process. During registration, you must provide specific information and establish a username and password. Upon completion, you become a "Member." You agree to provide accurate, current, and complete information during registration and to update it as needed. PH retains the right to suspend or terminate your Account if provided information is inaccurate, outdated, or incomplete. Safeguarding your password is your responsibility, and you agree not to disclose it to any third party. You are solely responsible for activities under your Account and must promptly notify PH of any unauthorized use.

Privacy

For details and notifications regarding PH's collection and utilization of your personal information, refer to PH’s Privacy Policy at www.PHart.com/privacy.

Seller Terms and Conditions

Listing Works on the Services

As a Member, you can submit listings for original works of art ("Original Works of Art") created by you and intended for sale through the Services. Listings for Original Works of Art by other artists are not allowed. Additionally, as a Member, you can submit listings for digital images of works of art ("Digital Works") created by you for commercial exploitation through the Services. Listings for Digital Works by other artists are not permitted. To have your listings accepted, you must provide PH with all requested information and comply with any other PH requirements. For sales listings, you may need to verify your identity by providing PH with a government-issued ID, tax identification, VAT ID, or similar documentation. Your listings must be accurate, complete, and adhere to PH’s current content guidelines available at www.PHart.com/guidelines. PH reserves the right to edit listings to ensure compliance with these guidelines. Please note that your listings may not be immediately searchable, and placement in search results depends on factors such as title, keywords, and price.

You acknowledge PH's right to promote and market Original Works of Art and/or Digital Works through sales and/or discounts. These discounts apply to the listing price of Original Works of Art and/or Printed Works (defined below) related to Digital Works. You retain the right to remove a listing for an Original Work of Art or Digital Work from the Services—refer to instructions below.

If you wish to remove a listing for an Original Work of Art or Digital Work from the Services, visit your account, click on the image to delete, and select "Delete," following the steps provided on that page.

Responsibility for Works

You acknowledge sole responsibility for all Original Works of Art and Digital Works you offer through the Services. Accordingly, you represent and warrant that: (i) for Original Works of Art, you are the creator and sole owner; (ii) for Digital Works, you are either the sole owner or possess all necessary rights, licenses, consents, and releases for PH's rights as per these Terms; and (iii) the availability and PH's use of Original Works of Art or Digital Works will not infringe on third-party rights or violate any applicable laws.

Online Sales

If you list Original Works of Art, you are selling them through the Services and third-party websites and sales channels (collectively "Online Sales"). By submitting listings, you grant PH a worldwide, transferable, nonexclusive right and license, with the right to sublicense, to:

Use, reproduce, distribute, publicly perform, and publicly display copies of the Original Works of Art sales via the Sales Channels.

Access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit, and broadcast copies of the Original Works of Art for promoting PH and the Services.

This license is granted on a royalty-free basis, with compensation in the form of the Artist Revenue Share, payable only upon the sale of an Original Work of Art via Online Sales.

For Digital Works, you grant PH a similar license for Online Sales and Offline Sales. This includes the right to use, modify, reproduce, distribute, publicly perform, and publicly display Digital Works. The compensation for this license is also the Artist Revenue Share, payable upon the sale of a Digital Work via Online Sales and Offline Sales. PH may appoint third-party subcontractors to facilitate order processing for Printed Works.

If Original Works of Art or Printed Works are sold via a third-party website, the terms and conditions of that website apply to the purchase. However, between you and PH, these Terms apply to the sale.

PH or its third-party service providers handle billing, shipping information collection, and payment processing for purchases via the Services. For third-party websites and Offline Sales, the responsible entity will handle these tasks and share relevant information with PH.

For Original Works of Art, PH provides purchaser details, and you, unless instructed otherwise, are responsible for direct shipping. If shipped via a PH preferred shipper, PH covers the shipping cost. If shipped independently, PH reimburses you up to the amount charged to the purchaser for shipping.

For Online Sales of Original Works of Art, PH credits your Account with the Artist Revenue Share following the return period's expiration. For third-party website sales, PH credits your Account after receiving payment and confirming successful delivery.

Compliance with PH's Return Policy is required for Original Works of Art sold through the Services.

For Online Sales and Offline Sales of Printed Works, PH credits your Account with the applicable Artist Revenue Share according to its standard pricing and revenue share terms.

You can request the Artist Revenue Share according to PH's payment schedule. Upon termination or Account cancellation, PH remits any remaining Artist Revenue Share balance to you.

If you remove a listing for a Digital Work, the license rights granted to PH will terminate, except for fulfilling ongoing orders. The promotional use of Digital Works by PH remains in effect as necessary for fulfilling promotional obligations.

Purchaser Terms and Conditions

Purchases of Original Works of Art

As a Member, you can buy Original Works of Art listed by other Members on the Services. When you make such a purchase through the Services, you are acquiring the work from the Member identified in the listing, not PH. Prices for Original Works of Art are specified on the relevant listing. Please note that these prices exclude shipping and handling charges (unless explicitly mentioned on the Site) and applicable Taxes (defined below). You are responsible for these additional charges, which will be clearly identified on your receipt. PH or its third-party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art, such as oversized works and sculptures, may incur extra shipping and handling charges, necessitating special arrangements. The Member listed for the Original Work of Art will directly ship the purchased item to you. The terms and conditions of PH’s current Return Policy apply to any Original Works of Art you buy through the Services. For Original Works of Art purchased through Online Sales channels (other than via the Services), the terms and conditions of the relevant Online Sales channels will be presented to you at the time of purchase.

Purchases of Printed Works

As a Member, you can purchase Printed Works listed by other Members on the Services. Prices for Printed Works are specified on the relevant listing. Please note that these prices exclude shipping and handling charges and applicable Taxes (defined below). You are responsible for these additional charges, which will be clearly identified on your receipt. When you purchase Printed Works through the Services, PH and its third-party service providers will collect your billing and shipping information, process your payment, and arrange for the Printed Works to be shipped directly to you. The terms and conditions of PH’s current Return Policy apply to any Printed Works you buy through the Services. For Printed Works purchased through Online Sales channels (other than via the Services) and Offline Sales, the terms and conditions of the relevant Online Sales and Offline Sales channels will be presented to you at the time of purchase.

Order Cancellations

PH retains the right to cancel any order for an Original Work of Art or Printed Work placed via the Services if, in its reasonable discretion, the item is mispriced, out of stock, discontinued, or otherwise unavailable at the listed price via the Services. In the event of such a cancellation, PH will send you an email confirmation, and you will not be charged for your order.

Terms for Both Sellers and Purchasers

Transaction Restrictions

If you are a Member who has listed an Original Work of Art or a Digital Work and another Member contacts you through the Services expressing interest in purchasing the mentioned work or a related custom piece, you may not independently sell that Original Work of Art or Digital Work to the inquiring Member. Similarly, if you are a Member seeking to purchase an Original Work of Art or Digital Work listed by another Member, or a similar work related to a listed art piece, you may not acquire it independently of PH and the Services. Violating this provision may lead to the termination of your Member account as an artist or buyer, along with any other remedies available to PH, including injunctive or other appropriate relief.

Taxes

All amounts mentioned in these Terms, such as prices, commissions, and fees, are in U.S. dollars and exclude any applicable Taxes (defined below). If you are a seller of Original Works of Art and/or Printed Works, PH will withhold required Taxes from the payments made to you. Sellers must complete appropriate Tax forms:

For U.S. artists, a W9 Tax Form is required for both Original Works of Art and Printed Works.

For artists outside the U.S., a W8BEN Tax Form is required for both Original Works of Art and Printed Works.

Additional Tax details can be found at PH's Support Page.

If you are a purchaser of Original Works of Art and/or Printed Works, Taxes, including VAT, will be added to the charged amounts when required. Both parties must comply with their obligations under applicable law regarding the collection and payment of any Taxes, including VAT. They should also provide necessary documentation or forms to enable compliance or to qualify for exemptions under applicable law.

Color

You acknowledge that PH endeavors to accurately display the colors of Original Works of Art, Digital Works, and Printed Works on the Services. However, due to variations in individual computer monitors, PH is not liable for color inaccuracies in displayed art.

Member Content

Apart from listing Original Works of Art and Digital Works, PH may allow Members to post content on designated areas of the Services (collectively, "Member Content"). PH does not claim ownership rights in Member Content. By making Member Content available, you grant PH a license to display, distribute, and transmit such content for promotional purposes. Other Members are granted the right to view your Member Content solely in connection with their authorized use of the Services. You retain all other rights to any Member Content you share on the Services. You are solely responsible for the Member Content you make available and represent that you have the necessary rights to do so without infringing third-party rights.

PH Content

PH provides text, graphics, audio, video, and images of works of art (collectively, "PH Content") through the Services. Some content is owned by PH ("PH-owned Content"), while others are licensed from third parties ("PH-licensed Content"). You are authorized to download, view, and print PH-owned Content for personal use when visiting the Services. The scope of rights for PH-licensed Content is as specified in the applicable license agreement, as identified on the Services. No implied licenses or rights are granted under any intellectual property owned by PH or its licensors, except those expressly granted in these Terms.

General Prohibitions

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

Post, upload, publish, submit, or transmit any material that:

Infringes on third-party intellectual property rights or violates privacy/publicity rights.

Violates any applicable laws, regulations, or may result in civil liability.

Is fraudulent, false, misleading, or deceptive.

Is defamatory, obscene, vulgar, offensive, or promotes discrimination or harm.

Is violent, threatening, or encourages violent actions.

Harms minors in any way.

Promotes illegal or harmful activities, products, or substances.

Use, display, mirror, or frame the Services, PH’s name, trademarks, logos, or proprietary information without PH’s express written consent.

Access non-public areas of the Services, PH’s computer systems, or network, or tamper with technical delivery systems.

Attempt to probe, scan, or test vulnerabilities in any PH system or network.

Circumvent technological measures protecting Services, PH Content, or Member Content.

Use automated tools (spiders, robots, crawlers, etc.) to access or download content unless provided by PH or generally available third-party web browsers.

Send unsolicited advertising, promotional materials, email, junk mail, spam, chain letters, or solicitations.

Use PH trademarks, logos, or product names without express written consent.

Use Services, PH Content, or Member Content for commercial purposes or for the benefit of third parties, not otherwise permitted by these Terms.

Forge TCP/IP packet headers, use false source-identifying information, or attempt to decipher, decompile, disassemble, or reverse engineer software.

Interfere with access, including sending viruses, overloading, flooding, spamming, or mail-bombing the Services.

Collect or store personally identifiable information from other users without their express permission.

Impersonate or misrepresent your affiliation with any person or entity.

Violate any applicable law or regulation.

Encourage or enable others to engage in any of the foregoing activities.

PH has the right to investigate and prosecute violations, involving law enforcement authorities if necessary. While PH is not obligated to monitor your access or use of the Services, it reserves the right to do so to ensure compliance with these Terms, applicable law, or a court/administrative order. PH may remove or disable access to any objectionable content or material at its sole discretion, without prior notice.

RESALE TERMS AND CONDITIONS

Next to every sold artwork, an option saying "Make an Offer" allows buyers to submit a bid. If the artist deletes the work from the site, it is no longer eligible for resale offers. Additional details about resale can be found in the resale FAQ.

Resellers

The resale option will be visible for all purchased artworks. If someone offers to buy an artwork you purchased through PH, we'll contact you via email with the offer and instructions on proceeding if you decide to sell. You have the choice to decline or accept the offer. If you accept, our team will guide you through the entire process.

Earnings: You will receive a share of the offer amount, net the artist’s resale payment (see below).

Shipping and Handling: You are responsible for packaging, labeling, and coordinating shipment. Sellers can also arrange pickup or drop-off with PH’s couriers. Delivery should match the artwork's online description or PH’s advisory team agreement.

Certificate of Authenticity: You must provide the original certificate of authenticity that came with the artwork.

Resale Buyers

For each sold artwork, find the "Make an Offer" option. Once you submit an offer, our curators will contact you. If accepted, we'll assist with payment and logistics.

Offer Process: No registration or payment info is required initially. The form collects your offer, personal message, and contact details.

Final Orders: Resale orders are final unless the artwork is damaged. Damaged art follows the standard refund process. Additional costs like shipping, customs/duties, and Taxes will be communicated before payment.

Payment: Upon confirmation, you'll need to provide payment information before purchase processing.

Declined Offers: If your offer is rejected, a curator may contact you to explore similar works or facilitate a commission by the same artist.

Discounts: Promotional discounts can't be applied to your offer.

Artists’ Resale Payment

If you're the original artist of a sold Original Work of Art, you'll receive a resale payment.

Notification: Artists are notified seven (7) days after the artwork's delivery to ensure buyer satisfaction.

Payment Availability: After the seven (7) days, the payment becomes available for payout, and artists receive an email notification.

ADDITIONAL TERMS AND CONDITIONS

Sweepstakes and Contests

PH may run sweepstakes and contests. Review the Official Rules for important details about PH's rights to submissions. If there's a conflict with these Terms, the Official Rules prevail.

PH’s Intellectual Property

The Services and PH Content are protected by copyright and trademark laws. PH and its licensors own all rights to the Services and PH Content. Do not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.

Copyright Policy

PH follows copyright law. Users who repeatedly infringe on copyright may be terminated. Refer to PH’s Copyright Policy at www.PHart.com/copyright for more information.

Links

The Services may feature links to third-party websites or resources. You acknowledge and agree that PH is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. PH's inclusion of links does not imply endorsement, and you assume all risk for using any such websites or resources.

Termination and Account Cancellation

If you violate these Terms, PH may suspend or disable your Account or terminate these Terms without notice. PH reserves the right to revoke your access to the Services, PH Content, and Member Content at any time. If PH terminates these Terms due to your breach, you remain liable for any amounts due. You can cancel your Account by emailing help@PHart.com.

Mobile Services and Applications

Mobile Services: Refers to software and services accessible via mobile devices, including data uploads, usage, and Mobile Applications downloaded from the Services.

Wireless Carriers: Accessing Mobile Services on a mobile device may incur standard charges, data rates, and other fees from your wireless carrier. Certain Mobile Services may be restricted by your carrier.

Notifications and Messages: By using Mobile Services, you agree to receive communications via SMS, MMS, or other electronic means. You may be contacted regarding PH and other entities. Update your Account promptly if you change your mobile number.

Mobile Application License: PH grants a limited, non-exclusive license to download, install, and use the Mobile Application for personal non-commercial use. The license for App Store Sourced Applications (e.g., from Apple) is subject to Apple’s terms.

App Stores: The availability of the Mobile Application depends on the third party providing the license, such as Apple or Android app stores. PH, not the App Store, is responsible for the Mobile Application, content, support, and compliance. You agree to pay App Store fees.

Accessing via Apple App Store: For Mobile Applications downloaded from the Apple App Store:

These Terms are between you and PH, not Apple.

PH is solely responsible for the App Store Sourced Application.

Apple has no obligation to provide support or address any claims.

In case of failure to conform to warranty, Apple may refund the purchase price, and PH assumes responsibility.

Apple is not responsible for claims or intellectual property infringement.

Apple and its subsidiaries are third-party beneficiaries of these Terms related to the App Store Sourced Application.

You must comply with all applicable third-party terms when using the App Store Sourced Application.

Fees

PH retains the right to impose fees for access to the Services or any part thereof. You will not be charged for Service access unless you agree in advance. You can cancel your Account anytime. You are responsible for all charges incurred through the Services at prevailing rates. Additionally, any applicable Taxes, including VAT, are your responsibility and not PH's.

Payments

When purchasing artworks or services via the Services, you may need to provide relevant information, including credit card details. You confirm the legal right to use provided payment means. Your information is handled per our Privacy Policy. You grant us the right to share this information with third parties to facilitate transactions. Order acceptance may require information verification.

Changes

We reserve the right, with or without notice, to alter artwork, product, subscription, software, or service descriptions; limit available quantities; honor or reject coupons; and refuse products, subscriptions, software, or services. We may adjust points, rewards, or their terms at our discretion.

Disclaimers

The Services, PH Content, and Member Content are provided "as is," without warranty. PH disclaims merchantability, fitness for a specific purpose, and non-infringement warranties. We don't guarantee uninterrupted, secure, or error-free access. PH disclaims quality assurances for purchased works, services, content, or products.

No advice or information obtained from PH or the Services creates any warranty not explicitly stated. Do not make decisions or purchases solely based on Services information. Seek professional advice before acting on any content.

You are solely responsible for interactions with other members or users. PH does not screen or verify users and makes no representations about user conduct. Use caution in communications or meetings resulting from Service use.

Indemnity

You agree to defend, indemnify, and hold PH and its officers, directors, employees, and agents harmless from claims, liabilities, damages, losses, and expenses, including legal fees, connected to your Service use, PH Content, or Member Content or violation of these Terms.

Limitation of Liability

You assume the entire risk of using the Services. PH and contributors won't be liable for incidental, special, exemplary, or consequential damages, including lost profits, arising from or related to these Terms, Service use, or inability to use the Services. In no event will PH's total liability exceed specific amounts based on the nature of the claim.

Proprietary Rights Notices

Trademarks, service marks, logos, and proprietary designations of PH are the property of PH or its licensors. Other trademarks are the property of their respective owners.

RESOLUTION OF DISPUTES

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California, disregarding conflict of law provisions. You and we mutually agree that any claims or disputes must be exclusively resolved by a state or federal court or arbitration situated in Los Angeles County, California, unless otherwise stated in the Agreement to Arbitrate or mutually agreed upon by the parties.

Informal Resolution

While we aim for the Services to meet your expectations, we acknowledge there may be instances where you feel dissatisfied. In such cases, we commit to working with you for a reasonable resolution. Please initiate the process by emailing us at legal@leafgroup.com to describe your concern. If the matter isn't resolved within thirty (30) days, you agree to follow the dispute resolution provisions outlined below, as permitted by applicable law.

Mutual Agreement to Arbitrate

READ CAREFULLY TO UNDERSTAND YOUR RIGHTS. By opting for arbitration, you and we agree to arbitrate any claims, unless you opt-out. Such arbitration will be on an individual basis, not as a class action, waiving your right to a trial by jury. You understand that discovery and appeal rights are limited in arbitration.

The arbitrator, not any court, will exclusively resolve disputes related to the interpretation, applicability, enforceability, or formation of these Terms and the Agreement to Arbitrate. The sole forum for unresolved disputes is binding arbitration. An exception is made for claims related to intellectual property rights or seeking injunctive relief, which may be pursued in a Los Angeles County, California court.

Arbitration Process

For US claims, the American Arbitration Association (AAA) will conduct arbitration under its rules. Non-US claims will be determined by the International Centre for Dispute Resolution under its International Expedited Procedures.

To enhance efficiency and fairness, the arbitration process will rely on written submissions, with oral hearings only if deemed necessary. The arbitrator's decision is final, and the language of arbitration is English or, for non-US users, the official language of your jurisdiction. Each party can use legal counsel at its expense.

Right to Opt-Out

YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION within thirty (30) days of your first purchase or artwork upload or within thirty (30) days of any changes to this Agreement to Arbitrate. Opt-out requests after this period are ineffective, and the Agreement to Arbitrate remains in full force. If you opt-out, we won't be bound by this Agreement.

Contact for Opt-Out

Send an email to legal@leafgroup.com or mail us at PH Online, Inc., 1655 26th Street, Santa Monica, California, 90404, Attention: Legal Department, to exercise your right to opt-out.

Class Action Waiver

To the Fullest Extent Permitted by Applicable Law

No arbitration or other claim under these Terms will be consolidated with any other arbitration or claim, including those involving other users of the Services. Class, collective, and/or representative arbitration proceedings are not allowed. If the class action waiver is unenforceable for a specific claim, that claim will not proceed in arbitration but will be resolved in a court of competent jurisdiction. The Agreement to Arbitrate and Class Action Waiver will still be enforceable for all other claims, mandating arbitration on an individual basis.

Waiver of Trial by Judge or Jury

By opting for arbitration to resolve disputes, both parties give up the right to a judge or jury trial concerning all claims under this Agreement to Arbitrate. Claims heard in a court of competent jurisdiction will be decided by a judge instead of a jury, unless prohibited by applicable law.

Limitation of Actions

Both parties agree that any claim or cause of action arising from or related to the use of the Services or these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.

Notice for California Users

California users are entitled to specific consumer rights under California Civil Code Section 1789.3. For consumer rights assistance, contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Users from Other Jurisdictions

The Services are operated by PH from the United States, and their appropriateness or availability in any jurisdiction is not guaranteed. Users accessing the Services are responsible for complying with local laws and regulations and are subject to United States export controls.

Entire Agreement

These Terms constitute the entire agreement between PH and you, superseding any prior oral or written understandings or agreements.

Assignment

These Terms may not be assigned or transferred without PH's prior written consent, but PH may assign or transfer them at its sole discretion.

Notices

Any permitted notices or communications will be in writing, either via email or by posting on the Services.

General

PH's failure to enforce any right or provision of these Terms will not waive its right to enforce it later. The invalidity or unenforceability of any provision will not affect the validity and enforceability of the remaining provisions.

Contacting PH

For questions about these Terms, contact PH at help@PHart.com. Complaints can be directed to PH's legal department at:

PH Online, Inc.

Attn: Legal Department

1655 26th St.

Santa Monica, CA 90404, USA

legal@ph.com