Terms of service

OVERVIEW Welcome to Hum of Earth. The terms "we", "us" and "our" refer to Hum of Earth, a brand owned and operated by Blue Threads Co, LLC. Hum of Earth operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Hum of Earth is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.  

SECTION 2 - OUR PRODUCTS & AI-GENERATED IMAGERY We have made every effort to provide an accurate representation of our products and services. However, please note that colors or product appearances may differ from how they may appear on your screen due to device settings. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer.  

AI-Generated Imagery & Mockups: Certain product images, lifestyle photos, and human models displayed on the Services are digitally generated using Artificial Intelligence (AI). These synthetic mockups are utilized to demonstrate the intended fit, color, and aesthetic of our garments. Any human likenesses depicted in these AI-generated images are purely fictitious. While we engineer our physical garments to closely match these digital representations, you acknowledge that slight variations in fabric texture, drape, scale, and color may occur in the final manufactured product.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Hum of Earth reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Hum of Earth confirms acceptance. We must receive and process your payment before your order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores.  

SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.  

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Blue Threads Co, LLC, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.  

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any of the material on the Services without our prior written consent. Hum of Earth's names, logos, designs, and slogans are trademarks of Blue Threads Co, LLC.  

SECTION 7 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; or (f) to upload or transmit viruses or any other type of malicious code. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.  

SECTION 8 - RELATIONSHIP WITH SHOPIFY Hum of Earth is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Blue Threads Co, LLC. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.

SECTION 9 - COPYRIGHT & DMCA TAKEDOWN POLICY
Hum of Earth respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Services, please notify us immediately. Your takedown notice must include: your physical or electronic signature, identification of the infringed work, identification of the infringing material and its specific location on our site, your contact information, and a statement made under penalty of perjury that the information provided is accurate and you are the copyright owner or authorized to act on their behalf. Notices should be sent to our legal contact email below.

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY EXCEPT AS EXPRESSLY STATED BY HUM OF EARTH, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BLUE THREADS CO, LLC, HUM OF EARTH, OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR REVENUE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 11 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Blue Threads Co, LLC, Hum of Earth, and our affiliates, partners, officers, directors, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

SECTION 12 - DISPUTE RESOLUTION AND BINDING ARBITRATION Please read this section carefully, as it affects your legal rights. Any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Services, or your purchases from Hum of Earth shall be resolved by binding arbitration on an individual basis, rather than in court. You and Blue Threads Co, LLC agree to waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration. The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This arbitration agreement is governed by the Federal Arbitration Act.

SECTION 13 - SEVERABILITY & TERMINATION In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 14 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State in which Blue Threads Co, LLC is legally registered, without regard to its conflict of law principles.  

SECTION 15 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.  

SECTION 16 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at:
Blue Threads Co, LLC (dba Hum of Earth)
Email: legal@bluethreadsco.com