Legal - Stacey Allen Art

Stacey Allen Art Legal and Copyright Information

REVISED: 06/13/2016

Initial and continued use of this website is subject to Stacey Allen Art (hereinafter referred to as ‘SAA’) Terms of Use. By accessing this website and its contents initially, you agree to all Terms and Conditions herein. Continued access from that point acknowledges you fully agree to all Terms and Conditions herein. SAA’s Privacy Policy governs the collection, storage and use of information gathered and displayed through this website. Users viewing the website are subject to all Domestic and International Copyright restrictions and laws, without exception.

This document outlines our commitment to provide outstanding quality, value and performance of all information, images and contents contained herein to our most important asset – you as our viewer.

The contents of this website are Copyright © 2014-2017, Stacey Allen Art. All Rights Reserved. Information, Materials, Images, Downloads, Features, Packages, Contents and other elements of this website may be subject to individual copyright restrictions, based on individual ownership. All Rights Reserved. If you have any questions about a specific element, please contact us with your request and we will provide contact information for that element if it is not our own.

Trademark and Service Mark Notices

Stacey Allen Art, the Stacey Allen Art logo and imagesas well as certain other marks in this website are the trademarks, trade names and service marks of SAA. Any use of such marks without the prior written consent of SAA is strictly prohibited and subject to prosecution and recovery of damages to the fullest extent allowed by Domestic and International Laws. Other trademarks, logos and elements are the property of the parties to whom they are attributed. SAA its content providers and such third parties retain all rights with respect to any of their respective trademarks, service marks or logos. If you have any questions about a specific trademark, logo or element, please contact us with your request and we will provide contact information for that element.

IMPORTANT!

THESE TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS “TERMS AND CONDITIONS”) GOVERN THE USE OF THE STACEYALLENART.COM WEBSITE (HEREINAFTER REFERRED TO AS THE “WEBSITE”) BY YOU, YOUR IMMEDIATE FAMILY LOCATED AT YOUR PLACE OF INTERNET ACCESS TO THIS WEBSITE, YOUR EMPLOYEES, YOUR CLIENTS AND AGENTS (HEREINAFTER COLLECTIVELY REFERRED TO AS “YOU”). BY USING THE WEBSITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. Stacey Allen Art (HEREINAFTER REFERRED TO AS “SAA”) RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE POSTED TO THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY!

1. Scope

These Terms and Conditions govern your use of this website be it by personal internet connection, work internet connection, mobile internet connection or any other means. These Terms and Conditions, however, do not apply to SAA’s Artwork, Products or Services presently, previously or offered in the future, which are the subject of separate agreements unless otherwise stated with those works of Art, Products or Services. If such Terms and Conditions are not issued for said item(s), this document is considered fully applicable.

2. Permitted Use

(a) You have a nonexclusive, nontransferable, limited, revocable right to use this website solely for your own personal informational and entertainment use. You may not use the website for any other purpose without SAA’s express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity (“Person”) to (i) frame the website or any portion thereof (whereby the website or a portion thereof will appear on a user’s screen with a portion of another website, or with content or advertising of any Person without SAA’s consent), or (ii) Co-brand the website or any portion thereof. “Co-branding” means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the website the impression that such the Person is associated or affiliated with SAA, or has the right to display, publish, transmit or distribute the Website or content accessible within the website. In addition, You may not and may not authorize any Person to link to any part of the website without SAA’s prior written consent. You agree to cooperate with SAA in causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease. You may not take any action that violates these Terms and Conditions.

(b) Image Usage Limitations. SAA does not grant the right to use, reuse, redirect, or link directly to any images of Artwork displayed on this sight without the express written permission of SAA. You acknowledge and agree that such images are representations of Artwork produced by SAA for the intention of display and resale therefore such actions will cause irreparable harm and damages to SAA. SAA reserves the right to prosecute all violations to the fullest extent of the Law as well as all recourse available including, but not limited to, filing fees, travel expenses, losses, damages, replacement expenses, lawsuits and other miscellaneous sums incurred in such recourse.

3. Proprietary Information

You acknowledge and agree that as between SAA and You, SAA is the owner of all right, title and interest in the website and all content accessible within the website (the “Content”), including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the website or the Content, without the express written consent of SAA, other than limited printed copies of materials that you may need for your own personal use and that contains all of SAA’s copyright and other notices. Any forward looking statements and claims made herein are subject to conditions beyond our control and should not be considered certified as all investments of any type or reservations/deposits should not be made lightly and you are responsible for performing your own due diligence before making any decisions based on the information herein.

4. Disclaimer

You will have access to a variety of third party sources of content through the use of the website and the Internet. SAA has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other website that you can link to from the website. Accordingly, SAA has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the website. You acknowledge and agree that any access, use or reliance on any such third party content is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by SAA, SAA does not operate, control or endorse any information, products or services of any other Person on the website or the Internet in any way. You also understand and agree that SAA does not guarantee or warrant that files available for downloading from the website or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely affect You, your computer or computer systems and network or your data or files. In addition, You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.

ACCESS TO AND YOUR USE OF THE WEBSITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS.” SAA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEBSITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND SAA HEREBY DISCLAIMS THE SAME.

5. Privacy Policy

SAA collects, stores and uses data collected from You in accordance with SAA’s Privacy Policy (see Below).

6. Limitation of Liability

SAA, ITS LICENCORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGING MEMBERS, VENDORS AND CONSULTANTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION; LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SAA AND ITS LICENCORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGING MEMBERS, VENDORS OR CONSULTANTS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT (IF ANY) YOU HAVE PAID TO SAA TO USE THE WEBSITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

7. Indemnity

You will indemnify and hold SAA, its licensors, content providers, service providers, employees, agents, managing members, vendors, consultants and contractors (the “Indemnified Parties”) harmless from breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the website, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the website.

8. Trademarks

See above for Trade and Service Mark terms and conditions.

9. Mobile. Public, International Access

(a) You agree to hold all parties mentioned herein exempt from any and all liability for your use of a mobile, prepaid or postpaid or public ‘device’ to access our online website and its contents. We are not responsible for any additional damages, data costs, rental fees, penalties or taxes involved in your use of said mobile ‘device’ you may incur by accessing, continuing to stay connected to, delays in downloads from or the size of any files you attempt to download from our website. This also includes any advertising or videos which may appear that ‘autoplay’ and may subject you to additional data usage. You access this website at your own risk. SAA strives to offer opportunities to click and start such access, but cannot and does not guarantee this may not occur. Advertisements and other graphics may be placed within our website by automated or ‘rotating’ web services that may include such high-data or moving video or graphics and you acknowledge this potential and our indemnity by use and continued use of this website.

(b) International Access (Outside the USA). SAA has the right to restrict access to our website(s) based on illegal activity and access from sources outside the USA at any time. If you are accessing our website from or are based outside the USA, all Terms and Conditions herein still apply to you to the extent of your Country’s Government and Courts allow SAA. If you do not agree to these terms, or you are in or based in a location you know this Agreement does not or could not apply, you are instructed and agree to immediately discontinue usage of this website and contact SAA immediately to obtain a specific waiver and agreement for your locale.

10. Miscellaneous

(a) Headings. The headings of sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.

(b) Governing Law and Jurisdiction. The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Ohio, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEBSITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE SAA REGARDING USE OF THE WEBSITE, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN STARK COUNTY, OHIO, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

(c) Entire Agreement; Amendments. These Terms and Conditions, together with the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.

(d) Severability. The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

(e) Waiver. No failure or delay on the part of SAA to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by SAA preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by SAA to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

This Privacy Policy details the manner in which Stacey Allen Art (hereinafter referred to as ‘SAA’) collects, uses, maintains and discloses information collected from users of this website (hereinafter referred to as ‘User’).

Users’ privacy is very important to SAA. SAA is committed to safeguarding the information Users entrust to us. This website contains elements that are directed in various ways and means at children under 13 years of age and is intended to provide information to viewers. Users who are not of legal age in each State or Country that do have the legal ability to enter into a binding agreement for the information, products and services we offer must obtain consent from a Parent or Legal Guardian, after review of this information. Sections of this website that require such authorization shall require the Parent or Legal Guardian to submit a COPPA-compliant authorization to SAA prior to granting access to such information. SAA may hold public or private “events” and information for signup and application may involve this website. Event participants who have completed an application to one of the Events signed by a Parent or Guardian signify and authorize that such Parent or Guardian has been made aware of the content and risks related to such content, information, products and/or services and grant the minor User the ability to access such information.

The Information We Collect

SAA may collect personally identifiable information from Users in a variety of ways, including through online forms for feedback or ordering products and services, and other instances where Users are invited to volunteer such information. SAA may also collect information about how Users use our website, for example, by tracking the number of unique views received by the pages of the website, or the domains from which Users originate. We may use “cookies” to track how Users use our website. A cookie is a piece of software that a Web server can store on the Users’ PC and use to identify the User should they visit the website again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our website.

Each Webspace or Server, including StaceyAllenArt.com, collects information in the form of ‘logs’ to track the performance, usage, geographic and demographic information of visitors. If you have a ‘static’ or permanent IP address as part of your connection to the Internet, this information will be displayed within the Log Analysis Software. Currently we use Analog, Urchin 5 and Webalizer 2.XX Log Analysis Software to review activity within our website(s). This software provides reasonably detailed information ONLY to the Server Administrators, System Administrators and SAA personnel. The information this Log Analysis software provides SAA comes directly from the logs mentioned above, and is primarily used for viewing website usage, time of day usage, geographical information and specific page usage. SAA does not share, reprint or allow others to view this information, but does not and cannot guarantee that such information is totally secure and is neither responsible nor liable for any misuse of log information by Users who may break into our website server system. In any case where this has occurred, SAA will work directly with the complainant to correct the situation and review our access logs for possible action. If you feel a situation like this has occurred, please send e-mail to: abuse@staceyallenart.com.

How We Use Information

SAA may use personally identifiable information collected through our website(s) to contact Users, who have volunteered such information of their own accord, regarding products and services offered by SAA and its trusted affiliates, independent contractors and business partners, and otherwise/to enhance Users’ experience with SAA and such affiliates, independent contractors and business partners. SAA may also use information collected through our website for research regarding the effectiveness of the website and the marketing, advertising and sales efforts of SAA, its trusted affiliates, independent contractors and business partners.

Disclosure of Information

SAA may disclose information collected from Users (only as specified in the previous section) to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to potential sponsorship partners.

Maintenance of Information

Information about Users that is maintained on our server systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure at any given time. To maintain the highest level of security possible, we rarely include forms or other data entry sections that require the collection of information such as credit cards, social security numbers or other vital information. AT NO TIME will we contact you via e-mail or any instant messaging systems asking for this type of sensitive information asking for a reply by the same method. Additionally, AT NO TIME will we contact you directly via telephone to request passwords or any other type of sensitive information. Our standard policy is to contact you via e-mail or by standard mail and provide the option to place a return call to us at numbers only referenced on this website to continue any conversation in which this type of information may be required.

Questions

Users may direct questions concerning this Privacy Policy by e-mail to abuse@staceyallenart.com. Users may elect not to receive solicitations from SAA or from trusted affiliates, independent contractors and business partners by completing an opt-out request form or by checking various boxes in and around the website(s) which designate opting-out of receiving such contact or materials. To receive this form, please e-mail us at the address listed above for a copy.