TERMS & CONDITIONS
What You Need to Know
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BY VISITING JENNDANIELLEART.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
Overview
The terms “we”, “us”, “our” “JENNDANIELLEART.COM” and “JENN DANIELLE ART” refers to JENN DANIELLE ART. The term the “Site” refers to jenndanielleart.com and all online class sites connected with jenndanielleart.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
JENN DANIELLE ART provides a website where users can view and purchase original works of art by Jenn Danielle (the “Service”).
Use of jenndanielleart.com, including all materials presented herein and all online services provided by JENN DANIELLE ART, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site + Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site and in the Service is subject to change. JENN DANIELLE ART makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. JENN DANIELLE ART disclaims all liability for any inaccuracy, error or incompleteness in the Content.
Account Creation
In order to use the Service, you are required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to JENN DANIELLE ART will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
Lawful Purposes
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of Service
JENN DANIELLE ART reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. JENN DANIELLE ART reserves the right to limit the number of participants in any given online class or workshop. JENN DANIELLE ART may at any time change or discontinue any aspect or feature of the Site or Service.
Order Confirmation
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you’ve signed up for a subscription with us, the subscription renews automatically and your credit card will be charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
If you have submitted a deposit or payment in full for a service, JENN DANIELLE ART has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.
Cancellations, Refunds & Returns
Purchases are nonrefundable unless otherwise described on product detail pages. If you believe you are entitled to a refund please write in to jenndanielleart@gmail.com within thirty days of purchase and we'll endeavor to make it right. Digital downloads are not returnable and therefore not refundable. Deposits paid for commissioned work are nonrefundable.
Product Description
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify JENN DANIELLE ART from any claim against JENN DANIELLE ART resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
JENN DANIELLE ART reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
Intellectual Property Rights to Your Materials
JENN DANIELLE ART does not claim ownership of Material you supply to JENN DANIELLE ART. However, the act of posting Material to the site conveys an irrevocable, worldwide license to JENN DANIELLE ART to use and distribute the posted Material in connection with JENN DANIELLE ART ’s website and any related JENN DANIELLE ART publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to JENN DANIELLEART, you agree to hold JENN DANIELLE ART harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Our Intellectual Property
All content provided on the Site and in the Service, including all products and all online class and workshop materials are the intellectual property of JENN DANIELLE ART. The content of the Site and Service are protected by Canada trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
Affiliate Disclaimer
We may receive commissions when you click our links and make purchases. However, this does not impact our reviews and comparisons. We try our best to keep things fair and balanced, in order to help you make the best choice for you. We will always note when an offer contains an affiliate link.
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, JENN DANIELLE ART is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if JENN DANIELLE ART has been advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall JENN DANIELLE ART ’s cumulative liability to you exceed the total purchase price of the Service you have purchased from JENN DANIELLE ART, and if no purchase has been made by you JENN DANIELLE ART’s cumulative liability to you shall not exceed $100 CAD.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with JENN DANIELLE ART. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Waiver
No waiver of any of the provisions of this Agreement by JENN DANIELLE ART shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by JENN DANIELLE ART.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing to jenndanielleart@gmail.com.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the province of Ontario as applied to contracts that are executed and performed entirely in Ontario. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be ADR Chambers, Ontario. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of ADR Chambers or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Phew!
Updated: April 2023
PRIVACY POLICY
Your Data is Secure
BY VISITING JENNDANIELLEART.COM, YOU ARE CONSENTING TO OUR PRIVACY POLICY.
Overview
JENN DANIELLE ART is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at jenndanielleart.com (the “Site”), and how we collect and use that information.
The terms “we”, “us” and “our” and “JENN DANIELLE ART ” refer to JENN DANIELLE ART. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
The term “personal information” is defined as information that you voluntarily provide to us which personally identifies you and/or your contact information, such as your name, phone number and email address.
JENN DANIELLE ART provides a site where users can view original artwork and a service where users may purchase original artwork, including requesting commissioned original artwork. (the “Service”).
Use of jenndanielleart.com, including all materials presented herein and all online services provided by JENN DANIELLE ART, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.
Information We Collect
Product Orders. We collect a variety of personal information with each product order, but always only the bare minimum necessary to effect the sale. This includes: Your name, billing address, and email address. This information is shared with our e-commerce software providers to ensure the delivery of your order. We use your email to communicate with you about your order and to manage our customer relationship with you.
Your Payment Information. We collect payment information for each order but we do not store payment information on JENN DANIELLE ART servers. Your payment information is securely communicated to and processed via our e-commerce software providers. All personal information collected for an order is used for the fulfillment of that order and to manage our customer relationship with you.
Email List. We only collect the personal information you voluntarily provide to us which includes: Your first name and email address, in order to subscribe to our mailing list; your first name, email address and/or social media profile in order to post a comment on our blog via third party provider, Wix; Your full name, email address and message in order to contact us via our contact form.
Activity. We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
Cookies. We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.
How Your Information is Used
The information you provide is used to process transactions, personalize your experience, improve customer service, send periodic emails, and improve the service we provide. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. In those cases, we will share your information with trusted third parties, such as our online course software, in order to provide the service. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties. We do not store your credit card information. As a function of historical record keeping, we keep contact form emails and records of purchase transactions indefinitely. If you leave a comment, the comment and its metadata are retained indefinitely. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Third Party Links
The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.
Security
Security Measures. We maintain security measures to protect your personal information from unauthorized access, misuse or disclosure. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
Sharing. Please be aware that when you use our Site to post comments and share other information, any information that you provide may not be secure and can be collected and used by others. As a result, you should exercise caution before you make such disclosures.
Children. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site. If we become aware that we have inadvertently received personally identifiable information from an underage user as part of the Site, we will delete such information from our records.
Your Rights
If you are a customer or email subscriber, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. You are also able to request a rectification of your data at any time by emailing jenndaniellearr(at)gmail(dot)com.
How to Update Your Information
If you opt-in to our mailing list, the option to unsubscribe will be included in every email. You may also access and correct your personal information and privacy preferences by contacting us with your request at jenndanielleart(at)gmail(dot)com.
Notification of Changes to this Policy
You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. Updates to this Policy will be posted on this page.
Contact
If you have questions about our Privacy Policy, email anytime to
Updated: April 2023