PRIVACY POLICY
I, Marcy Parks, take your online privacy very seriously. The details of my privacy policy follow below.
CUSTOMER DATA
As a patron of Marcy Parks Art, you privacy is of the upmost important to me. I will never release your personal details to third parties for marketing purposes without first asking your permission.
SECURITY
Payment information is not retained by Marcy Parks Art and I take precautions to protect your information during this process. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever I collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way through a Payment Processing System (Stripe or Paypal, depending on our preference at checkout).
MAILING LIST
To provide you with the best possible service from Marcy Parks Art, I like to send you relevant and timely information about the studio. This may include news of special events, art launches, and our newsletter. You can choose not to receive further information from Marcy Parks Art by opting out of the newsletter service as prompted in your email.
PERSONAL INFORMATION
By using the Marcy Parks Art website, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered on this Site, Marcy Parks may collect personally identifiable information, such as your:
-First and Last Name
-Mailing Address
-E-mail Address
-Phone Number
When you purchase Marcy Parks’ products and services, billing and credit card information is collected. This information is used to complete the purchase transaction but is held in an encrypted and secure payment processing service (Stripe.com or Paypal). I, Marcy Parks of Marcy Parks Art, do not have access to this information.
I do not collect any personal information about you unless you voluntarily provide it to me. However, you may be required to provide certain personal information to me when you elect to use certain products or services available on the Site. These may include: (a) signing up for special offers or email services; (b) sending me an email message; (c) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. I will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from me. I may also gather additional personal or non-personal information in the future.
Use of your Personal Information
Marcy Parks collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Marcy Parks may also use your personally identifiable information to inform you of other products or services available from Marcy Parks and its affiliates.
Sharing Information with Third Parties
Marcy Parks does not sell, rent or lease its customer lists to third parties.
Marcy Parks may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Marcy Parks, and they are required to maintain the confidentiality of your information.
Marcy Parks may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Marcy Parks or the site; (b) protect and defend the rights or property of Marcy Parks; and/or (c) act under exigent circumstances to protect the personal safety of users of Marcy Parks, or the public.
COOKIES
A cookie is a small text-only file which is sent from a website and entered into the memory of your browser. The cookies used on marcyparksart.com help us to provide a more personalized online experience to our customers, for example, by saving the contents of your shopping basket during each visit you make to the site and saving details to help identify you during the purchase process. Therefore we require both permanent and session cookies to be enabled. Please note that if you have chosen to disable cookies, the e-commerce function of marcyparksart.com won’t function.
Our cookies do not store financial details or any sensitive or confidential information.
Contact
If you have any questions, comments, or concerns in regards to the privacy policy of this website, please feel free to reach out to me via email at MarcyParksArt@Gmail.com
TERMS OF USE
The following is an agreement between User and Marcy Parks Art:
Welcome to Marcy Parks Art. The MarcyParksArt.com website (the "Site") is comprised of various links and web pages operated by Marcy Parks Art. MarcyParksArt.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of MarcyParksArt.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference as needed.
Marcy Parks Art (and MarcyParksArt.com) is a service and commerce company offering Original Art Paintings, Commissioned Paintings, Prints, Online Courses and Classes, Podcast Services, Resources, and all other products or services
Rights to Artwork and Images
All artwork, images, and graphics are the sole property of Marcy Parks and may not be used by any third party without written permission.
Copying or reproducing artwork created by Marcy Parks (as seen on marcyparksart.com, or elsewhere) is strictly prohibited without written permission from the artist.
Marcy Parks Art retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business.
Marcy Parks Art retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.
Marcy Parks Art retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Marcy Parks UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.
Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork.
Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artists name).
All other uses must be agreed to in advance in writing.
marcyparksart@gmail.com
Electronic Communications
Visiting marcyparksart.com or sending emails to Marcy Parks Art constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Marcy Parks Art is not responsible for third party access to your account that results from theft or misappropriation of your account. Marcy Parks Art and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Marcy Parks Art does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use marcyparksart.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Reproductions and non-original products: You may cancel your order within the first 24 hours. After 24 hours a 15% restocking fee will be applied. Returns and exchanges are handled on a case by case basis. We are not liable for any mishandling or failed delivery by the shipping service (USPS or UPS). Please contact marcyparksart.com within 7 days of receiving your artwork.
Original Paintings: All sales of original artwork are final. Orders canceled within the first 24 hours will incur a 20% restocking & re-marketing fee. Returns or exchanges of original work are not available except for the most extreme situations.
Links to Third Party Sites/Third Party Services
marcyparksart.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Marcy Parks Art and Marcy Parks is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Marcy Parks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Marcy Parks Art of the site or any association with its operators.
Certain services made available via marcyparksart.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the marcyparksart.com domain, you hereby acknowledge and consent that Marcy Parks Art may share such information and data with any third party with whom Marcy Parks Art has a contractual relationship to provide the requested product, service or functionality on behalf of Marcyparksart.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use marcyparksart.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Marcy Parks Art that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair Marcy Parks Art or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Marcy Parks Art or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Marcy Parks Art content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Marcy Parks Art and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Marcy Parks Art or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Marcy Parks Art from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Marcy Parks Art Content accessed through marcyparksart.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Marcy Parks Art, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Marcy Parks Art reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Marcy Parks Art in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Marcy Parks Art agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARCY PARKS ART AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MARCY PARKS ART AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Marcy Parks ART AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCY PARKS ART AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MARCY PARKS ART OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Marcy Parks Art reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Marcy Parks Art as a result of this agreement or use of the Site. Marcy Parks Art’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Marcy Parks Art’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Marcy Parks Art with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Marcy Parks Art with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Marcy Parks Art with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Marcy Parks Art reserves the right, in its sole discretion, to change the Terms under which MarcyParksArt.com is offered. The most current version of the Terms will supersede all previous versions. Marcy Parks Art encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Marcy Parks Art welcomes your questions or comments regarding the Terms:
Marcy Parks Art
109 York Dr. Bristol TN 37620
MarcyPArksArt@gmail.com
Effective as of July 2020