PRIVACY POLICY

WHO WE ARE

Our website address is: https://lizzy.art

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our site, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates through the MailChimp email marketing service. Their privacy policy can be found at https://mailchimp.com/legal/privacy/

CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at contact@lizzydart.com

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SITEGROUND

Our site is hosted through SiteGround. They provide us with the online platform that allows us to display and sell our products and services to you.

Your data is stored through SiteGround’s data storage, databases and the general SiteGround application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then the payment processing vendor stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Stripe’s Privacy Policy: https://stripe.com/privacy

PayPal’s Privacy Policy: https://www.paypal.com/us/webapps/mpp/ua/privacy-full

NOWPayment’s Privacy Policy: https://nowpayments.io/doc/privacy_policy-v1_2_2.pdf

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by them.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 this site.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our site is migrated to a new hosting service, your information may be transferred to the new service provider so that we may continue to sell products to you.

TERMS OF USE

INTRODUCTION

Use of the Site: You may use the site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity, which infringes the rights of Lizzy D’s Art or others.

Lizzy D’s Art (“Lizzy D’s Art” or “We”). We believe it is essential that all Lizzy D’s Art users respect the copyright and other intellectual property rights of others. Whether an artist, a customer, or even if you’re just browsing, please respect the intellectual property rights of all the works you see or buy on Lizzy D’s Art.

Please read these terms of service (the “Terms”) and Lizzy D’s Art Privacy Policy carefully. These Terms and the Privacy Policy are a legal agreement between you and Lizzy D’s Art. PURCHASING PRODUCTS THROUGH THE Lizzy D’s Art SERVICES INDICATES THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS AND THE PRIVACY POLICY, AND ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO THE Lizzy D’s Art SERVICES, INCLUDING THE SITE.

“You” means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind such legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT USE THE Lizzy D’s Art SERVICES.

CONTENT, COPYRIGHT & INTELLECTUAL PROPERTY POLICIES

Content

You understand that all information, images, pictures, data, text, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the Lizzy D’s Art Services (“Content”), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.

Lizzy D’s Art does not prescreen Content or Products and is not responsible for examining or evaluating any Content or Products offered through the Lizzy D’s Art Services, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the Content or Products for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Lizzy D’s Art WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE Lizzy D’s Art SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE Lizzy D’s Art SERVICES’ USERS.

Copyright under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”) or Infringements of Other Intellectual Property Rights:

Lizzy D’s Art has a zero tolerance policy for infringement of copyrights and other intellectual property rights.

You agree that you shall not, and shall not instruct, permit, allow or induce any person, directly or indirectly:

• post Content or Products in an inappropriate category or areas of the Lizzy D’s Art Services;
• fail to deliver payment, services or Product for collaborations posted by you unless a clear typographical error is made or you cannot authenticate the recipient’s identity;
• interfere with another Lizzy D’s Art user’s Content or Products;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Lizzy D’s Art;
  • take any action that may undermine any ratings system that Lizzy D’s Art may use;
• transfer your Lizzy D’s Art account and user identification to another party without our prior written consent;
• distribute viruses or any other technologies that may harm Lizzy D’s Art or the interests or property of Lizzy D’s Art users;
• use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of the Lizzy D’s Art Services or Content made available through the Lizzy D’s Art Website other than your own Content, without the owner’s express written permission; or (ii) any Lizzy D’s Art copyrights or trademarks;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Lizzy D’s Art Website or any Content;
• harvest or otherwise collect information about other users of the Lizzy D’s Art Website, including email addresses, without their consent;
• impersonate any person or entity, including, but not limited to, a Lizzy D’s Art official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• frame, mirror, or otherwise simulate the appearance or function of the Lizzy D’s Art Website or any other person’s Content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available through the Lizzy D’s Art Website any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, email, transmit or otherwise make available through the Lizzy D’s Art Website any material that contains adware, malware, spyware , software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• “stalk” or harass or harm another person.

The Site is controlled and offered by Lizzy D’s Art from its facilities in the United States of America and data related to the Lizzy D’s Art Website is hosted in the United States. If you access or use the Lizzy D’s Art Services from other jurisdictions, you do so at your own risk. You are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Lizzy D’s Art Services, you are not permitted to use them.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE Lizzy D’s Art SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE Lizzy D’s Art SERVICES WILL BE ERROR FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED, THE OPERATION OF THE Lizzy D’s Art SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE Lizzy D’s Art SERVICES.

WE ARE NOT AND SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF MONEY OR PROFITS, GOODWILL, DATA, CONTENT OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Lizzy D’s Art SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF THE Lizzy D’s Art SERVICES.

REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (I) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (II) $100.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

TRADEMARKS

If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trademark to us and must comply with our guidelines regarding the use of our trademarks. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Lizzy D’s Art Services).

LINKED WEBSITES

The Lizzy D’s Art Services may contain links to other websites that are not owned or controlled by us (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. We do not screen Linked Websites and are not responsible for the content, security, operation, or use of any Linked Websites or the products or services that may be offered or obtained through them. Further, We are not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk.

Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the Lizzy D’s Art Services. You expressly relieve us from any and all loss, damages or other liabilities you incur as a result of your use of any Linked Website.

ACCESS AND INTERFERENCE

Much of the information available through the Lizzy D’s Art Services is updated on a real-time basis and is proprietary or is licensed to Lizzy D’s Art by our users or third parties. All intellectual property rights in the Lizzy D’s Art Services (including without limitation, the software and systems underlying the Lizzy D’s Art Service, and all text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us and we reserve all rights in them. You agree that you will not use any robot, spider, scraper or other automated means to access the Lizzy D’s Art Services for any purpose without our express written permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Lizzy D’s Art Services or any activities conducted through them; or
• bypass any measures we may use to prevent or restrict access to the Lizzy D’s Art Services; or
• decompile, disassemble or otherwise reverse engineer the Lizzy D’s Art Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Lizzy D’s Art.

PRIVACY

We use your information only as described in the Privacy Policy. We view protection of users’ privacy as very important. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and changing your account preferences or opting-out of certain communications. If you object to your information being transferred or used in the manner provided for in the Lizzy D’s Art Privacy Policy your sole recourse is to stop using the Lizzy D’s Art Services.

TERMINATION OF ACCOUNT

You may terminate these Terms at any time by terminating your use of the Lizzy D’s Art Services.

MODIFICATIONS TO THE Lizzy D’s Art SERVICES AND TERMS

Lizzy D’s Art reserves the right to monitor, modify or discontinue the Lizzy D’s Art Services, and to block, modify, publicly comment on, or delete any Content submitted to the Lizzy D’s Art Services by any party, at any time without notice in its sole discretion; provided however, that Lizzy D’s Art has no obligation to update, store, maintain or correct any information or Content on the Lizzy D’s Art Services.

Lizzy D’s Art reserves the right, at any time and in its sole discretion, to change these Terms, including the Privacy Policy, in whole or in part, by notifying you as described in the Notice provisions below. You are responsible for reviewing and complying with these Terms, including the Privacy Policy, in effect at the time you use the Lizzy D’s Art Services. You acknowledge that you will be bound by the revised Terms, including the Privacy Policy, as of their effective date set forth therein and your continued use of the Lizzy D’s Art Services constitutes acceptance of them.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

These Terms may not be otherwise amended except in a writing signed by you and Lizzy D’s Art. These Terms, including without limitation, the Privacy Policy which is incorporated herein by reference, set forth the entire understanding and agreement between you and Lizzy D’s Art with respect to the subject matter hereof.