Last updated: September 13, 2021
- Account means the process of registering and providing User information to access this Site.
- Assignment means the rights of Owner to the copyrighted work and to the intellectual property are personal to the Owner and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of Owner.
- Copyright means an original work of authorship fixed in any tangible medium of expression, including, but not limited to words, numbers, pictures, visual art works, or other graphic or symbolic media. Owner has the exclusive right to reproduce, distribute, publicly perform and publicly display the work. The Owner has the sole right to sell, license or dispose of its interest in any work. Owner secures its copyright and other intellectual property rights in the work when the work is created, without regard to any registration, publication, or other action by Owner, all in accordance with the laws of the United States, internationally under the Berne Convention on the Protection of Literary and Artistic Works and/or the Universal Copyright Convention, and other applicable laws and agreements. If Owner believes that its work has been copied in a way that constitutes copyright infringement or if any license to use the copyrighted work, if any, is violated, Owner may take any action it deems reasonable and necessary, including the commencement of a legal action to enjoin the infringement and seek damages and other relief in the district or federal courts located in the State of Iowa or in any other court of competent jurisdiction.
- Intellectual Property means the proprietary and confidential information and trade secrets, including, but not limited to text, graphics, logos, Site, images, software, and icons that are protected by U.S. and international intellectual property laws and applicable laws. Owner, by and through any and all license agreements, retains all right, title and interest to the Site Content and any word, phrase or logo (“Marks”). User agrees not to display or use intellectual property rights or any Marks without Owner’s prior written consent. Any User who displays or uses any copyrighted work or other intellectual property or Marks without the consent of Owner shall be subject to legal liability severally or jointly by Owner, the licensor, or the holder of the intellectual property right, and shall pay attorney’s fees, court costs, specific damages, liquidated damages, and shall be subject to other fines and penalties.
- Owner means Studio Fiveighteen, LLC, its successors and assigns.
- Ownership of Art means the right to possess and claim ownership of visual art work that has been created in a tangible medium by Owner for sale on this Site. Ownership of Art does not mean ownership of or a transfer of the copyright to the art or other copyrighted work, or any other intellectual property of Owner unless specifically and expressly transferred to User or any other person, business or firm in writing by Owner.
- Personal Data means personal identifiable data or information, such as names, addresses, e-mail accounts, phone numbers, social media handles or accounts, or any other information, in whatever form or kind about the User or any other person or firm, corporation, or other entity that is not publicly and which is obtained by User from this Site.
- Personal Data Collected means personally identifiable information provided by User from this Site that can be used to contact or identify User. Personally identifiable information includes but is not limited to:
- first name,
- last name,
- e-mail address,
- mailing address,
- phone number,
- zip code,
- usage data,
- social media handles.
- Personal Data Disclosure to Law Enforcement means Owner may, under certain circumstances, release or may disclose information about User if required to do by law or in response by a lawful request by a governmental agency or court of law, or to comply with a legal obligation, protect and defend the Owner, its successors and/or assigns, prevent or investigate wrongdoing by User associated with this Site, protect the personal data of another user or the public, or for any other lawful reason.
- Registration means the process of registering to access or use this Site. You are Registered User or User when you create an account by providing a username, password, and certain personal contact information as prompted on the Site.
- Registration Information means the information, including username and password, required of a User to complete the Registration process.
- Service Provider (ISP) means any natural or legal person or company who obtains or possesses data or other information generated automatically or by User of this Site.
- Site Content means all text, graphics, video, audio, links, communications, and other information contained on the Site.
- User means you, yours, and an individual or business that accesses or uses the Site.
- Waiver means User hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of electronic records, to the extent permitted under applicable law.
- Website or Site means https://lllinked.art and https://shop.lllinked.art (collectively “Website” and “Site”).
- Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Site or its related Site Content;
- Circumvent, disable or otherwise interfere with security-related features of the Site including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or its related Site Content;
- Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Site for any purpose without the express written permission of Owner;
- Collect or harvest any personally identifiable information from the Site including, without limitation, usernames, passwords, email addresses;
- Solicit other users to join or become members of any commercial online service or other organization without Owner’s prior written approval;
- Attempt to or interfere with the proper working of the Site, impair, overburden, or disable the same;
- Decompile, reverse engineer, or disassemble any portion of the Site;
- Use network-monitoring software to determine architecture of or extract User data or usage data from the Site;
- Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity without permission;
- Violate state, federal, or international laws, including U.S. export laws; and
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
When accessing this Site, Owner will learn certain information about User during User’s visit. How the Owner will handle information it learns about you depends upon what User does when visiting the Site. If User visits the Site to read or purchase artwork from the Site or its pages, Owner will collect and store information about User, including:
- The name of the domain from which User accesses the Internet;
- The date and time User accesses the Site; and
- The Internet address of the Web site User used to link directly to the Site.
If User identifies her/himself by sending an e-mail containing personal information to or via this Site, then the information collected will be solely used to respond to your message. The information collected is for statistical purposes. Owner uses software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, Owner uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Owner will not obtain personally-identifying information about User when you visit the Site, unless User chooses to provide such information to Owner, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the User at the time of collection.
C. User Registration
In order to access or use some features of the Site, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to this Site.
If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (“User Account”) which may permit you access to certain areas of the Site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your User account. You are solely responsible for the activity that occurs under your User account, whether or not you have authorized the activity. You agree to notify Owner immediately at the e-mail address shown on the Site regarding any breach of security or unauthorized use of your User account.
D. Keeping Your Information Secure
Owner has implemented security measures that it considers reasonable and appropriate to protect against the loss, misuse and alteration of the information under Owner’s reasonable control. Please be advised, however, that while Owner strives to protect your personally identifiable information and privacy, Owner cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. Owner will make every attempt to contact you using the last e-mail address that you have provided to Owner in the most expedient time reasonable under the circumstances. Owner, from time to time, will take reasonable steps to determine the scope of any breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation.
E. Third Party Ad Server Networks
The Site may use third parties such as network advertisers to serve advertisements on the Site and may use traffic measurement services to analyze traffic on the Site. Network advertisers are third parties that display advertisements based on your visits to the Site and other Sites User has visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. The Site’s third-party ad network providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have cookies enabled in your browser and track certain behavioral information regarding users of your computer via a Device Identifier. These third-party cookies are set to, among other things:
- help deliver advertisements to you that you might be interested in;
- prevent you from seeing the same advertisements too many times; and
- understand the usefulness to you of the advertisements that have been delivered to you.
F. Links to Other Sites
This Site may link to or contain links to other third party Sites that Owner does not control or maintain, such as in connection with purchasing products referenced on this Site and banner advertisements. We are not responsible for the privacy practices employed by any third party Site. Owner encourages you to note when you leave this Site and to read the privacy statements of all third party websites before submitting any personally identifiable information.
User agrees to indemnify and hold harmless Owner, and its employees, agents, distribution partners, affiliates, subsidiaries, and their related companies, successors and assigns from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
- your access to or use of the Site;
- User Data provided by you or through use of your Account;
- any actual or alleged breach of any representation, warranty, or covenant that you have made to Owner; or
- User acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
H. Limitation of Liability
I. Termination of User Access
J. Choice of Law