Terms of Use and Privacy Policy

lllinked.art and shop.lllinked.art

Last updated: September 13, 2021

This Terms of Use for Website (“Site”) and this Privacy Policy (“Terms of Use” and “Privacy Policy”) is effective on the last date shown herein and is entered into by and among Studio Fiveighteen, LLC (“Owner”) and you, the user (“User”) of this Site.

PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY ACCESSING AND/OR USING THE SITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME), YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTIONS BELOW.

Definitions

As used in this Terms of Use and Privacy Policy:

  1. Account means the process of registering and providing User information to access this Site.
  2. 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.
  3. Cookies means small files that are placed on the User’s computer, mobile device or any other device by website, containing the details of the User’s browsing history on this Site. Certain cookies are essential to the use and functionality of this Site. This Site uses both Session, Persistent, Notice Acceptance, Functionality Cookies and Web Beacons to provide User with services from this Site and to use some of the Site’s features. Session cookies help authenticate users and prevent fraudulent use of User accounts; Cookies and Notice Acceptance cookies identify User’s acceptance of the use of cookies on this Site; Functionality cookies remember selections made by User for a more personal experience on this Site; Web beacons count users who have visited web pages or opened an e-mail by the administrator or Owner of this Site.
  4. 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.
  5. 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.
  6. Owner means Studio Fiveighteen, LLC, its successors and assigns.
  7. 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.
  8. 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.
  9. 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,
    • location,
    • mailing address,
    • phone number,
    • city,
    • state,
    • zip code,
    • country,
    • photographs,
    • usage data,
    • social media handles.
  10. Personal Data Retention means Owner will retain User’s personal data only for so long as necessary for the purposes set forth in this Terms of Use and Privacy Policy, and for internal analysis purposes. User usage data may be retained for less time than personal data except for security or other reasons. User personal data may be stored in a User profile, if a profile feature is available on this Site. User may view, edit or delete a User profile at any time. An administrator of this Site has access to and edit User information for any legitimate business purpose related to the use of this Site.
  11. 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.
  12. Privacy Policy means the statement of Privacy Policy, as amended from time to time.
  13. 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.
  14. Registration Information means the information, including username and password, required of a User to complete the Registration process.
  15. 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.
  16. Site Content means all text, graphics, video, audio, links, communications, and other information contained on the Site.
  17. Terms of Use means the terms and conditions governing the use of and access to the art, images, data, personal identifiable information, without limitation, usernames, passwords, e-mail address, and other information (“Website Content”) from https://lllinked.art and https://shop.lllinked.art (collectively “Website”).
  18. User means you, yours, and an individual or business that accesses or uses the Site.
  19. 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.
  20. Website or Site means https://lllinked.art and https://shop.lllinked.art (collectively “Website” and “Site”).

A. Terms of Use

Access to the Site including, without limitation, the Site Content is provided for your consumer use only. When using the Site, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Site Content for any purpose whatsoever without obtaining prior written consent from Owner or, in the case of third-party content, its respective owner. User acknowledges that User does not acquire any ownership rights by downloading or printing Site Content. User acknowledges that the purchase of any visual artwork from this Site does not convey a transfer of any copyright, intellectual property right, or other property right from Owner to User.

Except as expressly permitted in these Terms of Use, you may not:

  1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Site or its related Site Content;
  2. 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;
  3. 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;
  4. Collect or harvest any personally identifiable information from the Site including, without limitation, usernames, passwords, email addresses;
  5. Solicit other users to join or become members of any commercial online service or other organization without Owner’s prior written approval;
  6. Attempt to or interfere with the proper working of the Site, impair, overburden, or disable the same;
  7. Decompile, reverse engineer, or disassemble any portion of the Site;
  8. Use network-monitoring software to determine architecture of or extract User data or usage data from the Site;
  9. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity without permission;
  10. Violate state, federal, or international laws, including U.S. export laws; and
  11. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.

B. Privacy Policy

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:

  1. The name of the domain from which User accesses the Internet;
  2. The date and time User accesses the Site; and
  3. 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:

  1. help deliver advertisements to you that you might be interested in;
  2. prevent you from seeing the same advertisements too many times; and
  3. understand the usefulness to you of the advertisements that have been delivered to you.

Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies and web beacons are governed by each third party’s specific privacy policy, not this Privacy Policy.

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.

G. Indemnification

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:

  1. your access to or use of the Site;
  2. User Data provided by you or through use of your Account;
  3. any actual or alleged violation or breach by you of these Terms of Use or Privacy Policy;
  4. any actual or alleged breach of any representation, warranty, or covenant that you have made to Owner; or
  5. 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

UNDER NO CIRCUMSTANCES SHALL OWNER, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED, SUCCESSORS AND ASSIGNS COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS OF USE AND PRIVACY POLICY. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT IS TO STOP USING THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SITE OR ANY LINKS ON THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE SITE.

I. Termination of User Access

Owner reserves the right in its sole discretion and at any time to terminate or suspend User’s account and/or block User’s access to the Site for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use and Privacy Policy. User agrees that Owner shall not be liable to User or any third party for any termination or suspension of User’s account or for blocking User’s access to the Site for any duration of time.

J. Choice of Law

These Terms of Use and Privacy Policy shall be construed in accordance with the laws of the State of Iowa without regard to the conflict of laws rules.

K. Sole Terms of Use and Privacy Policy

This Terms of Use and Privacy Policy as posted on this Site is the sole statement of Owner’s privacy policy. With respect to this Site, no summary, modification, restatement, or other privacy statement or policy, in any form, is valid unless Owner posts a new or revised policy to the Site.

Contact Us

If you have any questions about this Terms of Use and Privacy Policy, you can contact us by email at legal@lllinked.art.

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