Privacy Policy & Terms and Conditions

Protecting your private information is our priority. This Statement of Privacy applies to www.goldmanfineart.com and Facets of Nature aka Goldman Fine Art and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Facets of Nature aka Goldman Fine Art include www.goldmanfineart.com and Goldmanfineart. The Goldmanfineart website is a Visual Portfolio of Art, Art Projects and Art Related Products by Ken Goldman and Stephanie Goldman’s Fine Art site. By using the Goldmanfineart 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 our Site, Goldmanfineart may collect personally identifiable information, such as your:

–          First and Last Name

–          Mailing Address

–          E-mail Address

–          Phone Number

If you purchase Goldmanfineart’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

Goldmanfineart may also collect anonymous demographic information, which is not unique to you, such as your:

–          Country

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

Goldmanfineart collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Goldmanfineart may also use your personally identifiable information to inform you of other products or services available from Goldmanfineart and its affiliates.

Sharing Information with Third Parties

Goldmanfineart does not sell, rent or lease its customer lists to third parties.

 

Goldmanfineart may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Goldmanfineart 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 Goldmanfineart, and they are required to maintain the confidentiality of your information.

Goldmanfineart 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 Goldmanfineart or the site; (b) protect and defend the rights or property of Goldmanfineart; and/or (c) act under exigent circumstances to protect the personal safety of users of Goldmanfineart, or the public.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by Goldmanfineart. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Goldmanfineart website.

Use of Cookies

The Goldmanfineart website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Goldmanfineart pages, or register with Goldmanfineart site or services, a cookie helps Goldmanfineart to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Goldmanfineart website, the information you previously provided can be retrieved, so you can easily use the Goldmanfineart features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Goldmanfineart services or websites you visit.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information

Goldmanfineart secures your personal information from unauthorized access, use, or disclosure. Goldmanfineart uses the following methods for this purpose:

–          SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Children Under Thirteen

Goldmanfineart does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

E-mail Communications

From time to time, Goldmanfineart may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.

If you would like to stop receiving marketing or promotional communications via email from Goldmanfineart, you may opt out of such communications by clicking on the UNSUBSCRIBE button.

External Data Storage Sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Changes to this Statement

Goldmanfineart reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information

Goldmanfineart welcomes your questions or comments regarding this Statement of Privacy. If you believe that Goldmanfineart has not adhered to this Statement, please contact Goldmanfineart at:

Facets of Nature aka Goldman Fine Art

3939 La Salle St.

San Diego, California 92110

Email Address:

goldman@goldmanfineart.com

Telephone number:

619-223-3930

Effective as of May 23, 2018

TERMS AND CONDITIONS

BY VISITING Facets of Nature aka GOLDMAN FINE ART and WWW.GOLDMANFINEART.COM, YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.

Overview:

The terms “we,” “us,” and “our” refer to Facets of Nature aka GOLDMAN FINE ART and GOLDMANFINEART.COM.

The term the “Site” refers to Facets of Nature aka GOLDMAN FINE ART and WWW.GOLDMANFINEART.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

The term “Service” refers to all areas of the Site, including but not limited to, the blog, digital products for sale, physical products for sale, membership areas and opt-in email newsletter service.

Use of Facets of Nature aka GOLDMAN FINE ART and WWW.GOLDMANFINEART.COM, including all materials presented herein and all online services provided by GOLDMANFINEART, 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, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site and Service:

To access or use the Site, you must be 18 years of age 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 related to all services and products provided by GOLDMANFINEART, and other information, are subject to change.

GOLDMANFINEART makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. GOLDMANFINEART disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

Account Creation:

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to GOLDMANFINEART will always be accurate, correct, and up to date.

Lawful Purposes:

You may use the Site and Service for lawful purposes only. 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:

The Services are offered subject to our acceptance of your order or requests.

We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Order Confirmation:

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Cancellations, Refunds & Returns:

Cancellations, refunds and returns are specified for each individual product or service, unless otherwise stated.

In the event that no policy is defined, cancellation, refunds and returns are treated on a case-by-case basis, and are not guaranteed.

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, and 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. 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.

Intellectual Property Rights to Your Materials:

We claim no intellectual property rights over the material you supply to Facets of Nature aka GOLDMAN FINE ART and GOLDMANFINEART.COM. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Facets of Nature aka GOLDMAN FINE ART and GOLDMANFINEART.COM remains yours to the extent that you have any legal claims therein.

You agree to hold Facets of Nature aka GOLDMAN FINE ART and GOLDMANFINEART.COM 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. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

Our Intellectual Property:

The Site and Service contain intellectual property owned by Facets of Nature aka GOLDMAN FINE ART and GOLDMANFINEART.COM, including trademarks, copyrights, proprietary information, and other intellectual property. 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 Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

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 DAMAGE S ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Facets of Nature and GOLDMAN FINE ART IS NOT LIABLE FOR DAMAGE S 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 Facets of Nature and GOLDMAN FINE ART HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES OR COUNTRIES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGE S, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Facets of Nature and GOLDMAN FINE ART’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM Facets of Nature and GOLDMAN FINE ART, AND IF NO PURCHASE HAS BEEN MADE BY YOU Facets of Nature and GOLDMAN FINE ART’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $1.

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 Facets of Nature aka GOLDMAN FINE ART and GOLDMANFINEART.COM. 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, attorney’s 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.

Entire Agreement; Waiver:

This Agreement constitutes the entire agreement between you and Facets of Nature aka GOLDMAN FINE ART and GOLDMANFINEART.COM pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Facets of Nature aka GOLDMAN FINE ART and GOLDMANFINEART.COM 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 Facets of Nature and GOLDMAN FINE ART.

Notices:

All notices, requests, demands, and other communications under this Agreement shall be in EMAIL and properly addressed as follows:

GOLDMAN@GOLDMANFINEART.COM

Governing Law; Venue; Mediation:

This Agreement shall be construed in accordance with, and governed by, the laws of the United States of America as applied to contracts that are executed and performed entirely in United States of America. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be San Diego County, United States of America. 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 The CPR Institute for Conflict Prevention & Resolution 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 attorney’s 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.

Updated: May 2018

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