TERMS OF SERVICE – PRIVACY POLICY
SSJ ART DESIGN
Sandra Strauss Jones Art Design, a Texas Limited Liability Company doing business as SSJ Art Design (“SSJ”), offers for sale one-of-a-kind paintings to individuals, consumers, and businesses. SSJ customers choose from the excellent company website gallery and then check-out through its ecommerce page. The Terms of Service and Privacy Policy (collectively, "TOS") as documented below applies to everyone who accesses the website. Whether customers access this website to create a new account or to access an existing user account in order to purchase any artwork; confirm their agreement to these TOS, confirm that they are of sufficient age and authority to enter into a legally binding agreement, and confirm that they are the owner of their form of payment and are authorized to use the account.
We recommend that all users review these TOS frequently, with the understanding that SSJ will update these terms on an annual basis if not more frequently. Please send questions or comments regarding these Terms of Service to sandra@ssjartdesign.com.
INTELLECTUAL PROPERTY RIGHTS
All paintings are property of SSJ Art Design and cannot be duplicated or reproduced without written approval of SSJ Art Design. Content of http://ssjartdesign.com website, digital, print, and all media including all images of artwork by represented artist and all other image and text files are the sole property of SSJ Art Design. All content are protected by copyright and other restrictions. Any copying, downloading or other use of any protected materials is strictly prohibited without the express, written consent of SSJ Art Design.
GRANT OF LICENSE FOR PERSONAL USE ONLY
Products are sold exclusively for personal use. This means that products can be distributed to friends, family, partners or other contacts, solely for noncommercial purposes and subject to any other limitations. In any event, users may not offer for sale or commercially distribute SSJ products, whether printed or in any other media format, without explicit permission from SSJ.
SSJ ART DESIGN BRANDING
SSJ’s brand name and related logo(s) and taglines, as well as additional names and graphic elements identifying its products, whether registered or unregistered, are owned by SSJ and are protected. Redistribution or replication of any part of the Services, user interfaces, imagery, verbiage, or any graphic, verbal or conceptual element of SSJ’s branding, including aesthetic 'look and feel' elements, is prohibited without SSJ express written consent.
Please send questions or comments regarding intellectual property rights to sandra@ssjartdesign.com.
WARRANTIES
SSJ is continually working to assure that its ecommerce check-out and Services function optimally... However, we cannot control the imperfections of your computer, tablet, phone, or other device, or influence your Internet service provider, cellular network, or the Internet itself, to operate flawlessly. Where SSJ posts or otherwise makes use of comments or information provided by any customer of our Services, it declines to accept any responsibility for the quality or reliability of such content.
ALL MATERIAL, FUNCTIONALITY AND INFORMATION COMPRISING THE SSJ SERVICES AND/OR CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT SHALL SSJ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL SSJ BE RESPONSIBLE FOR DAMAGE, LOSS OR INJURY RESULTING FROM ANY FAILURE OF A USER'S SYSTEM SECURITY, AND/OR UNAUTHORIZED USE OF ANY USER ACCOUNT BY ANY THIRD PARTY.
THE CUSTOMER AGREES THAT IN NO EVENT ABSENT AN EXPLICITLY SUPERCEDING EXTERNAL AGREEMENT TO THE CONTRARY SHALL ANY LIABILITY OF SSJ (OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY PROVIDERS) EXCEED THE TOTAL AMOUNT OF FEES PAID FOR SERVICES AND PRODUCTS DURING THE YEAR PRIORTO THE MAKING OF A CLAIM. OTHERWISE, USERS' SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SSJ’s SERVICES, CONTENT OR PRODUCTS IS TO DISCONTINUE USE OF THE SERVICES AND CONTENT.
PRIVACY AND CONFIDENTIALITY
Customers are responsible for maintaining the confidentiality of any SSJ account they initiate or maintain, and for restricting related access to computers and/or mobile devices signed into accounts. Customers in relation to accounts, passwords, or sales information. Customers who choose to include sensitive information, such as phone numbers, postal addresses, emails, ID numbers or other information that could be used to identify any person, in the check-out process, do so at their own risk. SSJ reserves the right to refuse service, limit service or terminate any account in its sole discretion.
SSJ is responsible for maintaining the security of the data in its possession associated with user accounts and check-out information and will strive to safeguard customer’s personal information in strict accordance with legal requirements and industry best practices. SSJ is committed to compliance with privacy laws and regulations throughout our global community, including but not limited to the U.S. General Data Protection Regulation where applicable.
DATA COLLECTION
SSJ collects personal identifying information typically associated with e-commerce activities: names, emails, physical addresses, phone numbers, Internet Protocol addresses, and payment data. Order related information is retained, including a record of users' orders. While keeping our customers satisfied and encouraging repeat business, we may also collect personal information through users' contacts with our Customer Service personnel as well as their expressions on social media, including voice recordings of any voicemails that our customers may leave while making a call to us. In addition to collecting the types of data that are necessary for maintenance of accounts, creation of personalized Content and providing excellent service, we make various observations that may assist us in targeted marketing activities. We benefit from learning about users' online behavior via tracking technologies as further described in our discussion of Cookies.
PERSONAL INFORMATION
Customer information is not accessed by SSJ staff or associates except 1) where a user provides explicit permission, 2) as required for quality control, internal analysis, customer service, data recovery or technical support, or 3) when required or permitted by law, such as during an emergency, disaster recovery operation or evidentiary inquiry sanctioned under legal authority. Customers always have the right, within 30 days of their request, to view records of their own accounts, including associated personal information, or to delineate limits on transmission and retention of such information, by making such requests via sandra@ssjartdesign.com.
Customers may at any time delete their accounts by contacting sandra@ssjartdesign.com. Deleting an account will make it impossible to review account history or view previously submitted order information. SSJ always will respect any users right to demand compliance with the laws governing personal privacy in their jurisdiction and to be free from retaliation or discrimination resulting from doing so.
SHARING DATA
SSJ DOES NOT SELL USER DATA TO ANYONE. Where we provide personal information to any third party, we generally do so as a matter of operational necessity in utilizing transaction service providers, technology vendors and other associates we trust to maintain the integrity and security of our operations. We also utilize third party tracking technologies that monitor personal data to ensure consistent website operations and provide marketing enhancements as further discussed below. We do not otherwise share user data, personal or otherwise except where 1) we are explicitly authorized by a user to share specific information and 2) such dissemination is otherwise lawful, or 3) where we are required to disclose personal information in response to lawful requests by public authorities based on law enforcement or national security requirements.
Data shared on an as-needed basis with trusted providers of printing, shipping and merchant bank services includes personally identifiable content items as outlined above as well as customer’s billing address, telephone number, and order specifications including shipping address.
LOG FILES
SSJ reserves the right to use Internet Protocol addresses, ie "IP addresses," to analyze trends, administer the Services and associated websites, maintain tools and features, track user activities, improve Services and gather broad demographic information for aggregate use. IP addresses will not be utilized in a manner that delineates personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may log certain non-personal access information including browser type, access times and requested or referred URLs. This information is not shared with third parties and is disclosed among SSJ personnel only to the extent it is necessary for operations and maintenance purposes. No individually identifiable information related to this data will be used in any other way unless SSJ obtains users' explicit written permission.
COOKIES AND CHOICES
SSJ and its service providers use various types of tracking technologies, ie "cookies" as detailed in our Cookie Preferences table, which we will update from time to time as necessary. The tracking technologies listed there are organized according to their purposes. "Essential" cookies implement the basic functionality needed to operate and secure the site. "Functional" cookies enhance user experience in navigating the site and interacting with third party platforms. "Marketing" cookies raise awareness of who we are and what we do and help match our offerings with the interests of our customer base. "Analytics" cookies enable us to monitor, prioritize and optimize operations of our site across various environments and devices.
To assist you in making informed decisions as to whether to accept all cookies in current use or opt out selectively, for detailed terms of service and privacy policies view Shopify's Cookie Policy. SSJ will be pleased to answer questions about cookies and assist with your privacy choices; feel free to inquire via sandra@ssjartdesign.com.
INDEMNIFICATION
Customers shall indemnify and hold harmless SSJ, its contractors and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of users' use of SSJ’s websites, products or other resources, including but not limited to claims arising out of users' violation of these Terms of Service.
LEGAL VENUE AND DISPUTE RESOLUTION
By visiting any website provided by SSJ and utilizing the related Services, customers confirm their agreement that the laws of the state of Texas, USA, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute with SSJ that might arise. Customers further agree that in the event any user is engaged in a dispute with SSJ which cannot be resolved through informal negotiation, before seeking resolution in any court of law, either party to that dispute must first attempt to resolve the matter cost effectively by retaining a mutually acceptable provider of mediation services for up to four hours of mediation sessions. Otherwise, where these more informal measures are not effective, the parties may seek traditional legal and equitable remedies in the appropriate Texas courts.
The following are the sole exceptions to the above legal venue and dispute resolution terms: in situations where SSJ is required to seek an injunction or restraining order, or where a customer has not met payment obligations to SSJ, SSJ may seek legal remedies without prior negotiation or mediation.
PAYMENT POLICY AND SHIPPING
SSJ allows buyers and sellers to use various forms of payments on ssjartdesign.com. SSJ customers can pay with and SSJ can accept payment by credit card, debit card, Venmo, some bank transfer services, PayPal (where available). This policy explains all your rights and obligations when doing business with SSJ.
SSJ partners with PayPal to facilitate card payments and other payments and the disbursement of refunds when needed. The processing time for your payment will vary based on the country in which you’re located. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, SSJ reserves the right to contact you directly and to seek payment.
SSJ may share your personal or transactional information with those third-party service providers for purposes related to payments processing.
By using a third-party service, you may also be subject to an agreement with the third party. For example, PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement.
SSJ payments functionality may be made available, modified, or discontinued by us at any time without notice.
As a security measure, SSJ may impose transaction limits on buyers. For example, SSJ may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. SSJ may also impose limits related to the number of transactions per day or other period of time. SSJ reserves the right to decline or refund transactions that we believe to be high risk, fraudulent, or in violation of trade sanctions.
SSJ does not maintains records associated with transactions on ssjartdesign.com and does not pass any secure data, including credit card numbers or bank account information, to any outside entity.
SHIPPING
Shipping artwork requires special circumstances and no two pieces of artwork have the same packaging or handling requirements. Therefore, it is the policy of SSJ to provide shipping and handling quotes upon completion of the packing. It is not possible to give a quote for the shipping at the time of the purchase, therefore the purchase cost will be paid before the shipping/handling cost. The customer agrees to allow the gallery to quote and charge his/her credit card for the shipping charges separately from the time of purchase. SSJ will contact the customer prior to charging the credit card for shipment. This charge may come from SSJ directly, not through the website, and will be treated as a separate transaction.
Timing of Shipping: SSJ strives to have your artwork shipped as soon as possible, however, each piece of artwork has its own conditions for the timing of shipping. Some common conditions: Original works of art that are physically at the gallery that can be shipped using FedEx,UPS or USPS may be shipped within 5 business days. Artwork requiring special delivery, freight or white glove service from a 3rd party other than FedEX, UPS or USPS is dependent on that 3rd party’s schedule. Custom orders and artwork that is part of a series will have their own timeframe for order fulfilment and shipping. SSJ cannot control the timing of special/custom orders and cannot control the schedules of any third-party shipper or delivery service. SSJ will keep in contact with the client under all circumstances pertaining to the timing and costs of the shipping.
MISCELLANEOUS
If any of these Terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these Terms and the remaining Terms will continue to apply. Failure of SSJ to enforce any of the provisions set out in these Terms of Service, shall not be construed as waiver of such provisions, and shall not affect the validity of these Terms of Service, or the right thereafter to enforce each provision. These Terms of Service shall not be amended, modified, varied, or supplemented in the absence of written notification by SSJ.
NOTIFICATION OF CHANGES
SSJ reserves the right to change these Terms of Service and related Privacy Policy from time to time as it sees fit, and in any event will do so on at least an annual basis. Whenever we post updates, we will alert users on the home page of our websites. Your continued use of the Services and websites will signify acceptance of any adjustment to these Terms. You are advised to regularly review our Terms of Service and Privacy Policy as well as any accompanying communications directed to users.
CONTACT US
Submit Contact Request sandra@ssjartdesign.com
Where appropriate, users addressing privacy matters may request direct contact with our offices.