“PROVIDER” is ART OFFICIAL PHOTOS, DBA Roman Vail or Roman Vail | Creative or designated person through correspondence, estimate, invoicing or official written document, are the representative(s) of ART OFFICIAL PHOTOS. “Client” is any person, body of persons, firm, or Company with whom the PROVIDER enters into a contract for the sale of goods or provision of services by the PROVIDER.
Please carefully read our terms and conditions of use. These constitute a binding agreement between you and PROVIDER. You agree that your use of our www.artofficialphotos.com (or any subdomain) website, or any products or services available on or through any of our sites constitutes acceptance of the terms and conditions listed, below, in this agreement. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this agreement on behalf of that business. You understand that PROVIDER is relying on the fact that you are authorized to enter into this agreement on behalf of that business. When we use the words “you” or “your” in these terms and conditions, we refer to you, individually, and the company you may work for, own or represent. If for any reason or no reason you do not agree to be bound by this agreement, as amended, you must stop using our site. All contracts and transactions between the PROVIDER and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the PROVIDER and all or any of its Clients.
PROVIDER may from time to time amend, supplement or modify these terms and conditions. You must check this agreement periodically for changes. Your continued use of PROVIDER website following the posting of changes will also mean that you accept and agree to the changes.
PROVIDER tries to provide uninterrupted access to our website. However, from time to time, you may be unable to access digital content due to conditions beyond our control. These conditions include, but are not limited to acts of God, power outages, electrical problems and/or the acts of computer hackers and others acting outside the law. Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. Please know that, when one or more of these events occurs, PROVIDER will exert commercially reasonable steps to ensure access is restored within a reasonable period of time.
PROVIDER reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of our website in whole or in part, including, without limitation, any content, availability or access to www.artofficialphotos.com (or any subdomain). You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of our website.
The content and images used on this website are the property of and copyright by ART OFFICIAL PHOTOS, dba Photography & Retouching by ART OFFICIAL PHOTOS. Certain images may be utilized on other websites under the control of the PROVIDER. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from ART OFFICIAL PHOTOS and/or all the creator(s) of the work.
3. Prohibited Conduct:
We expect you to use good judgment when using and accessing our site and its content. Our website and the digital content available on and through it are all governed by copyright laws and other applicable laws. Below is a list of some of the things you may not do. You may not:
• Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects breakwavecreative.com (or any subdomain)’s computers, servers or databases.
• Capture, download, save, upload, print or otherwise retain information or content available on the site except for personal use.
• Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Content available on the Site.
• Transfer our website content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to our website content; or “deep link” to the Site Content.
• Violate or attempt to violate PROVIDER’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of our website or corrupt it in any way.
• Engage in any other conduct which violates the laws of the United States or any foreign jurisdiction (especially copyright laws).
• Use any device not approved by PROVIDER (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users, our websites or our company.
• Use or attempt to use our website or any of our content to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
• Post obscene, harassing, defamatory, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
• Advertise or otherwise solicit funds, goods or services on or through our site.
• Provide any commercial hosting service with access to our site and/or its content or programs.
We reserve the right to monitor use of our website(s) and we may revoke or deny access to any content or programs to any person or entity whose behavior, activities or use of our website or its content violates or appears to violate the prohibited conduct described above. PROVIDER reserves the right to deny nominations for Community 100 and prohibit uploading of content in appropriate circumstances from users who repeatedly infringe content of others by uploading content to any part of this website. Access to content or programs beyond that of normal patterns of use that suggests systematic copying of the materials constitutes prohibited conduct and will result in revocation or denial of access to the Content. The terms “normal patterns” and “abuse” shall be determined solely by PROVIDER.
We report suspicious behavior to and cooperate with civil and criminal enforcement agencies both in the United States and abroad. You hereby consent to monitoring and to the provision of all information about your use of our site to law enforcement and others as may be useful to respond to allegations that our website, content, services or information has been misused or violates the rights of any third party.
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The PROVIDER reserves the right to terminate any assignment without notice if he deems the Client’s behavior to be unruly or unsafe. In such instances, the PROVIDER reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the PROVIDER or his agents for any loss/damage they cause to property or equipment.
4. Absence of Warranties, Express or Implied:
PROVIDER makes no representations or warranties regarding its www.artofficialphotos.com (or any subdomain) website. The digital content available on or through PROVIDER has been compiled by PROVIDER, third parties and other proprietary sources. PROVIDER does not represent or warrant that any content or information is current, complete or accurate.
ALTHOUGH PROVIDER HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON ITS WEBSITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF INFORMATION ON THE WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
5. Disclaimers and Limitations on Liability:
PROVIDER AND www.artofficialphotos.com (or any subdomain) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE, ANY PRODUCTS OR SERVICES ON THE SITE OR THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, DATA AND INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY IMPLIED INDEMNITIES. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU VIEW, DOWNLOAD OR STREAM IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AS A RESULT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR STREAMING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU. HOWEVER, PROVIDER RELIES ON SUCH DISCLAIMERS AND LIMITATIONS ON DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Warranty and Indemnification Obligation of User:
You must have permission to submit any photo or content you provide to the website including the Community 100 portion. By submitting a photograph or content to the community and/or website, You warrant that You have the right to submit it and license us to post it.
You agree that you shall indemnify and hold harmless PROVIDER, its officers, directors, employees and agents, and all entities that have contributed content, information or data to, or provided services on or through PROVIDER and www.artofficialphotos.com (or any subdomain) , against any and all losses, claims, demands, expenses (including reasonable attorneys’ and expert witness fees) or liabilities of whatever nature or kind arising in any way out of your violation of this agreement, any of its terms or conditions or your use of our website, or of the content, or information and data contained therein or provided through it. 7. Third Party Content; Hyperlinks:
Our website(s) may contain links and references to other third party websites and materials. We do not assume any responsibility for these websites or materials and provide these links or materials solely for your convenience. PROVIDER may disable any hyperlink to our site at any time. We reserve the right (but are not obligated), subject to applicable laws, to monitor third party websites and hyperlinks on and to our website.
PROVIDER MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF, NOR ANY IMPLIED INDEMNITIES FOR ANY DATA OR INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, PROVIDER DOES NOT REPRESENT OR WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON A PROVIDER WEBSITE.
8. Copyrights, Trademarks and Other Proprietary Rights:
PROVIDER and/or its third party content PROVIDERs retain all rights throughout the universe in the intellectual property in and on the PROVIDER website, including but not limited to trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the website, its color combinations, layout, and all other graphical elements, and the copyrights in and to its content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by PROVIDER. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the CONTENT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of PROVIDER, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of PROVIDER’s intellectual property except as provided herein.
If you submit any idea, invention, discovery, improvement, trade secret or know-how to PROVIDER, You may forfeit those rights and any applicable moral rights contained in such communication or material.
In accordance with the United States Copyright Laws, the copyright of all images created by the PROVIDER is owned by the PROVIDER. ART OFFICIAL PHOTOS retains all copyright benefit for all images created by our PROVIDERs forever. Copyrights for art (including photographs) do not expire. Unless the PROVIDER gives written authorization, the Client is forbidden by law to copy any images created by the PROVIDER and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the PROVIDER, shall only be carried out by the PROVIDER. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the PROVIDER’s stated payment terms. This means, if one of the images created by our PROVIDERs is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by a PROVIDER from Alpha Beta Photography, the magazine pays you for the image. You owe ART OFFICIAL PHOTOS 100% of that payment + liquidated damages, on demand.
Example #2: You send an image created by a PROVIDER from ART OFFICIAL PHOTOS to a commercial web-site for sale to the public or for other financial gain. You owe ART OFFICIAL PHOTOS 100% + liquidated damages of any and all income derived from use of that image.
If the Client wishes to own the copyright of images created by the PROVIDER, an additional fee will be paid by the Client to the PROVIDER for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is a simple copyright statement be placed near or on the image, and notification of use is communicated to ART OFFICIAL PHOTOS. Non-commercial uses include personal web pages, and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered as commercial or financially beneficial to the user.
The PROVIDER reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
9. Security; Authorized Use:
You may not, directly or indirectly, violate or attempt to violate the security of any PROVIDER website. PROVIDER has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. PROVIDER may immediately suspend your access to the extent possible while it conducts an investigation.
You represent and warrant that you are the person on whose behalf you claim to accept this agreement. As stated earlier in this agreement, if you are entering into this agreement on behalf of a third person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind such person or entity. You also represent and warrant that you are an adult who is legally able to enter into this agreement.
You agree to notify PROVIDER immediately if you are aware of or suspect unauthorized use of our website and/or any content or programs.
10. Term and Termination:
The term of this agreement shall begin on the day that you first access our website and shall continue until terminated by either of us upon notice, which may be given by email. All of PROVIDER’s rights as set forth herein and Your obligations under Section 6 shall survive any termination or expiration of this agreement. Additionally, all of the restrictions on use of our information shall continue to apply to information downloaded from any PROVIDER website or third party PROVIDER until all copies of that information are destroyed by you. In addition to any other rights or remedies PROVIDER may have at law or in equity, PROVIDER may terminate this agreement at any time and at its sole and absolute discretion. PROVIDER may also terminate your access to content or otherwise block or cancel your access to our website without notice if we believe, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or engaged in conduct that PROVIDER deems inappropriate.
11. Privacy Policy:
PROVIDER values your business and patronage. PROVIDER’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide. For more information, please review PROVIDER’s Privacy Policy, the terms of which are incorporated into this agreement as if set forth in full.
12. Miscellaneous:
These terms and conditions of use/agreement constitute the entire agreement between PROVIDER and you regarding the subject matter hereof, and any additional or different terms or conditions set forth in any other document on the subject matter hereof, including without limitation any purchase order, shall be of no effect. Any previous agreement, whether oral or written, between you and PROVIDER dealing with the subject matter hereof is superseded. This agreement may only be modified or amended in writing on this site, by PROVIDER. If any portion of this agreement is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon your breach or threatened breach hereof, PROVIDER may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. PROVIDER’s remedies are cumulative and not exclusive. Failure of PROVIDER to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of this agreement at any later time. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing any PROVIDER website, you agree to and accept this shortening of the statutes of limitations. PROVIDER makes no covenant, representation or warranty that any content on or available through its website is appropriate or available for use in all locations. PROVIDER operates its website from the United States and makes no representation or warranty that its website or operation thereof complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using any PROVIDER website. You may not assign your rights or delegate your duties under this agreement.
13. Governing Law; Dispute Resolution; Forum and Venue:
This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Pennsylvania, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state.
All disputes between you and PROVIDER shall be finally resolved through binding arbitration in Philadelphia, PA. The arbitration shall be conducted by one (1) arbitrator selected under the applicable rules of JAMS. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the New York State Superior Court, NY or the United States District Court for New York, NY. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). PROVIDER may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. PROVIDER shall not have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party
consents to the exclusive jurisdiction and venue of the Pennsylvania Superior Court, Phila or the United States District Court for Philadelphia, PA. for any equitable claim or other action related to or arising from this agreement, or any terms and conditions contained herein. The parties waive all objection and challenge to such venue and personal jurisdiction. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
14. Payment Terms:
a. For all non-account Clients, payment for all products and services provided by the PROVIDER must be made upon completion of the assignment on the day of completion unless otherwise noted.
b. For authorized account holders/previous clients, payment of the PROVIDER’s invoice must be made within 10 days of the date of that invoice, unless otherwise noted in writing or email. The PROVIDER reserves the right to withdraw account facilities and services without notice should the Client fail to pay the PROVIDER’s invoice(s) within 30 days.
c. A deposit of 50% of the total amount of the contract may be expected for scheduled events. The deposit will be at the discretion of the PROVIDER at the time of contract signing and is usually necessary for events that are scheduled some time out.
d. The PROVIDER reserves the right to charge interest on all overdue invoices at a rate of 15%monthly.
14A. Prices & Terms:
a. All prices shown within the PROVIDER’s price list are subject to change without prior notice.
b. The PROVIDER reserves the right to amend these Terms and Conditions without prior notice.
The above conditions and terms constitute the full conditions and terms of any work agreement made between you (client) and ART OFFICIAL PHOTOS or any PROVIDER assigned to you by ART OFFICIAL PHOTOS. By initiating contract for services, you agree to these terms, and agree to indemnify and hold harmless ART OFFICIAL PHOTOS, their agents and the heirs or assigns.
15. Retention of Title:
The PROVIDER reserves the right to retain all of the Client’s materials in his photoshoot until all monies owed to the PROVIDER have been paid in full. Furthermore, the license to reproduce images created by the PROVIDER will also be revoked until payment has been made.
16. Services:
Payment for services is due upon completion of the work.
Example: A PROVIDER is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work you will be invoiced and payment is due. Payment can be made by check or other means agreed prior to the shoot.
If a deposit was taken prior to the work, the amount of that deposit will be shown as a credit on the invoice. Deposits may be required for larger projects or projects involving rental equipment or travel beyond 150 miles one-way or overnight travel.
17. Booking:
a. Booking Days: The PROVIDER may be booked by the Day (eight (8) hours), Half-Day (four (4) hours), or the Hour. The minimum hourly booking is two (2) hours.
b. Confirmed Bookings: All day bookings are computed at eight (8) working hours. Before 8:00 AM and after 6:00 PM or after eight (8) consecutive working hours, time and a half will be charged. After ten (10) consecutive working hours, double time will be charged, unless arrangements have been made in advance. Sunday and legal holidays are billed at time and a half.
c. Preparation & Wrap Time: Preparation time is billed by the hour with a two (2) hour minimum.
d. Travel Time: Travel time is computed at Half-Day rate if booking time is less than a half-day and travel time exceeds sixty (60) minutes or out of Whatcom County for out-of-town locations, travel time to and from bookings is charged at half the day rate.
18. Cancellation Fees:
a. Cancellations: Cancellations forty-eight (48) hours (two (2) working days) in advance will be charged as Half-Day. Twenty-four (24) hours (one working day) in advance will be charged a Full Day Fee. Cancellations of trips, or full week confirmed bookings must be made one week prior to the booking, otherwise a full fee will be charged and full reimbursement will be expected. (e.g. costs incurred from transportation, airplane, etc.)
b. Weather Permit: Type of weather must be specified. A same day cancellation will be charged as a Full Day Fee. Cancellations twenty-four (24) hours in advance will be charged as a Half-Day.
c. In such instances, the PROVIDER may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that he may have incurred prior or during the assignment taking place.
Example: A PROVIDER is scheduled to shoot an event and the event is cancelled the day prior to the agreed time. The client contacts the PROVIDER to advise of the cancellation. At that time, the PROVIDER will charge for a full day of the agreed contract amount, plus 100% of any rental fees or other actual expenses. If the PROVIDER has completed any portion of travel, the client will be invoiced for all travel expenses as if the work had been completed.
If the work is cancelled on or before the day of the scheduled work, for any reason by the PROVIDER, the client agrees to reschedule the work, if possible, at their earliest convenience. The client will not be charged for travel or other any other expenses if the work is canceled by the PROVIDER.
19. Overruns:
The PROVIDER may make additional charges should an assignment overrun which is beyond the control of the PROVIDER
(e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief etc). If the work cannot be completed within the agreed amount of time, Shawn Robins Photography or their agent and the client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.
Example: if a PROVIDER has begun a project and the time agreed in the original contract is not adequate to complete the work, the PROVIDER or the client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If the client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract and payment for the full contracted amount will be due on invoice, regardless of whether images have been created or provided to the client. The client will receive all work product following payment.
20. Completion of the work:
Work is complete when the PROVIDER provides the client with agreed material or services purchased. This includes a CD or DVD, access to a web gallery, and/or prints containing all of the RAW or JPEG images photographed on behalf of the client, as agreed upon prior to the session or in writing. Contact sheets can be provided by request prior to the day of the shoot for an additional charge. Our product is provided in both digital media and print. A web based gallery of images taken for you will be created for the approval purposes unless a contact sheet is requested. Access to web galleries is restricted to clients only. Images may not be copied from the web gallery or used in any form, without express written permission.
21. Delivery of Products and Services:
The supply of products and services are provided by the PROVIDER on a best endeavors basis. The PROVIDER will not be liable for delays that are beyond his reasonable control. The PROVIDER shall use reasonable endeavors to meet agreed deadlines where applicable. The PROVIDER shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
22. Promotional Advertisements and Vouchers: Advertisements and vouchers by ART OFFICIAL PHOTOS are eligible for all discounts and promotions at the time and for the duration of an active campaign by ART OFFICIAL PHOTOS.
—-END—-
PRIVACY NOTICE
[Updated: 2025]
Thank you for choosing to be part of our community at Roman Vail, doing business as ART OFFICIAL PHOTOS (“ART OFFICIAL PHOTOS”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at artofficalimage@gmail.com.
When you visit our website https://www.artofficalphotos.com (the "Website"), use our mobile application, use our social media applications (YouTube, Facebook, TikTok, instagram or the like, as the case may be (the "App") and more generally, use any of our services (the "Services", which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App), as well as any related services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
8. DO WE COLLECT INFORMATION FROM MINORS?
9. WHAT ARE YOUR PRIVACY RIGHTS?
10. CONTROLS FOR DO-NOT-TRACK FEATURES
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
12. DO WE MAKE UPDATES TO THIS NOTICE?
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
1. WHAT INFORMATION DO WE COLLECT?
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services. We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes:
• Log and Usage Data. Log and usage data is service-related, diagnostic usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system configuration information.
• Location Data. We collect information data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type of settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Locations settings on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
• To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
• To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the consent of the testimonial. If you wish to update, or delete your testimonial, please contact us at artofficalimage@gmail.com and be sure to include your name, testimonial location, and contact information.
• Request feedback. We may use your information to request feedback and to contact you about your use of our Services.
• To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
• To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
• Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
• To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
• To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
• Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
• For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
• Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
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More specifically, we may need to process your data or share your personal information in the following situations:
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in. If you are accessing our Services from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above), in and other countries.
If you are a resident in the European Economic Area, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
8. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at artofficalimage@gmail.com.
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you have questions or comments about your privacy rights, you may email us at artofficalimage@gmail.com.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
■ Log in to your account settings and update your user account.
■ Contact us using the contact information provided.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
■ Access your account settings and update your preferences.
■ Contact us using the contact information provided.
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
12. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at artofficalimage@gmail.com or by post to:
Roman Vail ____________________
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.This privacy policy was created using Termly’s Privacy Policy Generator.
