Welcome to The Artistic Fuel Foundation. We are a nonprofit organization dedicated to:
Promoting the development and display of, and furthering knowledge about, the traditionally recognized “seven arts” of architecture, sculpture, painting, literature, music, performing, and film, as well as all other forms of artistic expression, however titled or categorized, including, for example, works commonly labeled as “crafts”;
Promoting education about and in the arts;
Encouraging and assisting individuals to explore their artistic abilities, interests, and talents;
Providing a platform on which individuals may display their artistic abilities and creations;
Donating funds to other tax-exempt organizations having goals and objectives similar or complementary to ours; and
Acquiring, by lease, purchase, donation or otherwise, real property for the primary purpose of developing a place for the education about and the display and performance of the arts.
In these Terms, we are referred to sometimes as “we,” “our,” or “us,” and sometimes as the “Foundation.”
By using, visiting, browsing, or otherwise accessing THE website or USING Our Services you accept and agree to these terms. If you do not agree to all of these Terms, including the mandatory binding arbitration provisions and class action waiver in section 12, do not access THE website or USE OUR Services.
SECTION 1. OUR SERVICES; LICENSE; EXCLUSIVE RIGHTS
1.1 Our Services. “Our Services” means the Website and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages, and other materials, products, services, and technology owned by the Foundation or any of its aﬃliates, licensors, partners, or end-users and made available to you by the Foundation. Some or all of Our Services may not be available in your location, may vary among locations, and may not be appropriate or available for use in any or all locations. In our sole discretion, but without any obligation to do so, we may provide upgrades, updates, and maintenance of and support for Our Services.
1.2 License. Subject to these Terms, we are pleased to grant to you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use Our Services solely for your personal, non-commercial use. You agree not to access or use Our Services through any interface other than the one we provide specifically for that purpose. Without prior written permission from us, which we do not have to give, no other use is permitted. Your permission to access and use Our Services is, and at all times will be, contingent upon your complying with these Terms.
1.3 Our Exclusive Rights. We, and our aﬃliates, licensors, and partners, exclusively own and hold all rights, title, and interest in and to Our Services, including any and all intellectual property, proprietary rights and derivatives, revisions, enhancements, modiﬁcations, and condensations of Our Services. You understand and agree that you do not have, and you will not receive or otherwise acquire, any ownership or other rights in Our Services other than the right to access and use Our Services in accordance with and subject to these Terms. You also agree that you will not directly or indirectly contest our ownership of Our Services.
SECTION 2. PAID SUBSCRIPTION
2.1 Paid Subscription. We may in the future oﬀer a paid subscription service that will provide you with certain benefits, opportunities, and services in addition to those available to users of our free service. We will notify you by email when the paid subscription service is available. It is therefore important that we have your current email address.
SECTION 3. YOUR OBLIGATIONS
3.1 Your Information. You agree to (a) provide accurate, current, and complete information about you (“Your Information”) in your Foundation account and on Our Services on any registration form we request; (b) maintain the security of your password and user name; (c) maintain and promptly update Your Information and any other information you provide to us and keep it accurate, current, and complete; (d) comply with these Terms and all applicable laws, rules, regulations, and governmental orders; and (e) accept all risks of unauthorized access to Your Information. You have sole responsibility for the adequate protection and backup of data and for the equipment, hardware, software, infrastructure, internet connections, technology, and other services you use to access or connect with Our Services. You are responsible for all activities that occur using your password, username, or Foundation account, regardless of whether those activities are undertaken by you or someone else.
3.2 Your Responsibility. You are entirely and exclusively responsible for all information you upload, display on, post to, or otherwise transmit by or through Our Services. You agree not to upload, post, or otherwise transmit by or through Our Services any information that (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, oﬀensive, harassing, or otherwise objectionable to us or other users of Our Services; (b) is fraudulent, false, or misleading, including, for example, asking for money under false pretenses, impersonating someone else, or manipulating Our Services to affect rankings, ratings, or comments; (c) includes unauthorized disclosure of personal information or violates any law, rule, regulation, or governmental order; (d) violates or infringes upon anyone’s intellectual property, publicity, or other rights; (e) is tortious; or (f) contains software viruses, malware, or any other computer code, ﬁles, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. We reserve the right, without notice to you, to edit or remove any information that contains third-party commercial advertisements or, in our judgment, violates any provision of this Section 3.2.
3.3 Prohibited Use of Our Services. You agree not to use Our Services to (a) transmit spam or bulk or unsolicited email, postings, contact requests, text messages, or instant messages; (b) engage in any activity that exploits, harms, or threatens to harm children; (c) pretend to be the Foundation or someone else; (d) spoof the Foundation’s or someone else’s identity; (e) forge headers or otherwise manipulate identiﬁers (including URLs) in order to disguise the origin of any content; (f) misrepresent your aﬃliation with a person or entity; (g) disrupt Our Services or otherwise act in a manner that negatively aﬀects anyone else’s ability to use Our Services; (h) engage in activities that would violate any ﬁduciary relationship; any applicable local, state, national, or international law; or any regulation or governmental order having the force of law; (i) compromise, or attempt to compromise, the security of any networked account or site, operate an illegal lottery or gambling operation, or stalk or make threats of harm; (j) collect, store, or provide to us any personal data about any other user of Our Services unless expressly authorized in writing by both that other user and us; or (k) engage in any activity that violates the privacy of others.
SECTION 4. CONTENT
4.1 Your Content.
(a) Any and all content, ratings, feedback, preferences, or other information or services (“Your Content”) you provide to us remains solely yours. We do not, and will not, own any of Your Content. We are not responsible for Your Content; you are.
(b) Our Services may allow you to store or share Your Content or receive material from others. When you share Your Content with other people, you understand they may be able to use, save, record, reformat, reproduce, broadcast, transmit, share, or display Your Content without compensating you. If you do not want others to have that ability, do not use Our Services to share Your Content. You represent and warrant to us that you have, and for so long as you are a subscriber to Our Services or have a Foundation account will have, all the rights necessary for Your Content that is uploaded, stored, or shared on or through Our Services, and that the collection, use, and retention of Your Content will not violate any law or rights of others. We are not responsible for material others upload, store, or share using Our Services.
4.2 Third-Party Content. You may ﬁnd third-party content or links to third-party internet sites or resources on Our Services. We are not, and will not be, responsible for activities of third parties or the availability of any third-party content, links, or external sites or resources, and we do not endorse, and will not be responsible for, any content, advertising, products, or other materials available from third parties or on their sites or resources. We are not, and will not be, directly or indirectly liable for any actual or alleged damage or loss caused by or in connection with your use of or reliance on third-party content.
SECTION 5. INDEMNITY
5.1 Indemnity. You agree to indemnify, defend, and hold harmless the Foundation and its subsidiaries, aﬃliates, licensors, members, managers, employees, partners, and suppliers, and their respective shareholders, oﬃcers, directors, members, managers, agents, licensors, suppliers, customers, alliance members, partners, employees, and representatives, from any and all claims made or brought by any third party, including lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, and demands, and all costs and expenses, including reasonable attorneys’ fees and court and arbitration fees and expenses, directly or indirectly caused by, relating to, or arising out of (a) Your Information, Your Content, or any other information or materials you provide to us; (b) your access to or use of Our Services; (c) your violation of these Terms; or (d) your violation of the rights of others.
SECTION 6. CHANGE OF TERMS; TERMINATION OF OUR SERVICES
6.1 Our Right to Change Terms. We may make changes to these Terms periodically. If we make material changes, which means changes that could have an important impact or effect on you, we will post those changes to the Website and update the “Effective Date” these Terms. We may, but are not obligated to, also notify you of changes by sending an email notification of changed Terms to the email address associated with your user account. Therefore, it is important that you keep your account information, including your email address, up to date. A material change to these Terms will be automatically effective 30 days after the changes are first posted to the Website or, for users who register or otherwise provide opt-in consent during the 30-day period, at the time of registration or consent, respectively. Your continued access to the Website or use of Our Services after a change becomes effective confirms your acceptance of the change. If you are dissatisfied with any change to these Terms, your only remedy is to stop accessing the Website and using Our Services.
6.2 Our Right to terminate Our Services. If you violate any of these Terms, we have the right to immediately terminate your right to access the Website and use Our Services without prior notice to you. We will not be liable to you or any third party for any deletion, modiﬁcation, limitation, suspension, or termination of any or all of Our Services, or any related information or ﬁles, or any loss of related information. SECTION 7. ADVERTISEMENTS AND PROMOTIONS
7.1 Advertising. We may run advertisements and promotions on Our Services, including on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than the Foundation you find on or through Our Services are solely between you and the advertiser or other company. We will not be responsible for any loss or damage of any type you or anyone else suffers or incurs as the result of any such dealings or as the result of the presence of advertisements or promotions, or links to advertisements or promotions, on Our Services.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS
8.1 No Reproduction or Unauthorized Use of Our Services. Except as expressly authorized in writing by us, you must not reproduce, link to (by hyperlink or otherwise), modify, rent, copy, lease, loan, license, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display, or create derivative works of any or all of Our Services by any means. You must not, for example, publish any of Our Services, or the link to any of Our Services, on any internet, intranet, or extranet site or incorporate any of Our Services in any product, database, compilation, archive, or cache. You must not modify, decompile, or reverse engineer any software we disclose to you, and you must not remove or modify any copyright or trademark notice or other notice of ownership. You must not attempt to circumvent any content protection mechanism or digital rights management system.
8.2 Foundation Trademarks.
(a) “Foundation Trademarks” means all names, marks, brands, logos, colors, designs, trade dress, slogans, and other designations we use in connection with Our Services. You agree to comply with all Foundation Trademarks usage requirements that are in eﬀect at any time and from time to time. You must not use, remove, or alter any Foundation Trademarks or co-brand your own products or material with Foundation Trademarks without our prior written consent, which we do not have to give.
(b) You acknowledge our rights in Foundation Trademarks and agree that any use of Foundation Trademarks by you must benefit only us. You agree not to incorporate any Foundation Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations for use on or in connection with computer or internet-related products, services, or technologies.
8.3 Intellectual Property Rights of Others. We are committed to respecting the intellectual property rights of others, and we require our users to do the same. If you believe your work has been copied in a way that constitutes a copyright infringement of Our Services, please contact our Copyright Agent at email@example.com.
8.4 Reservation of Rights. Except as expressly provided in these Terms, we do not grant you a license or any other rights of any type with respect to Our Services or any other product, content, or technology or under any patents, know-how, copyrights, trade secrets, trademarks, or other intellectual property owned or controlled by us or any related party, and no such right or license, express or implied, is, or will be, granted to you by operation of law. Nothing in these Terms is intended, or should be construed, to be a waiver or release of your past, present, or future obligations to acquire those rights or licenses only from us.
SECTION 9. DISCLAIMER OF WARRANTIES
9.1 No Representation or Warranty by the Foundation; Your Assumption of Risk.
(a) Your access to and use of Our Services is solely at your risk unless otherwise expressly stated in these Terms. You understand and agree that Our Services are provided “as is” and “as available” without express or implied warranty or condition of any kind. We make no representations as to, and we disclaim all warranties or conditions of, merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement.
(b) You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We make no warranty or representation that (i) Our Services will be uninterrupted, accurate, complete, current, free of viruses or other harmful components, timely, secure, or error-free; (ii) any results that may be obtained from the use of Our Services will be accurate, complete, current, free of viruses or other harmful components, timely, secure, error-free, or reliable; (iii) the quality of the services, content, information, products, or other material purchased or obtained from or through Our Services will meet your expectations or requirements; or (iv) any errors or defects in Our Services will be corrected.
(c) You assume all risk for damage to your computer system or property and for loss of data that results from your use of Our Services, including damage or loss caused by changes to Our Services or resulting from malware, viruses, or other harmful components.
SECTION 10. LIMITATION OF LIABILITY
10.1 Limitation of Liability; Application of Local Law.
(a) In no event will the Foundation, or its officers, members, directors, employees, affiliates, successors, assigns, or licensors, be liable for (i) any indirect, special, incidental, punitive, consequential, or exemplary damages; (ii) any loss of use, business, data, or profits, whether direct or indirect, arising out of the use of, or inability to use, Our Services, any devices, third-party applications, or third-party application content, regardless of legal theory, even if we have been warned of, or reasonably could have foreseen, the possibility of those damages, and even if a remedy fails of its essential purpose; (iii) the cost to procure substitute goods and services as a result of any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from Our Services; or (iv) statements or conduct of any third party, including unauthorized access to or alteration of transmissions or content, malicious or criminal behavior, or false or fraudulent transactions.
(b) To the extent that the applicable laws of a jurisdiction do not allow the exclusion or limitation of direct, incidental, or consequential damages; or the exclusion or limitation of statutory rights or damages for fraudulent misrepresentation, portions of the above limitations or exclusions may not apply, but only to the extent that an exclusion or a limitation is not allowed by applicable law.
SECTION 12. DISPUTE RESOLUTION; Binding Arbitration; Class Action Waiver
12.1 Dispute Resolution. By using Our Services, you agree that if there is any controversy, claim, action, or dispute arising out of or related to your access to or use of Our Services, or the breach, enforcement, interpretation, or validity of these Terms, or any part of them, other than disputes related to or involving our intellectual property (a “Dispute”), you and we will first try in good faith to settle the Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven days in which to respond to or settle the Dispute.
Our address for notice of Dispute is: The Artistic Fuel Foundation, Inc. 215 Depot Court, S.E. Leesburg, VA 20175
You understand and agree that this Dispute resolution procedure is a condition precedent that must be satisfied before either you or we may initiate litigation or file a claim against the other party.
12.2 Binding Arbitration.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE DISPUTE WILL BE DECIDED SOLELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU WILL NOT HAVE THE RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS; RIGHTS OF DISCOVERY AND APPEAL WILL BE MORE LIMITED THAN THEY WOULD BE IN A COURT; AND YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, or enforceability of these Terms, including any claim that all or any part of these Terms are void or voidable, with the exception of Disputes related to or involving our intellectual property.
It is important you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against us, then, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. And if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds that you acted in bad faith or committed fraud, in which case, we have the right to ask the arbitrator to award us our attorneys’ fees and costs.
Any arbitration between you and us will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Procedures then in force (the “AAA Rules”) and will take place before a single arbitrator in Loudoun County, Virginia. The provisions of these Terms will govern to the extent they conflict with the AAA Rules. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at www.adr.org.
There will be an in-person hearing before the arbitrator. If, however, the claim is for $25,000 or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless the arbitrator finds good cause to hold an in-person hearing instead.
12.3 Class Action Waiver. It is also important you understand and agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless we agree otherwise, which we do not have to do, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of the limitations of this Section 12 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
12.4 Confidentiality. All documents and information disclosed in the course of the arbitration must be kept strictly confidential by the recipient and not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s award, and must not be disclosed except in strict confidence to persons who have a need to know or as required by applicable law.
12.5 Enforceability. If the arbitration provisions of these Terms are invalidated in whole or in part, you and we agree that the exclusive jurisdiction and venue described in Section 13.3 will govern any claim in court arising out of or related to a Dispute. If any part of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, this Section 12 will be unenforceable in its entirety. The provisions of this Section 12 will survive cancellation of your Foundation account.
12.6 Limitation on Time to bring a Claim. To help resolve any issues between you and us promptly, you and we agree to bring any claim arising out of or relating to these Terms, our relationship, or your access to the Website or use of Our Services within one year after the claim arises; otherwise, the claim is permanently barred. This limitation applies regardless of the venue in which the claim is or could otherwise be asserted.
This Arbitration Agreement applies only to users in the United States. SECTION 13. MISCELLANEOUS MATTERS
13.1 Entire Agreement; Modification; No Assignment.
(a) These Terms express the entire agreement between you and us relating to your use of and access to Our Services, and completely replace all prior understandings and agreements between you and us regarding your use of and access to Our Services. Furthermore, the express provisions of these Terms supersede any course of performance or usage of trade that may be inconsistent with any of those express provisions.
(b) You may not assign or otherwise transfer any of your rights or obligations under these Terms without our prior written consent, which we do not have to give. Any assignment you make, or attempt to make, without our prior written consent will be void and unenforceable.
13.2 Equitable Relief. You acknowledge and agree that any material breach of Section 3.3 or Section 8, will result in irreparable harm to us for which damages would be an inadequate remedy and, therefore, in addition to other rights and remedies that may be available to us under these Terms or at law, we will be entitled to equitable relief, including a preliminary or permanent injunction and specific performance. You waive any requirement for the posting of a bond or other security by us if we seek an injunction.
13.3 Controlling Law. The laws of the Commonwealth of Virginia and the United States of America govern these Terms, without regard to choice or conflicts of law principles, and the Federal Arbitration Act governs all provisions of these Terms relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Loudoun County, Virginia, for all Disputes that are not subject to mandatory arbitration under Section 12 or are otherwise eligible to be adjudicated in a court.
13.4 Export Laws. You must comply with all domestic and international export laws and regulations that apply to Our Services, which include restrictions on destinations, end users, and end use.
13.5 Survival of Terms. Sections 5.1, 8, 10 and 12 will survive the cancellation of your Foundation account.
13.6 Non-Exercise; Invalidity. Any express waiver of or failure to exercise promptly any right or remedy provided in these Terms, at law, or in equity will not create a continuing waiver or any expectation of non-enforcement. All of these Terms apply to the maximum extent permitted by relevant law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be removed from these Terms as though that provision did not exist, and its removal will not affect the validity and enforceability of the remaining provisions.
13.7 Interpretation. Section titles used in these Terms are for reference purposes only and will not be considered in any interpretation of these Terms. Pronouns used in these Terms are intended to refer to and include the appropriate number and gender, as the identity of the parties or the sense of the context may require. Cross references in these Terms to “Sections” are references to the sections of these Terms and not any other document. As used in these Terms, “including” means “including, but not limited to,” or “including, without limitation,” is for example only and is not intended to be restrictive.
13.8 English Language. This English language version of these Terms governs your relationship with us, and any translation of these Terms, or any of its provisions, into another language will not be binding on us.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, The Artistic Fuel Foundation experience will be better for all users. If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org., S.E.
There are many different ways you can use our services. You can search for and share information, communicate with other people or create new Content. When you share information with us, for example by creating an Artistic Fuel account, we can make those services even better by helping you connect with people or sharing with content others quicker and easier. As you use our services, we want you to be clear how we are using the information you provide and the ways in which you can protect your privacy.
Certain capitalized terms are used, but not defined, in this Policy. They have the same meanings as in the Terms of Service Agreement (“Agreement”) you entered into with us when you first used or accessed our Services.
This Policy applies to all of the Services, regardless of how and to what extent you use them and regardless of whether you do or do not register for an Artistic Fuel account. This Policy only applies to how we collect, store, share and use information. It does not apply to any entity we do not own or control or to any person we do not employ or manage. If, at any time during the course of using the Services, you are directed to a third-party site, you understand and agree that the policies of the third-party site govern.
TYPES OF INFORMATION WE PROCESS
Information you give us: We may collect information you provide (such as name, email address, and phone number) or otherwise make available to us when you use or access the Services, such as when we require you to sign up for an Artistic Fuel account or update your account or user profile information. When you do, we may ask for personal information, such as your name, email address, telephone number and home address. If you want to take full advantage of the sharing features the Services offer, we might also ask you to create a publicly visible profile, which may include your name and photo. You may also be asked to provided certain personal information when you use the Services to search for or view artwork or other items, follow artists, galleries, institutions or other users, place bids in an auction or otherwise perform transactions or communicate with other users; or when you link your Artistic Fuel account to your account on another social media service, in which case we may obtain your username on that service and other information you make publicly available through that service, or communicate with us.
Information from your use of the Services: We may automatically collect certain information about how you access or use the Services, and by using the Services, you consent to the collection of that information. Examples of that information include device-specific information (such as your hardware model, operating system version, unique device identifiers and mobile network information, including phone number); log information (such as your search queries; telephone log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls; Internet protocol address; system activity, hardware settings, browser type and browser language and the date and time of your request and referral URL; and cookies that may uniquely identify your browser or your Artistic Fuel account).
Location storage: We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
Information from Other Users. If you use our Services to communicate with another user or perform a transaction with another user, we may obtain information or feedback from them about their interaction with you (for example, whether you were responsive to their communications or completed a transaction with them). Also, when users share content through the Services, if it contains information about you, we will receive that information as well. More information about user content is provided below.
Information from other sources: We may obtain information about you from certain third-parties (such as other companies with which we jointly offer services or conduct promotional events), third-party service providers, credit bureaus or other sources., This information may include demographic information, contact information, open data, publicly available data and credit check information. We may use this information for legitimate business purposes such as the performance of a contract, customer support, fraud prevention and credit-related decisions in connection with the Serves.
Information from mobile use: When you access the Services on a mobile device, we may obtain information about your location and mobile device, including a unique identifier for your device. In addition to other purposes described in this Policy, we may use this information in order to customize the Services, content and marketing for your location.
HOW WE USE THE INFORMATION WE COLLECT AND WHY
The information we collect helps us provide, maintain, protect and improve the Services; develop new Services; provide customer support; and make the Services more efficient for you and other users.
We may use the name you provide for your Artistic Fuel profile across all of the Services that require an Artistic Fuel account. In addition, we may replace past names associated with your Artistic Fuel account so that you are represented consistently across all the Services. If other users already have your email or other information that identifies you, we may show them your publicly visible Artistic Fuel Profile information, such as your name and photo.
When you contact us, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about the Services, such as letting you know about upcoming changes or improvements.
We use information collected from cookies and other technologies, such as pixel tags, to improve your user experience and the overall quality of the Services. When showing you tailored ads, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.
We will ask for your consent before using information for a purpose other than those that are set out in this Policy.
TRANSPARENCY AND CHOICE
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can review and control certain types of information tied to your Artistic Fuel Account by using the Artistic Fuel Dashboard to view and edit ad preferences, such as which categories might interest you, using Ads Settings; opt out of certain advertising services; see and adjust how your Artistic Fuel Profile appears to others; and control who you share information with.
Take information out of many of our services.
You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it is important to remember that that the Services may not function properly if you disable your cookies.
It is important you know why we collect your personal information, so that you may make informed decisions regarding your use of the Services. In addition to the other uses of your personal information described elsewhere in this Policy, we may use the information we obtain from or about you to provide the Services to you, including new Services we develop later; to provide you with customer support; to facilitate your communications or transactions with us or with other users; to operate, improve and customize the Services, Content and marketing; to develop new Services; to understand how you use and interact with the Services and Content, and the products, services and Content of others; to develop and display more customized Content and ads to you on or off the Services; to promote and maintain a trusted, safer and more reliable environment on the Services (for example, to help detect, prevent or otherwise address fraud, security or technical issues; conduct investigations or risk assessments; or verify actions taken by you or associated with your account); to contact you (by email, postal mail, telephone, mobile devices, SMS text message or as otherwise authorized by you) in order to address issues with your Artistic Fuel account or use of the Services, collect fees, send you updates about the Services or our policies, or for other purposes permitted by law; to contact you (by email, postal mail, telephone, mobile devices, SMS text message or as otherwise authorized by you) in order to send you marketing communications, promotional messages and offers about the Services and Content, and the products, services, and Content of others; to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us; to comply with our legal obligations, resolve disputes or enforce the Terms or any other Artistic Fuel policies or agreements with users; to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent.
We provide registered users with settings on the Services to control whether they receive certain communications from us. If you do not want to receive marketing email from us, you can unsubscribe by following the unsubscribe link in the email you receive, changing your preferences in your profile and account settings (if you have registered for an Artistic Fuel account) or emailing us. Please note that opt-out requests may take up to five (5) business days to process. You may not be able to opt out of receiving some communications from us, such as email about your account, your relationship with us or your transactions. For further information, please contact us at _____@ artisticfuel.com. However, unsubscribing from receiving emails from us may result in a less robust experience with the Services.
ACCOUNTS AND USER PROFILES
Registration, Access and Records: To register for an Artistic Fuel account, you will need to provide your full name and a valid email address. If you have received our permission to use the Services as a business, you may need to provide additional information. If you have an Artistic Fuel account, you may access, add, remove or update certain information about you in your profile and account settings. It is your responsibility to update your personal information to keep it accurate and current. When you update your account or profile information, we may keep a record of the unrevised information for purposes consistent with this Policy. If you wish to cancel your account, you may do so by using the tools provided in your profile and account settings, subject to the Terms and any other agreements between you and us. If you terminate your account, we may keep a record of any or all information associated with you or your account, as required or permitted by law, for purposes consistent with this Policy; specific account data that includes personal information including your name, e-mail, contact information and certain other records such as settings and collector profiles will be removed at such termination. For further information, please contact us at _____@ artisticfuel.com.
Profile and Account Information: To make the Services more interactive, certain information about users’ profiles or accounts may be made accessible to other users on or through the Services, as indicated in users’ profile and account settings on the Services, or as otherwise indicated by us when you use certain Services. For example, if your public profile is enabled in your settings, your name and certain information that you may enter in your profile (such as your biography, location and website) will be visible to other users of the Services. The Services may include settings to control how certain profile or account information is shared with other users on or through the Services, and you should check your profile and account settings regularly to be informed of your current choices. Public information on the Services may be indexed by third-party search engines and accessible through them. For further information, please contact us at _____@ artisticfuel.com.
Data Retention: We will keep and use your data, as described in this Policy, for as long as (a) your account is in use, open or active; (b) is necessary to comply with applicable tax, legal and other regulatory requirements; and (c) is necessary to protect and defend against potential legal claims. If you would like to request the deletion of your personally identifiable information or request that it be returned to you, please contact us at _____@ artisticfuel.com. By deleting your data from our site, you understand that you will no longer be able to use the Services. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our site.
“FAVORITES” AND “FOLLOWS”
The Services may include features that enable you to designate your “favorite” artists, designers or other creators, artwork and other items or categories of artwork, or other items. The Services may also include features that enable you to “follow” galleries, institutions and other users, artists, designers and creators, categories of artwork, or other items. If your public profile is enabled, other users may also be able to follow you, and the number of users that follow you may be visible to other users of the Services. You may be able to share, or choose not to share, certain information about your favorites, follows or followers on or through the Services, as indicated by us in connection with these features or in your profile and account settings. If you enable those designations, we may include you in email communications regarding them. If you would like to opt out of receiving those emails, please follow the unsubscribe link at the bottom of the relevant email or visit your account profile to update your email settings. For further information regarding opt-outs, please contact us at _____@ artisticfuel.com.
As described in the Agreement, you may be able to provide Your Content on or through the Services. When you post or publish Your Content on the Services, any information contained in Your Content (including information in images or videos) becomes publicly accessible on the Services (and may also be indexed by and accessible through third-party search engines), and we and other users may access and use Your Content, as described in the Agreement. This applies even if you or someone else also provides the information to us by other means and our use of the information might have been more limited under this Policy if the information was only provided to us by such other means. It is your responsibility to ensure that you have the right to share any information about others that you may share with us or with others.
Connecting with Other Users: We strive to provide a platform and marketplace where users can discover and engage with a wide range of artwork, design and other items from around the world, including items from the various galleries, institutions and others that use the Services as exhibitors or sellers. To help make this happen, the Services may include features, such as messaging tools and email addresses hosted on the Services, that enable you to contact and communicate with other users. For example, when another seller lists an artwork or other item on the Services, the Services may enable you to contact that seller about the item or other items that may have available.
Sharing Information with Other Users: The Services let you share information with others. When you use the Services to contact another user or perform a transaction with another user, such as a gallery, that other user may obtain from us your name, email address and other contact information to facilitate communications and transactions, or for their marketing purposes. Sometimes these users may be able to obtain additional information about you when you use the Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests and other information, as indicated by us in connection with the Services, or as otherwise indicated in your profile and account settings. The Services may include settings that enable you to choose how certain information is shared with other users when you contact them or perform a transaction with them, as indicated when you use the Services or in your profile and account settings. Please remember that when you share information publicly, it may be indexable by search engines, such as Google.
WITH WHOM DO WE SHARE PERSONAL INFORMATION?
Personal Information: As used in this Policy, the term “Personal Information” means information that by itself can be used to identify or contact a specific person (for example, a person’s name, email address, postal address or phone number), but Personal Information does not include information that has been aggregated or made anonymous so that by itself it no longer identifies and can no longer reasonably be used to contact a specific person. We will only share your Personal Information with others in the ways described in this Policy, or otherwise with your prior consent. In addition to the other sharing of Personal Information described in this Policy, we may share your Personal Information with others in the following contexts.
Service Providers: We may contract with third-party service providers that help us provide the Services or that perform some services for us related to the Services, and they may access your Personal Information as needed to perform their functions for us. Examples include order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics and server and database hosting services.
We use third parties, including __________________, to gather your data from financial institutions. By using the Services, you authorize our third-party providers to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of the third-party providers’ privacy policies and service terms.
Business Transfers: If we are involved in a merger, acquisition or sale of assets, your Personal Information may be one of the assets transferred. In this event, if you have registered for an Artistic Fuel account, we will notify you of the change of ownership by sending an email to the most recent email address you provided us under your Artistic Fuel account.
Legal Purposes: We may access, preserve and disclose your Personal Information or other information if we believe that such access, preservation or disclosure is reasonably necessary to (a) comply with any law, regulation, legal process or governmental request (such as search warrants, subpoenas or court orders); (b) enforce the Agreement or any other agreement with users or investigate potential violations; (c) detect, prevent or otherwise address fraud, security or technical issues; (d) protect or enforce Artistic Fuel’s, your or any other person’s rights or property; or (e) prevent physical harm to any person.
AGGREGATED AND NON-PERSONAL INFORMATION
We may aggregate or make anonymous any Personal Information we have obtained in any way from or about you or others so that such information no longer contains any Personal Information. We may use and share any aggregated, anonymous or other non-personally identifying information for any legitimate business purpose, including, but not limited to, research and development and marketing, and to inform others about how the Services or Content are engaged with or used.
OTHER WEBSITES AND SERVICES
Artistic Fuel is headquartered in the United States. Our users (including the galleries and other organizations that use the Services as exhibitors or sellers), service providers and other third parties you may interact with in connection with the Services, may be located in the United States or other countries around the world, including countries that may not offer the same level of protection for Personal Information as that offered in the United States. By accessing or using the Services in the United States or any other country or jurisdiction, you agree that your information may be transferred and processed in the United States and any other country or jurisdiction.
In cases of onward transfer to third parties of Personal Information of EU individuals received pursuant to the EU-U.S. Privacy Shield, Artistic Fuel remains accountable for the onward transfer of that Personal Information.
The Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from people in this age group. If you believe we may have collected Personal Information from anyone under the age of 13, please contact us at _____@ artisticfuel.com.
Every Artistic Fuel account is protected by a password to help maintain privacy and security on the Services. If you register for an account, we urge you to use a strong password containing unique numbers, letters and special characters and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately notify us and change your password. Please note that while we seek to protect your information and maintain the security of the Services, due to the possibility of hardware or software failure, unauthorized entry or use and other factors, we cannot guarantee the security of any information, whether online or offline. Any transmission of information is at your own risk. Please also note that any information you provide to us by email is unencrypted.
Some jurisdictions have laws that give people the right to access or correct the Personal Information a company has about them. We will honor any statutory right you may have to access or correct your Personal Information that we have in our records, and you can email such requests to email@example.com. Once we receive your request, we will let you know if an administrative fee will apply to fulfill your request, as permitted by applicable law. However, please note that even if you have a legal right to request access to information or to correct information, as permitted by applicable law, we may reject requests that are unreasonably repetitive, would require disproportionate technical effort (for example, developing a new system or materially changing an existing practice), would jeopardize the privacy of others or would be extremely impractical to fulfill (for example, requests to access information located on backup systems).
EU-U.S. PRIVACY SHIELD
For more information about the EU-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website __________________________.
As this Policy is part of the Agreement, any Disputes involving you and us that relate to privacy or the use of your information and that arise out of or are related to this Policy or the Services will be subject to provisions of the Agreement regarding the limitation of damages and liability, choice of law and dispute resolution, including mandatory binding arbitration.
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can also submit your complaint to Privacy Trust, an independent third party. Visit Privacy Trust’s website here to file a complaint. In limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism, and please note that you have the right to register a complaint with your data protection regulator in your country, a list of which can be found here.
CONTACTING ARTISTIC FUEL
If you have questions or comments about this Policy or our privacy practices, would like to know what Personal Information we hold about you or would like to update, delete or request access to that Personal Information, you may contact us by email sent to firstname.lastname@example.org, or by postal mail sent to Artistic Fuel, LLC, 215 Depot Court, Leesburg, VA 20175, U.S.A.
What these Technologies Are. “Cookies” are small data files placed on your computer or other device that record information. For example, a cookie could enable the Services to recognize your browser, while another cookie could store your account preferences and other information to help make the Services more customized. We may use two kinds of cookies, “session cookies” and “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device until they expire or are deleted. “Web beacons” (also known as “pixel tags” or “clear GIFS”) are pieces of code or pixels embedded in a web page or email to track engagement with and responses to emails, web pages or ads, or to access or communicate with cookies. “Tracking URLs” are special URLs that can be used to track engagement with and responses to emails or web pages.
Opting-Out. Third-party providers may offer you a way to opt-out of receiving cookies from them by visiting their own websites or the websites of industry groups such as the Network Advertising Initiative and the Digital Advertising Alliance. For example, you may opt-out of receiving ad-related cookies from Google through its Ad Settings. If you opt-out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preference. Accordingly, if you delete cookies, install a new browser or start using a new device, you may need to repeat the opt-out process. To opt out of receiving any marketing materials, please email us at email@example.com.