Privacy, Licensing, and Return Policies
What Information is Collected?
The information we may collect includes, but may not be limited to:
- Your contact information to contact us through the Site, including your name, email address, phone number and any additional comments you provide;
- Your transaction history relating to the use of our products and services;
- Information regarding your browser and other technical specifications required to use our Site;
- Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Site and for us to credit your account for various online transactions;
- Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites; and
- Your IP address to measure our website traffic and to help provide a more personalized experience.
We may collect and process information about your actual location. We use various technologies to determine location, including IP address.
We utilize a third party vendor to process your credit card payment and by making a transaction on the Site, you must share your information with the third party vendor. The information you share with third party vendors to process credit card information will be collected and managed as described by the vendor’s privacy policies.
You may be required to register to use
certain parts of our System. During registration, you may be required to create
a password which will be stored and encrypted on the System. If you choose to connect to our System using a
pre-established account on a social media platform such as Facebook, LinkedIn, Twitter, Google+
or YouTube, we may collect social web information about you from the social
Children Under the Age of 13
Our Site and System are not designed for children, and we do not knowingly collect information from any person under the age of 13.
How is User Information Used and Shared?
We collect information about you in order to provide you with services and products and also collect information that is necessary for the System to work properly. We use personal information about our users for a variety of purposes related to our business, including but not limited to:
- Allowing you to receive information from us regarding ArtByMiles services;
about your visits to our Site or use of the System to allow us to provide
- Using certain online preferences in the aggregate across all users to evaluate the System and develop additional products and services to offer;
- Sending or initiating direct marketing programs, such as newsletters or information about new products or services we are offering;
- Contacting you regarding an inquiry on the System that you have initiated;
content from social media platforms where you discuss our products or use a
hashtag related to our products;
- Providing information about your usage or preferences to our third-party vendors and providers; and
We may provide user information to third-party service providers or vendors for purposes of, including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or development of our System, development of online products and services or customer service or new product development, or other contracted promotional opportunities provided to our users. We will not share your information with third parties to directly market their products to you. We may share this information with any subsidiaries, licensees, suppliers, distributors, affiliates, assigns, successors, or other related entities and their respective owners. We may also share your personal information in connection with law enforcement requests or in response to investigations, subpoenas, court orders, or other legal process to establish or exercise our legal rights or defend against legal claims or as otherwise required by law.
We may also disclose your information to a third party as part of reorganization or a sale of the assets of ArtByMiles, or its subsidiaries or divisions. Any third party to which ArtByMiles transfers or sells the System or related assets will have the right to continue to use the personal and other information that you provide to us.
We may also use third-party vendors, such as Google Analytics or AdSense, to advertise to our users online. These third-party vendors may display ArtByMiles advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Site or another site affiliated with ArtByMiles products or services. Any information that these third parties collect via cookies is not linked to any personally identifiable information (name, address, email address, or phone number) we collect or you provide on the website. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.
How is User Information Protected?
We maintain administrative, physical and technical safeguards for all user information collected in our System.
How Can Users Limit Information Collected?
While we work hard to use and disclose our users’ personal information only for the purposes identified above, you can choose not to provide personal information or limit the personal information obtained by us as follows:
- You may have your contact information removed from our marketing lists to inform users of new or relevant products, services, and special offers by emailing us at firstname.lastname@example.org
- You may limit the collection of “cookies” through your
browser settings. However, this may disable our ability to provide you with the
most relevant products or information regarding the System; and
- You may limit the ability of Google Analytics to track your online activity, as outlined in the “Behavioral Advertising” section.
California Privacy Rights
California Civil Code § 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the Site.
ArtByMiles Licensing Agreement
This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective the day of purchase, between ArtByMiles.com (“ARTIST”) and purchaser (“CLIENT”). All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.
Scope of this Agreement. This Agreement applies to any original art work, sculpture, image, graphics, digital assets, or digital work created or taken by Artist and delivered to the Client (collectively known as “ART WORK”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Rights: All Art Work and rights relating to them, including copyright and ownership rights in the media in which the Art Work are stored, remain the sole and exclusive property of the Artist. This license provides the Client with the limited right to publicly display, and distribute the Art Work only for the agreed upon terms as set forth in this Agreement signed by both parties. Art Work used for any purpose not directly related outside of those terms, must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing.
Relationship of the
Parties: The parties agree that
Artist is an independent contractor, and that neither Artist, nor Artist’s
employees or contract personnel are, or shall be deemed to be, employees of
Client. No agency, partnership, joint venture, or employee-employer
relationship is intended or created by this Agreement. Neither party is
authorized to act as agent or bind the other party except as expressly stated
in this Agreement. Artist and the Art Work or any other deliverables prepared
by Artist shall not be deemed a work for hire as defined under Copyright Law.
All rights granted to Client are contractual in nature and are expressly
defined by this Agreement.
Creation: The manner and method of creating any Art Work is solely at the discretion of Artist and the Client has no right to control Artist’s manner and method of performance under this Agreement.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Artist, and Artist shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by Artist.
Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties.
Indemnification: Client will indemnify and defend Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Art Work or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.
General Law/Arbitration: This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Minnesota. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in the County of Dakota, in the State of Minnesota, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions in the Agreement is found invalid, illegal or
unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
Contact Information: To contact us, email us at email@example.com.
Licensing Agreement courtesy of the Art Law Journal
Cancellation: No Returns, all sales are final.
Delivery: Artist will deliver the Art Work as specified by the Client with Insurance. It is the Client's responsibility to verify that the Art Work is not damaged and is suitable. Unless otherwise specifically provided, Artist is not responsible for consequential damages.
Fees: All fees and expenses payable under this agreement are required upon purchase and payable irrespective of whether Client makes actual use of the Art Work.