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Legal

PRIVACY POLICY

Last updated: June 2024

Overview

Max Hamilton Arts (“we” or “us” or “our”) is dedicated to the protection and privacy of all users (“you” or “your”). This Privacy Policy outlines how we collect, store, and use your personal information when you use our services, such as: visiting our websites (“Site/Sites”) and connected media, making purchases from us, and engaging with us in related ways such as marketing and sales, communications, and events (the “Services”).

Users are encouraged to read this Privacy Policy carefully and to review these terms periodically for updates. We reserve the right to make changes to this Privacy Policy at any time. Users will be notified of these updates via the “last updated” date above. Changes to this Privacy Policy will be effective immediately upon posting the updated terms.

By using and accessing any of the Services, you agree to the collection and use of your information as described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not access the Site or use our Services.

Collection of Your Information

When you visit our websites or use our Services, we may process your information, including personal and sensitive information, both that you voluntarily provide to us when using our Services or contacting us directly, and that is collected by the Site. The information we collect about you includes:

  • Personal information such as your name, username, email address, shipping address, and contact preferences.
  • Order and payment information such as items you view, items you add to your cart, your billing address, your billing email, and payment confirmation.
  • Financial information related to your payment method such as credit card number, brand, and expiration date, may be collected. Please review the privacy policies of our payment processors Paypal, Stripe.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information if necessary for us to provide our Services.

Use of Your Information

Processing your information allows us to provide and improve our Services and to comply with law. We may use information collected about you via the Site to:

  • Fulfill and manage purchases, orders, and payments
  • Provide Services and perform contracts with you
  • Process payments and refunds
  • Offer customer support and respond to user inquiries
  • Send you email newsletters
  • Advertise to you our Services including new products, recommendations, promotions, coupons, and events
  • Notify you of updates to the Site
  • Compile anonymous statistical data for internal and third-party use
  • Prevent fraud, monitor against theft, and protect against criminal activity

We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law. When we no longer require your personal information for legitimate business, we will delete, anonymize or securely store and isolate your personal information until deletion.

We take all measures possible to keep your personal information safe. However, please be aware that no measures of security are completely perfect, and any information disclosed online is vulnerable to interception and misuse by unauthorized parties. We cannot guarantee complete security of the personal information that you provide to us.

Disclosure of Your Information

We may disclose your information to third parties for legitimate purposes subject to this Privacy Policy. Your information may be disclosed:

  • With vendors or third parties that perform services for us on our behalf, such as payment processing, data analysis, customer support, fulfillment and shipping, email delivery, and marketing.
  • With our affiliates in order to facilitate necessary business transactions, in which case we will require those affiliates to honor this Privacy Policy.
  • With business partners, to offer you certain products, services or promotions.
  • During business transfers or negotiations including mergers, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • With international third parties in the event that you are located outside of the United States and/or use a service based outside of the United States to do business with us.
  • By legal obligation - we may be legally permitted under applicable law to process and share your information without your consent.


Cookies & Third-Party Tracking

Cookies may be used to collect and store your information to maintain the security and basic functionality of our Sites and Services. You have the right to decide whether to accept or reject cookies and may do so by setting your preferences in the Cookie Consent Manager, although your access to some functionality and areas of our website may be restricted. Visit your browser’s help menu for more information on how to manage cookie controls.

We also permit third parties and service providers to use online tracking technologies on our Services for internal and third party analytics and advertising.

Our websites may contain links to third parties which have privacy policies, cookies, and tracking technologies outside of our control or authorization.

 

Children's Information Policy

Our Site and Services are not marketed to children under 13 years of age. If we learn that personal information of any children under 13 has been provided to or collected by us, we will promptly delete such data from our records.

Your Privacy Rights

As a user of our Sites and Services, you have rights under certain data protection laws. You have the right to:

  • Know whether or not we are processing your personal data
  • Access and obtain a copy of your personal data
  • Correct inaccuracies or provide updates to your personal data
  • Request the deletion of your personal data from our records
  • Withdraw your consent, whether it be expressed and/or implied, to the processing of your personal information

We will consider and act upon any request in accordance with applicable data protection laws, and will need to verify your identity to do so, which may require us to request additional information for the purposes of verifying your identity. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.

Contact

If you have questions or concerns about this Privacy Policy, you may contact us at:

maxhamiltonarts@gmail



This Privacy Policy was created using Termly.






LEGAL TERMS

Last updated: June 2024

 

OVERVIEW

This website is operated by Max Hamilton Arts. Throughout the site, the terms “we”, “us” and “our” refer to Max Hamilton Arts. Max Hamilton Arts offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Legal Terms”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Legal Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Legal Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Legal Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access or use our sites and services. If these Legal Terms are considered an offer, acceptance is expressly limited to these Legal Terms.

Any new features or tools which are added to this website shall also be subject to the Legal Terms. You can view the most current version of the Legal Terms at any time on this page. We reserve the right to update these Legal Terms at our discretion, including changing or replacing any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Big Cartel. They provide us with the online e-commerce platform that allows us to sell our products and services to you.



SECTION 1 - ONLINE STORE TERMS

By agreeing to these Legal Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 



SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 



SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 



SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 



SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.



SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Legal Terms. 



SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Legal Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 



SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed above.



SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 



SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Legal Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 



SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Max Hamilton Arts, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 



SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Max Hamilton Arts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Legal Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 



SECTION 15 - SEVERABILITY

In the event that any provision of these Legal Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Legal Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.



SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Legal Terms are effective unless and until terminated by either you or us. You may terminate these Legal Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Legal Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 



SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision.

These Legal Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Legal Terms).

Any ambiguities in the interpretation of these Legal Terms shall not be construed against the drafting party. 



SECTION 18 - GOVERNING LAW

These Legal Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States. 



SECTION 19 - CHANGES TO THE LEGAL TERMS

You can review the most current version of the Legal Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Legal Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Legal Terms constitutes acceptance of those changes. 



SECTION 20 - CONTACT INFORMATION

Questions about the Legal Terms should be sent to us at maxhamiltonarts@gmail[dot]com.