Arts & Letters Creative Co.

Last updated and effective as of: October 27th, 2017

Privacy Policy

This website is operated by Arts & Letters Creative Co. ("we" or "us"). The privacy policy below discloses our practices regarding information collection and usage solely for the website located at artsandletters.xyz (the “Website”). This privacy policy does not apply to any other website or service provided by us, our affiliates or clients, unless it appears on such website or service. By using and visiting our Website and by submitting your personally identifying information to us you agree to us using your personally identifying information as set out in this privacy policy. If you do not agree to this privacy policy you may not access or otherwise use the Website or service. Use of the Website is also governed by our Terms and Conditions, located at TERMS & CONDITIONS.

We respect the privacy of users of our Website and recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner with that information. This privacy policy contains important information about how we use your personally identifying information.

What information do we collect?
We do not collect personally identifying information unless you voluntarily supply us with personally identifying information. Generally, you may provide us with personally identifying information through our contact pages, by email, or some other means. Personally identifying information means information which identifies you as an individual, and may include your name, email address, telephone number, and similar information you provide.

We may automatically collect certain non-personally identifying information about you when you visit the Website, such as the type of browser or device operating system you use, the website that linked you to our Website, the time you spend and the pages you view on the Website. We may also aggregate information collected from Website visitors, such as the number of users in a particular region or having particular characteristics.

How do we use it?
We may use your personally identifying information in the following ways, or any type of use to which you have specifically consented, either at the time the information is collected or through some other form of consent from you or notification to you:
- to operate the Website and provide you with information or services that you have requested e.g. a newsletter, bulletins;
- to add you to our mailing lists and to send you emails from time to time;
- to respond to specific queries you may raise regarding Arts & Letters Creative Co. and/or its affiliates; to provide you with better ways of accessing information from this Website;

Non-personal or aggregate information may be shared with any number of parties, provided that such information shall not specifically identify you.

Do we share your information with third parties?
We may send your personally identifying information to other group companies, affiliates and third parties to help us process your personally identifying information for the purposes set out in this policy. We may also permit our vendors and subcontractors to access your personally identifiable information, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.

We may disclose your personally identifying information in connection with a bankruptcy proceeding or if we or any of our assets or divisions are the subject of a sale or similar corporate transaction, including without limitation a merger, acquisition or change of control.

We may disclose personally identifying information to third parties when we reasonably believe we are required by law or legal process, and in order to investigate, prevent, or take action regarding suspected or actual unlawful or otherwise prohibited activities, including, but not limited to, fraud, harassment or other violations of law or the policies of the Website.

Where do we send your information?
Our Website is maintained in the United States of America. By using the Website, you freely and specifically give us your consent to export your personally identifiable information to the USA and to store and use it in the USA as specified in this privacy policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

How long do we keep your information?If you provide us with personally identifying information through the Website, we retain your information for as long as necessary for our business purposes. This may include, but is not limited to, retaining such information to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your personally identifying information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your personally identifying information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

What are cookies?
We may use information obtained from cookies or similar technology (such as clear gifs, web beacons, tags, etc.) for the purpose of facilitating and enhancing your communication and interaction with the Website. Cookies are text files containing small amounts of information which we download onto your computer or device when you visit our Website.

What do we use cookies for?
We may use both first and third-party cookies. First-party cookies are those set by the website that is being visited by the user. Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. We may use and place third party cookies on your device from our third party service providers in connection with the Website, such as an analytics provider that helps us manage and analyze Website usage. We use the data we collect internally, to help us maintain and enhance the efficiency and usefulness of the Website. We use session ID cookies which are short term cookies that allow us to link the actions of a user during a browser session. Once you close the browser, all session cookies are deleted.

How can you delete cookies?
If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your device without your knowledge.

What is clickstream data?
As you use the Internet, a trail of electronic information is left at each website you visit. This information, sometimes referred to as “clickstream data”, can be collected and stored by a website’s server. Clickstream data can tell us the type of device and browsing software you use and the address of the website from which you linked to the Website. We may collect and use clickstream data to anonymously determine how much time visitors spend on websites, how visitors navigate throughout web sites and how we may tailor our Website to better meet consumer needs. This information will be used to improve our Website and our services. Any collection or use of clickstream data will be anonymous, and will not intentionally contain any personally identifying information.

Third Party Websites
Our Website may link to third party sites which we do not operate or endorse. These websites may use cookies and collect your personally identifying information in accordance with their own privacy policies. This privacy policy does not apply to third party websites and we are not responsible for third party websites, including without limitation their privacy practices or the content found on such websites. When you link away from our Website, you do so at your own risk. We encourage you to read the policies and terms of every website you visit.

We may also integrate social networking services into the Website. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Website, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your personally identifying information, and by using such services you assume the risk that the personally identifying information provided by you may be viewed and used by third parties.

How do we protect your information?
We take commercially reasonable measures to ensure that your personally identifying information disclosed to us is kept secure however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online.

Do we collect personally identifiable information from children under 13?
This Website is not intended or designed to attract children under the age of 13. We do not knowingly collect personally identifying information from or about any person under the age of 13. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

What are your opt-out rights?
To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at [email protected]. We will process your request within a reasonable time after receipt. However, we are not responsible for removing your personally identifiable information from the lists of any third party who has previously been provided with your information in accordance with this privacy policy or your consent.

As noted above, you may opt-out of or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on many mobile devices. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

Do Not Track
Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.

California Privacy:
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personally identifiable information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us by email through [email protected].

How to contact us if your information or choices change
If your information or your preferences change, you don't want us to send you the information you have requested or if you have any queries about how we use your personally identifying information, please let us know by contacting [email protected].

Changes to this privacy policy
We reserve the right, at our discretion, to change, modify, add, or remove portions from this privacy policy at any time. However, if at any time in the future we plan to use personally identifying information in a way that materially differs from this privacy policy, we will post such changes here. You are encouraged to review this privacy policy from time to time.

Terms and Conditions

Welcome to artsandletters.xyz (the “Website”). This Website is maintained and operated by Arts & Letters Creative Co. (“Arts & Letters”, “we”, “our” or “us”).

Your access and use of the Website is subject to the following terms and conditions (the "terms and conditions") and all applicable laws. by accessing or using any part of the Website, you accept, without limitation or qualification, these terms and conditions. if you do not agree with all of the terms and conditions set forth below, you may not use any portion of the Website.

Authorized Use of Website: This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website requires the prior written consent of Arts & Letters Creative Co.

Unauthorized Use of Website:You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.

Proprietary Rights:Arts & Letters Creative Co. is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Arts & Letters Creative Co. to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by Arts & Letters Creative Co. No Ideas Accepted: We do not accept any unsolicited ideas from outside Arts & Letters Creative Co. including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Arts & Letters Creative Co. an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

Links:This Website may contain links to other Websites not maintained by Arts & Letters Creative Co. Other Websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every Website that you visit. We are not responsible for the practices or the content of such other Websites.

No Warranties: WHILE ARTS & LETTERS CREATIVE CO. USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, ARTS & LETTERS CREATIVE CO. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. ARTS & LETTERS CREATIVE CO. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND [ENTER NAME] MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ARTS & LETTERS CREATIVE CO. DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTS & LETTERS CREATIVE CO. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTS & LETTERS CREATIVE CO. SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT WILL ARTS & LETTERS CREATIVE CO. BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARTS & LETTERS CREATIVE CO. BE LIABLE OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Changes: All information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold harmless Arts & Letters Creative Co., its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies: The failure of Arts & Letters Creative Co. to partially or fully exercise any rights or the waiver of Arts & Letters Creative Co. of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Arts & Letters Creative Co. or be deemed a waiver by Arts & Letters Creative Co. of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Arts & Letters Creative Co. under these Terms and Conditions and any other applicable agreement between you and Arts & Letters Creative Co. shall be cumulative, and the exercise of any such right or remedy shall not limit Arts & Letters Creative Co.’s right to exercise any other right or remedy.

Privacy: Use of the Website is also governed by our privacy policy, located at our PRIVACY POLICY.

Governing Law; Dispute Resolution; Arbitration: The laws of the Commonwealth of VA shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Arts & Letters Creative Co., if these efforts fail you agree that all claims, disputes or controversies against Arts & Letters Creative Co. arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Arts & Letters Creative Co. agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association
800-778-7879 (toll-free)
Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Arts & Letters Creative Co. hereby voluntarily and knowingly waive any right either may have to a jury trial.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

If you wish to begin arbitration against us but you cannot afford to pay the organization’s or arbitrator’s costs, we will pay those costs if you ask us in writing. Any request like this should be sent to 1805 Highpoint Ave, Richmond, VA, 23230. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced.
Questions: Should you have any questions regarding these Terms and Conditions you may contact us at [email protected]. These Terms and Conditions are effective and were last updated on October 27th, 2017.

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Legal

Last updated and effective as of: October 27th, 2017

Last updated and effective as of: October 27th, 2017