Terms and Conditions
Last modified May 21, 2018
PLEASE READ THESE TERMS CAREFULLY
These Terms of Use (the “Terms”) govern your use of and access to www.ciarraclaire.com and its sub-domains and affiliated sites, as well as Ciarra Claire LLC’s (“Ciarra Claire” “my”, “me” or “I”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
SITE CONTENT.
Ciarra Claire LLC exclusively owns and controls the Sites, which provides information about my products and services and may, from time to time, provide access to educational materials pertaining to a variety of calligraphy, artwork and creative business resources. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $50 per incident for any unauthorized use of our content, at the sole discretion of Ciarra Claire.
INTELLECTUAL PROPERTY.
Unless explicitly stated otherwise, as between you and Ciarra Claire, Ciarra Claire owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, Ciarra Claire, LLC and all related names, product and service names, logos, slogans and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.
THIRD PARTY RIGHTS.
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Ciarra Claire either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
LINKING TO OUR SITES.
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Ciarra Claire; (ii) present false or misleading information about Ciarra Claire; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
ADVERTISEMENTS AND LINKS.
I may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I link on the Sites will be clearly marked; however, I encourage you to reach out to me with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Ciarra Claire of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Ciarra Claire shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
DISCLAIMER AND LIMITATION OF LIABILITY.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. CIARRA CLAIRE, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
CHOICE OF LAW AND VENUE.
These Terms are governed by the laws of the State of Michigan without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Emmet County,Michigan.
YOUR COMMENTS AND CONCERNS.
This website is operated by Ciarra Claire, 3113 Mayberry Hill, Petoskey MI 49770. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to:hello@ciarraclaire.com. Thank you for visiting the Sites!
Privacy Policy
Last modified 05.08.18
PLEASE REVIEW THIS POLICY CAREFULLY
The following describes how Ciarra Claire LLC (“Ciarra Claire,” “I,” “me” or “my”) uses and disseminates information you provide through www.ciarraclaire.com and its sub-domains and affiliated sites, as well as Ciarra Claire pages and accounts on Twitter®, Facebook®, LinkedIn®, Google Plus®, Instagram® and YouTube® (the “Sites). If you ever have questions about this Privacy Policy, please contact me at the information below. Please also review my full Terms and Conditions of Use, which also govern your use of the Sites. By using this Site, you are consenting to this Privacy Policy.
COLLECTION OF YOUR PERSONAL INFORMATION.
Unless I expressly note otherwise, I do not collect personally-identifiable information from users of my Sites. When you visit my Sites, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time and referring website addresses. I typically do not use this information for any purpose, but an example of when I may use this information is in implementing improvements and analyzing the Sites and for troubleshooting purposes. I also utilize this information to monitor and improve services and to ensure that your use of the Sites is in compliance with my Terms of Use. Most of our services do not require any form of registration, allowing you to visit the Sites without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. In such a case, you may choose to without any Personal Data requested by us, but it may not be possible for you to gain access to certain parts of the site or content. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
INTERNATIONAL PRIVACY LAWS AND YOUR RIGHTS UNDER THE GDPR
If you are visiting the Site from outside the United States, please be aware that you are sending information to the United States where my servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by me. These countries (including the United States) may not necessarily have data protection laws as comprehensive protective as your country of residence; however, my collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy.
If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to hello@ciarraclaire.com. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.
COOKIES: WHAT THEY ARE, AND WHY THEY ARE NEEDED.
A cookie is a data text file sent from a website to your browser, for the purpose of identifying the user and allows access to portions of the website, thus alleviating the need to continually log in with your username and password. Cookies may be stored within your system. To the extent I use cookies, I can only access information from a cookie sent by one of the Sites, not other websites. I may use cookies to personalize your visit to my Sites, because tracking usage allows me to best determine the needs of my customers and advertisers.
MY POLICY WITH MINORS.
My Sites are not intended for individuals under the age of 18. If you are under 18, you may only use the Sites under the supervision of a parent or guardian. I do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. I do not sell products or services intended for purchase by children. If I discover or are otherwise notified that I have received any such information from a child in violation of this policy, I will delete that information.
DATA RETENTION
I only retain Personal Data collected from Users for as long as the User’s account is active or otherwise for a limited period of time as long as I need it to fulfill the purposes for which I have initially collected it, unless otherwise required by law. I will retain and use information as necessary to comply with my legal obligations, resolve disputes, and enforce my agreements for a period of7 years.
USE OF YOUR PERSONAL INFORMATION.
If you do choose to provide your personal information, I will not willingly share your information with companies outside my organization, except as described in this Privacy Policy. You may at times receive communications from me related to products and services that I believe might interest you. While I believe these services may enhance your time spent at the Sites, you will at all times have the option and ability to opt out from receiving these communications by specifically choosing to do so via a link which will be provided within emails that I send to you. I may disclose total aggregated user statistics in order to describe my services to potential advertisers, other third parties, affiliate companies, and for other lawful purposes.
The information I gather from you may be used in several ways, either now or in the future, to gain a better understanding of my Sites’ users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, contest entries and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) I think might be of interest to you. I may also use information I gather from you to communicate changes and improvements to my website or any registration you have made.
You have the right to request access to the information we have for you. You can do this by contacting us at hello@ciarraclaire.com. We will make sure to provide you with a copy of the data we process about you In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy electronically, unless the request specifies a different method. If you believe that the information we have about it is incorrect, or if you wish to remove your private information (such as an email address provided in an opt-in), you may contact us at hello@ciarraclaire.com. Any data that is no longer needed for the purposes specified herein will be deleted.
I do not give away, sell, rent or lease any users’ personally identifiable information to any merchant, advertiser or web publisher. However, non-personally identifiable user information (such as usage pattern, browser type and your computer) may be shared with third party businesses or advertisers with which I have a business or contractual relationship. I reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of Ciarra Claire’s or its affiliates assets, or to enforce my Terms of Use.
Please keep in mind that if you disclose personally identifiable information in a public manner through the Sites, this information may be collected and used by others accessing those portions of the Sites. I do not monitor information you disclose on the Sites nor do I accept any liability associated with your voluntary disclosure of the same.
You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use and store your information. I am not responsible for the privacy statements, policies or content of any other websites. Websites containing co-branding (referencing my name and a third party’s name) contain content delivered by the third party and not me.
NOTICE OF PRIVACY RIGHTS TO CALIFORNIA RESIDENTS.
California law requires that I provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, I will provide you with the categories of personally identifiable information that I collect through this website and the categories of third party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. California law requires me to inform you, at your request: (1) the categories of personally identifiable information I collect and what third parties I share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires me to allow you to control who I can and cannot share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting me please indicate your name, address, email address, and what personally identifiable information you do not want me to share with third parties. Please allow thirty (30) days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.
LIMITATIONS.
By using the Sites you agree that I am not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from me; or (iii) any accidental disclosure of your personal information made by me.
POLICY CHANGES.
I may modify this Privacy Policy from time to time. Any modifications will be effective immediately when I post them. I will take steps to notify users of any modifications, however, you are responsible for reviewing any modified terms. When I update my Policy, I will note the date of revisions at the top of the Policy. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the Privacy Policy is included so that you can compare any different versions of the Privacy Policy to determine any changes made to the Privacy Policy.
YOUR COMMENTS AND CONCERNS.
This website is operated by Ciarra Claire LLC, 318 E Mitchell Street Suite 14, Petoskey MI 49770. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: hello@ciarraclaire.com