Copyright © 2024 Cindy L. Smith | Epiphany Ink™ is a division of Charleston Modern, LLC | All Rights Reserved.
These Terms and Conditions outline the rules and regulations for the use of Cindy L. Smith's website, located at www.cindylsmith.com and www.cindylsmithart.etsy.com. By accessing, browsing, or shopping on the website, you hereby consent and agree to all the Terms and Conditions in this agreement. Please read them carefully. Do not continue to use this website if you do not agree all of the terms and conditions stated on this page.
RESERVATION OF RIGHTS:
We reserve the right to amend these Conditions and Privacy Policy at any time. When we make changes, we will post them here. You agree to check the legal page periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. We strive to ensure that the information on this website is correct, however we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
COOKIES:
By accessing this website, you agree to the use of cookies in agreement with the Privacy Policy below.
LICENSE:
Unless otherwise stated, Cindy L. Smith, Charleston Modern, LLC and/or its licensors own the intellectual property rights for all material on this website. Epiphany Ink™ is trademarked, licensed, and protected by intellectual property rights. All rights are reserved. You may access this website for your own personal use, subject to restrictions set in these terms and conditions.
YOU MUST NOT:
* Republish, sell, resell, rent or sub-license material from Cindy L. Smith or Epiphany Ink™
* Reproduce, duplicate or copy material from Cindy L. Smith or Epiphany Ink™
* Redistribute content from Cindy L. Smith or Epiphany Ink™
* No use of Epiphany Ink's logo or other artwork will be allowed for linking to our website absent a trademark license agreement.
ONLINE STORE TERMS:
By agreeing to these Terms of Service, you represent that you are at least 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 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.
DELIVERY TERMS:
Delivery is according to the terms set out in our delivery policy and incorporated into these Conditions. Please contact us if you have any questions about the shipping terms for the online store.
PAYMENT TERMS:
When you purchase from the online store, payment in full needs to be made on the date of purchase, after which orders will be processed.
BILLING ACCURACY:
We reserve the right to refuse any order you place in our online store. You agree to provide current, complete, and accurate information for all purchases made on our online store. We may, at 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 email and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
RETURNS POLICY:
Please review the Returns Policy in the Terms listed on the online store.
ONLINE STORE DESCRIPTION + PRODUCTS SOLD:
We attempt to be as accurate as possible in the store/product descriptions. Due to the nature of digital media, all photos of artwork attempt to show true color accurracy, however there may be slight variations in the physical product. Occasionally there may be information on the site 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 on the website is inaccurate at any time without prior notice (including after you have submitted your order). If any product you receive isn't as shown in the storefront, it may be eligible for return, only if unused, and fulfills the terms in our returns policy.
DISCLAIMER:
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website, including all its contents owned by Cindy L. Smith and Charleston Modern, LLC. Nothing in this disclaimer will:
* limit or exclude our or your liability for death or personal injury;
* limit or exclude our or your liability for fraud or fraudulent misrepresentation;
* limit any of our or your liabilities in any way that is not permitted under applicable law; or
* exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. The website and the information/ services on the website are provided free of charge, therefore we will not be liable for any loss or damage of any nature.
This terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Customer", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Customer and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner for the express purpose of meeting their needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law in South Carolina, U.S.A. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
At Cindy L. Smith, accessible from www.cindylsmith.com and Epiphany Ink™, a division of Charleston Modern, LLC, one of our main priorities is the privacy of our visitors. This Privacy Policy contains types of information that is collected and recorded and how we use it. This Privacy Policy applies only to our online activities and is valid for visitors to our website and online store with regards to the information that they shared. This policy is not applicable to any information collected offline or via channels other than this website/online store.
If you have additional questions or require more information about our Privacy Policy, please do not hesitate to contact us.
CONSENT: By using our website, you hereby consent to our Privacy Policy and agree to its terms.
INFORMATION WE COLLECT: The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask for your personal information. We will never sell your information. Period.
If you contact us directly, we may receive additional information such as your name, email address, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. When you shop in our store, we may ask for your contact information, including items such as name, address, email address, and telephone number.
CHILDREN'S INFORMATION:
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. This website does not knowingly collect any personal identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
HOW WE USE YOUR INFORMATION: We use the information we collect in various ways, including to:
*Contact you by sending emails
*Provide, operate, and maintain our website
*Improve, personalize, and expand our website
*Understand and analyze how you use our website
*Develop new products, services, features, and functionality
*Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes.
COOKIES AND WEB BEACONS:
Like any other website, www.cindylsmith.com uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information. You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.
LOG FILES: The Cindy L. Smith website follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and it is a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
CCPA PRIVACY RIGHTS: (Do Not Sell My Personal Information)
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers. Request that a business delete any personal data about the consumer that a business has collected. Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
GDPR DATA PROTECTION RIGHTS:
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
*The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
*The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
*The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
*The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
*The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
*The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
updated: Nov 2024
updated: Nov 2024