Contents

LAST UPDATED ON MAY 20, 2018

 

Terms and Conditions of Use

LAST UPDATED ON MAY 20, 2018
 

By using this website, you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

General Provisions

This website is owned and operated by Studio 1862, LLC, a Georgia, United States company. My mailing address is: PO Box 244, Calvary, GA 39829.

You must be at least sixteen years of age to use my website. Use of this website is at your own risk. I host my site on a reputable platform and take reasonable efforts to maintain and host the site. However, I make no explicit representations or warranties as to the safety or your individual use of the website. The terms and conditions contained on this page is subject to change at any time.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of Studio 1862 LLC, or the properly attributed party. It is a violation of federal law to use any of my intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should I choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using my intellectual property immediately.

You may use my intellectual property with clear and obvious credit back to my site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so.  However, you may never claim any of my intellectual property as your own or your unique creation, even with attribution.

Your Communications

Any communications made through my ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to my phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. I own any and all communications displayed on my website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how I store and use your communications or any data provided by you in those communications, please refer to my Privacy Policy on this page.

I maintain a right to republish any submission in whole or in part as reasonably necessary in the course of my business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimers

My website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless my website and company for any direct or indirect loss or conduct incurred as a result of your use of my website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While I may reference certain results, outcomes or situations on this website, you understand and acknowledge that I make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have a medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. I expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while I try to make accurate statements in a timely and effective manner, I cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let me know, please email me at art@studio1862.com.

Affiliates

This site may use affiliate links to sell certain products or services. I disclaim any and all liability as a result of your purchase through one of these links. I will use reasonable efforts to notify you when and where I have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

If at any time I feel you have violated these Terms and Conditions, then I shall immediately terminate your use of my website and any related communications as I deem appropriate. It is within my sole discretion to allow any user’s access of my website, and I may revoke this access at any time without notice, and if necessary, block your IP address from further visits to my site(s).

Refunds & Payment Collection

I take your investment seriously, and I’d appreciate if you took my investment of time and resources into your success seriously too.

Purchased Digital Products:
If you are not satisfied with your purchase after 14 days, please contact me at art@studio1862.com to discuss a refund. If you are refunded for the product, you may no longer use it and your personal and/or commercial use license is revoked.

You are allotted 1 license to use the purchased product for yourself or your business. You are not permitted to share purchased product(s) in whole or in part, unless you are only sharing the link to which others can download the free product themselves from my website. Referencing the link(s) to download the resource is permitted & encouraged.

Free Digital Products:
There are no returns or exchanges for free digital products. You are allotted 1 license to use that product for yourself or your business. You are not permitted to share these products in whole or in part, unless you are only sharing the link to which others can download the free product themselves from my website. Referencing the link(s) to download the resource is permitted & encouraged.

Physical Products (not currently offered in my shop): I am happy to work with each customer until they are fully satisfied. I allow returns for refunds if the item is shipped back to me within 14 days or less of purchase. If the item is shipped back to me after this time frame, I will happily offer you a store credit. Items must be returned in their original packaging in their original condition. If an item is not received back in this condition, I reserve the right to offer you store credit instead of a refund, or ship the item back to you for you to keep, at my discretion.

Entire Agreement

Before you register with my website or make any purchases therefrom, you will be asked to consent to my Privacy Policy.  If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions The information contained herein constitutes the entire agreement between site users and my company relating to the use of this website.

Severability

If any part of these terms and conditions or my privacy policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction

These terms, conditions and privacy policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Georgia, the United States of America.

Consent

By using my website, you hereby consent to my Terms and Conditions of Use.

If you require any more information or have any questions about my Terms and Conditions of website use, or my Privacy Policy, please feel free to contact me by email at art@studio1862.com.


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Privacy Policy

LAST UPDATED: MAY 20, 2018

 

I at Studio 1862 LLC respect your privacy.  This Privacy Policy is designed to explain how I collect, use, share, and protect the personal information you provide to me when you access my website, purchase my goods or services, or engage with me on social media, as well as your own rights to the information I collect.

Please read this Privacy Policy carefully. I will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy.  Any changes become effective immediately upon publication on my website, and you waive specific notice of any changes to the Policy by continuing to use and access my site(s).  I encourage you to review this Privacy Policy periodically, when you use my website for any purpose or engage with me on social media.  You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of my website after the revised Privacy Policy is posted.

 

INFORMATION THAT I COLLECT

I collect a variety of information from you when you visit my website, make purchases, or interact with me on social media. By accepting this Privacy Policy, you are specifically consenting to my collection of the data described below, to my use of the data, to the processing of this data, and to my sharing of the data with third party processors as needed for my legitimate business interests.  The information I collect may include:

Personal Data:  Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown.  You consent to giving me this information by providing it to me voluntarily on my website or any mobile application. You provide some of this information when you register with or make purchases from my website.  You may also provide this information by participating in various activities associated with my site, including responding to blogs, contacting me with questions, or participating in group training. Your decision to disclose this data is entirely voluntary.  You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from my website or from making purchases. 

Derivative Data:  Derivative data is information that my servers automatically collect about you when you access my website, such as your IP address, browser type, the dates and times that you access my website, and the specific pages you view.  If you are using a mobile application, my servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with my application. 

Financial Data:  Financial data is data that is related to your payment method, such as credit card or bank transfer details. I collect financial data in order to allow you to purchase, order, return or exchange products or services from my website and any related mobile apps. I store limited financial data.  Most financial data is transferred to my payment processor, Stripe, PayPal or Square, and you should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data. As a courtesy:

  • Stripe’s Privacy Policy can be found here.
  • PayPal’s Privacy Policy can be found here.
  • Square’s Privacy Policy can be found here.

Social Networking Data:  I may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, YouTube, or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information.  If you do not want me to access this information, please go to the specific social networking site and change your privacy settings.

Mobile Device Data:  If you use my website via a mobile device or app, I may collect information about your mobile device, including device ID, model and manufacturer, and location information.

Other data: On occasion, you may give me additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.

 

HOW I USE YOUR INFORMATION

You information allows me to offer you certain products and services, including the use of my website, to fulfill my obligations to you, to customize your interaction with my company and my website, and to allow me to suggest other products and services I think might interest you. I generally store your data and transmit it to a third party for processing. However, to the extent I process your data, I do so to serve my legitimate business interests (such as providing you with the opportunity to purchase my goods or services and interact with my website or mobile app).

 Specifically, I may use the information and data described above to:

  1. Create and administer your account; and
  2. Deliver any products or services purchased by you to you; and
  3. Correspond with you; and
  4. Process payments or refunds; and
  5. Contact you about new offerings that I think you will be interested in; and
  6. Interact with you via social media; and
  7. Send you a newsletter or other updates about my company or website; and
  8. Deliver targeted advertising; and
  9. Request feedback from you; and
  10. Notify you of updates to my product and service offerings; and
  11. Resolve disputes and troubleshoot any problems; and
  12. Administer contests or giveaways; and
  13. Generate a profile that is personalized to you, so that future interactions with my website will be more personal; and
  14. Compile anonymous statistical data for my own use or for a third party’s use; and
  15. Assist law enforcement as necessary; and
  16. Prevent fraudulent activity on my website; and
  17. Analyze trends to improve my website and offerings.

 

WHY I DISCLOSE YOUR INFORMATION

I may share your information with third parties in certain situations.   In particular, I may share your data with third party processors as needed to serve my legitimate business interests, which include administration of my website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering my goods and services, identifying trends, protecting the security of my company and website, and marketing additional goods and services to you.  The legal basis for my disclosure of your data is both your Consent to this Privacy Policy and my own right to protect and promote my legitimate business interests. 

The following are specific reasons why I may share your information.

Third Party Processing:  I may disclose your information to third parties who assist me with various tasks, including payment processing, hosting services, email delivery and customer service.  For more information, see the “Third Party Processing” Section below.

By Law: I may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others.  This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

To Protect My Company:  I may use your information to protect my company, including to  investigate and remedy any violations of my rights or policies. I may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

Advertisers:  I may use third party advertising companies to run and manage my ads, such as Google to produce ads that appears when you visit my Website. These companies may use information about your visit to my website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. I cannot control the activities of, such other advertisers or web sites.  You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

Other Third Parties:  I may share information with advertisers, my investors, or other third parties for the purpose of conducting general business analysis. If I do so, I will make reasonable efforts to inform You if required by law.

Sale or Bankruptcy: In the event that my company is sold, goes out of business or enters bankruptcy, your information may be an asset that is transferred to a third party successor.  Such a successor is not bound by my Privacy Policy and may have its own.   You will be notified in the event my Company is sold, goes out of business or enters bankruptcy.

Interaction with others: If you interact with others on my website, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with my website, such as prior comments or posts.

Online postings: When you post online, your posts may be viewed by others, and I may distribute your comments outside the website.

External Links: My website may include hyperlinks to other websites not controlled by me.  I suggest you exercise caution when clicking on a hyperlink. Although I use reasonable care in including a hyperlink on my own web page, I do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks.  I am not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by mine.  I encourage you to read the Policies of those third party websites  before interacting with them or making purchases. They may collect different information and by different methods than I do.

Other purposes: I may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or my company.

 

TRACKING TECHNOLOGIES

Cookies, Log Files and Web Beacons: Like many other websites, I makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.

I also use cookies - small text files sent to me by your computer - and web beacons to store certain  information. I may use cookies to authenticate your identity, to determine if you are logged onto my website, for personalization, for security, for targeted advertising, or for analysis of the performance of my website and services.  For example, cookies allow me to recommend blog posts to you based on what you have read on my site in the past. I use cookies that are not specific to your account but unique enough to allow me to analyze general trends and use, and to customize your interaction with my website.

Most browsers are set to accept cookies by default.  In addition, when you first encounter my website, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options.  However, this may affect your ability to use or make purchases from my website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies?  By continuing to use my website and not disabling cookies on your browser, you are consenting to my use of cookies in accordance with the terms of this policy.   

In addition, I may use third-party software to post advertisements on my website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. These third party softwares may use cookies or similar tracking technology. I have no control over these third parties or their use of cookies.  For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 

WEBSITE ANALYTICS

I may partner with third party analytic companies, including Squarespace Analytics, Google Analytics, AddThis, and Hotjar. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of my website or mobile app to determine the popularity of the content, and better understand online activity.  I do not transfer personal information to these third party vendors. However, in order to access my website, you must consent to the collection and use of your information by these third party analytic companies.  You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies,  visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 

PROCESSING YOUR INFORMATION

For the most part, I do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to me. So in many instances, it will be necessary for me to transmit your information to a third party processor, as I do not have the capability to perform these functions. More detail on third party processing is detailed below.

However, I may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and my need to conduct my legitimate business interests.  My purposes in processing this information, if I do, is to administer, maintain, and improve my website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of my transactions and interactions, to be able to provide you with goods and services, to comply with my legal obligations, to obtain professional advice, and to protect the rights and interests of my company, my customers (including you), and any third parties.  I may process the following data:

  1. Data associated with your account, such as your name, address, email address and payment information
  2. Data about your usage of my website, such as your IP address, geographical information, and how long you accessed my website and what you viewed. 
  3. Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.
  4. Data that you provide me in the course of using my services.
  5. Data that you post on my website, such as comments or responses to blogs.
  6. Data that you submit to me when you make an inquiry regarding my website or offerings.
  7. Data related to your transactions with me, including your purchase of my goods or services. This information may include contact details and payment information.
  8. Data that you provide to me when you subscribe to my emails or newsletters, including your email address and contact information.
  9. Data that you submit to me via correspondence, such as when you email me with questions.
  10. Any other data identified in this policy, for the purpose of complying with my legal obligations, or to protect the vital interests of you or any other natural person.

 

INTERNATIONAL DATA

My website is hosted by servers located in the U.S.  Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers.  Transfers will be protected by appropriate safeguards, namely the EU-ME Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome.

 

DATA RETENTION

I retain personal data as long as it is needed to conduct my legitimate business purposes or to comply with my legal obligations, or until you ask me to delete your data. For example, I will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account.  Data that I gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose.  Data that is no longer needed by me for any of the purposes listed above will be permanently deleted.  

You may request that I delete your data at any time.  However, note that I cannot control the retention policies of third parties.   If you wish to have any third parties, including those to whom I’ve transmitted your data, delete that data, you will need to contact those third parties directly.  You may request from me a list of all third parties to whom I have transmitted your data.

 

SECURITY OF YOUR INFORMATION

I take all reasonable steps to protect your personal data and keep your information secure.  I use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse.  However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse.  I cannot guarantee complete security of any information you transmit to me.

By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. I cannot prevent the use or misuse of your data by other parties.

I will notify you promptly of any known breach of my security systems or your data which might expose you to serious risk.

 

CHILDREN

This website is not designed for use by children under age 16, and I do not knowingly solicit personal data from anyone under age 16.  If you are under age 16, do not access or use my website or related products or services.  If you become aware that I have collected data of anyone under the age of 16, please contact me so that I may delete that data.

 

YOUR RIGHTS

You have certain rights with respect to your personal data, as outlined below. Note that I may charge you a reasonable fee for actions that you ask me to take with respect to your data.  In addition, I reserve the right to request that you provide me with evidence of your identity before I take any action with respect to the exercise of your data rights.  Further, your rights may be restricted or nullified to the extent they conflict with my compelling business interests, the public interest, or the law.

Update Account Information:  You have the right to update or change any information you have provided to me.  To update or delete your information, please contact me at art@studio1862.com.

Confirm Personal Data and Its Use: You have the right to request that I confirm what data I hold about you, and for what purposes.  You also have the right to confirmation of whether I process your data or deliver your data to third party processors, and for what purposes. I will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others. 

Change Consent: You have the right to change your consent to my use of your information.  In such cases, I may require you to delete your account with me, as described above, and you may not have full access to my website.

Request a Copy of Data:  You have the right to request a digital copy of the data that I hold about you.  Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.

Transfer Your Data: You have the right to request that I gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause me an undue burden.

Delete All Data:  You have the right to request that I delete all data that I hold about you, and I must delete such data without undue delay.  There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims.  Such a request may result in a termination of your account with me and you may have limited or no use of my website.

Emails And Communications:  You may opt out of receiving future email correspondence from me by checking the appropriate box when you register for the account or make a purchase.  You may change your communication settings by contacting me at art@studio1862.com.

Marketing Communications:  You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting me at art@studio1862.com.

Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, I will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or my company.  In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to my website. 

Complaints: You have the right to complain to a supervising authority if you believe I am misusing your data or have violated any of your rights under this Privacy Policy or applicable law.

 

CALIFORNIA PRIVACY RIGHTS

The State of California has established its own unique regulations that apply to California residents.  If you reside in California, you have the right to obtain from me, once per year and free of charge, information regarding what information I disclose to third party marketers, and the names and addresses of each third party to whom I disclose your data.  If you are a California resident and would like to make such a request, please use the contact information listed below.

If you are a California resident and under the age of 18, you  have the right to request that I remove any data that you publicly post on my website. To request removal of your data, please use the contact information listed below. Note that while I will remove your data that is publicly posted on my website, I may not be able to completely remove that data from my systems.

Newsletter Privacy

I offer the opportunity for you to volunteer certain information to me that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but I reserve the right to maintain a database of past email subscribers. I reserve the right to use this information as reasonably necessary in my business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting my business, such as through Facebook ads or Google Pay Per Click marketing campaigns. I do not ever sell your information to third parties; the only known exception to that would be if I were to sell my business and my clients/customer information would be given to the new owner for the purposes of conducting legitimate business (though for the foreseeable future, I have no plans to do so).

Severability

If any part of these terms, conditions and privacy policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Entire Agreement

The information contained herein constitutes the entire agreement between site users and my company relating to the use of this website.

Law and Jurisdiction

These terms, conditions and privacy policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Georgia, United States.


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My Contact Information

Email: art@studio1862.com
Phone: (772) 494-1366
Address: PO Box 244, Calvary, Georgia 39829