Privacy Policy

PRIVACY POLICY

We appreciate your interest in the SAGE ART Marketplace, available at www.SAGE ART.com. We respect your privacy. Therefore, we collect and process your personal data only in accordance with the relevant legal requirements. In no case do we rent or sell your personal data for marketing or other purposes.

This Privacy Policy explains the types of personal data we collect when you use the Marketplace and how we process it.

1. DATA CONTROLLER, DATA PROTECTION OFFICER AND REPRESENTATIVE IN THE EUROPEAN UNION (EU)

1.1 SAGE ART Inc (111 Sutter St., 17th Floor, San Francisco, CA 94104, USA) and SAGE ART Ltd (Level 12, 697 Collins St., Docklands, Victoria 3008, Australia); email legal@SAGE ART.com (hereinafter collectively “SAGE ART”, “we”, “our”, “us”, etc.) are joint data controllers for the purposes of the European Union’s General Data Protection Regulation (GDPR).

1.2 You can reach our Data Protection Officer at the following contact details: Data Protection Officer, DP DOCK DPO Services GmbH, Gut Projensdorf, 24161 Altenholz, Germany. Email SAGE ART@dp-officer.com.

1.3 Our representative in the European Union pursuant to Article 27 of the GDPR is SAGE ART Europe GmbH, Stralauer Platz 33-34, 10243 Berlin, Germany. Email privacy@SAGE ART.com.

1.4 Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data infringes the GDPR (Article 77 GDPR). You can assert this right in Berlin at the supervisory authority responsible for us: Berlin Commissioner for Data Protection and Freedom of Information, Friedrichstr. 219, 10969 Berlin, Germany. Email mailbox@datenschutz-berlin.de.

2. WHAT IS PERSONAL DATA

Personal data is all information that can be individually assigned to you either directly or indirectly. This includes, for example, your name, address, telephone number, cell phone number, fax number and email address. Non-personal data, on the other hand, is information of a general nature that cannot be used to determine your identity. This is, for example, the number of users of the Marketplace.

3. THE TYPES OF PERSONAL DATA WE COLLECT

You can generally visit the Marketplace without providing us with any information that directly identifies you. Please note, however, that you may not be able to use certain areas of the Marketplace or certain of the services we offer.

3.1. WEB SERVER LOGS (INCL. IP ADDRESSES)

When you visit and use the Marketplace, our web server automatically collects so-called access data out of technical necessity, which your terminal device automatically transmits. This log record may include the following information: your IP address, the date and time you are on the Marketplace, the pages you visit on the Marketplace, the name of the file you retrieve and the amount of data transferred, the message whether the retrieval was successful, the website you were on before (so-called referrer website), the browser you use (e.g. Microsoft Edge or Google Chrome), the operating system you use (e.g. Windows 10) as well as the domain name and address of your internet provider.

3.2. PERSONAL

(a) Otherwise, we collect personal data from you if you have voluntarily provided it to us in order to provide, operate and administer the Marketplace in accordance with our User Agreement (see www.SAGE ART.com/agreement) and to provide you with our services.

∙ Specifically, we collect (a) your username and email address when you create a user account and register for the Marketplace; (b) your name, shipping address, phone number, email address, and bank or payment information when you order a product through the Marketplace; (c) your name, address, phone number, email address, bank information, and tax status or number when you sell products through the Marketplace; and (d) your email address when you fill out a form or send us an email. When we collect your personal data, we will inform you whether the provision of the respective personal data is required or merely optional, as well as about the possible consequences if you do not provide the respective information.

∙ In addition, we collect personal data that you provide to us in connection with your visit to and use of the Marketplace and our services, e.g. your sales and order history, favorite and marked products on the Marketplace, your movements and executed actions on the Marketplace, as well as the content and details of your messages that you send and receive from other users via our BubbleMail service. Insofar as you use a so-called single sign-on function of a social network to log in to the Marketplace, we collect your personal data from the corresponding social network that you have made publicly available there.

(b) If you have given us your consent, we will also collect your email address as part of the registration process for our newsletter and other promotional messages.

4. HOW WE PROCESS YOUR PERSONAL DATA

4.1. We process your personal data in order to provide and operate the Marketplace in accordance with our User Agreement and to provide you with our services, in particular (a) for the processing and coordination of sales and orders on the Marketplace; (b) for the provision of a functional and accurately running Marketplace – within the range of what is technically possible and reasonable – by observing, monitoring and maintaining the performance of the Marketplace (in particular by identifying and appropriately resolving problems and errors); (c) for providing and maintaining means of communication with SAGE ART Support via live chat, email, web forums, social media or telephone and for handling such communication accordingly; and (d) for providing and maintaining means of communicating or exchanging ideas with other users via message boards, chat rooms or interactive online forums or for submitting reviews for products offered on the Marketplace.

The legal basis for this is Article 6(1)(b) GDPR.

Please note with regard to the communication via message boards, chat rooms or interactive online forums explained in section 4.1(d) that if you post a comment on a message board or chat room, this information will be made available to the public in an online environment. Each comment posted is the sole responsibility of the individual user. If you use such an interactive area, you should always be aware that these areas, and therefore any personal information shared there, are publicly accessible. We cannot control how other visitors to the Marketplace use this information. In particular, we cannot prevent you from receiving unsolicited communications.

4.2. Furthermore, we process your personal data as a precaution against and prevention of fraudulent acts on the Marketplace.

The legal basis for this is Article 6(1)(f) GDPR. Our legitimate interests in this context are to protect the integrity of the Marketplace, our services, our system and our users.

4.3. Furthermore, we process your personal data for our efforts to (a) provide you with the most optimal and meaningful user experience possible when visiting and using our Marketplace and services; and (b) improve and optimize the Marketplace, its layout and content, and our services.

The legal basis for this is Article 6(1)(f) GDPR. Our legitimate interests in this context are to provide you with an optimal and meaningful user experience on the Marketplace that meets your expectations and needs on the one hand and fulfills our commercial interests on the other hand.

4.4. To the extent you have given us your consent, we will further process your collected personal data for the provision and optimization of our email marketing efforts, in particular the provision of our newsletter and other marketing messages about SAGE ART events, SAGE ART services, SAGE ART products and special SAGE ART offers.

You may revoke your consent at any time with future effect. You may do so at any time by following the instructions included in any email or by contacting our customer service, for example, by sending an email to the contact options listed in Section 1 or by contacting our Help Center at help.SAGE ART.com/hc/en-us (which you can also access via the “Help” link at the bottom of the Marketplace homepage). If you have given us your consent, we will continue to process your email address to send you helpful information about using our services from time to time. You can disable these messages at any time by deactivating the receipt of such messages in the settings functions of your user account.

The legal basis for this is Article 6(1)(a) GDPR.

4.5. Furthermore, we may process the information collected by our web server (cf. Section 3.1) in the event of system abuse in cooperation with your Internet provider and/or local authorities in order to determine the originator of this abuse.

The legal basis for this is Article 6(1)(f) GDPR. Our legitimate interests in this context are the protection of the integrity of the Marketplace, our services, our system and our users.

5. TRANSFER OF PERSONAL DATA

Your personal data is very important and helpful for us to provide and optimize the Marketplace and our services. We do not share your personal information with third parties unless (a) it is necessary for the provision of the Marketplace and/or our services; (b) otherwise permitted by applicable law; or (c) you have given us your consent. In light of the above, we will only share your personal data with third parties to the extent set out below.

5.1. In order to provide our services in the form of processing and coordinating sales or orders between users on the Marketplace, it is necessary to pass on your name, delivery address and telephone number to production, printing, logistics or processing service providers on behalf of the seller. Please note that this information is shared solely for the purpose of processing the sale or order made between users. However, this information will not be made available to the aforementioned service providers for marketing purposes under any circumstances.

The legal basis for this is Article 6(1)(b) GDPR.

5.2. In the event that claims are made against SAGE ART by third parties claiming that any content transmitted by you to the Marketplace violates applicable law, intellectual property rights of the third party (e.g. copyrights and ancillary copyrights, patents, trademarks, company logos, work titles or designs) and/or other rights of the third party (e.g. general personal rights or the right to one’s own image), we are entitled in accordance with our User Agreement to pass on your name, address and/or further information about the content objected to by the third party to the third party in order to enable the third party to assert its rights against you.

The legal basis for this is Article 6(1)(b) GDPR.

5.3. We are further entitled to outsource the processing of personal data in whole or in part to external service providers who act for us as processors within the meaning of Article 4(8) GDPR. If these service providers are located outside the European Union or European Economic Area, we will take appropriate security measures in accordance with legal and regulatory requirements to ensure the security of your personal data.

We use external service providers as part of the provision and operation of the Marketplace and the provision of our services for the purposes listed below:

∙ For hosting the Marketplace and storing the databases in the backend of the Marketplace.

∙ For enabling and providing live chat communications.

∙ For enabling and providing the technical requirements for product reviews by users.

∙ For the precaution against as well as the detection, identification and prevention of fraudulent actions on the Marketplace.

∙ For observing and monitoring the performance of the Marketplace and detecting, identifying and resolving problems and errors on the Marketplace.

∙ For providing our Customer Relationship Management, in particular customer and product support for the Marketplace, as well as investigating, identifying and resolving customer support requests via live chat, email, web forums, social media or telephone.

∙ For enabling data reporting and analytics for our internal business purposes.

∙ For optimizing typography in the Marketplace.

∙ For effectively and efficiently organizing and administering our internal business goals.

∙ For optimizing and improving our budget planning, business performance, analysis and reporting.

∙ For providing services for our marketing as well as for optimizing our marketing, such as delivering digital ads relevant to you via targeting or advertising cookies. These types of cookies also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We use cookies to help us identify and retarget users who may be interested in our products, services or offerings both on the Marketplace and on third party websites. For example, we use proprietary technology to specifically target users by creating advertising material based on the users’ previous behavior.

The legal basis for this is Article 6 (1)(a) GDPR.

∙ For providing payment services to our users.

The legal basis for this is Article 6 (1)(b) GDPR.

5.4. In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.

6. HOW WE SECURE YOUR PERSONAL DATA

We take all necessary and reasonable steps to keep your personal data secure, but by its nature, unfortunately, no system is impenetrable. Due to the inherent nature of the Internet, we cannot guarantee that information is one hundred percent secure from unauthorized access during transmission over the Internet or while it is stored on our system or otherwise. Your payments are made over an encrypted connection or through a secure data processor. Access to your personal data on our databases is subject to appropriate technical security measures. Furthermore, only persons authorized by us can access your personal data to the extent necessary for their respective activities (so-called need-to-know principle). External service providers who have access to personal data in the course of their activities must sign a commissioned processing agreement (Article 28 GDPR) with us, which obliges them to implement the necessary and appropriate steps to protect the personal data provided to them.

7. STORAGE PERIOD

Your personal data will be stored by us only as long as it is necessary to achieve the purposes for which it was collected or – if there are any legal retention periods beyond this – for the duration of the legally prescribed retention period. Subsequently, your personal data will be deleted.

8. COOKIES AND SIMILAR TECHNOLOGIES

For the processing of personal data using cookies and similar technologies in the context of the Marketplace, please see our Cookie Policy (including our Consent Manager Tool), which is part of this Privacy Policy.

9. YOUR RIGHTS UNDER DATA PROTECTION LAW

In accordance with applicable data protection law, you may have the following rights.

(a) Right of access, rectification, erasure and restriction: You may have the right to request information about your personal data stored by us at any time. When we process your personal data, we take reasonable steps to ensure that your personal data is accurate and up to date for the purposes for which it was collected. In the event that your personal data is inaccurate or incomplete, you may request that it be corrected. You may have the right to request the deletion or restriction of the processing of your personal data if, for example, there is no longer a legitimate business purpose for such processing under this Privacy Policy or applicable law and legal retention obligations do not prevent further storage.

Your user account shows you the essential personal data that is stored by us. You can view, change and/or delete this personal data at your own discretion. Furthermore, you can contact us at any time with a request for information, deletion and restriction under the contact options listed in section 1.

(b) Right to data portability: You may have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format or to transfer this data to another controller. For this purpose, please contact the contact options listed under item 1.

(c) Right to object: You may have the right to object to the processing of your personal data on specific grounds relating to your particular situation. To do so, please contact the contact options listed under item 1.

(d) Right to revoke your consent: If you have consented to the collection and processing of your personal data, you may revoke your consent at any time with effect for the future, but without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. You can also object to the use of your personal data for the purposes of market and opinion research as well as advertising and to unsubscribe from receiving our newsletter (see section 4.4). To do so, please use the contact options listed under section 1.

(e) Supervisory authority responsible for possible complaints: You have the right to file a complaint with the competent data protection supervisory authority.

10. CHANGES

SAGE ART reserves the right to change this Privacy Policy at any time in accordance with the law. This may be necessary, for example, to comply with new legislation or in the case of new services.

11. CONSUMER PRIVACY ACT (“CCPA”) – FOR CALIFORNIA RESIDENTS

This Section 11 applies only to users of our Marketplace who are California residents. As used in this Section, “Personal Information” in this Section 11 means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”).

11.1 CCPA DISCLOSURE

The chart below provides the categories of Personal Information (as defined by the CCPA) we have collected, disclosed for a business purpose, sold, or used for business or commercial purposes in the preceding twelve (12) months since this California Resident Privacy Notice was last updated, as well as the categories of sources from which that Personal Information was collected, and the categories of third parties with whom we shared Personal Information. The examples of Personal Information provided for each category reflect each category’s statutory definition and may not reflect all of the specific types of Personal Information associated with each category.

11.2 USE OF PERSONAL INFORMATION

We collect, use, and disclose your Personal Information in accordance with the specific business and commercial purposes as described in Sections 3-5 of this Policy.

11.3 COLLECTION OF PERSONAL INFORMATION

In the preceding twelve months since this notice was last updated, we have collected Personal Information from the following categories of sources:

∙ You/Your Devices: You or your devices directly.

∙ Users: Other users of our services.

∙ Affiliates.

∙ Analytics Providers.

∙ OS/Platform Provider: Operating systems and platforms.

∙ Social Networks.

∙ Partners: Business partners.

11.4 DISCLOSURE OF PERSONAL INFORMATION

As set forth in Section 5 of this Policy, we share your Personal Information with the following categories of third parties:

∙ Affiliates.

∙ Analytics Providers.

∙ Vendors: Vendors and service providers.

∙ Integrated Third Parties: Third parties integrated into our Services.

∙ Third Parties as Legally Required: Third parties as required by law and similar disclosures.

∙ Third Parties in Merger/Acquisition: Third parties in connection with a merger, sale, or asset transfer.

∙ Third Parties with Consent: Other third parties for whom we have obtained your permission to disclose your Personal Information.

11.5 RIGHT TO KNOW AND ACCESS

You may submit a verifiable request for information regarding the: (i) categories of Personal Information collected, sold, or disclosed by us; (ii) purposes for which categories of Personal Information are collected or sold by us; (iii) categories of sources from which we collect Personal Information; (iv) categories of third parties with whom we disclosed or sold Personal Information; and (v) specific pieces of Personal Information we have collected about you during the past twelve months.

11.6 RIGHT TO DELETE

Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you.

11.7 VERIFICATION

Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, we may request that you provide us with personal information that matches the identifying information that you have already provided to us.

11.8 AUTHORIZING AN AGENT

To authorize an agent to make a request to know or delete on your behalf, please email us at privacy@SAGE ART.com.

11.9 SUBMIT REQUESTS

To exercise your rights under the CCPA, click this the “Do not sell my Personal Information” link in the footer) or email datadeletions@SAGE ART.com. Only you or an agent duly authorized to act on your behalf may submit verifiable consumer request related to your Personal Information. A verifiable consumer request must:

∙ Provide sufficient information that allows SAGE ART to reasonably verify the requester’s identity; and

∙ Describe the request with sufficient detail that allows SAGE ART to properly understand, evaluate, and respond to it.

11.10 RIGHT TO EQUAL SERVICE AND PRICE

You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations. SAGE ART may offer certain financial incentives to the extent permitted by the CCPA that result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive that is offered will reasonably relate to California consumers’ personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program would require prior opt in consent, which may be revoked at any time.

11.11 SHINE THE LIGHT

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California consumers to request certain information regarding SAGE ART’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@SAGE ART.com.

12. COMPLAINTS

For any questions, concerns or complaints relating to this Privacy Policy or SAGE ART’s privacy/data protection practices, please contact the SAGE ART Data Protection Officer at the contact details listed in Section 1.

You may also lodge complaints with the relevant supervisory authority, depending on your location.

Date: Nov 2022

Version 1.0

The SAGE ART website located at https://sageart.ai/ is a copyrighted work belonging to SAGE ART – FONZEL LLC. with the operational partnership of WHOLESOME LLC. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of the Terms Of Use Generator.

Access to the Site

Subject to these Terms. The company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with or without notice to you.  You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

User Content

User Content. “User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content.  You hereby certify that your User Content does not violate our Acceptable Use Policy.  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site.  You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.  Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. 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.”

Cookies and Web Beacons. Like any other website, SAGE ART 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.

Disclaimers

The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages.  Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.  You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

your physical or electronic signature;

identification of the copyrighted work(s) that you claim to have been infringed;

identification of the material on our services that you claim is infringing and that you request us to remove;

sufficient information to permit us to locate such material;

your address, telephone number, and e-mail address;

a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: 1309 N Lawrence St, Unit 4, Philadelphia PA 19122. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within us County, California, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved.  All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: 1309 N Lawrence St, Unit 4, Philadelphia PA 19122

Email: anish.eurosteel@gmail.com