The Fine Print
FREQUENTLY ASKED QUESTIONS
Who actually owns the Artwork?
I retain all rights to all artwork I create. This includes the rights to images of sold & commissioned original paintings. I retain the right to make reproductions of any and all artwork I create unless the collector has also purchased the full or partial rights to the artwork. To discuss purchasing the rights, please email me. If the artwork is reproduced in a magazine or other media, I ask for credit. When you purchase an original painting you, the collector, have the right to display the artwork in your home or business but the artwork may not be altered, resold or reproduced in any way without my written permission.
Social media images, website images, and all artwork images are held under copyright and may not be used without Jocelyn Velush's consent.
Do you accept commissions?
I accept a limited number of commissions for large (30x30"+) original artwork per year. You can learn more about my commission process here.
What is your return policy?
Every order is handled with as much care and transparency as possible. All sales are final. I want you to be completely in love with your purchase, so please email me at hello@jocelynelizabeth with any questions or concerns.
TERMS AND CONDITIONS
(1) Introduction
These terms and conditions govern your use of our website (www.jocelynelizabeth.com); by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
(2) License to use website
Unless otherwise stated, we or our licensors own the intellectual property rights and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) redistribute material from this website except for content specifically and expressly made available for redistribution (such as my newsletter).
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website for any purposes related to marketing without our express written consent.
(4) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a password to enable you to access restricted areas of our website or other content or services, you must ensure that that password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.
(5) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(6) Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising [in contract and/or in tort].
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(7) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.
(8) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
(9) Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
(10) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
(11) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(12) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(13) Entire agreement
These terms and conditions [together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(14) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with United States federal law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Massachusetts.
(15) Changes to Terms
Jocelyn Elizabeth Studio LLC reserves the right, in its sole discretion, to change the Terms under which www.jocelynelizabeth.com is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
(16) Contact Us
Last updated November 27, 2023
PRIVACY POLICY
We at Jocelyn Elizabeth Studio LLC (“we”, “us”) respect your privacy and want you to understand how we collect, use, and share data about you.
This Privacy Policy (“Policy”) addresses our data collection practices and describes your rights to access, correct, or restrict our use of your personal information. Unless we state otherwise, this Policy applies when you visit or use the website(s)- www.jocelynelizabeth.com. You are deemed to have accepted the Privacy Policy or any changes to any revised Privacy Policy by your continued use of our website.
WHAT INFORMATION WE COLLECT
We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We may also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile. For example, we collect information when you sign up to receive our emails, communicate with us on the Platforms or via third-party social media sites, or order our products or services.
Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, or telephone number. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs or contacting us with questions. 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 our website or from making purchases.
Electronic Communications from Company: If you elect to receive email notifications from us, we collect your name and email address so that we can send you email communications about the requested information, products, and services. We collect data regarding which content you received as well as whether or when you accessed. Email communications are sent from a third-party platform, therefore, the collection, use, and sharing of your data will also be subject to the privacy policies and related agreements of that third party.
Customer Support: If you contact us (via email, phone, text, messaging platform, or through our social media channels), we may collect and store your name, email address, the content of your message, information about your business and any other data you provide.
We do not collect any information from you regarding your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data, or criminal conviction and offenses.
Cookies: A cookie is a small amount of data that is sent to a website user’s browser from a Web server and is stored on the computer's hard drive. We use non-identifying cookies to provide easier site navigation. Our Platforms can still be used if your browser is set to reject cookies. Our cookies do not generate personal data, do not read personal data from your machine and are never tied to anything that could be used to identify you. Information gathered through cookies may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address. Most browsers are set to accept cookies by default. In addition, when you first encounter our 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 our website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.By continuing to use our website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy.
HOW WE COLLECT YOUR INFORMATION
When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
HOW WE USE YOUR INFORMATION
We collect such Non-personal and Personal Information for the following purposes:
-
To provide and operate the Services;
-
To provide our Users with ongoing customer assistance and technical support; respond to your inquiries, comments, and applications;
-
To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
-
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
-
To comply with any applicable laws and regulations.
HOW YOUR INFORMATION IS PROTECTED
Our website is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
WHO WE SHARE YOUR INFORMATION WITH
We may share your information with third parties in certain situations. For example, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.
YOUR RIGHTS
Under the General Data Protection Regulation, you may have a number of important rights. Please note that for each of the rights below we may have valid legal reasons to refuse your request. In such instances, we will let you know if that is the case. In summary, your rights include:
– Fair processing of information and transparency over how we use your use personal information;
– Access to your personal information and to certain other supplementary information that this Policy is already designed to address;
– Require us to correct any mistakes in your information which we hold;
– Require the erasure of personal information concerning you in certain situations;
– Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations;
– Object at any time to processing of personal information concerning you for direct marketing;
– Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;
– Object in certain other situations to our continued processing of your personal information;
– Otherwise restrict our processing of your personal information in certain circumstances.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individual’s rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
– Email, call, or write to us (see “How to Contact Us” below);
– Provide us enough information to identify you (e.g., account number, user name, registration details);
– Provide us proof of your identity and address; and
– Provide us sufficient information to which your request relates (e.g., any account or reference numbers).
Email Communications: If you would like to unsubscribe from any email marketing communications we send you, you can click on the unsubscribe link at the bottom of the message.
THIRD-PARTY SITES
The Platforms may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Platforms. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through the Platforms. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
OUR POLICY CONCERNING MINORS
If we learn that we’ve collected personal data from a minor, we will take reasonable steps to delete it. Parents who believe that Company may have collected personal information from a minor can submit a request that it be removed by contacting us (see “How to Contact Us” below).
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you have the right to request certain details about what personal information we share with third parties for those third parties’ direct marketing purposes. To submit your request, please contact us (see “How to Contact Us” below) and include your mailing address, state of residence, and email address.
CHANGES AND UPDATES TO THIS POLICY
We may change this Policy. If we make changes, we will notify you by revising the date at the top of this Policy, and in some cases, we may provide you with additional notice (such as sending you an email notification).
HOW TO CONTACT US
If you have any questions about this Privacy Policy or the information we hold about you, please contact us at:
hello@jocelynelizabeth.com
Last updated: November 27, 2021