Terms and Conditions of Use

NOTICE: These Terms and Conditions of Use are legally binding and apply to all products and services provided by Abe & Art Designs, LLC. The terms “we,” “us,” “our” and “Company” refer to Abe & Art Designs, LLC “You” refers to you, as a user of Service. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchasing, using or accessing any of our products, including digital designs, online courses and print and digital quilt patterns. By using this website, or using or accessing any of our products or services, you agree to abide by the Terms and Conditions outlined in this policy.

You may:

-Access products and services for Your personal use.

-Download and print materials for Your personal use.

-Use our copyrighted materials with written consent and proper credit to Abe & Art Designs, LLC ©.

You may not:

-Transfer Your access to our website, product(s) or service(s) to another individual.

– Share Your access to our website, product(s) or service(s) with any other individual who has not purchased it or been granted access to it by the Company.

-Reprint any part of our materials for use by another individual.

-Distribute or reproduce any part of our materials or communications as your own.

-Claim ownership of any of our intellectual property without written consent.

If you wish to reuse any content of our materials, you may request written permission prior to use by emailing contact@abeandart.com.

Civil and Criminal Penalties

Although our products and services are not always tangible it is still considered theft to steal any content of our products or services or violate these Terms and Conditions of use in any other way. We reserve the right to prosecute any person who violates these terms and conditions to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. By purchasing our products or services or accessing our materials, including our website, you consent to personal jurisdiction in the state of Missouri.

Disclaimers

You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our 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).

Occasionally our products, materials and services may contain errors, inaccuracies or omissions. We reserve the right to update any errors, inaccuracies, or omissions on any products, materials, or services at any time, without prior notice, even after order submission.

As allowable by law, we will not be held liable for any loss or damage, direct or indirect, acquired by you or others in connection with our product(s), material(s) or services.

You acknowledge and agree that we will not be held liable for any inappropriate, offensive, or illegal conduct or activity by you or any other user.

We make reasonable efforts to ensure our technology is reliable and up-to-date. However, You accept and acknowledge our lack of responsibility for any technological failure.

Warranties

EXCEPT AS EXPRESSLY SET FORT IN THIS AGREEMENT, THE PRODUCTS AND SERVICES TO BE ACCESSED OR PURCHASED UNDER THIS AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PRODUCTS, SERVICES, OR MATERIALS WILL BE CORRECT, COMPLETE, OR DEFECT-FREE.

Indemnification

You agree at all times to indemnify and hold harmless our Company, as well as any of our partners or affiliates, as applicable, from and against any and all claims, causes of action, damages, liabilities, cost and expenses, including legal fees and expenses, arising out of or related to our products, materials and services.

Limitation of Liability

We will not be held responsible in any way for any requested information related to our products, materials and services. We do not assume any liability for any negative outcomes as a result of your access to our website, products, services or materials.

Termination

In the event that we feel you have violated these Terms and Conditions, your use of our website and any related services will be immediately terminated. We may revoke access at any time without notice.

Due to the nature of or products and services, refunds will not be given unless otherwise specified in writing.

Entire Agreement

Before using our website and making any purchases from our website, you will be asked to consent to our Privacy Policy. Once you have consented, the terms of the Privacy Policy along with these Terms and Conditions and the information contained in both polices constitutes the entire agreement between you and our company relating to use of this website.

If any part of these Terms and Conditions or our Privacy Policy is determined to be unlawful or unenforceable, all other portions will remain in 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 Missouri, United States.

Consent to Terms and Conditions of Use

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

All rights not expressly granted in these Terms and Conditions of Use are reserved by Company.

Privacy Policy

Who We Are

Abe & Art Designs, LLC (the “Company”) is committed to protecting the privacy of its users. This Privacy Policy (“Privacy Policy”) outlines what information we gather, how we use it, what we do to protect it, and can help inform your decisions when using our website for any purpose, including purchasing our products, classes and services. Unless otherwise indicated below, this Privacy Policy applies to any website that references this Privacy Policy, any Company website, as well as any data the Company may collect across social media platforms, partner websites, and unaffiliated websites.

For purposes of this Agreement, “Service” refers to any products, classes, services, or other offerings that will be ordered, purchased, downloaded or accessed via our website at http://www.themoonshinecreative.com. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.

Consent to Privacy Policy

By accessing our Service, you accept our Privacy Policy and you consent to our collection, use, retention, sharing and protection of your personal information as described in this Privacy Policy. In addition, by using our Service, or services across partnered and unaffiliated sites and social media platforms, you are accepting the policies and practices described in this Privacy Policy. Each time you visit our website, or use the Service, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with us, this Privacy Policy applies to all users of the website and the Service.

What personal data we collect and why we collect it

While you visit our site, we’ll track:

  • Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
  • Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
  • Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!

When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:

  • Send you information about your account and order
  • Respond to your requests, including refunds and complaints
  • Process payments and prevent fraud
  • Set up your account for our store
  • Comply with any legal obligations we have, such as calculating taxes
  • Improve our store offerings
  • Send you marketing messages, if you choose to receive them

If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.

When shopping, we keep a record of your email and the cart contents for up to 30 days on our server. This record is kept to repopulate the contents of your cart if you switch devices or needed to come back another day. Read our privacy policy here.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Subscriptions

We collect information about your name and email during subscription. This information may include, but is not limited to, your name, email address and any other details that might be requested from you for the purpose of subscribing your email.
Handling this data also allows us to:
– Send you important account/order/service information.
– Respond to your queries or complaints.
– Set up and administer your account, provide technical and/or customer support, and to verify your identity.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

Payment

We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.

When paying via PayPal you will be redirected to a secure PayPal operated site or mobile app, which may appear to be part of our website. We will not see any of your authentication or financial information held by PayPal, including credit card information, email address and password. We will only be notified of the failure or success status of the transaction, and may also see a reason for a transaction failure (e.g. “insufficient funds”, or “card reported as stolen”).

Please review PayPal’s privacy policy for more information on how PayPal may use, retain, share and protect your data.

Analytics

We may use third-party services for website analytics, including Google analytics. Website analytics providers may use tracking technologies, such as cookies, to analyze use of our website and to gather information about online activity. We do not provide personal information to these third-party companies. By using our website, you consent to collection and use of your information by any website analytics companies we partner with. Please review their Privacy Policy to better understand how they may use, retain, share and protect your data.

Visitor Comments

Visitor comments may be checked through an automated spam detection service.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. This includes your name, email address and billing and shipping addresses.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

How We Protect Your Data

We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.

Age

Access to our products, classes and services by a minor is a violation of use. We reserve the right to terminate access if use by a minor is discovered. You acknowledge that you are at least 18 years of age or age of majority in your jursdiction.

Changes to Our Privacy Policy and Terms and Conditions of Use

The Company reserves the right to change this Privacy Policy and our Terms and Conditions of Use at any time.

If we decide to change this Privacy Policy, changes will be posted on this page so you are aware of how we may use, retain, share and protect your data. Any modifications to this privacy policy become effective upon your continued access to and/or use of the Service five (5) days after we first post the changes on the website or otherwise provide you with notice of such modifications. It is your responsibility to check this website stay aware of periodic changes to the terms of this Privacy Policy. If you do not agree to any changes made to this Privacy Policy, you must terminate access to this website.

If we decide to change the Terms and Conditions of Use, changes will be posted on this page for your continued understanding of how you are allowed to use and access the Company’s products, classes, and services. Any modifications to the Terms and Conditions of Use become effective upon your continued access to and/or use of the Service five (5) days after we first post the changes on the website or otherwise provide you with notice of such modifications. It is your responsibility to check this website stay aware of periodic changes to the Terms and Conditions of Use. If you do not agree to any changes made to the Terms and Conditions of use, you must terminate access to this website.

If you have provided your email address to us, you agree to be notified via email regarding changes to this Privacy Policy or Terms and Conditions of Use.

If you have any questions regarding this Privacy Policy, the Terms and Conditions of Use or the practices of this Site, or wish to withdraw your consent for the use or disclosure of your Personal Information, please contact us by emailing help@abeandart.com

Last Updated:

This Privacy Policy was last updated on October 1, 2020.