The Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. This statement will be continuously assessed against new technologies, business practices and our customers’ needs.
What Information Do We Collect?
When you visit our Web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.
1. Personal Information You Choose to Provide
For example, you may need to provide the following information:
· Website URL information
· Email address
· Home and business phone number
In addition to providing the foregoing information, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
2. Web Site Use Information
Similar to other commercial Web sites, our Web site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed and designed to safeguard the security and privacy of our customers’ personal information. As a customer, you will be given the opportunity.
What Are Cookies? Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Web site. Cookies are small pieces of data that are stored by a user’s Web browser on the user’s hard drive. Cookies can remember what information a user accesses on one Web page to simplify subsequent interactions with that Web site by the same user or to use the information to streamline the user’s transactions on related Web pages. This makes it easier for a user to move from Web page to Web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.
How Do We Use Information We Collect from Cookies?
We use Web site browser software tools such as cookies and Web server logs to gather information about our Web site users’ browsing activities, in order to constantly improve our Web site and better serve our customers. This information assists us to design and arrange our Web pages in the most user-friendly manner and to continually improve our Web site to better meet the needs of our customers and prospective customers.
Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by users to our Web site as they move from one page to another. Web server logs allow us to count how many people visit our Web site and evaluate our Web site’s visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you although they do permit us to send focused online banner advertisements or other such responses to you.
How Do We Protect Your Information?
We utilize encryption/security best practices to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.
Communication Opt Out
If you wish to opt out of receiving offers directly from Thomas Kinkade Galleries of New York and New Jersey, you can unsubscribe by following the opt-out instructions in the emails that we send you located at the footer of the communication. We can be reached by postal mail at 1841 Palisades Center Drive West Nyack, NY 10994 , or by phone at (845) 358-0006. You can email us at firstname.lastname@example.org with questions, comments or suggestions.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by The Thomas Kinkade Galleries of New York and New Jersey. The copyright in all material provided on this site is held by The Thomas Kinkade Galleries of New York and New Jersey or the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of The Thomas Kinkade Galleries of New York and New Jersey or the copyright owner. No material from this site or any other site owned, operated or controlled by The Thomas Kinkade Galleries of New York and New Jersey may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of The Thomas Kinkade Galleries of New York and New Jersey’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to The Thomas Kinkade Galleries of New York and New Jersey In the event you download software from this site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by The Thomas Kinkade Galleries of New York and New Jersey. The Thomas Kinkade Galleries of New York and New Jersey does not transfer title to the Software to you. You own the medium on which the Software is recorded, but The Thomas Kinkade Galleries of New York and New Jersey retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
The Thomas Kinkade Galleries of New York and New Jersey is pleased to hear from its customers and welcomes your comments regarding The Thomas Kinkade Galleries of New York and New Jersey products, including The Thomas Kinkade Galleries of New York and New Jersey online services. Unfortunately, however, The Thomas Kinkade Galleries of New York and New Jersey long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by The Thomas Kinkade Galleries of New York and New Jersey professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If at our request you send certain Media specific submissions (e.g., artwork, postings to contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of The Thomas Kinkade Galleries of New York and New Jersey. None of the Submissions shall be subject to any obligation of confidence on the part of The Thomas Kinkade Galleries of New York and New Jersey shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, The Thomas Kinkade Galleries of New York and New Jersey shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
The Thomas Kinkade Galleries of New York and New Jersey is not necessarily affiliated with sites which may be linked to this site and is not responsible for their content (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.
Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting The Thomas Kinkade Galleries of New York and New Jersey products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by The Thomas Kinkade Galleries of New York and New Jersey from its offices within the State of California, United States of America. The Thomas Kinkade Galleries of New York and New Jersey makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE THOMAS KINKADE GALLERIES OF NEW YORK AND NEW JERSEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE THOMAS KINKADE GALLERIES OF NEW YORK AND NEW JERSEY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE THOMAS KINKADE GALLERIES OF NEW YORK AND NEW JERSEY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE THOMAS KINKADE GALLERIES OF NEW YORK AND NEW JERSEY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE THOMAS KINKADE GALLERIES OF NEW YORK AND NEW JERSEY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THE THOMAS KINKADE GALLERIES OF NEW YORK AND NEW JERSEY OR A THE THOMAS KINKADE GALLERIES OF NEW YORK AND NEW JERSEY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE THOMAS KINKADE GALLERIES OF NEW YORK AND NEW JERSEY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
These terms shall be governed by and construed in accordance with the laws of the States of New York and New Jersey, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Nyack County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as posted by The Thomas Kinkade Galleries of New York and New Jersey on this site or in writing, signed by The Thomas Kinkade Galleries of New York and New Jersey
No refunds or returns. Exchanges only.
If purchased item is in “like new” condition, buyer may exchange it within 14 days of receipt of product. Buyer will not be subject to a restocking fee in this case, but buyer pays shipping fees if applicable.