Privacy Policy

Last Updated: December 2, 2020

Let’s Make Art (“we,” “us,” or “our”) respects your privacy. This Privacy Policy explains how we collect, use, disclose, and protect Personal Information (defined below), and your choices about the collection and use of Personal Information.

This Privacy Policy applies to Personal Information collected or processed through any of our websites, blogs, or social media pages that link to this Privacy Policy (collectively, the “Site”).  

To jump to a section of this Privacy Policy, click a link below:

1. Types of Personal Information We Collect and Use
2. How We Use Personal Information
3. Disclosure of Personal Information
4. How We Protect the Confidentiality of Personal Information
5. Accessing, Updating, or Deleting Personal Information
6. Opting Out of Receiving Electronic Communications
7. International Use of the Site
8. California Residents
9. Individuals in the EU
10. Children’s Privacy
11. Other Websites and Sites, Including Social Media
12. Changes to Our Privacy Policy
13. How to Contact Us

Types of Personal Information We Collect and Use

“Personal Information” is information that identifies or relates to a particular individual. Examples of Personal Information include, among others, name, email address, phone number, mailing address, and online identifiers. 

As described in more detail below, we collect Personal Information from you in two ways – when you voluntarily submit Personal Information through a form on the Site; and through information we automatically collect when you use the Site.   

1. Information that You Provide Us

In various places on the Site, we request information from you via forms.  The exact information we need to collect (including Personal Information) will depend on the purpose of the form.  

For example:

• if you register for an account, we request contact information, including your full name, email address, and phone number;  
• if you sign up for the newsletter, we collect your email address; and
• if you purchase products on the Site, we will collect contact information, as well as a payment information (through our secure payment processor) and shipping information needed to complete the transaction.

We will indicate on the form whether a particular field of information is mandatory or optional.  If you choose not to provide certain information, we may not be able to provide requested services.

2. Information We Automatically Collect from You

We collect the following types of information automatically through your use of the Site:

When you use or access the Site, we and our service providers use cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect information about how you use the Site.  We process the information collected through such technologies, which may include or be combined with Personal Information, to help operate certain features of the Site, to enhance your experience through personalization, and to help us better understand the features of the Site that you and other users are most interested in.  

Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Site may not be available or some functionality may be limited or unavailable.  Please review the help pages of your browser or mobile device for assistance with changing your settings.

Some of our service providers may use cookies or other methods to gather information regarding your use of the Site, and may combine the information in these cookies with any Personal Information about you that they may have.   The use of such tracking information by a third party depends on the privacy policy of that third party.  We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.

Here is a list of cookies that we use. We’ve listed them here so you can choose whether to accept them or not.  Additional information regarding these cookies (including expiration date) may be available through your browser.

To assist us with analyzing our website traffic through cookies and similar technologies, we use analytics services, including Google Analytics.  For more information on Google Analytics’s processing of your information, please see “How Google uses data when you use our partners' sites or apps.”   You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We may engage third parties, including social media platforms, who use cookies, pixel tags, and other storage technologies to collect or receive information from our website and elsewhere on the internet to provide marketing services to us, including targeted advertising.  If you want to learn more, including how you may opt-out of targeted advertising, you should visit the following sites: 

• https://www.aboutads.info/choices/; 
• https://www.networkadvertising.org; 
• https://www.youradchoices.com; 
• https://www.facebook.com/settings/?tab=ads (Facebook and Instagram);
•  https://www.google.com/settings/ads/anonymous (Google); and
•  https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads (Bing).  

We do not operate or control these third party sites, and there may be additional ways for you to opt out of online advertising.  Please note that by opting out, you will continue to see ads, but ads may not be as relevant to your interests.

When you use our Site, our servers automatically record information, including your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site you visited before coming to our Site), domain names associated with your internet service provider, information on your interaction with the Site, and other such information (collectively, “Log File Information”). We may also collect similar information from emails sent to you which then help us track which emails are opened and which links are clicked by recipients. 

We use Log File Information collected from our implementation of the Site to help secure the Site by identifying potential threats and vulnerabilities and in analyzing the effectiveness of our Site to improve the Site’s function and content.  

How We Use Personal Information

We use Personal Information the following purposes:

• Fulfilling your orders for our products;
• Responding to your inquiries and customer service requests;
• Providing our Site to you; 
• Analyzing, administering, and improving the Site; 
• Enabling secure use of the Site and preventing fraud; 
• Sending information and promotional materials (e.g., newsletters and daily deals);
• Protecting our rights or our property;
• Meeting legal obligations; and
• For other purposes related to the reasons for which you provide Personal Information.

We will retain your Personal Information for the period necessary to fulfill the purposes for which your Personal Information has been collected as outlined in this Privacy Policy unless a longer retention period is required by law.  

Disclosure of Personal Information

We will not disclose Personal Information except as set forth in this Privacy Policy or with your consent. This section describes to whom we disclose Personal Information and for what purposes.

• Affiliates.  We disclose Personal Information with our affiliated businesses.  Our affiliated business may use Personal Information in accordance with this Privacy Policy, including for those affiliates’ marketing purposes.
• Our Service Providers. We engage service providers to perform tasks on our behalf and to assist us in operating the Site or providing our products and services. For example, we engage third parties to provide analytics services, advertising, payment processing, shipping, and Site and ecommerce functionality.   We take commercially reasonable steps to help ensure our service providers provide at least the same level of protection for Personal Information as we do.
• Audience Development. Some of our service providers may temporarily process Personal Information on our behalf for the purpose of helping us reach new audiences.   When we engage them to do so, we take steps to help minimize the use of Personal Information—such as converting information on our end into a cryptographic hash, then providing only the hash to a service provider.  The service provider is then only able to correlate the hash with information already in its possession to help us reach out to people with similar interests as our current audience.  
• Companies Involved in Mergers and Acquisitions Transactions.  If we sell or otherwise transfer part or the whole of our business or assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), any information collected through the Site, including Personal Information, may be among the items sold or transferred. 
• Law Enforcement, Government Agencies, and Courts.  We may disclose Personal Information at the request of law enforcement or government agencies; in response to subpoenas, court orders, or other legal process; to establish, protect, or exercise our rights; to defend against a legal claim; to protect the rights, property, or safety of any other person; or as otherwise required by law.

How We Protect the Confidentiality of Personal Information

We protect the confidentiality and security of information we obtain in the course of business. We use commercially reasonable safeguards, such as industry-standard encryption technology, to help keep the information collected through the Site secure.  

When you are paying for a product on our Site, your payment is processed by a third party payment processor that specializes in secure online payment processing.  The payment processor keeps your payment information confidential, and we only receive a “token” to confirm your payment was completed.

Despite these efforts to store Personal Information in a secure operating environment, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties. 

Accessing, Updating, or Deleting Personal Information

If you have an account with us, you have the ability to update or remove certain Personal Information associated with your account at any time through the My Account page.  If you would otherwise like to otherwise access, update, or delete Personal Information about you, you may submit a request using the contact information in Section 13, below.    We will promptly review all such requests in accordance with applicable law.

If you are a resident of California or the European Union, please see the information below in Section 8 (California Residents) and Section 9 (EU Residents) for more information regarding your rights.

Opting Out of Receiving Electronic Communications 

We may send notifications, promotions, or other information via email or text message (“Communications”). You may choose to stop receiving Communications by indicating your preference in your account profile or settings. Please note that certain Site-related Communications are necessary for the proper functioning and use of the Site (e.g., to send you emails confirming your purchase) and you may not have the ability to opt out of those Communications.  

International Use of the Site

If you are using our websites from outside the United States, please be aware that Personal Information may be collected, stored, and processed in the United States. If we transfer Personal Information internationally, we take steps to provide adequate safeguards for such transfers.  Please be aware that the data protection laws of the United States might not be as comprehensive as those in your country.  

California Residents

This section applies to our collection and use of “Personal Information” (as defined under California law) if you are a resident of California.

In accordance with California law, we collected the following categories of Personal Information within the preceding 12 months:

• Identifiers such as your name, alias, email address, mailing address, IP address, and online identifiers; 
• Certain categories of Personal Information described in subdivision (e) of California Civil Code Section 1798.80; 
• Internet or other electronic network activity information, including information on your usage of our Website (“Usage Information”); 
• Information used to create a profile about a consumer reflecting the consumer’s preferences or behavior;
• Electronic, audio, visual, thermal, olfactory, or similar information; and
• Commercial information, including records of products purchased or other purchasing histories.

We have not sold Personal Information within the past 12 months from the date this Privacy Policy was last updated.  

We disclose each of these categories of Personal Information with our service providers to the extent necessary for them to facilitate our business purposes (including any purpose specified in Section 2, above).  Additionally, some of our online advertisers may have used and disclosed Usage Information collected automatically from the Service. Regardless of whether this a “sale” of Personal Information as defined by California law, we provide you the right to opt out of cookies used for online behavioral advertising as described in Section 1(B), above. 

If you are a resident of the California, you have the following rights:

• Right to Know. You may have the right to request information on the categories of personal information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such personal information is collected and shared. You also have the right to request information on the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your personal information.
• Right to Delete.  You may have a right to request us to delete Personal Information that we collected from you. 

If you would like to exercise your rights listed above, please contact (or have your authorized agent contact) us at the contact information provided in Section 13, below.  When doing so, please tell us which right you are exercising and provide us with contact information to direct our response.  

We must verify your identity before fulfilling your requests.  If we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.  

We may deny certain requests, or only fulfill some in part, as permitted or required by law.  For example, if you request to delete Personal Information, we may retain Personal Information that we need to retain for legal purposes (e.g., tax accounting).  You have a right not to receive discriminatory treatment by any business when you exercise your California privacy rights.

Individuals in the EU

In this section, we provide additional information relating to how we process Personal Information of individuals in the EU, in accordance with the General Data Protection Regulation (GDPR).  

Our legal basis for collecting and using the Personal Information described in this Privacy Policy will depend on the Personal Information concerned and the context in which we collect it.  We collect Personal Information from you:

• where we need Personal Information to perform a contract with you (e.g., to complete a sales contract for the purchase of a product from the Site);
• where the processing is in our legitimate interests (including the purposes described, above, in Section 2); 
• where the processing is necessary for us to meet our applicable legal obligations; or 
• if we otherwise have your consent.

Depending on applicable law, you may have the right to:

• Request access to Personal Information about you.  
• Request correction of the Personal Information that we hold about you.
• Request erasure of Personal Information about you. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of Personal Information about you where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. 
• Request restriction of processing of Personal Information about you. You can ask us to suspend the processing of Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of Personal Information to you or to a third party.
• Withdraw consent at any time where we are relying on consent to process Personal Information about you. 

If you wish to exercise any of these applicable rights, please contact us as described in Section 13.

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information.  We encourage you to first reach out to us, so we have an opportunity to address your concerns directly before you do so.

Children’s Privacy 

We do not knowingly collect or solicit any Personal Information from children. In the event that we learn that we have collected Personal Information from a child, we will promptly take steps to delete that information. 

Other Websites and Sites, Including Social Media 

We are not responsible for the practices employed by any websites or services linked to or from our Site, including the information or content contained within them.  A link to a third party’s website should not be construed as an endorsement.  We encourage you to investigate and ask questions before disclosing Personal Information to third parties.  

Changes to Our Privacy Policy 

We may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you with notice of material changes to the Privacy Policy as appropriate under the circumstances. Unless otherwise indicated, any changes to this Privacy Policy will apply immediately upon posting to the Site.  

How to Contact Us 

If you have any questions about this Privacy Policy or the Site, please submit a request using the following:

Email: Hello@letsmakeart.com

Terms of Service

OVERVIEW
Welcome to Let’s Make Art. This website is maintained and operated by Let’s Make Art Holdings LLC (“Let’s Make Art”). Throughout the site, the terms “we”, “us” and “our” refer to Let’s Make Art. Let’s Make Art offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Let’s Make Art provides a curated monthly subscription service containing art supplies and educational materials. By visiting our site and/or subscribing to the Let's Make Art service or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, subscribers, or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features which are added to this website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL CONDITIONS

We reserve the right to refuse the Service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PROMOTIONAL TERMS & CONDITIONS
At Let's Make Art, discounts are valid for a limited time only. Let's Make Art reserves the right to modify or end discounts at any time. Discounts are valid until specified expiration date or while supplies last. After end date, all items remaining in your cart will no longer qualify for discount offer. If you are returning any items purchased with a discount, Let's Make Art will refund for the dollars spent on item during promotion.  Discounts may only be applied to qualifying items or collections displaying the offer. Gift cards, Subscriptions, and Digital Downloads are not included in discounts and promotions. Free Shipping (both for orders $49+ and all free shipping promotions) applies to US residents only. Thresholds and freebies are not applicable with subscriptions. If purchasing presale items, threshold items may be held until presale item is able to be shipped. 

SUBSCRIPTION TERMS

By agreeing to these Terms of Service, you represent that you are at least thirteen years of age. If you are a minor you must obtain the consent of your parent or legal guardian to use the Services or the site.

You may not use our Service or any products you obtain through the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

You must not transmit any viruses, worms, Trojan horses, or harmful code. You may not use spiders, robots, data mining techniques or automated devices or programs to reproduce, store or distribute content available on the site or to manipulate the site. You may not interfere with, or disrupt the site or any other user’s use of the site. You may not resell the Services or use of the site to any third party.

A breach or violation of any of the Terms will result in an immediate termination of your Service.

SUBSCRIPTION TYPES

Let's Make Art offers multiple recurring subscription plans:
-Recurring 1-month plans
-Non-recurring 3-month gift plans
-Recurring 6-month plans
-Recurring 12-month plans

By purchasing any of our subscription plans, you acknowledge that your subscription plan has an initial and recurring payment. At the end of the initial period specified in the plan, your subscription will be automatically renewed for successive periods of the same length at the current plan rate until you cancel your subscription.

Automatic renewals will continue until you cancel your subscription. You can cancel your subscription at any time through your account page. Please contact us at hello@letsmakeart.com and we can assist you if needed. You are responsible for paying all recurring charges prior to cancellation. However, if you have a monthly subscription, you can cancel at any time. If you'd like to cancel your subscription, but you've already been billed for another box that will be the last box you receive and you will not be charged again. 6-month, and 12-month subscription plans can have the renewal feature canceled at any time so that after the current prepaid term is complete, it will not renew. Auto-renewing 6-month or 12-month subscriptions cannot be canceled, paused (skipped), or refunded in the middle of a prepaid term.

International subscribers are only eligible to purchase recurring 1-month plans. We are currently not accepting new international subscribers for physical and shippable subscriptions.

3-Month Gift Subscriptions: Gift subscriptions are a one-time payment that does not renew after the term is complete. You will not be signed up for a recurring subscription and do not need to take any action to cancel the subscription after the boxes are sent.

Shipping dates and/or arrival times are only estimates. International subscribers should expect a delayed delivery time. For loss/damage claims, you must notify us within 60 days of the original purchase date if you believe all or part of your order is missing or damaged.

If any product purchased with the Service is defective, please contact us at hello@letsmakeart.com and we will assist you and send you a new item. This new product may be a replacement product of the same kind, or a different product equal to the value of the defective product. If we are absolutely unable to replace the defective product, we will credit your account.

Subscription boxes are final sale and not eligible for returns, exchanges, store credit, or refunds.

MONTHLY DELIVERY

Each month a Let's Make Art subscription member will receive a box with educational materials and art supplies to support 3-4 projects. Subscription boxes for a particular month start shipping on or around the 18th of the previous month. The selection of art products may change each month. Let's Make Art does not guarantee the availability of any specific art product.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our subscription Service and other products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases on the site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SUBMITTED CONTENT

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “submitted content”), you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. We are and shall be under no obligation (1) to maintain any Submitted Content in confidence; (2) to pay compensation for any Submitted Content; or (3) to respond to any Submitted Content. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, lewd, vulgar, threatening, libelous, defamatory, racially or ethnically objectionable, pornographic, obscene, unsolicited advertising, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Submitted Content will not violate any right of any third-party, including copyright, trademark, privacy, publicity or other personal or proprietary right. You further agree that your Submitted Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Submitted Content posted by you or any third-party. If you believe that any posted to this site infringes your copyright or other intellectual property rights, you should notify us of your claim. Let's Make Art will review notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address: Let's Make Art Holdings LLC 210 N Davis Street Hamilton, Missouri 64644 Notices of alleged infringement must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.

PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy. 

ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the site is secure, that its contents are accurate or reliable, or that the site is free of defects, viruses or other harmful components. In no case shall Let's Make Art Holdings LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Let's Make Art Holdings LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Local Taxes/Fees You may be charged local sales tax or VAT, if applicable. International subscribers will be responsible for paying all fees associated with the delivery of their subscription, including taxes and tariffs. International Access This website may be accessed from countries other than the United States. This website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this website outside the United States you are responsible for complying with your local laws and regulations.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Missouri.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@letsmakeart.com.