Updated: March 1, 2019
We care about your privacy online, so here is relevant information regarding privacy on our website www.jenniemoserdesign.com. Our goal is to safeguard the privacy of all our visitors and users. Please make sure you understand our practices before you use our site.
2.0 No Children’s Use
Our website is not intended for children, which is defined as anyone under 13 years of age in the US and anyone under 16 in the EU. Anyone under the age of 18 must have a parent or guardian be willing to agree to these terms on their behalf. If you are a child under these definitions, you may not use or provide any information on this Website; use any of its features or register; make any purchases; use any of the interactive or public comment features; or provide any information about yourself to us.
If we learn that we have received personal information from a child without parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
3.0 Data: Do we collect it, and what do we do with it? (For EU visitors)
3.1 Data Collection Table
PERSONAL DATA WE COLLECT
PURPOSE OF COLLECTING DATA
LEGAL BASIS FOR COLLECTION & PROCESSING
Provide goods/services; Personalize website/email experience; Protect our company
We will ask for consent
Provide goods/services; send emails about goods/services
We will ask for consent
Deliver goods/services as part of transaction
Collect payment for goods/services
To answer questions and improve site experience and offerings
Need questions to provide answers
Improve site experience and offerings
We will ask for consent
TYPE OF BUSINESS
Improve site experience and offerings
We will ask for consent
3.2 Who Has Access To The Data We Collect?
We process and store data we collect from you, but we may also use third parties to assist us with processing your personal data including the following categories of vendors:
Financial transaction processors (Paypal)
Customer service communication platform
Contest and survey platform
Email communication manager
Marketing funnel providers
Website management services
Website design and programming services
Website analytics services (Wix Analytics, Google Analytics)
Any of these third parties who help process or store your data have written agreements with us that prevent them from using, sharing, or storing your personal data for any other purpose than the scope of our contracted terms with them.
3.3 Legitimate Interest: We claim a legitimate interest for processing your personal information when you submit the information with an expectation that it will be processed without any impact on you. If you have questions about your data, what we use it for, or the basis for us collecting it, please contact us at email@example.com
3.4 How Long Do We Keep Your Data? We keep your personal data for differing periods of time depending on why we gathered it:
Opt-In to [Newsletter, Email Course, Program]: 36 months
Waiting List: 24 months
Transaction: Four years for tax audit purposes.
Submitting Questions: Five years
Survey data: 24 months
Lessons: 24 months
If a legal claim arises involving your data, we will store and disclose that data to the relevant parties until the matter has been resolved.
3.5 Your Right To Ask For Corrections, Erasure, And Export Of Your Data: You have the right to control your personal data. Specifically, you have the following rights:
The right to be informed: We are informing you now with this policy.
The right of access: We’ll provide you with the data we have about you.
The right to rectification: Request we fix incorrect data about you.
The right to erasure: Request we erase certain data about you.
The right to restrict processing: Ask us to restrict certain type of processing of your personal information.
The right to data portability: Ask us to provide your personal data we have for export.
The right to object: Object to how we use your data.
Rights in relation to automated decision making and profiling: We don’t profile you, but keep in mind you have this right with other sites.
To exercise any of these rights, please contact firstname.lastname@example.org with your request.
3.6 Your Right To Withdraw Consent: Although this is mentioned above, we want to emphasize that wherever we’ve asked for your consent to collect or process your personal data, you have the right to withdraw that consent. If you receive email messages from us, you can use the Unsubscribe link in each message to withdraw consent and stop the mailings. Alternatively, you can contact us at email@example.com with your request.
3.7 Do We Transfer Your Data To Third Countries? No. We are located in the United States. Your data is collected and held here.
3.8 Privacy Concerns, Contacting Us, Complaints: You can contact firstname.lastname@example.org with any questions or requests about these policies or your personal data. If, after contacting us, you feel a privacy issue has not be resolved, you have the right to file a complaint with a Supervisory Authority such as the Data Protection Commissioner of Ireland.
Representative: Jennie Moser
3.9 Cookies and Similar Technologies:
4.0 For California Folks
4.1 Do Not Track Signals: Pursuant to the California Online Privacy Protection Act, we hereby disclose that we do not currently honor Do Not Track signals issued by browsers or other third-party sources.
4.2 California Eraser Law If you are an individual under 18 and have provided personal information or content to us in some manner, you have the right to request the deletion of that information pursuant to the “California Eraser Law.” Contact us to make such a request at email@example.com
5.0 For Our Valued Friends Regardless of Location
5.2 Legal Disclosures of Personal Information:We may process, store, and disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to 1) conform to the edicts of the law or comply with legal process served on us; 2) protect and defend our rights or property; or 3) act under exigent circumstances to protect the safety of the public or users of the site.
5.3 DMCA Disclosures:We comply with the Digital Millennium Copyright Act of 1998. As part of the compliance process, we may be required to disclose whatever information we have for you to a copyright holder who has submitted a complaint to us.
5.4 Third Party Websites: We link to other sites, but please keep in mind that we do not control the privacy policies of those sites. Make sure to review the policies of these sites before providing your personal information.
5.5 Sale of Business: Should we sell a portion or all of this site or our business, your personal information will be an asset transferred to the new owner.
6.0. Miscellaneous Legal
6.2 Entire Agreement: The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
Terms & Conditions of Use
Updated July 11, 2019
Welcome to www.jenniemoserdesign.com, as operated by Jennie Moser Design, LLC. These are our rules if you want to use our website and digital products/templates available for purchase from our site. If you do not agree to these rules, you cannot use our site and we invite you to explore other options. You must also agree to the usage terms connected with the purchase of any media.
We can change these rules whenever we want and will post the new rules on our site, whether you notice them or not. We have intentionally written them in a way that avoids legalese so that everyone can clearly understand and agree to the rules and understand their rights and responsibilities.
We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products. We aim to provide a clear and transparent customer experience for you.
1.0 Site Services
We agree to provide you with services, or the “Service” through www.jenniemoserdesign.com and any affiliate domains or sub-domains. In exchange for providing this service, we require you to follow these rules:
You must be at least 13 years old to use the Site, or if you are a resident of the EU, you must be at least 16 years old. Don’t lie about your age. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf.
Don’t change anything about our website or applications, upload any type of virus or malware, or do anything that might interfere with the way the Site or its services works.
Don’t do anything that might affect how other people use and enjoy the Site. Be a good neighbor.
Don’t encourage anyone to break these rules.
Use your common sense, and be a good human.
Don’t post anything violent, or anything that promotes violence or violent groups, or that might make other people feel scared.
Don’t post content that contains nudity, sexual violence, or commercial sexual services.
Don’t post content that promotes crime or anything that would break US law.
Do not post content related to certain regulated goods, like selling or trading non-medical drugs, pharmaceutical drugs, or marijuana.
Don’t bully anyone or post anything horrible about people. By bullying, we mean making a degrading statement about someone or posting inappropriate images that threaten someone. If you wouldn’t say it to someone’s face, you shouldn’t say it on the Site. And if you can’t say anything nice or at least constructive, maybe you shouldn’t say anything at all.
Don’t post personal or private information about someone else. This includes someone’s contact information like their phone number, address, email, location, or other private details.
Don’t post stuff that doesn’t belong to you or infringes upon someone else’s intellectual property.
Don’t use anybody else’s account without their permission or try to find out their login details.
Don’t let anyone else use your account. Keep your password secret.
Don’t set up an account with someone else’s name, including a famous person or company. If you lie when you set up an account, you can be kicked off forever.
Don’t use any type of software or robot to create accounts or access Site, and don’t use it send spam or unwanted messages to others.
Don’t register an account if your previous account was disabled or you were kicked off for violating our rules.
Don’t register for an account if you are not allowed to under any other rules or laws.
2.0 Your Rights
2.1 You have the right to feel safe using Site.
We reserve the right to republish or distribute anything you upload to our site as reasonable in the course of our business. You agree not to submit any content that could be illegal or serve an unlawful purpose, including, but not limited to, content that is potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
2.4 If you are a resident of the EU, you have the right to be forgotten and can delete your account and the content on your page at any time by logging in and completing a delete request. It may take a few days to process and may be visible by others in the meantime. Some of your content that was on other accounts or pages or that was shared may survive and may not be deletable. Please think before you post. We may also keep your registration information for as long as we need to do to run our business and to follow these rules.
2.5 You are responsible for anything you do on Site under your login, including things you post and comment on. You are responsible for making sure the stuff you post belongs to you, including any music or photos. If you post something you shouldn’t and get a fine,you will have to pay it.
3.0 Our Rights
3.1 We are not responsible for the following:
1. Links to other companies or websites, even when the link shows up in Site
2. What happens when you connect your Site account to another website or service, including sharing a picture or video. You should read the rules for that service to know your rights.
3. The data cost on your mobile device for using Site or its services.
4. Any content that is stolen or copied from the Site by someone else
3.2 We can end the Site and its services at any time or stop you from using Site at any time for any reason without letting you know beforehand. We can also delete content you have uploaded for any reason, whether you think they violated our rules or not. We do not have to pay you if we delete content that was making you money.
3.3 We can make you switch your username for any reason.
4.0 Intellectual Property Rights
All images, text, designs, graphics, trademarks and service marks are owned by and the property of Jennie Moser Design, LLC. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Site is illegal and may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. Do not try to use our stuff, remove it, change it, or claim to be us without written permission.
4.1 License. Subject to your compliance with these terms and the law, when you purchase a template you are granted a limited, single-user, non-exclusive, irrevocable, worldwide license to use the digital template in one (1) website. Please read through the licensing terms BEFORE you make a purchase to make sure you can use the template in a way that complies with the licensing terms and your expectations and marketing plans.
4.2. Content Files. “Content Files” means Jennie Moser Design template file(s). Unless the documentation or specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you must not claim any copyright or trademark rights in the Content Files or derivative works of the Content Files. Lowdown: You cannot use our templates to set up your own template website or service, whether or not you are charging for it.
4.3. Single-template Purchases. Purchasers receive a limited license to use the template for a single website. Users may uninstall the template and reinstall it on the same website but may not transfer or sell them it in any form to any third party. The license to use the template file(s) individually purchased and downloaded from Jennie Moser Design never expires.
4.4. No Distribution Rights. All purchasers agree that you may not share, upload, or otherwise make the template available for any other use and doing so would be a violation of this Agreement and could subject the user to a liquidated damages penalty, namely a $10,000 fine or the largest fine permitted in the local jurisdiction. The purchaser agrees that she or he is put on notice and cannot claim ignorance of the licensing terms and applicable restrictions.
4.5. Credit. Purchasers must include the credit statement included on the template and may not manipulate the template to remove it.
4.6. Download access. Customers are responsible for downloading and saving the files to their own files or devices. Jennie Moser Design reserves the right to change, delete or archive files in its library at any time and without any notice.
4.7. License Specific. The purchaser MAY: use the template for personal or commercial web use. The purchaser MAY NOT: sell, lease, transfer, assign, give away or distribute this template to any other party in any way. The purchaser MAY NOT: use or resell this photo as part of a template library or template shop. All other rights reserved by Jennie Moser Design, LLC.
5.0 This Agreement
5.1 If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win.
5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid.
5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement.
5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement.
5.5 No one else besides you and us (no third parties) have rights under this agreement.
5.6 You cannot give these rights or obligations to someone else without our consent. We can give our rights and obligations to someone else, however, like if we change ownership by selling part or all of our business, or if we need to for legal reasons.
6.0. Advertising, Affiliates and Testimonials
This site may use advertising or affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed ads or affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. Any testimonials reflect the accurate experience of the person quoted, however, your results with any particular product or service may vary.
7.0 Refunds & Payment Collection
We like to have fun, but we take our business seriously. We’d appreciate your careful consideration of the service and products available on the site, and we advise you to make your purchases carefully.
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.
8.0 Limits on Liability
8.1 Site operates as is, and we can't guarantee it will be safe and secure or will work perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to find reliable vendors to help us operate the Site and its services. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. You should read and agree to their rules and terms.
8.2 We cannot predict when issues might arise with our service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. We are not responsible for lost profits, data or any kind of damages connected to you using the Site. The total limit on our liability to you under these Terms is the greater of: $100 or the amount you have paid us in the past twelve months.
8.3 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent.
9.0 How We Will Handle Disputes
9.1 We hope there won’t be any problems and that you will reach out to us if you are having issues with our service. But, if you have a legal problem with Site, you agree to use binding arbitration under the AAA, which means you will not get go to court by yourself or with others or be part of a class-action lawsuit or arbitration. We and you waive a trial by jury. The following claims don't have to be arbitrated and may be brought to court: small claims, intellectual property disputes (like copyrights and trademarks), or efforts to interfere with the services or engage with the service in unauthorized ways. A court can also decide issues about the scope and enforceability of these arbitration provisions.
9.2 For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the District of New York or a state court located in New York. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
9.3 The laws of the State of New York to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
9.4 We appreciate feedback, but we may use any of your comments without any obligation to pay you and do not have to keep them confidential. For questions about this policy, you can email us at firstname.lastname@example.org.