Create an Account or Sign in Email Confirm Email Password Confirm Password First Name Last Name Nickname I agree to the Terms and Conditions and Privacy Policy. Terms and Conditions ARTISTIC FUEL TERMS OF USE Effective Date: May 15, 2023 Welcome to Artistic Fuel! We are a website and an app dedicated to: Promoting the development and display of, and further knowledge about, the traditionally recognized “seven arts” of architecture, sculpture, painting, literature, music, performing, and film, as well as all other forms of artistic expression, however titled or categorized, including, for example, works commonly labeled as “crafts”; Promoting education about and in the arts; Encouraging and assisting individuals to explore their artistic abilities, interests, and talents; and Providing a platform on which individuals may display their artistic abilities and creations. Please read these Terms of Use (“these Terms”) carefully. Your access to our website www.artisticfuel.com and our app and your use of Our Services, which are described in Section 1.1 below, are subject to these Terms. In these Terms, we are referred to sometimes as “we,” “our,” or “us,” and sometimes as “Artistic Fuel.” And when we speak of “Artistic Fuel,” “we,” “our,” or “us,” we mean Artistic Fuel, LLC, and its affiliates. BY USING, VISITING, BROWSING, OR OTHERWISE ACCESSING OUR WEBSITE OR APP OR USING OUR SERVICES YOU ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND ALL MEMBERS OF YOUR HOUSEHOLD AND OTHERS WHO USE ANY OF OUR SERVICES OR ACCESS OUR WEBSITE OR APP UNDER YOUR ACCOUNT OR IN YOUR NAME. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INCLUDING THE MANDATORY BINDING ARBITRATION PROVISIONS AND CLASS ACTION WAIVER IN SECTION 12, DO NOT ACCESS OUR WEBSITE OR APP OR USE OUR SERVICES. SECTION 1. OUR SERVICES; LICENSE; EXCLUSIVE RIGHTS 1.1 Our Services. “Our Services” means our website and app any and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages, and other materials, products, services, and technology owned by Artistic Fuel or any of its affiliates, licensors, partners, or end-users and made available to you by Artistic Fuel. Some or all of Our Services may not be available in your location, may vary among locations, and may not be appropriate or available for use in any or all locations. In our sole discretion, but without any obligation to do so, we may provide upgrades, updates, and maintenance of and support for Our Services. Our Services are not intended to be, nor should you consider them to be, specific advice; they are for informational purposes only. 1.2 License. Subject to these Terms, we are pleased to grant to you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use Our Services solely for your personal, non-commercial use. You agree not to access or use Our Services through any interface other than the one we provide specifically for that purpose. Without prior written permission from us, which we do not have to give, no other use is permitted. Your permission to access and use Our Services is, and at all times will be, contingent upon your complying with these Terms. 1.3 Exclusive Rights of Artistic Fuel. We, and our affiliates, licensors, and partners, exclusively own and hold all rights, title, and interest in and to Our Services, including, without limitation, any and all intellectual property, proprietary rights and derivatives, revisions, enhancements, modifications, and condensations of Our Services. You understand and agree that you do not have, and you will not receive or otherwise acquire, any ownership or other rights in Our Services other than the right to access and use Our Services in accordance with and subject to these Terms. You also agree that you will not directly or indirectly contest our ownership of Our Services. SECTION 2. PAID SUBSCRIPTION; PERSONAL+ MEMBERSHIP 2.1 Paid Membership. We offer the opportunity to subscribe for a paid Personal+ membership that will provide you with certain benefits, opportunities, and services in addition to those available to users of our free service, including a verified membership in Personal+, admission to microlearning courses, and access to “AI Chat.” When you subscribe, you will be entering into a separate contract that has requirements in addition to these Terms. You notify us of your desire to subscribe by purchasing an app on either the Apple App Store or Google Play App Store or by upgrading to a Personal+ membership at artisticfuel.com. Your contract for the Personal+ membership will be complete, and our additional services associated with your Personal+ membership will commence, as of the time at which we send you an email confirming your purchase. We reserve the right to refuse any subscription, in which case we would notify you by email and refund any amounts you may have paid for that subscription. 2.2 Payment; Taxes. We may make available various payment processing methods to facilitate the purchase of your Personal+ membership, including Apple Pay, Google Pay, Visa, Mastercard, Discover, American Express and gift cards. By subscribing you authorize us to charge your chosen payment provider for the subscription amount. Please refer to “Payment Terms” in the “Ecommerce Store” section of these Terms (Section 13.6 below) regarding credit card purchases, all the provisions of which apply to subscription payments. We also refer you to the “Taxes” section of these Terms (Section 13.8 below) regarding taxes, all the provisions of which also apply to subscription payments. 2.3 Price Increases. When you purchase a Personal+ membership, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the subscription price for the Personal+ membership increases later, we will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 30 days’ prior notice before the charge is made. If you are given less than 30 days’ prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a Personal+ membership, you may cancel your Personal+ membership at any time before the next payment would be due by the same method by which you initially subscribed for the Personal+ membership, and you will not be charged further amounts for the Personal+ membership. If your Personal+ membership is canceled and you later decide to re-subscribe, you will be charged at the then current subscription rate. 2.4 Renewal. Unless you cancel your “Personal+ membership” as described above in “Price Increases,” your “Personal+ membership” will automatically renew on the first day of each month, and you will be automatically charged at the subscription rate in effect for that next monthly subscription period, as to which you authorize us to charge your chosen payment provider. However, we may not charge before the beginning of each billing period. Once you cancel your “Personal+ membership,” you will immediately lose access to the benefits, opportunities, and services a “Personal+ membership” provides unless we expressly agree otherwise in writing, which we do not have to do. 2.6 All Subscriptions Final. All “Personal+ membership” subscriptions are final, and refunds are not permitted. If for any reason, however, a refund is granted, the subscription would be canceled, and you would no longer be able to access the “Personal+ membership” you acquired through that subscription. SECTION 3. YOUR OBLIGATIONS 3.1 Your Information. You agree to (a) provide accurate, current, and complete information about you (“Your Information”) in your Artistic Fuel account and on Our Services on any registration form we request; (b) maintain the security of your password and user name; (c) maintain and promptly update Your Information and any other information you provide to us and keep it accurate, current, and complete; (d) comply with these Terms and all applicable laws, rules, regulations, and governmental orders; and (e) accept all risks of unauthorized access to Your Information. You have sole responsibility for the adequate protection and backup of data and for the equipment, hardware, software, infrastructure, internet connections, technology, and other services you use to access or connect with Our Services. You are responsible for all activities that occur using your password, username, or Artistic Fuel account, regardless of whether those activities are undertaken by you or someone else. 3.2 Your Responsibilities. You are entirely and exclusively responsible for all information you upload, display on, post to, or otherwise transmit by or through Our Services. You agree not to upload, post, or otherwise transmit by or through Our Services any information that (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to us or other users of Our Services; (b) is fraudulent, false, or misleading, including, for example, asking for money under false pretenses, impersonating someone else, or manipulating Our Services to affect rankings, ratings, or comments; (c) includes unauthorized disclosure of personal information or violates any law, rule, regulation, or governmental order; (d) violates or infringes upon anyone’s intellectual property, publicity, or other rights; (e) is tortious; or (f) contains software viruses, malware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. We reserve the right, without notice to you, to edit or remove any information that contains third-party commercial advertisements or, in our judgment, violates any provision of this Section 3.2. Additionally, you are responsible for all costs and expenses that may be associated with your use of Our Services 3.3 Prohibited Use of Our Services. You agree not to use Our Services to (a) transmit spam or bulk or unsolicited email, postings, contact requests, text messages, or instant messages; (b) engage in any activity that exploits, harms, or threatens to harm children; (c) pretend to be Artistic Fuel or someone else; (d) spoof Artistic Fuel’s or someone else’s identity; (e) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (f) misrepresent your affiliation with a person or entity; (g) disrupt Our Services or otherwise act in a manner that negatively affects anyone else’s ability to use Our Services; (h) engage in activities that would violate any fiduciary relationship; any applicable local, state, national, or international law; or any regulation or governmental order having the force of law; (i) compromise, or attempt to compromise, the security of any networked account or site, operate an illegal lottery or gambling operation, or stalk or make threats of harm; (j) collect, store, or provide to us any personal data about any other user of Our Services unless expressly authorized in writing by both that other user and us; or (k) engage in any activity that violates the privacy of others. 3.4 Prohibited Activities. In addition to the prohibitions involving the use of Our Services described in Section 3.3, above, you represent, warrant, and agree that you will not (a) modify or otherwise mak any derivative uses of Our Services or any of them; (b) use any data mining, robots, or similar data gathering or extraction methods, download (other than page caching) of any of Our Services or any information contained within Our Services; (c) attempt to access areas or features of Our Services that you are not authorized to access; (d) engage in any activity that would compromise the security of Our Services or our website or app; (e) reverse engineer or unlawfully access or otherwise use any of Our Services, our website or our app, or any of our software or technology in order to build a competitive product or service; (f) use any of Our Services or our website or app in any manner that could damage, disable, overburden, or impair the functioning of Our Services or our website or app in any manner; or (g) use Our Services or access our website or app other than for their intended purposes or in any manner that would infringe on any of these Terms or any term or condition of the Privacy Policy. SECTION 4. CONTENT 4.1 Your Content. (a) Any and all content, ratings, feedback, preferences, or other information or services (“Your Content”) you provide to us remains solely yours. We do not, and will not, own any of Your Content. We are not responsible for Your Content; you are. If, however, we use Your Content to produce and send to you output we develop from Your Content, we will assign to you rights to that output. Additionally, we may use Your Content to provide other services to you, comply with legal requirements, or improve Our Services. (b) Our Services may allow you to store or share Your Content or receive material from others. When you share Your Content with other people, you understand they may be able to use, save, record, reformat, reproduce, broadcast, transmit, share, or display Your Content without compensating you. If you do not want others to have that ability, do not use Our Services to share Your Content. You represent and warrant to us that you have, and for so long as you are a subscriber to Our Services or have an Artistic Fuel account will have, all the rights necessary for Your Content that is uploaded, stored, or shared on or through Our Services, and that the collection, use, and retention of Your Content will not violate any law or rights of others. We are not responsible for material others upload, store, or share using Our Services. (c) You understand that, unless otherwise stated in this Agreement or in the Artistic Fuel Privacy Policy, which is described in Section 11 of these Terms, any of Your Content that you provide to us will be provided on a strictly nonconfidential basis intended for public consumption and without the expectation of royalties or other obligation to you. We are, and will be, free to use or disseminate any and all of Your Content on an unrestricted basis for any purpose, and you grant to us an irrevocable, perpetual, worldwide, royalty-free, nonexclusive license to use, reformat, reproduce, combine, modify, distribute, transmit, display, perform, adapt, sell, and publish Your Content on an unrestricted basis for any purpose. You represent and warrant to us that you are authorized to grant that license and its attendant rights, including, without limitation, rights for the worldwide transfer and processing among Artistic Fuel, and its affiliates and third-party providers, of any of Your Content you provide by or through Our Services. We will not be directly or indirectly liable for or have any responsibility with respect to any of Your Content you provide to us or place on Our Services, including, without limitation, liability for any actual or alleged damage or loss caused by or in connection with any person’s use of or reliance on any of Your Content. 4.2 Third-Party Content. You may find third-party content or links to third-party internet sites or resources on Our Services. We are not, and will not be, responsible for activities of third parties or the availability of any third-party content, links, or external sites or resources, and we do not endorse, and will not be responsible for, any content, advertising, products, or other materials available from third parties or on their sites or resources. We are not, and will not be, directly or indirectly liable for any actual or alleged damage or loss caused by or in connection with your use of or reliance on third-party content. SECTION 5. INDEMNITY 5.1 Indemnity. You agree to indemnify, defend, and hold harmless Artistic Fuel and its subsidiaries, affiliates, licensors, members, managers, employees, partners, and suppliers, and their respective shareholders, officers, directors, members, managers, agents, licensors, suppliers, customers, alliance members, partners, employees, and representatives, from any and all claims made or brought by any third party, including, without limitation, lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, and demands, and all costs and expenses, including, without limitation, reasonable attorneys’ fees and court and arbitration fees and expenses, directly or indirectly caused by, relating to, or arising Your Information out of (a), Your Content, or any other information or materials you provide to us; (b) your access to or use of Our Services; (c) your violation of these Terms; or (d) your violation of the rights of others. SECTION 6. CHANGE OF TERMS; TERMINATION OF OUR SERVICES 6.1 Our Right to Change Terms. We may make changes to these Terms periodically. If we make material changes, which means changes that could have an important impact or effect on you, we will post the changed Terms to our website and app and update the “Effective Date” above. We may, but are not obligated to, also notify you of changes by sending an email notification of changed Terms to the email address associated with your user account. Therefore, it is important that you keep your account information, including your email address, up to date. A material change to these Terms will be automatically effective 30 days after the changed Terms are first posted to our website or app or, for users who register or otherwise provide opt-in consent during the 30-day period, at the time of registration or consent, respectively. Your continued access to our website or app or use of Our Services after a change becomes effective confirms your acceptance of the change. If you are dissatisfied with any change to these Terms, your only remedy is to stop accessing our website and app and using Our Services. 6.2 Our Right to terminate Our Services. If you violate any of these Terms, we have the right to immediately terminate your right to access our website and app and use Our Services without prior notice to you. We will not be liable to you or any third party for any deletion, modification, limitation, suspension, or termination of any or all of Our Services, or any related information or files, or any loss of related information. SECTION 7. ADVERTISEMENTS AND PROMOTIONS 7.1 Advertising. We may run advertisements and promotions on Our Services, including, without limitation, on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than Artistic Fuel you find on or through Our Services are solely between you and the advertiser or other company. We will not be responsible for any loss or damage of any type you or anyone else suffers or incurs as the result of any such dealings or as the result of the presence of advertisements or promotions, or links to advertisements or promotions, on Our Services. SECTION 8. INTELLECTUAL PROPERTY RIGHTS 8.1 No Reproduction or Unauthorized Use of Our Services. Except as expressly authorized in writing by us, which we do not have to do, you must not reproduce, link to (by hyperlink or otherwise), modify, rent, copy, lease, loan, license, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display, or create derivative works of any or all of Our Services by any means. You must not, for example, publish any of Our Services, or the link to any of Our Services, on any internet, intranet, or extranet site or incorporate any of Our Services in any product, database, compilation, archive, or cache. You must not modify, decompile, or reverse engineer any software we disclose to you, and you must not remove or modify any copyright or trademark notice or other notice of ownership. 8.2 Artistic Fuel Trademarks. (a) “Artistic Fuel Trademarks” means all names, marks, brands, logos, colors, designs, trade dress, slogans, and other designations we use in connection with Our Services. You agree to comply with all Artistic Fuel Trademarks usage requirements that are in effect at any time and from time to time. You must not use, remove, or alter any Artistic Fuel Trademarks or co-brand your own products or material with Artistic Fuel Trademarks without our prior written consent, which we do not have to give. (b) You acknowledge our rights in Artistic Fuel Trademarks and agree that any use of Artistic Fuel Trademarks by you must benefit only us. You agree not to incorporate any Artistic Fuel Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations for use on or in connection with computer or internet-related products, services, or technologies. 8.3 Intellectual Property Rights of Others. We are committed to respecting the intellectual property rights of others, and we require our users to do the same. If you believe your work has been copied in a way that constitutes a copyright infringement of Our Services, please contact our Copyright Agent at info@artisticfuel.com. 8.4 Reservation of Rights. Except as expressly provided in these Terms, we do not grant you a license or any other rights of any type with respect to Our Services or any other product, content, or technology or under any patents, know-how, copyrights, trade secrets, trademarks, or other intellectual property owned or controlled by us or any of our affiliates or licensors, and no such right or license, express or implied, is, or will be, granted to you by operation of law. Nothing in this Agreement is intended, or should be construed, to be a waiver or release of your past, present, or future obligations to acquire those rights or licenses only from Artistic Fuel. SECTION 9. DISCLAIMER OF WARRANTIES 9.1 No Representation or Warranty by Artistic Fuel; Your Assumption of Risk. (a) Your access to and use of Our Services is solely at your risk unless otherwise expressly stated in these Terms. You understand and agree that Our Services are provided “as is” and “as available” without express or implied warranty or condition of any kind. We make no representations as to, and we disclaim all warranties or conditions of, merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. (b) You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We make no warranty or representation that (i) Our Services will be uninterrupted, accurate, complete, current, free of viruses or other harmful components, timely, secure, or error-free; (ii) any results that may be obtained from the use of Our Services will be accurate, complete, current, free of viruses or other harmful components, timely, secure, error-free, or reliable; (iii) the quality of the services, content, information, products, or other material purchased or obtained from or through Our Services will meet your expectations or requirements; or (iv) any errors or defects in Our Services will be corrected. (c) You assume all risk for damage to your computer system and property and for loss of data that results from your use of Our Services, including, without limitation, damage or loss caused by changes to Our Services or resulting from malware, viruses, or other harmful components. SECTION 10. LIMITATION OF LIABILITY 10.1 Limitation of Liability; Application of Local Law. (a) In no event will Artistic Fuel, or its officers, members, shareholders, directors, employees, affiliates, successors, assigns, or licensors, be liable for (i) any indirect, special, incidental, punitive, consequential, or exemplary damages; (ii) any loss of use, business, data, or profits, whether direct or indirect, arising out of the use of, or inability to use, Our Services, any devices, third-party applications, or third-party application content, regardless of legal theory, even if we have been warned of, or reasonably could have foreseen, the possibility of those damages, and even if a remedy fails of its essential purpose; (iii) the cost to procure substitute goods and services as a result of any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from Our Services; or (iv) statements or conduct of any third party, including, without limitation, unauthorized access to or alteration of transmissions or content, malicious or criminal behavior, or false or fraudulent transactions. (b) To the extent that the applicable laws of a jurisdiction do not allow the exclusion or limitation of direct, incidental, or consequential damages; or the exclusion or limitation of statutory rights or damages for fraudulent misrepresentation, portions of the above limitations or exclusions may not apply, but only to the extent that an exclusion or a limitation is not allowed by applicable law. SECTION 11. ARTISTIC FUEL’S PRIVACY POLICY 11.1 Privacy Policy; Compliance. You consent to our collecting, processing, and storing your personal information, if any, in accordance with the terms of Artistic Fuel’s Privacy Policy, which is appended to and incorporated into these Terms. You agree to comply in all respects with Artistic Fuel’s Privacy Policy and with all laws, rules, regulations, and governmental orders respecting rights of privacy in connection with any access, use, or submission by you of any personal information in connection with Our Services. SECTION 12. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER 12.1 Dispute Resolution. By using Our Services, you agree that if there is any controversy, claim, action, or dispute arising out of or related to your access to or use of Our Services, or the breach, enforcement, interpretation, or validity of these Terms, or any part of them, other than disputes related to or involving our intellectual property (“Dispute”), you and we will first try in good faith to settle the Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven days in which to respond to or settle the Dispute. Our address for notice of Dispute is: Artistic Fuel, LLC 215 Depot Court Leesburg, VA 20175 You understand and agree that this Dispute resolution procedure is a condition precedent that must be satisfied before either you or we may initiate litigation or file a claim against the other party. 12.2 Binding Arbitration. THIS AGREEMENT TO ARBITRATE APPLIES ONLY TO UNITED STATES USERS. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE DISPUTE WILL BE DECIDED SOLELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU WILL NOT HAVE THE RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS; RIGHTS OF DISCOVERY AND APPEAL WILL BE MORE LIMITED THAN THEY WOULD BE IN A COURT; AND YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, or enforceability of these Terms, including any claim that all or any part of these Terms are void or voidable, with the exception of Disputes related to or involving our intellectual property as to which the equitable relief provisions of Section 14.2 below apply in addition to the provisions of this Section 12. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against us, then, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. And if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds that you acted in bad faith or committed fraud, in which case, we have the right to ask the arbitrator to award us our attorneys’ fees and costs. Any arbitration between you and us will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Procedures then in force (“AAA Rules”) and will take place before a single arbitrator in Loudoun County, Virginia. The provisions of these Terms will govern to the extent they conflict with the AAA Rules. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at www.adr.org. There will be an in-person hearing before the arbitrator. If, however, the claim is for $25,000 or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless the arbitrator finds good cause to hold an in-person hearing instead. 12.3 Class Action Waiver. It is also important that you understand and agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless we agree otherwise, which we do not have to do, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of the limitations of this Section 12 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. 12.4 Confidentiality. All documents and information disclosed in the course of the arbitration must be kept strictly confidential by the recipient and not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s award and must not be disclosed except in strict confidence to persons who have a need to know or as required by applicable law. 12.5 Enforceability. If the arbitration provisions of this Agreement are invalidated in whole or in part, you and we agree that the exclusive jurisdiction and venue described in Section 14.3 below will govern any claim in court arising out of or related to a Dispute. If any part of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, this Section 12 will be unenforceable in its entirety. 12.6 Limitation on Time to Bring a Claim. To help resolve any issues between you and us promptly, you and we agree to bring any claim arising out of or relating to these Terms, our relationship, or your access to the website or app or use of Our Services within one year after the claim arises; otherwise, the claim is permanently barred. This limitation applies regardless of the venue in which the claim is or could otherwise be asserted. SECTION 13. ECOMMERCE STORE. 13.1 Ecommerce Store. We offer to you the opportunity to purchase various items through our ecommerce store. If you do make a purchase from our ecommerce store, then, in addition to all the other Terms described in these Terms of Use, you also agree to the additional terms described in this section. 13.2 Pricing. The price of the items we offer is as quoted on our website from time to time. Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a purchase confirmation. Our website offers a large number of selections, and it is always possible that, despite our best efforts, some of our offerings listed on our website may be incorrectly priced. We will normally verify prices as part of our purchase confirmation process so that if the correct price is less than the price stated on our website, we will charge you the lower amount. If the correct price is higher than the stated price, we would either attempt to contact you for your agreement to pay the higher price or reject your purchase order and notify you accordingly. 13.3 Right To Reject. We have the right to reject any purchase offer for any reason whatsoever without explanation. 13.4 No Purchase For Resale. Our ecommerce store is intended for sale directly to consumers. Purchase for resale is strictly prohibited. If we reasonably believe that you are engaging in purchases for resale, we reserve the right to take any and all actions against you, including exercising legal remedies. 13.5 Intellectual Property Ownership. Unless otherwise stated on our website with respect to a specific item we are offering for sale, we or our affiliates or licensors own the intellectual property rights for the items we sell through our ecommerce store. All such rights are protected by the copyright laws of the United States and other countries and are reserved by us and our affiliates and licensors (as applicable). No license in any of these rights is granted to you by your purchase of a particular item unless it explicitly so states in the description of that item on our website. 13.6 Payment Terms. We may make available various payment processing methods to facilitate your purchases, including Apple Pay, Google Pay, Visa, Mastercard, Discover, American Express, and gift cards. You agree to provide, keep and keep updated current, complete, and accurate purchase and account information, including your email address, payment method, and (if applicable) payment card expiration date, so that we can process your payments. You must also abide by all relevant terms and conditions and other legal agreements, whether ours or those of a third party, that govern your use of a given payment processing method. We may add or remove payment processing methods at our sole discretion. You are solely responsible for all amounts payable associated with purchases you make. By making a purchase you authorize us to charge your chosen payment provider for your purchase. You should be aware that online payment transactions are subject to validation checks by your credit card issuer, and we are not responsible if your credit card issuer declines to authorize payment for any reason. We also may carry out a standard pre-authorization check on your payment card, and we will not confirm a purchase until we have completed this pre-authorization check. Your credit card issuer may charge you an online handling fee or processing, for which we will have no responsibility. 13.7 Returns, RMA Number. You may not return to us anything you purchased through our ecommerce store without first obtaining from us a written Return Material Authorization (“RMA”) number to facilitate tracking, which we will promptly issue upon receiving a request from you addressed to info@artisticfuel.com. All products for which you seek a refund or replacement and all returns must be marked with the RMA number. You agree to pay us the full purchase price in connection with any product you return that we determine complied with the description in our website at the time we sent you the product or complies at the time you return it to us. We will try to analyze authorized returns within two business days of our receiving the return and promptly report the results to you. You agree to cooperate in good faith with us to resolve any disputes. 13.8 Taxes. “Taxes” means any duties, customs fees, levies or taxes (other than income tax) associated with anything we sell you through our ecommerce store, including any related penalties or interest. You are responsible for any and all Taxes and must pay the full purchase price without any reduction for Taxes. If we are obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your purchase. The reporting and payment of any such applicable Taxes are your responsibility. SECTION 14. MISCELLANEOUS MATTERS 14.1 Entire Agreement; Modification; No Assignment. (a) These Terms contain the entire agreement between you and us relating to your use of and access to Our Services, and completely replaces all prior understandings and agreements between you and us regarding your use of and access to Our Services. (b) You may not assign or otherwise transfer any of your rights or obligations under these Terms without our prior written consent, which we do not have to give. Any assignment you make, or attempt to make, without our prior written consent will be void and unenforceable. 14.2 Equitable Relief. You acknowledge and agree that any material breach of Sections 3.3, 3.4, or 8, will result in irreparable harm to us for which damages would be an inadequate remedy and, therefore, in addition to other rights and remedies that may be available to us under these Terms or at law, we will be entitled to equitable relief, including, without limitation, a preliminary or permanent injunction and specific performance. You waive any requirement for the posting of a bond or other security by us if we seek an injunction. 14.3 Controlling Law. The laws of the Commonwealth of Virginia and the United States of America govern these Terms, without regard to choice or conflicts of law principles, and the Federal Arbitration Act governs all provisions of these Terms relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Loudoun County, Virginia, for all Disputes that are not subject to mandatory arbitration under Section 12 or are otherwise eligible to be adjudicated in a court. 14.4 Export Laws. You must comply with all domestic and international export laws and regulations that apply to Our Services, which include restrictions on destinations, end users, and end use. 14.5 Survival of Terms. Sections 1.3, 2, 5.1, 6.2, 8, 9, 10, 12 and 13 will survive the cancellation of your Artistic Fuel account. 14.6 Non-Exercise; Invalidity. Any express waiver of or failure to exercise promptly any right or remedy provided in these Terms, at law, or in equity will not create a continuing waiver or any expectation of non-enforcement. All of these Terms apply to the maximum extent permitted by relevant law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be removed from these Terms as though that provision did not exist, and its removal will not affect the validity and enforceability of the remaining provisions. 14.7 English Language. This English language version of these Terms governs your relationship with us, and any translation of these Terms, or any of its provisions, into another language will not be binding on us. Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the Artistic Fuel experience will be better for all users. If you have any questions or comments about these Terms, please contact us at info@artisticfuel.com. × Privacy Policy ARTISTIC FUEL PRIVACY POLICY Last Updated: May 15, 2023 Your privacy is important to us! We at Artistic Fuel, LLC, respect your privacy and are committed to keeping secure any information we obtain from you or about you. This Privacy Policy describes our practices with respect to your Personal Information (defined below). But this Privacy Policy does not apply to content that we process on behalf of customers of our business offerings. Our use of that data is governed by our customer agreements covering the access to and use of those offerings. In this Privacy Policy, we are referred to sometimes as “we,” “our,” or “us,” and sometimes as “Artistic Fuel.” And when we speak of “Artistic Fuel,” “we,” “our,” or “us,” we mean Artistic Fuel, LLC, and its affiliates. Certain capitalized terms are used, but not defined, in this Privacy Policy. Those terms have the same meanings as in the Terms of Service Agreement (“TOU Agreement”) you entered into with us when you first used or accessed Our Services. There are many different ways you can use Our Services. You can search for and share information, communicate with other people, or create new content. When you share information with us (for example, by creating an Artistic Fuel account), we can make those services better by helping you connect with other people and share Your Content with others quicker and easier. As you use Our Services, we want you to understand how we use the information you provide and the ways in which you can protect your privacy. This Privacy Policy describes how we collect, store, share, and use information and your choices about privacy when you use Our Services. Please read this Privacy Policy carefully to be informed about our privacy practices. BY USING, VISITING, BROWSING, OR OTHERWISE ACCESSING OUR WEBSITE OR APP OR USING OUR SERVICES YOU ACCEPT AND AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO IT, DO NOT ACCESS OUR WEBSITE OR APP OR USE OUR SERVICES. This Privacy Policy is incorporated into and is a part of the TOU Agreement (which can be viewed at www.artisticfuel.com). By using or accessing Our Services, you agree that your Personal Information may be collected, stored, shared, and used as described in this Privacy Policy and the TOU Agreement. By accessing or using Our Services, you also consent to the collection, use, and sharing of your Personal Information, as discussed in this Privacy Policy. You may withdraw your consent at any time in writing; however, that does not negate our right to process your data prior to when we receive your written withdrawal. PERSONAL INFORMATION As used in this Privacy Policy, the term “Personal Information” means information that by itself can be used to identify or contact a specific person (for example, the person’s name, email address, postal address, or phone number), but Personal Information does not include information that has been aggregated or made anonymous so that by itself it no longer identifies (and can no longer reasonably be used to contact) a specific person. WHEN THIS PRIVACY POLICY APPLIES This Privacy Policy applies to all of Our Services, regardless of how and to what extent you use them and regardless of whether you do or do not register for an Artistic Fuel account or whether you do or do not subscribe for a Personal+ membership. But this Privacy Policy only applies to how we collect, store, share, and use information; it does not apply to any entity that we do not own or control or that is under common control with us or to any person we do not employ or manage. If, at any time during the course of accessing or using Our Services, you are directed to a third-party site, you understand and agree that the policies of that third-party site will govern. TYPES OF INFORMATION WE PROCESS Information You Give Us. We may collect the Personal Information you provide or otherwise make available to us when you access or use Our Services (such as when we require you to sign up for an Artistic Fuel account or update your account or user profile information). If you want to take full advantage of the sharing features Our Services offer, we might also ask you to create a publicly visible profile, which may include your name and photograph. You may also be asked to provided certain Personal Information (a) when you access or use Our Services to search for or view artwork or other items; follow artists, galleries, institutions or other users; place bids in an auction; or otherwise perform transactions or communicate with other users; or (b) when you link your Artistic Fuel account to an account you maintain on another social media service, in which case we may obtain your username on that other service and other information you make publicly available through that other service; or (c) when you communicate with us. Information From Your Use Of Our Services. We may automatically collect certain information about how you access or use Our Services. By using Our Services, you consent to the collection of that information. Examples of that information include device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information, which may include your phone number); log-in information (such as your search queries); telephone log information (such as your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information, and types of calls); internet protocol address; system activity; hardware settings; browser type and language; the date and time of your request; the referral URL; and cookies that may uniquely identify your browser or your Artistic Fuel account. Location Storage. We may collect and store information (including Personal Information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches. Cookies And Anonymous Identifiers. We may use various technologies to collect and store information when you visit an Artistic Fuel service, which may include sending one or more cookies or anonymous identifiers to your device. We may also use cookies and anonymous identifiers when you interact with services we offer to third-parties (such as advertising services or Artistic Fuel features that may appear on other sites). We may also use third-party service providers (such as analytics and advertising providers) who may use cookies and similar technologies to help operate their services. Your browser may have settings that let you decline cookies, but please understand that some of Our Services may not be available if you decline cookies. For more information about cookies, web beacons, and similar technologies, and how they are used, please see Cookie Policy below. Information From Other Users. If you use Our Services to communicate with other users or perform transactions with other users, we may obtain information or feedback from them about their interaction with you (for example, whether you were responsive to their communications or completed a transaction with them). Also, if users share content through Our Services that contain information about you, we will also receive that information. Information From Other Sources. We may obtain information about you from certain third parties (such as other companies with which we jointly offer services or conduct promotional events), third-party service providers, credit bureaus, or other sources. This information may include demographic information, contact information, open data, publicly available data, and credit check information. We may use this information for legitimate business purposes (such as the performance of a contract, customer support, fraud prevention, and credit-related decisions in connection with Our Services). HOW WE USE THE INFORMATION WE COLLECT AND WHY COLLECT IT The information we collect helps us provide, maintain, protect, and improve Our Services; develop new products and services; provide customer support; and make Our Services more efficient for you and other users. We may use the name you provide for your Artistic Fuel profile across all of Our Services that require an Artistic Fuel account. In addition, we may replace past names associated with your Artistic Fuel account so that you are represented consistently across all of Our Services. If other users already have your email address or other information that identifies you, we may show them your publicly visible Artistic Fuel Profile information, such as your name and photograph. When you contact us, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about Our Services, such as letting you know about upcoming changes or improvements. We use information collected from cookies and other technologies, such as pixel tags, to improve your user experience and the overall quality of Our Services. When showing you tailored advertisements, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation, or health. We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy. TRANSPARENCY AND CHOICE People have different privacy concerns. Our goal is to be clear about what information we collect so that you can make meaningful choices about how it is used. For example, you can review and control certain types of information tied to your Artistic Fuel Account by using the Artistic Fuel Dashboard to view and edit advertising preferences (such as which categories might interest you); by opting out of certain advertising services; by viewing and adjusting how your Artistic Fuel profile appears to others; and by controlling who you share information with. You may also set your browser to block cookies (including cookies associated with Our Services) or to let you know when we are setting a cookie. However, it is important to remember that Our Services may not function properly if you disable cookies. We want you to know why we collect your Personal Information so that you may be able to make informed decisions regarding your use of Our Services. In addition to the other uses of your Personal Information described elsewhere in this Privacy Policy, we may use the information we obtain from or about you to provide Our Services to you, including new services we develop later; to provide you with customer support; to facilitate your communications or transactions with us or with other users; to operate, improve, and customize Our Services, content, and marketing; to understand how you use and interact with Our Services and the products, services, and content of others; to develop and display more customized content and advertising to you on or off Our Services; to promote and maintain a trusted, safer, and more reliable environment on Our Services (for example, to help detect, prevent, or otherwise address fraud, security, or technical issues; conduct investigations or risk assessments; or verify actions taken by you or associated with your account); to contact you (by email, postal mail, telephone, mobile devices, or SMS text message, or as otherwise authorized by you) in order to address issues with your Artistic Fuel account or your use of Our Services, collect fees, send you updates about the Services or our policies, or for other purposes permitted by law; to contact you (by email, postal mail, telephone, mobile devices, or SMS text message, or as otherwise authorized by you) in order to send you marketing communications, promotional messages, and offers about Our Services and the products and services of others; to facilitate your participation in contests, sweepstakes, and other promotional events sponsored or conducted by us or by others in conjunction with us; to comply with our legal obligations, resolve disputes, or enforce the TOU Agreement or any other Artistic Fuel policies or agreements with users; to perform other functions that are described when the information is collected or requested; or for other purposes with your prior consent. COMMUNICATION PREFERENCES We provide registered users with settings on Our Services to control whether they receive certain communications from us. If you do not want to receive marketing emails from us, you can unsubscribe by following the unsubscribe link in the email you receive, changing your preferences in your profile and account settings (if you have registered for an Artistic Fuel account), or emailing us. Please be aware that opt out requests may take up to five business days to process, and you may not be able to opt out of receiving certain communications from us (such as emails about your account, your relationship with us, or your transactions). Unsubscribing from receiving emails we send you may result in your having a less robust experience with Our Services. ACCOUNTS AND USER PROFILES Registration, Access, And Records. To register for an Artistic Fuel account, you will need to provide your full name and a valid email address. If you have received our permission to use Our Services as a business, you may need to provide additional information. If you have an Artistic Fuel account, you may access, add, remove, or update certain information about you in your profile and account settings. It is your responsibility to update your Personal Information to keep it accurate and current. When you update your account or profile information, we may keep a record of the unrevised information for purposes consistent with this Privacy Policy. If you wish to cancel your account, you may do so by using the tools provided in your profile and account settings, subject to the TOU Agreement and any other agreements between you and us. If you terminate your account, we may keep a record of any or all information associated with you or your account for purposes consistent with this Privacy Policy (as required or permitted by law), as well as specific account data that includes your Personal Information. Certain other records (such as settings and collector profiles) will be removed upon termination. For further information, please contact us at info@artisticfuel.com. Profile And Account Information. To make Our Services more interactive, certain information about your user profile or account may be made accessible to other users on or through Our Services, as indicated in your user profile and account settings on Our Services, or as otherwise indicated by us when you use certain of Our Services. For example, if your public profile is enabled in your settings, your name and certain information that you may enter in your user profile (such as your biography, location, and website) will be visible to other users of Our Services. Our Services may include settings to control how certain user profile or account information is shared with other users on or through Our Services. You should check your user profile and account settings regularly to be informed of your current choices. Public information on Our Services may be indexed by third-party search engines and accessible by or through them. For further information, please contact us at info@artisticfuel.com. Data Retention. We will keep and use your data, as described in this Privacy Policy, for as long as (a) your account is in use, open, or active; (b) is necessary to comply with applicable tax, legal, or other regulatory requirements; and (c) is necessary to protect and defend against potential legal claims. If you would like to request the deletion of your personally identifiable information or request that it be returned to you, please contact us at info@artisticfuel.com. Please understand that by deleting your data from our site you will no longer be able to use Our Services. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our site. “FAVORITES” AND “FOLLOWS” Our Services may include features that enable you to designate your “favorite” artists, designers, or other creators; artwork and other items or categories of artwork; or other items. Our Services may also include features that enable you to “follow” galleries, institutions, and other users, artists, designers, and creators; categories of artwork; or other items. If your public profile is enabled, other users may also be able to follow you, and the number of users that follow you may be visible to other users of Our Services. You may be able to share, or choose not to share, certain information about your “favorites,” “follows,” or “followers” on or through Our Services, as indicated by us in connection with these features or in your profile and account settings. If you enable those designations, we may include you in email communications regarding them. If you would like to opt out of receiving those emails, please follow the unsubscribe link at the bottom of the relevant email or visit your account profile to update your email settings. For further information regarding opt-outs, please contact us at info@artisticfuel.com. YOUR USER CONTENT As described in the TOU Agreement, you may be able to provide Your Content on or through Our Services. When you post or publish Your Content on Our Services, any information contained in Your Content (including information in images or videos) becomes publicly accessible on Our Services and may be indexed by and accessible through third-party search engines, and we and other users may access and use Your Content, as described in the TOU Agreement. This applies even if you or someone else also provides the information to us by other means and our use of the information might have been more limited under this Privacy Policy if the information was only provided to us by those other means. It is your responsibility to ensure that you have the right to share any information about others that you share with us or with others. USER COMMUNICATIONS Connecting With Other Users. We strive to provide a platform and marketplace where users can discover and engage with a wide range of artwork, design, and other items from around the world, including items from the various galleries, institutions, and others that use Our Services as exhibitors or sellers. To help make this happen, Our Services may include features (such as messaging tools and email addresses hosted on Our Services) that could enable you to contact and communicate with other users. For example, when a seller lists an artwork or other item on Our Services, Our Services could enable you to contact that seller about that item or other items that may be available, although we do not offer that service at this time. Sharing Information With Other Users. Our Services let you share information with others. When you use Our Services to contact another user or perform a transaction with another user (such as a gallery), that other user may obtain from us your name, email address, and other contact information to facilitate communications and transactions or for their marketing purposes. Sometimes these users may be able to obtain additional information about you when you use Our Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests, and other information, as indicated by us in connection with Our Services, or as otherwise indicated in your profile and account settings. Our Services may include settings that enable you to choose how certain information is shared with other users when you contact them or perform a transaction with them. Please remember that when you share information publicly, it may be indexable by search engines, such as Google. WITH WHOM DO WE SHARE PERSONAL INFORMATION? Personal Information. We will only share your Personal Information with others in the ways that are described in this Privacy Policy or to which you have otherwise consented in writing. In addition to the other sharing of Personal Information described in this Privacy Policy, we may share your Personal Information with others in the following contexts: Service Providers. We may contract with third-party providers to help us provide Our Services or to perform services related to Our Services. Those third-party providers may access your Personal Information as needed to perform their functions for us. Examples include order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, and server and database hosting services. We use third parties (including, for example, Google) to gather your data from financial institutions. By using Our Services, you authorize those third-party providers to act on your behalf to access and transmit your personal and financial information from relevant financial institutions according to the terms of those third-party providers’ respective privacy policies and service terms. Business Transfers. If we are involved in a merger, acquisition, or sale of our assets, your Personal Information may be one of the assets transferred. Should this occur and you have registered for an Artistic Fuel account, we will notify you of the change of ownership by sending an email to the most recent email address you provided us under your Artistic Fuel account. Legal Purposes. We may access, preserve, and disclose your Personal Information or other information if we believe that such access, preservation, or disclosure is reasonably necessary to comply with any law, regulation, legal process, or governmental request (such as search warrants, subpoenas or court orders); enforce the TOU Agreement or any other agreement with users; investigate potential violations; detect, prevent, or otherwise address fraud, security, or technical issues; protect and enforce your or any other person’s rights and property; protect and enforce Artistic Fuel’s rights and property; or prevent physical harm to any person. Affiliates. We may share your Personal Information with any of our affiliates, which means an entity that controls us, is controlled by us, or is under common control with us. Our affiliates will use your Personal Information we share in a manner consistent with this Privacy Policy. AGGREGATED AND NON-PERSONAL INFORMATION We may aggregate or make anonymous any Personal Information we have obtained in any way from or about you or others so that such information no longer contains any Personal Information. We may use and share any aggregated, anonymous, or other non-personally identifying information for any legitimate business purpose (including, for example, to instruct how to access and use Our Services, and for research, development, statistical, and marketing purposes). If we have anonymized or de-identified any of your Personal Information so that it can no longer be associated with you, we may use that Personal Information for the above purposes indefinitely without further notice to you. PAYMENT INFORMATION If you use our marketplace or register for certain of Our Services, you may need to provide payment information (such as a credit card number, type, and expiration date). We do not store credit card information entered on Our Services. This information is stored by a third-party payment processor, and the use and storage of this information will be subject to the payment processor’s own terms of service and privacy policy. We do receive certain information from the payment processor, including a unique token we associate with you to authorize your purchases, and in certain cases, the last four digits of the credit card number associated with that token in order to help prevent fraud and identity theft. If you do not wish to provide payment information, you will not be able to use certain of Our Services. OTHER WEBSITES AND SERVICES Our Services may include links to websites or services we do not own or control, some of which may include links to Our Services. Our Services may also include features that enable you to link your Artistic Fuel account to your account on other social media services. For example, you may be able to sign up for, or sign in to, Our Services through another social media service. Our Services may also include features that enable you to share Your Content or the content of others that is on other websites and social media services. However, these links and features are not an endorsement by us of any other website or service or any of their respective privacy policies or practices. When you visit or use other websites or services, they may collect information from you, including through the use of cookies, web beacons, or similar technologies. We encourage you to read carefully the privacy policies of those other websites and services. INTERNATIONAL PROCESSING Artistic Fuel is headquartered in the United States. Our users (including the galleries and other organizations that use Our Services as exhibitors or sellers), service providers, and other third parties you may interact with in connection with Our Services may be located in the United States or other countries around the world, including countries that may not offer the same level of protection for your Personal Information as that offered in the United States. By accessing or using Our Services in the United States or another country or jurisdiction, you agree that your Personal Information may be transferred and processed in the United States and that other country or jurisdiction. EU-U.S. AND SWISS-U.S.-PRIVACY SHIELD FRAMEWORKS Artistic Fuel is a participant in the U.S. Department of Commerce’s EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (“Privacy Shield Frameworks”). Artistic Fuel complies with the Privacy Shield Frameworks regarding the collection, use, and retention of Personal Information transferred from the EU, the United Kingdom and Switzerland to the United States in reliance on the respective Privacy Shield Frameworks. If there is any conflict between the provisions of this Privacy Policy and the Privacy Shield Frameworks, the Privacy Shield Frameworks will govern. We will be accountable for the onward transfer to third parties of the Personal Information of EU individuals we receive under the Privacy Shield Frameworks. For more information about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield Framework website at www.privacyshield.gov/welcome. STATE LAW PRIVACY RIGHTS Some state privacy laws, such as the California Consumer Privacy Act (“CCPA”), Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Law (“CPL”), Connecticut Data Privacy Act (“CTDPA”), and Utah Consumer Privacy Act (“UCPA”), require specific disclosures to the residents of those states. The purpose of this state privacy law section of our Privacy Policy is to explain how these laws may apply to your Personal Information, and how we deal with your Personal Information in view of these laws. When in this section we refer to the “Consumer Privacy Acts” or to “Protected Residents,” we are referring to the respective privacy rights laws and residents of Virginia, Colorado, Connecticut, and Utah to the extent that any of these laws may be applicable to you. And where we refer to “Protected Information” in this section, it means Protected Information as defined above in this Privacy Policy, unless that definition conflicts with the definition of personal information in the privacy laws of your state of residence, in which event the state law definition will be controlling. If you are a Protected Resident, you have a right to know about how we process your Personal Information and what portions of your Personal Information we have collected, as well as the right to request us to correct and delete your Personal information. You may also have a right to opt out of the sale or sharing of your Personal Information and a right not to be discriminated against for exercising your privacy rights. (The VCDPA also provides the right to opt out of certain forms of profiling and targeted advertising.) We do not sell or share Personal Information and do not discriminate in response to privacy rights requests. We also do not use or disclose sensitive Personal Information for any purpose that would require you to exercise a right to limit according to the applicable Consumer Privacy Act of your state of residence. We provide notice of our privacy practices in this Privacy Policy, which includes what Personal Information is collected, the source of that Personal Information, and the purpose or purposes for its use, as well as whether we disclose that Personal Information and, if so, the categories of third parties to whom we disclose it. If you are a Protected Resident, you can exercise your privacy rights under the applicable Consumer Privacy Act of your state of residence by sending a request to info@artisticfuel.com. To protect your Personal Information from unauthorized access, change, or deletion, we may require you to verify your credentials before you can submit a request to know, correct, or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information and proof of residency for verification. If we cannot verify your identity, we will not provide, correct, or delete your Personal Information. You may submit a rights request through an authorized agent. If you do so, the agent must provide us with signed (and, if we require, notarized) written permission to act on your behalf, and you may also be required to independently verify your identity and submit proof to us of your residency. Authorized agent requests should be submitted to info@artisticfuel.com. CHILDREN’S INFORMATION Our Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from people in this age group. If you believe we may have collected Personal Information from anyone under the age of 13, please contact us at info@artisticfuel.com. We will investigate any notification and, if appropriate, delete the Personal Information from our systems. If you are 13 or older, but under 18, you must have consent from your parent or guardian to use Our Services. SECURITY Every Artistic Fuel account is protected by a password to help maintain privacy and security. If you register for an account, we urge you to use a strong password containing unique numbers, letters, and special characters and to protect the confidentiality of your password at all times. If you become aware of, or even suspect, any unauthorized access to or use of your account or password, you must immediately notify us and change your password. Please understand that while we seek to protect your Personal Information and maintain the security of Our Services, we cannot guarantee the security of any information, whether online or offline, because of the possibility of hardware or software failure, unauthorized entry or use, and other factors. You therefore transmit information at your own risk. You should also be aware that any information you provide to us by email is unencrypted. Therefore, you should take special care in deciding what information you send to us by email. In addition, we are not responsible for the circumvention of any privacy settings or security measures contained on our website or on third-party websites. RETENTION We may retain your Personal Information for as long as we need to in order to provide Our Services to you or for any other legitimate business purpose, such as resolving disputes, safety and security, or complying with legal obligations. How long we retain your Personal Information will depend on a number of factors, such as the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from the unauthorized use or disclosure of that Personal Information, our reason for retaining that Personal Information, and applicable legal requirements. STATUTORY REQUESTS Some jurisdictions have laws that give people the right to access or correct the Personal Information a company has about them. We will honor any statutory right you may have to access or correct any of your Personal Information that is in our records. Email requests to honor those rights and access or correct your Personal Information to privacy@artisticfuel.com. Once we receive your request, we will let you know whether an administrative fee (as permitted by applicable law) will apply to fulfill your request. However, even if you have a legal right to make such a request, applicable law may permit us to reject a request that is unreasonably repetitive, would require disproportionate technical effort (for example, developing a new system or materially changing an existing practice), would jeopardize the privacy of others, or would be extremely impractical to fulfill (for example, a request to access information located on a backup system). DISPUTE RESOLUTION Inasmuch as this Privacy Policy is part of the TOU Agreement, any Disputes involving you and us that relate to privacy or the use of your Personal Information and that arise out of or are related to this Privacy Policy or Our Services will be subject to the provisions of the TOU Agreement regarding limitation of damages and liability, choice of law, and dispute resolution (including mandatory binding arbitration). If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can also submit your complaint to Privacy Trust, an independent third party. Visit Privacy Trust’s website at www.privacytrust.com/ to file a complaint. In limited situations, EU individuals may seek redress from the Privacy Shield Panel. You may also have the right to register a complaint with the data protection regulator in your country. COOKIE POLICY This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit our website. Additionally, it explains what these technologies are, why we use them, and your rights to control our use of them. Cookies, Web Beacons, And Similar Technologies. We may use cookies, web beacons, and similar technologies (such as tracking URLs) to collect information about how you or others access or use Our Services, our emails and our advertisements displayed on or off Our Services, and to operate, develop, improve, and customize Our Services and marketing (including our advertisements displayed on or off Our Services). Many browsers automatically accept cookies, but your browser may have settings that enable you to decline or delete cookies on your device. Please understand that because some of Our Services require cookies to operate, you may not be able to sign in, customize, or use some or all of the interactive features of Our Services if you decline cookies. What These Technologies Are. “Cookies” are small data files placed on your computer or other device that record information. Website owners typically use them to make their websites work more efficiently, as well as to provide certain reporting information. For example, a cookie could enable Our Services to recognize your browser, while another cookie could store your account preferences and other information to help customize Our Services. We may use two kinds of cookies: “session cookies” and “persistent cookies.” “Session cookies” normally expire when you close your browser, while “persistent cookies” remain on your device until they expire or are deleted. “Web beacons” (which are also known as “pixel tags” or “clear GIFS”) are pieces of code or pixels embedded in a web page or email to track engagement with and responses to emails, web pages, or advertisements, or to access or communicate with cookies. “Tracking URLs” are special URLs that can be used to track engagement with and responses to emails or web pages. Third-Party Analytics, Service, And Advertising Providers. We may use third-party analytics and service providers (including Google Analytics) to help us better understand how Our Services are accessed and used. For example, we employ a third-party analytics or service provider for web analytics, audience measurement, personalization and segmentation, and relationship management purposes. In turn, this information helps us to expand and improve Our Services. These third-party providers may use cookies, web beacons, and similar technologies to collect information about how users access or use Our Services, emails, and advertisements, on or off Our Services. We may also use third-party advertising providers, including advertising networks or exchanges, to help display advertising on the Services or on other websites, including customized advertisements based on past online activity. These third parties may use cookies, web beacons, and similar technologies to help provide their services to us and to collect information about other persons’ and your online activity across different websites. These providers may also collect your IP address, device identifier, or other identifier for advertising. We use Google’s Remarketing and Demographics and Interest Reporting features, which enables Google Analytics to collect data about traffic on Our Services through Google advertising cookies and anonymous identifiers. We and third-party providers, including Google Analytics, may use first-party cookies (which are cookies set by the website you are visiting) and third-party cookies (which are cookies set by a third-party website other than the website you are visiting) to inform, optimize, and serve advertising based on past visits to Our Services. Because we do not control the practices of third-party providers, our Cookie Policy (and our Privacy Policy in general) does not cover the use of cookies, web beacons, or similar technologies by third parties. Local Shared Objects. Certain websites may also use Local Shared Objections, which are also known as “LSOs” or “Flash Cookies,” to collect and store information about your use of Our Services, for fraud prevention purposes, and for other site operations. If you do not want LSOs stored on your computer or other device, you can adjust the settings of your Flash Player to block LSOs storage. However, setting your Flash Player to restrict or limit acceptance of LSOs may interfere with some Flash applications, such as those used in connection online content. Opting Out. Third-party providers may offer you a way to opt out of receiving cookies from them by visiting their own websites or the websites of industry groups, such as the Network Advertising Initiative and the Digital Advertising Alliance. For example, you may opt out of receiving advertising-related cookies from Google through its settings. If you opt out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preferences. Accordingly, if you delete cookies, install a new browser, or start using a new device, you may need to repeat the opt out process. To opt out of receiving marketing materials, email us at privacy@artisticfuel.com. Changes To This Cookie Policy. Inasmuch as this Cookie Policy is part of our Privacy Policy, we may update it at any time, as described in our Privacy Policy. Please review this Cookie Policy regularly to be informed of any updates. CHANGES TO THIS PRIVACY POLICY As our business changes with time, so do privacy considerations. Accordingly, we have the right to change this Privacy Policy at any time without prior notice. For example, we may change this Privacy Policy to reflect changes in the law or changes to Our Services. Changes to this Privacy Policy will be effective when posted on Our Services or at such later date (if any) as is specified in the updated Privacy Policy. We will notify you of any changes to this Privacy Policy by posting the updated Privacy Policy on Our Services. We urge you to review this Privacy Policy regularly and inform yourself of all applicable changes. Your continuing to use Our Services after a change to this Privacy Policy becomes effective means that you agree to the change and the updated Privacy Policy. Unless we notify you otherwise, the current version of this Privacy Policy will apply to all Personal Information we have about you and your account. CONTACTING ARTISTIC FUEL If you have questions or comments about this Privacy Policy or our privacy practices, would like to know what of your Personal Information we have, or would like to update, delete, or request access to that Personal Information, you may contact us by email at info@artisticfuel.com or by postal mail sent to Artistic Fuel, LLC, 215 Depot Court, Leesburg, VA 20175, U.S.A. ×
