Privacy Policy and Terms of Use

 

This page contains nearly 5000 words of industry-standard legalese about our Privacy Policy and website Terms of Use. It is important and legally binding, and we advise all of our customers and site users to read and understand it. But if you are in a hurry, here are some highlights that we think may be particularly important to you:

 

  • Your privacy is important to us. We think everyone's privacy is important ... even ours. So we NEVER share or sell data … never ever. 

  • We don't use cookies or other tracking technologies. We just use Google Analytics which are anonymous and only for statistical purposes. 

  • If you fill out a contact form on our sites, in addition to conversational emails, we will probably send you updates and marketing-type email like newsletters. If you do not want to receive those, there will be an easy “unsubscribe” link at the bottom. Really … we do NOT want to spam you. 

  • We are careful to use reputable hosting, data, software, internet, and other service providers, but the internet can be a dangerous place. We are only responsible for what we do, not for the malicious or criminal acts of others. 

  • We might get some information about you if we meet you in person and get your business card, from a conference or trade show list, or another source. Business is good and our customers love us, so we do not need to bug you if you are not interested. That stuff above about “unsubscribe” links in the emails applies — seriously, that’s all you have to do. 

  • We will post blog content, research, articles, and other materials that we create. These are based upon the knowledge, experience, and opinions of the authors only. We trust our website users to know the difference and to do their own due diligence.

  • Sometimes we post or link to content created by others. Sometimes it is because we agree with the content, sometimes it is because we disagree, and sometimes it is because we just think it is interesting. Our users tend to be internet-savvy and understand that we are not responsible in any way for what other people write or create.

  • We not only support and respect copyright law, but as content creators we cherish it. Any time we post written or image content created by others, we spend a lot of time and resources to ensure that it has been acquired with permission, is legally licensed, or squarely falls under "fair use" or open source guidelines. If you think we have messed up on this, just let us know and we will support our usage or pull it down. 

  • If you have any questions or concerns, or if you find an error, just let us know and we will fix it, explain things, or help in any way that we can.

  • Like all companies heavily involved in the IT industry, we try to keep these legal documents updated. So check back regularly to make sure that you know the latest policies and terms because they apply as soon as we post them. 

  • You might be shocked at how little information we collect and retain. Really ... it's crazy-rare for a modern internet content and marketing businesses like us. Our philosophy is that this website is to provide visitors information about us, not to provide us information about our website visitors. If you fill out our online forms we will get your name and email address. That's pretty much it. But if you want us to completely delete that info, we will. It's super-easy and the instructions are here. If you are a customer and have paid us — THANK YOU! Payment and invoicing information cannot be deleted for tax, accounting, and legal compliance reasons. Makes sense, right?

 

Now comes all of the important, often overly-wordy block text and boilerplate that keeps our legal content editors busy and justifies their careers. 

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Latest update: May 25, 2018

 

Privacy Policy

 

Art of the Message is committed to protecting the privacy of all of our customers and visitors to the highest industry standards and to using technology that provides an exceptional, intuitive, and safe online experience. This Privacy Statement applies to the Art of the Message website and related services and governs data collection and usage. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. By using the Art of the Message website www.artofthemessage.com, you consent to the data practices described in this statement.

 

Art of the Message is in compliance with all known applicable international privacy and data retention laws. We do not share customer or user information. Information that is already “publicly available” through means of lawful processes, such as a public phone number or business address listed in a phone book or open website, may not be considered private information.

 

Collection and Retention of Personally Identifiable Information

Art of the Message does not collect and retain customer information — we just don't. There is no need to. We just use Google Analytics to view and collect anoymized statistics and smart links which tell us if visitors clicked a link in an email we sent you via the MailChimp platform or a specific link in one of our social media posts (e.g., Twitter, Facebook, Instagram). But these really just tell us about the effectiveness of our marketing and do not collect any specific personally identifiable information (PII) about "you." 

 

This website has no cookies. Really. There are two forms — a contact form which sends us an email and a newsletter sign-up form (opt-in). If you fill out the contact form, you give us your name and email address because you are asking us to get in touch with you specifically. That contact form becomes an email. The form itself does not retain any info (once sent, it's gone). In the newsletter registration form, you just enter your email address. You can request that we remove your email from our lists and you can request that we completely delete you from our email lists (there's a difference), but we'll get to that in a minute.

 

If you are a customer, you pay us. THANK YOU! When we invoice you, there are payment instructions issued through our accounting and billing system — QuickBooks by Intuit. You have the option to pay via Intuit Click-to-Pay, Wire Transfer, PayPal, or physical check. In each of those circumstances we never even see your information. It never enters our systems or servers. The ONLY thing we collect is the money you pay us for services rendered ... and let us say THANK YOU again because we really appreciate your business.

 

Art of the Message encourages you to review the privacy statements of websites you choose to link to from Art of the Message so that you can understand how those websites collect, use, and share information. Art of the Message is not responsible for the privacy statements or other content on websites outside of the Art of the Message family of websites.

 

Use of Your Personal Information

General

As we've said ... we just collect you name and email address if you give it to us. This information is solely used to deliver the services you have requested and to send out our newsletter. 

 

Art of the Message may also post surveys to our website or contact you regarding surveys. We use surveys to better understand our customers, to provide higher quality services, to conduct market research, and to provide guidance to the products and services we offer, among other things. Art of the Message may also conduct contests or promotions from time to time. If you participate in any contest, promotion, or survey we may request certain personal information from you. Participation in any survey or contest is completely voluntary and you therefore have a choice whether to participate. By participating in any contest, survey, and/or promotion you consent to the use of any information you provide, at the sole judgment of Art of the Message. Art of the Message may use a third party service provider to conduct these surveys, contests, and/or promotions. Any third party service provider will be prohibited from using the information for any other purpose. We will not share the personal information you provide through a contest, survey, or promotion with any outside individual or organization for any unrelated purpose except as provided herein.

 

Links to 3rd Party Sites

Our site includes links to other websites whose privacy practices may differ from those of Art of the Message. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy statement of any website you visit.

 

Testimonials

We post customer testimonials, statements, and/or other similar items (collectively “Testimonial” or “Testimonials”) on our website which may contain personal information. Generally, we obtain the customer’s consent via email prior to posting the Testimonial. To request removal of your personal information from our Testimonials, please let us know. It shall be done. We have a lot of happy folks who work with us and do not want your name on a Testimonial unless you want it to be there.

 

Newsletters

When you register and / or fill out one of our forms, we may use your name and email address to send periodic emails to you of both promotional and transactional natures. Out of respect for your privacy, you may choose to stop receiving promotional / marketing emails by following the unsubscribe instructions included at the bottom of any of these emails.

 

Restrictions and Limitations

Art of the Message does not sell, rent, or lease its customer lists to third parties. Art of the Message does not collect, use, or disclose certain sensitive personal information, such as race, religion, or political affiliations … all that stuff is irrelevant and, quite frankly, none of our business. 

 

Legal Compliance

Art of the Message websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Art of the Message or the site; (b) protect and defend the rights or property of Art of the Message; and, (c) act under exigent circumstances to protect the personal safety or property of Art of the Message site visitors, Art of the Message, Art of the Message customers, or the public. 

 

Choice/Opt-out

Art of the Message may provide you the opportunity to “opt-out” of having your personal information used for certain purposes, excepting those required herein. To the best of our ability, you will be notified and allowed to make an informed choice whether your personal information should be shared with any unrelated third party individual or organization. 

 

Updating/Accessing/Amending/Correcting Personal Information

If you need to update your personal information you may make these changes at any time through the online control panel provided to you. Ensuring that your information is up to date and accurate is important and your responsibility. If you need assistance with updating your information, contact us via email and we will respond to your request within 30 days.

 

Amazon Affiliate

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

 

Webserver Log Files

As is true of most websites, industry-standard webservers gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This website is built on the WIX website-building platform and they are generally known to be compliant with all major international regulations regarding the retention and use of this data.

 

Third-Party Apps and Widgets

We have not installed any third-party apps or services on this site at this time. All apps and services are distributed by the WIX platform and are therefore reliant on their compliance with laws and regulations. Even our application of Google Analytics uses the connector created by WIX.

 

Security of your Personal Information

Art of the Message maintains any information you provide us in a controlled, secure environment, protected to industry standards from unauthorized access, use, or disclosure. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security (no website can). If you have any questions about security on our website, you can contact us and we will discuss it with you.

 

Changes to this Statement

Art of the Message reserves the right to update this Statement of Privacy at any time. We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this site prior to the change becoming effective. This Statement of Privacy is important and affects your rights and responsibilities, so please review it frequently. 

 

Data Removal, Opt-out, and Deletion

First of all, you can opt-out of our emails at any time. Just click the "unsubscribe" link clearly visible at the bottom of all of our newsletter and marketing communications.

 

If you want us to completely remove all of your information from our systems, it's also super-easy — just let us know using the contact information below. We collect so little info we can do it in a few minutes. 

 

If you are a customer and have paid us, we cannot, by law, delete the basic company and payment information you have submitted by law for tax and other reasons. Makes complete sense, right?

 

Contact Information and Data Protection Officer

If you have questions or comments regarding this privacy policy or believe that information has been handled in a manner inconsistent with the provisions herein, please contact us. We really do want to be as helpful as we can be. 

 

Jeff Hardy

jhardy (at) artofthemessage.com

Art of the Message

201 Bellevue Blvd. North

Bellevue, NE, 68005 

 

Or you can simply use the contact form on this website.

 

Terms of Use

THIS IS AN AGREEMENT BETWEEN YOU (THE WEBSITE USER) AND US (Art of the Message). The Art of the Message website is comprised of various webpages operated by Art of the Message.

 

The Art of the Message website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Art of the Message website constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE

Art of the Message reserves the right to change the terms, conditions, and notices under which the Art of the Message website is offered, including but not limited to the charges associated with the use of the Art of the Message website.

 

LINKS TO THIRD PARTY SITES

The Art of the Message website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Art of the Message and Art of the Message is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Art of the Message is not responsible for webcasting or any other form of transmission received from any Linked Site. Art of the Message is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Art of the Message of the site or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Art of the Message website, you warrant to Art of the Message that you will not use the Art of the Message website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Art of the Message website in any manner which could damage, disable, overburden, or impair the Art of the Message website or interfere with any other party's use and enjoyment of the Art of the Message website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Art of the Message websites. You agree that you will not use the Art of the Message website or any information, graphics, text, Communication Service (see below), or any material contained herein to bring harm, disparagement, or disrepute upon Art of the Message in any way including, but not limited to its subsidiaries, officers, owners, employees, customers, vendors, business, products, services, or other.

 

USE OF COMMUNICATION SERVICES

The Art of the Message website may contain bulletin board services, chat areas, news groups, forums, communities, personal webpages, calendars, and/or other message or communication facilities designed to enable you to communicate with individuals, the public at large, or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: 

 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.

 

Art of the Message has no obligation to monitor the Communication Services. However, Art of the Message reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Art of the Message reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Art of the Message reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.  In addition, Art of the Message reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in Art of the Message's sole discretion.

 

Art of the Message is in compliance with all known applicable international privacy and data retention laws. We do not share customer or user information. Information that is already “publicly available” through means of lawful processes, such as a public phone number or business address listed in a phone book or open website, may not be considered private information. Art of the Message does retain customer information — including personally identifiable data and visitor / traffic statistics — indefinitely on secure severs for internal business use and analytics purposes. By using our sites and services you consent to this retention and use.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Art of the Message does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Art of the Message specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, and other individuals participating in Communication Services in any capacity are not authorized Art of the Message spokespersons and their views do not necessarily reflect those of Art of the Message.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

MATERIALS PROVIDED TO Art of the Message OR POSTED AT ANY Art of the Message WEBSITE

Art of the Message does not claim ownership of the materials you provide to Art of the Message (including feedback and suggestions) or post, upload, input, or submit to any Art of the Message website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Art of the Message, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name or other personal identifier in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Art of the Message is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Art of the Message's sole discretion.

 

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to the contents of your Submission in its entirety as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

 

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Art of the Message website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Art of the Message and/or its suppliers may make improvements and/or changes in the Art of the Message website at any time. Advice received via the Art of the Message website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

 

Art of the Message and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and/or related graphics contained on the Art of the Message website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, communications, and related graphics are provided "as is" without warranty or condition of any kind. Art of the Message and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, communications, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 

To the maximum extent permitted by applicable law, in no event shall Art of the Message and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Art of the Message website, with the delay or inability to use the Art of the Message website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Art of the Message website, or otherwise arising out of the use of the Art of the Message website, whether based on contract, tort, negligence, strict liability, or otherwise, even if Art of the Message or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Art of the Message website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using all services provided by Art of the Message and its partners.

 

AUTHORIZED USERS

Through the creation and maintenance of your account, you have provided personal information including, but not limited to, a credit card on your account to handle billing. You authorize that anyone you have added as an approved user to your account also has authorization to make purchases for services that may have an additional fee. You warrant that you will be responsible for all such purchases by authorized account users.

 

TERMINATION / ACCESS RESTRICTION / SEVERABILITY / ADDITIONAL CONDITIONS

Art of the Message reserves the right, in its sole discretion, to terminate your access to the Art of the Message website and the related services or any portion thereof at any time, without notice. This agreement is governed by the laws of the State of Nebraska, U.S.A., to the maximum extent permitted by law and you hereby consent to the exclusive jurisdiction and venue of courts in Sarpy County, Nebraska, U.S.A., in all disputes arising out of or relating to the use of the Art of the Message website. Use of the Art of the Message website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Art of the Message as a result of this agreement or use of the Art of the Message website. Art of the Message's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Art of the Message's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Art of the Message website or information provided to or gathered by Art of the Message with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Art of the Message with respect to the Art of the Message website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Art of the Message with respect to the Art of the Message website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Art of the Message website are: Copyright ©2015-2016 by Art of the Message and/or its suppliers. All rights reserved. The Art of the Message “Red Design Block” logo is a copyright and trademark of Art of the Message. All rights reserved.

 

As a condition of your use of Art of the Message and its services, you warrant that you will not use, disseminate, misrepresent, copy, compile or decompile, or violate any intellectual property, copyright, or trademarks that belong to Art of the Message, its suppliers, its vendors, or its partners, now or in the future. All intellectual property, copyrights, and trademarks remain the property of their respective owners.

 

The names of actual companies, products, certifications, seals, service marks, or other real or intellectual property mentioned herein are the trademarks of their respective owners. 

 

All images and other content on this website has been created by Art of the Message or has been acquired in good faith from third-party, industry standard image and content providers. Any copyrighted and / or trademarked content or images provided by thus acquired by third parties remains the property of those parties. All of content remains the property of Art of the Message. 

 

Any and all example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

 

Any rights not expressly granted herein are reserved.

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.