Terms of Use

A note from Jivan Lee Studio and Jivan Lee:

Art speaks to us and can change our lives for the better. And so sharing my work online is done in a spirit of making meaningful contact and bringing my best to the metaphorical table. It is a challenging reality that the desire to commune over art comes with a host of legal and logistical ramifications – and yet, it does. It turns out sharing art online, communicating with you all, and selling any products requires a lot of behind-the-scenes technology, much of which I have very little control over. Please know that the following lengthy terms are strongly recommended by legal experts to make sure that I continue being able to make and share my work. And so, though the following terms are long, I wanted to directly express that I – the actual person just making art and sharing it with the world – value you taking the time to visit my site, value respect for one another, and value walking with decency while making a living as an artist. I will treat your time, attention, and information as I myself would want mine treated.   

   

Use of the Content is Intended for Individuals that Respect the Content and Agree to Adhere to the Terms

These are the Terms of Use (“Terms”) for Jivan Lee Fine Art & Sustainability, Inc. d.b.a. Jivan Lee Studio (“Jivan Lee Studio” or “We”) websites, social media and other platforms, books, prints, paintings, works, products, services and all other content owned or provided by Jivan Lee Studio (“Content”).     

Use of the Content on any media now existing or later developed (e.g., mobile device, Internet, etc.) is governed by these Terms, including all policies, guidelines, rules and directions published or presented as part of or in connection with the Content, including the Privacy Policy.  For easier reading, the Terms define certain commonly used words or phrases.     

The Content is intended only for individuals who are legally able to consent to these Terms, or have a guardian that consents to these Terms on their behalf (“You” or “Users”).   Access to the Content is prohibited if You do not agree to and understand the Terms. 

The Terms may be revised from time to time as deemed necessary or desirable by Jivan Lee Studio in its discretion.  The revised Terms will be highlighted here and apply to all use of the Content following the date of revision. 

One of Your obligations under these Terms is to visit this page periodically to review the current Terms that will then govern Your use of the Content.  If You do not agree to any revised Terms, do not use the Content from that point forward.  You will still be bound by the prior Terms with respect to Your prior use of the Content. 

 

1.             Limited Permission

Jivan Lee Studio provides access to the Content in Jivan Lee Studio’s sole discretion and solely for personal viewing consistent with the Terms.   No right or license to use the Content other than as expressly set forth in the Terms is granted.   

Jivan Lee Studio reserves the right, in Jivan Lee Studio’s sole and absolute discretion, to refuse access to the Content to any individual or group of individuals. 

You acknowledge that You have no entitlement to access and You agree that Jivan Lee Studio shall not be liable to You for termination of access to the Content.

 

2.             Modifications to the Content

Jivan Lee Studio reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Content or any part or function thereof with or without notice, including modifications of any prices charged for use of existing or future portions of the Content (including requiring a fee for use where none previously existed).  You acknowledge and agree that Jivan Lee Studio shall not be liable to You for any modifications or discontinuance of Content.

 

3.             Errors and Omissions

Occasionally there may be Content that contains typographical errors, inaccuracies or omissions.  Jivan Lee Studio has no obligation to correct any such errors, inaccuracies or omissions, and it is in Artist’s sole and exclusive discretion whether to review, change and/or update the Content at any time without prior notice.  You acknowledge and agree that Jivan Lee Studio shall not be liable to You for any errors, inaccuracies or omissions.

 

4.             Respecting the Rights of Jivan Lee Studio

Jivan’s artwork is the result of a lifetime of creative effort, study and hard work.  The Content is provided premised on Your respect for those efforts and promise not to violate Jivan’s rights in the Content which is protected by law. 

You acknowledge your obligation not to violate Jivan Lee Studio’s ownership rights which extend throughout the world in and to the Content including, without limitation (i) all copyrights, registrations, and applications; (ii) all moral rights, meaning the  right to decide if and how the Content shall be published, advertised, performed or exploited, and rights to terminate any permissions or access to same; (iii) all rights to create derivative works from the Content, and all rights to alter, expand, adapt, modify and make any arrangements of the Content; (iv) all trademarks, service marks, trade dress, trade names, slogans, designs, logos, internet domain names, corporate names and all other indicia of origin (and all translations, adaptations, derivations, and combinations of the foregoing) relating to or arising out of the Content, together with all of the goodwill associated therewith; (v) all rights of publicity; and (vi) any other intellectual property and other rights.

You acknowledge that You do not have any right to access to the Content and that any access provided to you is at the sole discretion of Jivan Lee Studio and may be terminated at any time. 

If, in violation of the Terms, You use the Content to prepare derivative works of or incorporate into other works, for commercial or other purposes, including exploitation thereof, such resulting works shall be owned by Jivan Lee Studio exclusively and you shall be precluded from any use thereof or compensation therefore.

 

5.             Content Related Prohibited Conduct

Pursuant to the terms, You are strictly prohibited from engaging in or attempting to engage in any of the following conduct:

  • a)           accessing, reproducing, downloading, distributing, transmitting, broadcasting, displaying, selling, licensing, altering, modifying or otherwise using any part of the Content except as presented to you, subject to the Terms;

  • b)           circumventing, disabling, fraudulently engaging with, or otherwise interfering with any part of the Content including security-related features or features that (i) prevent or restrict the copying or other use of Content, or (ii) limit the use of the Content;

  • c)           accessing the Content using any automated means (such as robots, botnets or scrapers);

  • d)           collecting, harvesting, submitting or disclosing any personal or confidential information;

  • e)           using the Content in any way other than viewing the Content as presented;

  • f)             promoting, monetizing, or deriving revenue from the Content;

  • g)           interfering with, blocking, destroying, or restricting access to the Content;

  • h)           misusing any reporting, flagging, complaints, disputes, or appeals process, including by making groundless, vexatious, or frivolous submissions;

  • i)             using the Content other than for personal, non-commercial use (for example, you may not publicly display the Content);

  • j)             creating any NFTs; or

  • k)           sell any advertising, sponsorships, or promotions of the Content.

6.             Respecting the Rights of Others  

You are strictly prohibited from using the Content in a manner that interferes with or would reasonably be expected to negatively affect Jivan Lee Studio or other Users. 

Without limitation as to other restrictions, You shall not engage in any conduct that consists of:

  • a)           harassment, threatening or engaging in abusive conduct;

  • b)           communicating in any manner that is libelous, defamatory or invades another’s privacy;

  • c)           communicating expressions of hatred, bigotry, racism or pornography;

  • d)           violating any law, committing any deception, or breaching any contractual or fiduciary obligations;

  • e)           transmitting any harmful or unwanted computer code or software, including but not limited to viruses, malware, spyware or ransomware;

  • f)             interfering with or disrupting the operation of the Content or any servers or networks connected to the Content, such as payment processors and other third-parties involved in providing the Content;

  • g)           overriding, circumventing, or interfering with any security or Content access controls; or

  • h)           reverse engineering, decompiling, disassembling or otherwise attempting to derive confidential or proprietary elements used to present the Content.

 

7.             Digital Millennium Copyright Act

Jivan Lee Studio is under no obligation to monitor information or materials submitted to the Content or used in connection with the Content with respect to the use or inclusion of illegal or impermissible content.  

However, Jivan Lee Studio respects the copyright and intellectual property interests of others. It is Jivan Lee Studio’s policy not to permit materials known to infringe another party’s copyrights to remain on the Content.

If You believe that Your work has been copied in a way that constitutes copyright infringement, You should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:

  • a)            a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • b)            identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

  • c)            identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

  • d)            information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;

  • e)            a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

  • f)              a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA notices should be sent to:

Jivan Lee Fine Art & Sustainability, Inc.

Attn: DMCA Complaint

contact@jivanlee.com

 

8.             Choice of Law and Disputes

These Terms and the relationship between You and us shall be governed by Federal law or the laws of the State of New Mexico, as applicable, without regard to conflict of law provisions.  

Any disputes between You and Jivan Lee Studio shall be brought in the Federal or state courts, as applicable, with jurisdiction over persons in Santa Fe, New Mexico.  You expressly agree that You are subject to the personal and exclusive jurisdiction and venue of such courts with respect to disputes between You and Jivan Lee Studio (but without waiver of Your rights in any unrelated matter).  

 

9.             Third-Party Resources

PORTIONS OF THE CONTENT ARE AND/OR MAY BE PROVIDED ON THIRD-PARTY SOCIAL MEDIA PLATFORMS SUCH AS INSTAGRAM, FACEBOOK, AND YOUTUBE, LINKS TO OTHER THIRD-PARTY WEBSITES AND RESOURCES, WHICH MAY PROVIDE ACCESS OR EXPOSE YOU TO CONTENT AT SUCH WEBSITES OR PART OF SUCH RESOURCES INCLUDING BUT NOT LIMITED TO INTERACTIVE PLATFORM CONTENT, SOCIAL MEDIA, AND USER GENERATED INFORMATION (“THIRD PARTY RESOURCES”).  BECAUSE JIVAN LEE STUDIO HAS NO CONTROL OVER THIRD PARTY RESOURCES, OR ANY ACCOUNT YOU MAY HAVE WITH SAME, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH THIRD PARTY RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, GOODS, OR OTHER MATERIALS ON, AVAILABLE THROUGH OR PROVIDED BY SUCH THIRD PARTY RESOURCES.  

JIVAN LEE STUDIO IS AND/OR MAY IN THE FUTURE ENABLE SOCIAL MEDIA CONNECTIVITY IN CONNECTION WITH THE CONTENT FROM TIME TO TIME.  THIS CONNECTIVITY MAY LINK TO OUR OWN SOCIAL MEDIA ACCOUNTS WHICH ARE ALSO THIRD PARTY RESOURCES.  JIVAN LEE STUDIO’S CONTENT AVAILABLE ON SUCH THIRD PARTY RESOURCES ARE SUBJECT TO THESE TERMS AND THOSE APPLICABLE TO THIRD PARTY RESOURCES.  IF YOU CHOOSE TO USE THIRD PARTY RESOURCES YOU ACKNOWLEDGE AND AGREE TO ABIDE BY THE RELEVANT TERMS AND CONDITIONS OF EACH RESPECTIVE PLATFORM.

YOU ACKNOWLEDGE THAT WHERE YOU CHOOSE TO PUBLISH OR SHARE INFORMATION THROUGH THIRD PARTY RESOURCES, JIVAN LEE STUDIO HAS NO CONTROL OVER THAT ACTIVITY.  IT WILL NOT BE PROTECTED BY JIVAN LEE STUDIO.  YOU SHOULD ASSUME THAT YOUR ACTIVITY MAY BE ACCESSED BY ANY PERSON USING THE INTERNET IN ANY PART OF THE WORLD AND CAN BE FOUND USING INDEPENDENT SEARCH ENGINES.  IF YOU CHOOSE TO ENGAGE IN ACTIVITY ON THIRD PARTY RESOURCES, YOU DO SO AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT JIVAN LEE STUDIO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU OR OTHERS AS THE RESULT OF ANY INTERACTION YOU MAY HAVE WITH THIRD PARTY RESOURCES.

10.          Disclosures, Warnings and Disclaimer of Warranties

Jivan Lee Studio maintains these Terms to protect Jivan Lee Studio’s Content, operations and rights.  Jivan Lee Studio also desires to foster the integrity of the Content by obtaining user agreement to the Terms; however, You understand that Jivan Lee Studio cannot control Users of the Content and shall have no liability for the conduct of other Users of the Content. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK.  THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  

JIVAN LEE STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OR USE OF THE CONTENT, OR ANY INFORMATION OBTAINED THROUGH THE CONTENT, OR WHETHER CONTENT ACCESS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

 

11.          Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JIVAN LEE STUDIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JIVAN LEE STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CONTENT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE CONTENT.

 

12.          Indemnification

You agree that You shall indemnify Jivan Lee Studio for any claims or damages suffered by Jivan Lee Studio as a result of Your activities in connection with the Content and/or other Users.  You agree to hold Jivan Lee Studio, and Jivan Lee Studio’s associated business, affiliates, officers, directors, and employees, agents and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to Your use of any portion of the Content or Your conduct in connection with the Content.

13.          Exclusions And Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU.

 

14.          Authority and Submission of Information by You

You represent and warrant that:

  • a)           Your use of the Content is in Your personal, individual capacity, or on behalf of an entity which has authorized You to use the Content on the entity’s behalf;

  • b)           If You register, subscribe or otherwise identify Yourself to Jivan Lee Studio or another User, You shall identify Yourself accurately and shall not create a fake identity;

  • c)           You are legally able to consent to these Terms, or have a guardian that consents to these Terms on You behalf;

  • d)           If You provide any information to Jivan Lee Studio or on the Content, You are fully authorized to do so, and all such information is true and correct; and

  • e)           You are the owner or authorized user of all information and content submitted to Jivan Lee Studio or on the Content.

You grant to Jivan Lee Studio an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, display any information You submit to Jivan Lee Studio.  If you do not want to grant such license, do not send Jivan Lee Studio any information.

 

15.          Accounts

Jivan Lee Studio may enable or require Users to create accounts for access to or purchase of all or a portion of the Content.  Account creation may require You to provide or may result in the creation of certain personal information and login and password information (“User Credentials Information”).   You shall not provide Your User Credentials Information to any other person or entity.  You assume full responsibility for use of Your User Credentials Information including keeping such information confidential.  You must immediately notify us if You know or have any reason to suspect that Your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of Your account. You are liable for any and all activities conducted through Your account.

All information provided to Jivan Lee Studio or using the Content including but not limited to information provided to create accounts must be accurate, current and complete. 

You may not create accounts for another person or entity.

16.          Purchase Terms

  • a)             Shipping:  We ship to all US states and Canada via the U.S. Postal Service. Shipping charges will be paid by the purchaser. We are unable to guarantee delivery dates because of delivery time-frames are at times unpredictable and are outside of Jivan Lee Studio’s control.   

  • b)             No Returns:  Returns are not accepted except in the case of damage during shipment, when documented by photographs of damage to the box and corresponding damage to item itself.  We provide detailed information about our merchandise on our website, and invite you to contact us if you have any questions or would like more information about a potential purchase.

  • c)             Instruction, in-person or online: Deposits for workshops and course fees are not refundable. Jivan Lee Studio may, in Jivan Lee Studio’s sole discretion, allow an exception in the case of unusual circumstances outside of your control, such as an illness. Courses that have been attended are not refundable. You can get a feel for Jivan Lee Studio’s area of interest, as well as Jivan Lee Studio’s communication and instruction style, in Jivan Lee Studio’s Instagram videos or on Jivan Lee Studio’s YouTube channel. 

  • d)             Taxes and Customs Fees: We are required to collect sales tax in all US states as required. Taxes and customs fees are paid by the purchaser and added to the invoice at check out.

  • e)             Price Changes: For any products that are made to order, we cannot guarantee prices.  If there is a change in the price of any product, we will contact you to confirm whether to proceed.

  • f)               Charges; Product Inventory: We do our best to keep inventory updated and accurate but occasionally an order can be placed for a product that is out of stock.  We do not charge for purchases until a product ships.`

 

Privacy Policy

This privacy policy (the “Policy”) describes how Jivan Lee Studio collects and uses Your information.  This Policy applies to data You provide when You access or purchase Content.  Jivan Lee Studio may modify this Policy from time to time effective upon its posting.  It is important that You review the Policy often.  This Policy is incorporated into, and is subject to, the Terms.

If You are a resident of California, please review the California Privacy Disclosures for additional disclosures required by California law.

RESPONSIBILITY FOR INFORMATION SUBMITTED BY YOU

You understand and agree that Jivan Lee Studio has no control over the data You provide to Jivan Lee Studio through the or in connection with the Content.  Accordingly, You represent that You are authorized to provide Jivan Lee Studio with such information for the purpose of Your access to the Content and agree to hold Jivan Lee Studio and its subsidiaries, affiliates, officers, directors, and employees, agents, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim from any person or entity arising out of or related to our use of the information provided in accordance with the terms of this Privacy Policy.

Collection of Non-Personal Information

Jivan Lee Studio may collect non-personally identifiable information regarding Your access to the Content.  Jivan Lee Studio may utilize third party software to collect this information and reserves the right to change data collection methods, providers and/or software, at any time in Jivan Lee Studio’s sole discretion.  If You do not want such non-personally identifiable information collected, it may be possible for You to adjust settings on the electronic equipment You use to access the Content (e.g., a stationary or mobile computer, phone or tablet) (Your “Device”).  However, Jivan Lee Studio cannot guarantee that such settings can be changed or will be effective or that access to the Content will be possible and You assume all risks associated with Your access to the Content. 

 

Collection of Personal Information

Jivan Lee Studio may also collect Personal Information about You or others. By “Personal Information”, Jivan Lee Studio means information that can be used to identify a specific individual, which could be You or others (i.e., the recipient of a purchase).

Personal Information may include information about Your web browser, IP address, time zone, device identifiers, IP addresses, or “cookies” (“Cookie Data”).  This type of information, if collected, is collected through our “Tracking Technologies” described below.  Other Personal Information is what You provide to Jivan Lee Studio when registering for a service or purchasing a product for Yourself or another recipient.

By using the Content and providing any information to Jivan Lee Studio, You are acknowledging that the Content may not be secure and that data transmissions via email, uploads through a network or into website forms are inherently insecure. Jivan Lee Studio will not intentionally disclose Personal Information, but Jivan Lee Studio cannot control and will not be liable for interference by third-parties.  You agree not to provide any information through the Content or email that You or others would not want shared with others.

Without limitation, You acknowledge that communications in furtherance of the Content, such as payment for purchases, may be conducted via third party communication platforms, over which Jivan Lee Studio has no control.  You assume all responsibility for the information You provide through and for the consequences of use of such communication platforms.

 

How Jivan Lee Studio Uses Personal Information.

Jivan Lee Studio will use Personal Information to enable Jivan Lee Studio to provide the Content indicated when You provided the information. 

Jivan Lee Studio may also use Personal Information to identify You when You access Content, to improve the operation and usefulness of the Content, and to comply with applicable laws and law enforcement.

The Content requires use of Third Party Resources and Your personal information will be shared with such third parties to the extent necessary to enable You to receive the Content, and as needed for the operation of Content.  Such Third Party Resources may have their own terms and conditions and privacy policies which You agree to review and by using Content confirm Your agreement to such terms.  

The following Third Party Resources have been used in connection with the Content: Google Analytics and Workspace, Squarespace and Squarespace Analytics, PayPal, Stripe, ApplePay, Square, Taxjar, and Shippo.  For the specific terms applicable to these Third Party Resources, please go to their websites.  You are solely responsible for your decision to interact with any of the Third Party Resources, or do not use the feature of the Content that uses such Third Party Resources.

Jivan Lee Studio may utilize alternate or additional third-parties to enable Content to operate, from time to time, in Jivan Lee Studio’s sole discretion.  By using Content, You consent to such sharing to the extent of the uses here indicated or otherwise permitted by law.

Jivan Lee Studio may disclose Personal Information: (1) if Jivan Lee Studio determine a violation of the Terms has occurred; (2) if Jivan Lee Studio believe such disclosure is necessary to identify or bring legal action regarding or prevent injury or interference with Jivan Lee Studio’s rights or the rights of another user of the Content; (3) to respond to legal process or as otherwise required by law; and (4) to assist Jivan Lee Studio in fraud protection or investigation.

You understand that information received from You may be used by Jivan Lee Studio for any or all of the reasons described herein.

You have the opportunity to cease use of Content and have Your information deleted, except as otherwise permitted or required by law.  To do so, use the opt-out information provided within our Content or in our emails, or contact Jivan Lee Studio using the contact information provided below. 

Your personal information will not be sold to any person or entity. 

Except as otherwise required by law, any information submitted by You on the Content or in connection with Your use of the Content, is not considered and will not be treated as confidential.

 

How Jivan Lee Studio Protects Personal Information

Personal information collected via the Content may be stored and processed in the United States and/or any other country in which Jivan Lee Studio or an entity responsible for managing the Content maintains facilities.   By using the Content, You consent to any such storage, processing and transfer of information, about You, into and out of Your country, state, and/or territory. 

Generally accepted technical standards are used to protect the Personal Information submitted to Jivan Lee Studio, both during transmission and once Jivan Lee Studio receives it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.  Cyberattacks of U.S. companies by criminals has increased over recent years and created a significant risk in any company’s day-to-day operations.  As a result of these circumstances, Jivan Lee Studio cannot guarantee the absolute security of any data, including its own, and thus cannot be liable for security breaches.

By using the Content and providing any information to Jivan Lee Studio, You are acknowledging that not all portions of the Content are secure and that data transmissions via email, uploaded through a network or on the Content are inherently insecure. You acknowledge and agree that use of the Content is at Your own risk. 

Jivan Lee Studio will not intentionally share Your Personal Information other than as Jivan Lee Studio has disclosed, but Jivan Lee Studio cannot control and will not be liable for interference by third-parties.

Given the inherent risks, You agree not to provide any information through the Content, including any communication with Jivan Lee Studio, that You would not want shared with others, or information that would cause You damage or irreparable harm. 

JIVAN LEE STUDIO WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DATA BREACH OR UNAUTHORIZED ACCESS TO USER INFORMATION COLLECTED OR SUBMITTED THROUGH THE SITE AND CONTENT.

 

Tracking Technologies

Jivan Lee Studio may use technologies to analyze trends, administer the Content, track users' movements around the Content, and to gather demographic information about users as a whole. Jivan Lee Studio may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. 

When You access and use the Content, tracking technologies may automatically collect and record certain data about Your use of and interaction with the Content.  The data collected may be considered personal information in some jurisdictions, and may include data such as Your IP address, browser type, the make and model of device used to access the Content, unique device identifiers, the referring webpage, pages visited, and search terms.

Jivan Lee Studio may use various tracking technologies such as cookies and pixel tags to collect data about Your use of and access to the Content.  Cookies are small data files stored on Your hard drive or in device memory by websites You visit, applications You use, or advertisements You view and help Jivan Lee Studio improve the Content and Your experience using such Content. 

Your device may enable You to choose to turn off cookies via Your browser settings.  If You elect to turn off cookies, some of the Content may not function properly. 

 

Data Retention

Jivan Lee Studio generally retains Your information for as long as necessary to enable the uses described herein or as otherwise allowed by law.

You may request a copy or deletion of the information Jivan Lee Studio holds about You via request through the contact information below and such information shall be provided, subject to confirming Your credentials and authority, and unless doing so is otherwise prohibited or exempted by law.  You may also contact Jivan Lee Studio to have any inaccuracies in Your information corrected, or limit further use of Your information, subject to the same exceptions.

Users have the opportunity at any time to remove themselves from our communications.  Users also can request their Personal Information be deleted by responding to the opt-out information provided on our Content, or in our emails, or by contacting Jivan Lee Studio using the contact information provided below. 

Notwithstanding the foregoing, You acknowledge and agree that withdrawal of consent and deletion of Your data is subject to exceptions where Jivan Lee Studio determines, in Jivan Lee Studio’s sole discretion, that retention of the data is necessary, including but not limited to the following examples:

  • 1.    Withdrawal of consent shall not apply where retention of Your Personal Information is necessary for Jivan Lee Studio to fulfill certain uses disclosed here such as legal requirements, investigations and/or where data has been disclosed to third parties in accordance with the Terms and this Policy.

  • 2.    After disclosure of Personal Information to third parties pursuant to the Terms and this Policy, withdrawal of consent and deletion of Your Personal Information may not be possible and/or may be subject to the limitations of such third parties’ own privacy policies or other requirements similar in scope to those disclosed here.

  • 3.    Withdrawal of consent and/or deletion of Your Personal Information may not be possible where otherwise required by legal authorities.

Children’s Privacy

Jivan Lee Studio does not knowingly collect or solicit personal information from any users that are not competent to agree to the Terms or for whom a parent or guardian provides consent.

Additional Policy Provisions for California Residents

This section (“CCPA Section”) supplements the information contained in the Policy and applies solely to users of the Content who are residents of the State of California.  Jivan Lee Studio adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this CCPA Section.

Personal Information for purposes of the CCPA Section is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“CCPA Personal Information”). 

CCPA Personal information does not include (a) Publicly available information from government records; (b) Deidentified or aggregated consumer information; or (c) information which is not within the scope of CCPA.

Categories of CCPA Personal Information Jivan Lee Studio has collected within the last twelve (12) months or expects to collect within the next twelve (12) months:

Category Examples Collected

  • A. Identifiers: Collected? Yes

    • A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifier

  • B. Personal information as listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): Collected? Yes

    • A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information

  • C. Protected classification characteristics under federal or California law: Collected? No

    • Age, race, color, ancestry, national origin, citizenship, religion, marital status, medical or health conditions, disabilities, gender, sexual orientation, military status, or genetic information

  • D. Commercial information: Collected? Yes

    • Records of purchasing

  • E. Biometric information: Collected? No

    • Fingerprints or facial recognition

  • F. Internet activity: Collected? Yes

    • Browsing or search history

  • G. Geolocation data: Collected? No

    • Physical location or movement

  • H. Sensory data: Collected? No

    • Audio or visual information

  • I. Employment related information: Collected? No

    • Employment status or history

  • J. Non-public education information under the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)): Collected? No

    • Education records directly related to a student maintained by an educational institution

  • K. Inferences from other personal information: Collected? No

    • Profile reflecting a person's preferences

Jivan Lee Studio obtains such CCPA Personal Information from You directly or from third parties You have authorized or are necessary to provide the Content You have requested, and/or indirectly through Tracking Technologies.   

Jivan Lee Studio may use or disclose CCPA Personal Information for the reasons described in the Policy.  Jivan Lee Studio will not collect or use CCPA Personal Information other than as disclosed pursuant to the Policy including this Section without notice to You.

Where Jivan Lee Studio has disclosed CCPA Personal Information to a third party for the purposes described in the Policy and this Section, Jivan Lee Studio requires such third parties to treat such CCPA Personal Information confidentially and only for the purposes Jivan Lee Studio has disclosed to You. 

 

YOUR RIGHTS AS A CALIFORNIA RESIDENT

CCPA provides California Residents with specific rights regarding their CCPA Personal Information, specifically California Residents:

  • 1.    Have the right to request disclosure of the collection and use of Your CCPA Personal Information in the preceding 12 months:

    • Which categories of Your CCPA Personal Information Jivan Lee Studio collected

    • Why Jivan Lee Studio collected Your CCPA Personal Information

    • What categories of third parties Jivan Lee Studio shared Your CCPA Personal Information with

    • The specific CCPA Personal Information of Yours that Jivan Lee Studio collected

  • 2.    Have the right to request deletion of Your CCPA Personal Information that Jivan Lee Studio possess

Jivan Lee Studio will respond to verified requests from California Residents pursuant to the CCPA and fulfill such requests in compliance with the law, including any exceptions that may apply such as when the CCPA Personal Information is necessary to

  • fulfill Jivan Lee Studio’s obligations with respect to the Content You have requested or another legal obligation

  • protect against cybersecurity threats, fraudulent or illegal activity

  • avoid damage to, maintain and repair our Content

  • the exercise of free speech or other rights protected under the law

  • comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)

  • the completion of scientific, historical, or statistical research You previously consented to which is in the public interest and in compliance with law

  • our right to use such information for internal purposes consistent with consumer expectations given the nature of our relationship with You or compatible with the context in which You provided Your CCPA Information

You may exercise Your CCPA rights described above and as otherwise provided under the law by submitting a verifiable CCPA request to the contact specified in the Policy for any privacy concerns.  Such a request must be:

  • 1.     made by You or Your registered agent authorized pursuant to California law, on Your behalf or on behalf of Your minor child

  • 2.    Made no more than twice in any 12-month period

  • 3.    Provide information sufficient to reasonably verify the CCPA Personal Information is Yours or is Your minor child’s CCPA Personal Information

  • 4.    Provide sufficient detail to allow Jivan Lee Studio to evaluate the request and our legal obligations and rights under the law

Jivan Lee Studio will respond to verifiable CCPA requests in accordance with the requirements of the law, and reserves all rights under such law.

Jivan Lee Studio will not discriminate against You for exercising Your CCPA rights as a California Resident, and will not deny access to Products or Content in the manner provided to all users of such Products or Content except as permitted by the CCPA.

This Section may be amended in our discretion except to the extent otherwise required by law.

Contact For Any Privacy Concerns:

Jivan Lee Fine Art and Sustainability, Inc.

Attn: Privacy Officer

Address for correspondence:

Jivan Lee Studio

PO Box 3831
Taos, NM 87571

Email: contact@jivanlee.com

Phone: (575) 737-8228