INTRODUCTION

“MIAMIXESMEDIA” OR “MIA MIXES MEDIA” (the “BUSINESS”) is committed to protecting the privacy of our users. This PRIVACY POLICY (“PRIVACY POLICY”) is designed to help you understand what information we gather, how we use it, what we do to protect it, and to assist you in making informed decisions when using our SERVICE.  Unless otherwise indicated below, this PRIVACY POLICY applies to any website that references this PRIVACY POLICY.

For purposes of this Agreement, “SERVICE” refers to the BUSINESS’s SERVICE which can be accessed via our website, hosted by SQUARESPACE.com, and our pages on INSTAGRAM. The terms “we,” “us,” and “our” refer to the BUSINESS. “You” refers to you, as a user of SERVICE. The respective Privacy Policies of SQUARESPACE and INSTAGRAM take effect wherever applicable when our services are accessed via their platforms.

1. WHEN WE COLLECT INFORMATION AND CONSENT

By accessing our SERVICE, you accept our PRIVACY POLICY and TERMS OF USE, and you consent to our collection, storage, use and disclosure of your PERSONAL INFORMATION as described in this PRIVACY POLICY. In addition, by using our SERVICE, or SERVICES, across partnered and unaffiliated sites, you are accepting the policies and practices described in this PRIVACY POLICY. Each time you visit our website, or use the SERVICE, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this PRIVACY POLICY. Whether or not you register or create any kind of account with us, this PRIVACY POLICY applies to all users of the website and the SERVICE.

2. INFORMATION WE COLLECT

2.i We may collect both “NON-PERSONAL INFORMATION” and “PERSONAL INFORMATION” about you.

2.ii “NON-PERSONAL INFORMATION” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.

2.iii “PERSONAL INFORMATION” includes information that can be used to personally identify you, such as your name, address and email address. This category would also include billing information such as credit card information or other payment method information, should you decide to make a purchase via our SERVICE.

2.iv In addition, we may also track information provided to us by your browser when you view or use the SERVICE, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the SERVICE, the time and date of access, and other information that does not personally identify you.  We use this information for, among other things, the operation of the SERVICE, to maintain the quality of the SERVICE, to provide general statistics regarding use of the SERVICE and for other BUSINESS purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect NON-PERSONAL INFORMATION about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.  The BUSINESS may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the SERVICE may not work properly.

3. HOW WE USE AND SHARE INFORMATION

3.i PERSONAL INFORMATION - We do NOT sell, trade, rent or otherwise share your PERSONAL INFORMATION with third parties without your consent, with the following exceptions: We may share your PERSONAL INFORMATION with vendors and other third- party providers who are performing services for the BUSINESS. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the BUSINESS.  For example, when you provide us with PERSONAL INFORMATION to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such PERSONAL INFORMATION for that specific purpose, including by transmitting such information to our vendors (and their services providers) performing these services for the BUSINESS.  In plain English:  If you purchase a piece of art, PAYPAL will receive PERSONAL INFORMATION and our staff managing curb-side pick-up will receive PERSONAL INFORMATION about you as those are necessary to complete the transaction. Your PERSONAL INFORMATION will be kept and used only for business purposes.

3.ii Certain third-party services providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services.  For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your PERSONAL INFORMATION will be handled by such providers.

3.iii In addition, we may disclose your PERSONAL INFORMATION if required to do so by law or if you violate our TERMS OF USE, or the TERMS OF USE of the platform hosts.

3.iv NON-PERSONAL INFORMATION - In general, we use NON-PERSONAL INFORMATION to help us improve the SERVICE and customize the user experience. We also aggregate NON-PERSONAL INFORMATION in order to track trends and analyze use patterns of the SERVICE. We use others to help us provide our SERVICES (e.g. maintenance, analysis, audit, payments, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

3.v This PRIVACY POLICY does not limit in any way our use or disclosure of NON-PERSONAL INFORMATION and we reserve the right to use and disclose such NON-PERSONAL INFORMATION to our partners, advertisers and other third parties at our sole discretion.

4. HOW WE PROTECT INFORMATION

We implement reasonable precautions and follow industry best practices in order to protect your PERSONAL INFORMATION and ensure that such PERSONAL INFORMATION is not accessed, disclosed, altered or destroyed.  However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our SERVICE, you acknowledge that you understand and agree to assume these risks.

5. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

You have the right, at any time, to prevent us from contacting you for marketing purposes. When we send a promotional communication you via any of the platforms we appear on, you can opt out of further promotional communications by following the unsubscribe instructions provided with each and every platform.   Please note that even after you unsubscribe from any promotional communications, we may continue to send you administrative emails or notifications including, for example, invoice confirmation of an artwork purchase or other communication necessary for a transaction. We may also contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. We may contact you via email, telephone, text messages, and postal mail, for these purposes, as applicable.

6. SQUARESPACE

Our BUSINESS is hosted on the SQUARESPACE.com platform. SQUARESPACE.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through SQUARESPACE.com’s data storage, databases and the general SQUARESPACE.com applications. They store your data on secure servers behind a firewall. 

All direct payment gateways offered by SQUARESPACE.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

7. LINKS TO OTHER WEBSITES

As part of the SERVICE, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This PRIVACY POLICY applies solely to information collected by us through the SERVICE. Therefore, this PRIVACY POLICY does not apply to your use of a third-party website accessed by selecting a link via our SERVICE. To the extent that you access or use the SERVICE through or on another website or application, then the PRIVACY POLICY of that other website or application will apply to your access or use of that SITE or application. We encourage our users to read the privacy statements of other websites before proceeding to use them. If you access linked websites, you do so at your own risk.

8. PURCHASES VIA SERVICE

8.i All products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order.

8.ii You represent and warrant that you have the legal right to use any credit card(s) or other payment means used by you or through your account to purchase any product and/or service.

8.iii You acknowledge that any such information will be treated by us in accordance with our PRIVACY POLICY. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the services. Verification of information may be required prior to acceptance of any order through the services.

8.iv Taxes and Shipping. Applicable taxes will be shown during the checkout process prior to finalizing your order. If applicable, VAT is included in the purchase price. Shipping charges may not be shown during the checkout process prior to finalizing your order. We will email you with the final total. Shipping charges include the rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling. Title to products passes to you upon shipment. We endeavor to deliver all orders on-schedule. However, we cannot guarantee that our shipping providers or suppliers will not experience any shipping delays or problems.

8.v Errors, Inaccuracies and Omissions. On rare occasions, you might find that the product you receive does not match what you saw online. If that occurs, let us know. We strive to be as accurate as possible. However, we do not warrant that all product descriptions, images, photographs, pricing or other information on the SERVICE are accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund in accordance with our Return, Exchange and Refund policies below. In the event of an error, whether on the SERVICE, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged. If you receive an order that you believe contains a mistake, we encourage you to contact us right away so that we may correct the error.

8.vi Returns, Exchanges, Refunds. Since the items sold on this site are one-of-a-kind objects of art, Returns, Exchanges, and Refunds are on a case-by-case basis. We will do our best to make things right if they are not. However, please understand that we are human and we can’t solve all and every problem.

9. AGE OF CONSENT

9.i By using the SERVICE, you represent that you are at least 18 years of age.

9.ii This website is not intended for minors, especially children under 13 years of age. We do not knowingly collect personal information from minors, especially children under 13. If you are a minor or under 13, please do not provide any information on this website.

10. CHANGES TO OUR PRIVACY POLICY

We reserve the right to modify this PRIVACY POLICY at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 

11. MERGER OR ACQUISITION

In the event we (or SQUARESPACE / INSTAGRAM) undergo a BUSINESS transaction such as a merger, acquisition by another BUSINESS, or sale of all or a portion of our assets, your PERSONAL INFORMATION may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this PRIVACY POLICY, and that any acquirer of our (or SQUARESPACE / INSTAGRAM 's) assets may continue to process your PERSONAL INFORMATION as set forth in this PRIVACY POLICY. If our information practices change at any time in the future, we will post the policy changes here so that you may opt out of the new information practices.

12. DISPUTE RESOLUTION

12.i If you have any complaints regarding our compliance with this privacy policy, you should first contact us at the contact information listed below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this privacy policy.

12.ii These TERMS are governed by the laws of the State of California, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Alameda County, California, except as described in the Agreement to Arbitrate or as otherwise mutually agreed by the parties.

12.iii Informal Resolution. It is our goal that the service meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at MiaMixesMedia@Gmail.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

12.iv Resolution of Disputes. Governing Law and Jurisdiction. These TERMS are governed by California law and you agree to resolve any disputes in Alameda County, California.

12.v Mutual Agreement to Arbitrate. Please read this Agreement to Arbitrate carefully to understand your rights. By electing arbitration, you and we agree to arbitrate any claims, to the fullest extent permitted by law, unless you opt-out. You and we agree that all such claims will be arbitrated on an individual basis and not as a proposed class action. Whether or not you opt-out, however, you are giving up a right to a trial by jury. You and we understand that discovery and appeal rights are more limited in arbitration.

12.vi The arbitrator, and not any federal, state, local, or other court or agency, will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these TERMS and this Agreement to Arbitrate, including but not limited to, any claim that all or any part of these TERMS or this Agreement to Arbitrate is void or voidable.

12.vii You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the SERVICEs and these TERMS or to any products or SERVICEs sold or distributed by us or through the SERVICEs, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Alameda County, California. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.

12.viii US Claims. For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

12.ix Non-US Claims. For users outside of the United States, any controversy or claim arising out of or relating to these TERMS, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures. The ICDR’s rules are available at https://www.icdr.org.

12.x If you are from the European Union (“EU”) and purchased products, the EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

12.xi Means and Fees. In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who reside outside of the U.S., the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will not reimburse you for filing, administration and arbitrator fees. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

12.xii Right to Opt-Out. You have a right to opt-out of this Agreement to Arbitrate by sending an email to MiaMixesMedia@GMail.com. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products on the or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the TERMS of this Agreement to Arbitrate.

12.xiii Class Action Waiver. To the fullest extent permitted by applicable law, no Arbitration or other claim under these TERMS will be joined to any other Arbitration or claim, including any Arbitration or claim involving any other current or former user of the SERVICE, and no class, collective, and/or representative arbitration proceedings will be permitted. In the event that this Class Action Waiver is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.

12.xiv Waiver of Trial by Judge or Jury. You and we agree and understand that by using arbitration to resolve disputes you and we are giving up any right that you or we may have to a judge or jury trial with regard to all claims subject to this Agreement to Arbitrate. You and we further agree that any claim heard in a court of competent jurisdiction will be heard by a judge instead of a jury, except where a jury trial waiver is not permissible under applicable law.

12.xv Limitation of Actions. You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the SERVICEs, or these TERMS must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

13. GENERAL TERMS

13.i Waivers and Disclaimers. To the fullest extent permitted by applicable law, you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to any activities, artwork, content, actions or inactions of any third party in connection with the SERVICE, including without limitation, any illegal, defamatory, offensive, or unauthorized conduct by any users.

13.ii The services are provided “as is”, “as available”, and with all faults. We cannot guarantee continuous or secure access to or that the services will be error free or that all transactions will be completed. The operation of the services may be interfered with by numerous factors outside of our control. To the extent legally permitted, we disclaim all express and implied warranties, terms and conditions, including, but not limited to any implied warranties of merchantability, quality of information, quiet enjoyment, non-infringement, title, or fitness for a particular purpose. You assume all risks associated with your use of the services.

13.iii Release. You acknowledge that any agreement you make with another party through the services is strictly between you and that party and we are not a party to that agreement. If you have a dispute with another party, you hereby release us (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with that dispute.

13.iv Limitation of Liability. To the fullest extent permitted by applicable law, we are not and will not be liable for indirect, special, punitive, exemplary, consequential, or any other damages whatsoever, including, but not limited to, any loss of money or profits, goodwill, data, artwork, content or reputation, or any property damage or personal injury without regard to the form of action (including, but not limited to, contract, negligence, or other tortuous actions) arising out of or in connection with your use of the services, even if we have been advised of the possibility of those damages. You waive any and all claims, now known or later discovered, that you may have against us arising out of your use of the services.

13.v Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to $100.

13.vi Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In such jurisdictions, the scope and duration of our warranties and the extent of our liability will be the minimum permitted under such applicable law.

13.vii Indemnification. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) arising from or in any way related to: (a) your artwork, content or use of the SERVICE, (b) your (or anyone using your account’s) breach of these TERMS or any of our policies; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.

13.viii Modifications. We reserve the right to monitor, modify or discontinue the services, and to block, modify, publicly comment on, or delete any artwork, content or information submitted at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain or correct any artwork, content or information on the SERVICE.

13.ix California Residents. Under California Civil Code Section 1789.iii, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

13.x Data Transfer. By accessing or using the SERVICE, or submitting information, you acknowledge that you accept the practices and policies outlined in these TERMS and consent to having your data transferred to and processed in the United States, in accordance with our PRIVACY POLICY and applicable law. If you do not agree to these TERMS, please do not use the SERVICE. We control and operate the SERVICE from the United States. We do not represent or warrant that the SERVICE, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the SERVICE do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the SERVICEs, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

13.xi Other Jurisdictions. If you live in a country in which we have a local website, the terms and conditions of such local website will govern your use of the SERVICE and will supersede these TERMS.

13.xii Force Majeure. We will be excused from performance under these TERMS, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.

13.xiii Miscellaneous. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TERMS. If any provision of these TERMS is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these TERMS. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these TERMS and our rights and obligations under them upon notice to you in accordance with the Notices provision. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay to exercise or enforce any right or provision of these TERMS or any rights under applicable law will not constitute a waiver of any of those provisions or rights.

13.xiv These TERMS, set forth the entire understanding and agreement between you and us with respect to the subject matter these TERMS.

14. CONTACTING US & WITHDRAWING CONSENT

If you have any questions regarding this PRIVACY POLICY or the practices of this SITE, or wish to access, correct, amend, or withdraw your consent for the continued collection, use or disclosure of your PERSONAL INFORMATION, please contact us by sending an email to MiaMixesMedia@GMail.com.