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Terms & Privacy Policy

Privacy Statement

SECTION 1 - HOW IS YOUR INFORMATION USED?

When you purchase something from M DAWN ART, as part of the buying and selling process, the personal information you provide, such as your name, address and email address, will be used to process your payment and fulfill your order.

When you browse M DAWN ART, your computer’s internet protocol (IP) address is also received in order to provide M DAWN ART with information that helps us learn about your browsing activity on this website.

Email marketing: With your permission, M DAWN ART may send you emails about new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?

When you provide M DAWN ART 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 M DAWN ART collecting it and using it for that specific reason only.

If M DAWN ART requests your personal information for a secondary reason, like marketing, you will either be asked directly for your expressed consent, or you will be provided with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent at anytime, by contacting M DAWN ART through this website's online Contact form or by clicking the UNSUBSCRIBE link within any email received from MDawnArt.com.

SECTION 3 - DISCLOSURE

M DAWN ART may disclose your personal information if required by law to do so or if you violate M DAWN ART's Terms of Service.

SECTION 4 - SHOPIFY

This store is hosted on Shopify Inc. They provide M Dawn Art with the online e-commerce platform that allows me to sell products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).

Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways 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 M Dawn Art and its service providers.


For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by M DAWN ART will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to M DAWN ART.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information M Dawn Art is required to provide to them for your purchase-related transactions.

For these providers, it is recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or M DAWN ART. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave M Dawn Art's website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on this website, they may direct you away from this site. M DAWN ART is not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, M DAWN ART takes reasonable precautions and follows industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide M DAWN ART with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, M DAWN ART follows all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES

This site uses cookies (bits of data) to enhance your shopping experience, to save items in your cart, to provide M DAWN ART with information about your visit and which websites referred you, and to enable certain website features to function properly. Review the types of cookies, below, so you can choose if you want to opt-out of cookies or not:

Sessional Cookies: Allows Shopify to store information about your session (referrer, country, landing page, tracks number of visits, pages you visit on MDawnArt.com, info related to your order, etc).

Cart Cookies: Persistent for 2 weeks. Stores information about the contents of your cart in case you wish to return and complete a purchase.

Store Cookies: Indefinite if the shop has a password. Used to determine if the current visitor has access.

SECTION 8 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

M Dawn Art reserves 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 M Dawn Art makes material changes to this policy, you will be notified here that it has been updated.

LAST POLICY UPDATE: November 4, 2019


TERMS OF SERVICE

OVERVIEW

This website is operated by M Dawn Art. Throughout the site, the terms “we”, “us” and “our” refer to M Dawn Art. M Dawn Art offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this site and/or making a purchase, you engage in M Dawn Art's “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using this website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

M Dawn Art reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

This store is hosted on Shopify Inc. They provide M Dawn Art with the online e-commerce platform that allows M Dawn Art to sell products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given your consent to allow any of your minor dependents to use this site.

You may not use M Dawn Art products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your services.

SECTION 2 - GENERAL CONDITIONS

M Dawn Art reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by M Dawn Art. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

M Dawn Art is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. M Dawn Art reserves the right to modify the contents of this site at any time, but has no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products are subject to change without notice. M Dawn Art reserves the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice at any time.

M Dawn Art shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to M Dawn Art's Return Policy. Every effort is made to display, as accurately as possible, the colors and images of products that appear at this store.

M Dawn Art cannot guarantee that your computer monitor's display of any color will be accurate. Any misrepresentation of color or product is unintentional. Please carefully read each product description in addition to viewing product photos and product options, if applicable. 

Jewelry referred to as "Hypoallergenic" is intended to inform potential buyers that the product is made with materials known to be, by hypoallergenic definition, "below normal" or "slightly" allergenic. M Dawn Art cannot and will not guarantee that any product, or parts thereof, will not cause any individual an allergic reaction. M Dawn Art offers no warranties against allergic reactions of any kind. If you have an allergic reaction to a product, you may return that product in accordance with M Dawn Art's Return Policy

M Dawn Art reserves the right, but is not obligated, to limit the sale of products or Services to any person, geographic region or jurisdiction. M Dawn Art may exercise this right on a case-by-case basis.

M Dawn Art reserves the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at anytime without notice, and products may be discontinued at any time.

Any offer for any product or service made on this site is void where prohibited. M Dawn Art does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.  If any product does not meet your expectations, you may return the product(s) in accordance with M Dawn Art's Return Policy.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

M Dawn Art reserves the right to refuse any order you submit. M Dawn Art may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that M Dawn Art makes a change to or cancels an order, an attempt to notify you will be made via e-mail and/or billing address and/or phone number provided at the time the order was submitted. M Dawn Art reserves the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors. If you are interested in purchasing products to sell in your online store or boutique, please use the contact form to request more info.

You agree to provide current, complete and accurate information for all purchases made at this store. You agree to promptly update your account, if you have one, and other information including your email address, credit card numbers, expiration dates, etc, so that M Dawn Art can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party tools over which M Dawn Art neither monitors nor has any control nor input. You acknowledge and agree that your access to such tools is provided ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

M Dawn Art shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

In the future, new services and/or features may be offered through this website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available at MDawnArt.com may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with M Dawn Art. M Dawn Art is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

M Dawn Art is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at M Dawn Art's request, you send certain specific submissions, or without a request from M Dawn Art, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that M Dawn Art may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to M Dawn Art.

M Dawn Art is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

M Dawn Art may, but have no obligation to, monitor, edit or remove content that is determined or questioned to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead M Dawn Art or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. M Dawn Art takes no responsibility and assumes no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by M Dawn Art's Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on this site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, photos, product options, availability, pricing, promotions, offers, product shipping charges and transit times.

M Dawn Art reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

M Dawn Art undertakes no obligation to update, amend or clarify information in the Service or on this or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. M Dawn Art reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

M Dawn Art does not guarantee, represent or warrant that your use of this service will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that, from time to time, M Dawn Art may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by M Dawn Art) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall M Dawn Art, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content related to this website, any service, any product, allergic reactions to products listed as "hypoallergenic", or any loss or damage of any kind incurred as a result of the use of the service or any product, or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Use of this website, services, and products purchased are done so at your own risk.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, M Dawn Art's liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless M Dawn Art and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or M Dawn Art.

You may terminate these Terms of Service at any time by notifying M Dawn Art that you no longer wish to use the Services, or when you cease using this site.

If, in M Dawn Art's sole judgment, you fail, or it's suspected that you have failed, to comply with any term or provision of these Terms of Service, M Dawn Art may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

M Dawn Art's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted on this site or in respect to the Service constitutes the entire agreement and understanding between you and M Dawn Art and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and M Dawn Art (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby M Dawn Art provides you Services shall be governed by and construed in accordance with the laws of the State of Tennessee, USA.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

M Dawn Art reserves the right to update, change or replace any part of these Terms of Service by posting updates and changes to this website. It is your responsibility to check the website periodically for changes. Your continued use of or access to this website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to M Dawn Art through this website's online Contact Form.

LAST UPDATED: November 4, 2019