Terms & Conditions

COPYRIGHT

This agreement is in effect as of May 9, 2019. Updated January 8, 2021.

NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of our products, including online courses.

Hello & welcome to www.sofialenore.com. This website is owned and operated by Sofia Lenore Watercolors LLC, a North Carolina company. By visiting this website and accessing the information contained herein - including the portfolio, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy.

You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.

INTELLECTUAL PROPERTY NOTICE

All property on this site is creative and intellectual property of Sofia Lenore Watercolors LLC. This includes, but is not limited to, all images, text, designs, graphics, trademarks and service marks. No replications shall be made without prior permission. Attempting to copy, duplicate, reproduce, sell, trade, or resell anything (in whole or in part) within this site or that which is the intellectual property of Sofia Lenore Watercolors LLC is strictly prohibited and a violation of federal law.

Violation may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You MAY use the intellectual property of Sofia Lenore Watercolors LLC with clear and obvious credit back to this site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.

TERMS OF THIS COURSE OF PRODUCT PURCHASER AGREEMENT

All products and services re owned and provided by Sofia Lenore Watercolors, LLC (“Company” or “we” or “us” or “our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. Sofia Lenore Watercolors LLC additionally reserves the right to change or update this Agreement (Terms & Conditions) periodically and without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms & Conditions.

You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, please email us at sofialenorewatercolors@gmail.com and we will make reasonable efforts to remove your name, email and access to our Offering and website(s).

PAYMENT

A. SECURITY

For the privacy and security of both The Client and Sofia Lenore Watercolors LLC, all payments will be made via secured methods: Venmo, PayPal, or Credit Card. These methods are supported through Etsy as well as Square.

B. REFUNDS

There will be no refunds for completed commissions or made-to-order work. If a commissioned or made-to-order piece is damaged during shipping, please reach out to sofialenorewatercolors@gmail.com within 48 hours of a package’s arrival to discuss next steps. Sofia Lenore can also send a replacement print of the commissioned artwork free of charge.

In the instance that a pre-made product is damaged during shipping or does not arrive, the client has 30 days to request a replacement free of charge. Please reach out to sofialenorewatercolors@gmail.com within 48 hours of a packages arrival to discuss next steps.

Please note that used, opened and/or final sale items cannot be returned.

C. CANCELLATIONS

If commission or made to order project needs to be cancelled during the creation process, Sofia Lenore Watercolors LLC is authorized to retain the monetary value of supplies in addition to a 25% retainer of the cost of the commission to cover time and design work already completed. Please reach out to sofialenorewatercolors@gmail.com directly to discuss next steps.

In the case of pre-made products, a order can be cancelled with a full reimbursement only BEFORE the shipping date of the product. This date is confirmed when a client receives a Sofia Lenore Watercolors LLC Shipping Notification email.

PERMISSION TO DISPLAY WORK

Sofia Lenore Watercolors LLC retains the right to use materials created under a Agreement (which includes commissions or made-to-order products) for self-promotion. This includes use on online portfolios, within blogs, physical portfolios, submitting work to relevant industry websites, and on social media. If proprietary or private work is created under an Agreement, the Client must write a written request that select materials stay exempt from this notion.

YOUR COMMUNICATIONS

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

DISCLAIMER OF WARRANTY

Sofia Lenore Watercolors LLC does not warrant that the services and products provided / ordered will meet the Client’s expectations or requirements. The entire risk as to the quality and performance is with Client. Except as otherwise specified in these Terms & Conditions. Sofia Lenore Watercolors LLC provides services and products “as is” and without warranty of any kind. The parties agree that (A) The limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (B) Each party disclaims all other warranties, express of implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to the Agreement, performance or inability to perform under this Agreement, the content, and each party’s computing and distribution system.

Sofia Lenore Watercolors LLC makes no warranty of any kind, whether express or implied, with regard to any products or content provided by a third party. The foregoing limitation of liability shall be on a cumulative basis and not per incident.

Indemnification, Limitation of Liability and Release of Claims

INDEMNIFICATION

You agree at all times to indemnify and hold harmless Sofia Lenore Watercolors LLC, as well as any of our affiliates, directors, joint venture partners, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our products and services.

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through our website, sofialenore.com. We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of any purchase from or use of Sofia Lenore Watercolors LLC.

TERMINATION

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

Security and Assumption of Risk

SECURITY

It is Your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe, Squarespace, Paypal, Square, or Etsy. By utilizing these payment processors to gain access to any products and/or services provided by Sofia Lenore Watercolors LLC, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

CONFIDENTIALITY

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

ASSUMPTION OF RISK

By accessing our products, services, and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to You.

ENTIRE AGREEMENT

Before make any purchases with our website, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

CALIFORNIA PRIVACY RIGHTS

The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below.

If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, sofialenore.com, we may not be able to completely remove that data from our systems.

NEWSLETTER POLICY

Sofia Lenore Watercolors LLC offers the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns.

SEVERABILITY

If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

ENTIRE AGREEMENT

The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

LAW AND JURISDICTION

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of North Carolina, United States.

CONTACT INFORMATION

If you have any questions or comments about these our Terms & Conditions as outlined above by Sofia Lenore Watercolors LLC, you can contact us at: Sofia Lenore Watercolors LLC- sofialenorewatercolors@gmail.com

Privacy Policy

This agreement is in effect as of May 9, 2019. Updated January 8, 2021.

We at Sofia Lenore Watercolors LLC respect your privacy. This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website, purchase our goods or services, or engage with us on social media, as well as your own rights to the information we collect.

Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Privacy Policy periodically, when you use our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted.

INFORMATION THAT WE COLLECT

We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include:

PERSONAL DATA

Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs or contacting us with questions. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.

DERIVATIVE DATA

Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.

FINANCIAL DATA

Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps. We store limited financial data. Most financial data is transferred to our payment processor(s), Stripe, PayPal, Square, Etsy, or Squarespace, and you should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data.

SOCIAL NETWORKING DATA

We may access personal information from social networking sites and apps, including Facebook and Instagram. This information may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.

MOBILE DEVICE DATA

If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.

HOW WE USE YOUR INFORMATION

Your information allows Sofia Lenore Watercolors LLC to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website).

Specifically, we may use the information and data described above to:

Deliver any products or services purchased by you to you
Correspond with you
Process payments or refunds
Contact you about new offerings that we think you will be interested in
Interact with you via social media
Send you a newsletter or other updates about our company or website
Deliver targeted advertising
Request feedback
Notify you of updates to our product and service offerings;
Resolve disputes and troubleshoot any problems
Administer contests or giveaways
Compile anonymous statistical data for our own use
Assist law enforcement as necessary
Prevent fraudulent activity on our website or mobile app
Analyze trends to improve our website and offerings.

WHY WE DISCLOSE YOUR INFORMATION

We may share your information with third parties in certain situations. In particular, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.

The following are specific reasons why we may share your information.

THIRD PARTY PROCESSING

We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. We may not always disclose these third party processors if not required by law.

BY LAW

We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

TO PROTECT OUR COMANY

We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

ADVERTISERS

We may use third party advertising companies to run and manage our ads, such as Facebook and Instagram to produce ads that appears when you visit our Website or mobile app. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of, such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

ONLINE POSTINGS

When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.

EXTERNAL LINKS

Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.

OTHER PURPOSES

We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.

TRACKING TECHNOLOGIES

Cookies, Log Files and Web Beacons: Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.

Sofia Lenore Watercolors LLC also uses cookies and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalization, for security, for targeted advertising, or for analysis of the performance of our website and services. For example, cookies allow us to recommend blog posts to you based on what you have read on our site in the past. We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use, and to customize your interaction with our website.

When you first encounter our website, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our website. By continuing to use our website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy.

In addition, we may use third-party software to post advertisements on our website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. These third party softwares may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies.

WEBSITE ANALYTICS

We may partner with third party analytic companies, including Squarespace Analytics and Google Analytics. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third party vendors. However, in order to access our website, you must consent to the collection and use of your information by these third party analytic companies. You should review their Privacy Policy and contact them directly if you have questions.

PROCESSING YOUR INFORMATION

Most frequently, Sofia Lenore Watercolors LLC does not process data information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions.

However, Sofia Lenore Watercolors LLC may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data:

Data associated with your account, such as your name, address, email address and payment information
Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.
Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.
Data that you provide us in the course of using our services.
Data that you post on our website, such as comments or responses to blogs.
Data that you submit to us when you make an inquiry regarding our website or offerings.
Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.
Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.
Data that you submit to us via correspondence, such as when you email us with questions.
Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.

INTERNATIONAL DATA

Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield.

DATA RETENTION

We retain personal data as long as it is needed to to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.

You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.

SECURITY OF YOUR INFORMATION

We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us.

By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.

We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.

YOUR RIGHTS

You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.

Update Account Information: You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at sofialenorewatercolors@gmail.com.
Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to our use of your information.
Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website.
Emails And Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at sofialenorewatercolors@gmail.com.
Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at sofialenorewatercolors@gmail.com.
Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether.
Complaints: You have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law.

SEVERABILITY

If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

ENTIRE AGREEMENT

The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.