Terms & Conditions and Privacy Policy

Terms & Conditions

Use & Consent

Please read these Terms of Use carefully and in their entirety before purchasing and downloading a product or e-course from Barbara Williams and barbaraanne.art (hereinafter “we,” “our,” “us”).

You, as a visitor and/or user of our website, agree to these Terms of Use, and your access and/or use of our website, products, and/or e-courses or via materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to. This website and any products and/or e-courses offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.b

Legal & Financial disclaimer

You agree at all times to defend, hold harmless, and indemnify Barbara Williams and barbaraanne.art, and any affiliates, agents, or other party associated with Barbara Williams and barbaraanne.art, from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or e-courses purchased therefrom, or via materials requested through email, as well as any third-party claims of any kind arising from your actions in relation to our website.

Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.

No Warranty or Liability

The information provided on barbaraanne.art and its content, products and/or e-courses purchased therefrom is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or e-courses purchased therefrom or via materials requested through email.

THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT Barbara Williams AND barbaraanne.art ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR E-COURSES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES. YOU AGREE THAT Barbara Williams  AND barbaraanne.art ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR E-COURSES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND. Barbara Williams AND barbaraanne.art ’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $25.00 (USD).

We expressly exclude any liability to the fullest extent of the law.

By using our website and its content or purchasing a product and/or e-course from our website or requesting materials via email, you agree to this limitation of liability and release Barbara Williams and barbaraanne.art from any and all claims.

Indemnification

The information provided on barbaraanne.art and its content, products and/or e-courses purchased therefrom is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or e-courses purchased therefrom or via materials requested through email.

THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT Barbara Williams AND barbaraanne.art ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR E-COURSES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES. YOU AGREE THAT Barbara Williams  AND barbaraanne.art ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR E-COURSES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND. Barbara Williams AND barbaraanne.art ’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $25.00 (USD).

We expressly exclude any liability to the fullest extent of the law.

By using our website and its content or purchasing a product and/or e-course from our website or requesting materials via email, you agree to this limitation of liability and release Barbara Williams and barbaraanne.art from any and all claims.

Intellectual Property Protection and Personal Use

The materials contained on our website, including, but not limited to, products, e-courses, videos, photos, graphics, designs, and other files, are the proprietary property of Barbara Williams and are protected by United States intellectual property rights. Barbara Williams grants you a single non-transferable license to download, view, copy, and/or print any digital products and/or e-courses you purchase from barbaraanne.art or materials requested via email solely for your personal, non-commercial use (including use specific to your current church calling). You may not share the cost of any product or e-course or the product or e-course itself with any third party.

You may not share your login credentials for barbaraanne.art with any third party for any reason. You may not sell or transfer your access to barbaraanne.art or any of the content and/or materials contained therein to any third party.

Upon the termination of this license, you shall delete and/or destroy all downloaded and/or printed copies of the materials from barbaraanne.art obtained therefrom.

You agree that you will not use the contents of and materials in any products and/or e-courses you download or purchase from Barbara Williams and barbaraanne.art to create a competing product. Any other use of the materials in barbaraanne.art, any product or e-course you purchase, and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.

You agree that you will not use our website, products, e-courses, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.

Your License to Us

When you submit any post, comment, image, or other content that you upload, publish, or display on or through our e-courses (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.

You retain the right to remove your User Content at any time.

If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.

User Limitations

You agree that you will not post, transmit, upload, or otherwise make available any User Content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable.

You agree to use our products and/or e-courses for lawful purposes only.

No Formal Endorsements

Any reference or link to any other companies, events, services, or products, on our website or in our products, e-courses, or emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.

You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you.

You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

Affiliate Disclosure

We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.

You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

Third-Party Links

We may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by Barbara Williams and barbaraanne.art. If you use those links, you leave our website. You agree that Barbara Williams and barbaraanne.art are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.

By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Barbara Williams and barbaraanne.art are not liable for any damage or loss caused by your access to or
use of information, materials, products, or services contained on and/or purchased from any linked third-party website.

By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from barbaraanne.art’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.

Payments

You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.

All of the personal information that you provide as part of the purchase process for any product or e-course on our website may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.

Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.

You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.

Refunds

Due to the extensive time and effort that goes into our digital products and e-courses, and the nature of digital artwork, there is no refund policy for these products.

If a physical product arrives damaged, or is lost in transit, please contact us immediately so that we can arrange a replacement.

We do not tolerate or accept any type of chargeback from your credit card company.

Termination

Barbara Williams reserves the right to terminate your access at any time for any reason, including for your breach of these Terms of Use.

Upon the termination of your access, you shall delete and/or destroy all downloaded and/or printed copies of the digital materials from barbaraanne.art obtained therefrom.

Dispute Resolution and Jurisdiction

These Terms of Use shall be governed and construed according to the laws of the State of Utah, without regard to conflict of laws principles. The nearest state and federal court to LoganUtah shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or products and/or e-courses purchased therefrom, or via materials requested through email.

By using our website or its content, or products and/or e-course purchased therefrom, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens. In the event that Barbara Williams must make a claim for any breach of these Terms of Use by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.

Severability

If any provision of these Terms of Use shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS OF USE, PLEASE CONTACT: hello@barbaraanne.art

April 19, 2022

Privacy Policy

Purpose

Barbara Williams and barbaraanne.art (hereinafter “we,” “our,” “us”) is committed to protecting your privacy and maintaining a quality online experience for our website viewers. This Privacy Policy explains how we collect, handle, store, and protect personal information about you as a visitor and/or user of our website; your rights in relation to your personal information; and how you can contact us and supervisory authorities in the event you have questions about how we handle your personal information.

Privacy Policy Consent

Please read this Privacy Policy carefully and in its entirety before using barbaraanne.art. You, as a visitor and/or user of our website, agree to the following Privacy Policy, and your access and/or use of our website, products, and/or services constitutes your voluntary acceptance to be bound by its terms, whether you have read it or have had the opportunity to read it and have chosen not to.

Your use of our website, and any information that you contribute or provide to us, is subject to this Privacy Policy.

Children’s Online Privacy Protection Act (COPPA)

This website and any products and services offered herein are not intended for persons under the age of 18.

We prohibit children under the age of 18 from using any and all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. A child’s parent or guardian should contact us if we have inadvertently collected any information or content from that child without the parent or guardian’s authorization, so that we may delete that information from our records.

CAN-SPAM Act of 2003

We have taken the necessary steps to ensure that we are in compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 and will not send misleading information.

Personal Information We Collect

The type of personal information we collect depends on how you are interacting with us. The personal information we may collect directly from you consists of the following:

  • Name and contact data, such as, first and last name, email address, postal address, phone number, and other similar contact data;
  • Payment information, such as, payment card number (credit or debit card), and the security code associated with your payment instrument, if you make a payment; and
  • Comments, feedback, questions and other information you provide to us.

 

We automatically collect personal information when you:

  • Visit, interact with, or use our website;
  • Access, use, or download content from us; and
  • Open emails or click links in emails from us.

 

We collect personal information from third-party advertisers that use cookies on our website to provide online behavior advertising. See the Use of Cookies section below.

How We Use the Information You Provide/Lawful Basis

We process personal information about you:

  • To perform a contract;
  • With your consent;
  • For our legitimate interests;
  • To comply with the law;
  • To protect someone’s life; and/or
  • Public task.

 

We will not sell or trade your personal information and have never done so.

We may transfer your personal information to a third party in the event of a bankruptcy, dissolution, merger, sale, acquisition, or change of control.

We may transfer your personal information to a third party if we need to comply with our legal obligations, resolve disputes, and/or enforce our agreements. Most of the personal information we process is provided to us directly by you to:

  • Process and fulfill an order, download, subscription, or other transaction;
  • Respond to your requests, inquiries, comments and concerns; and
  • Send updates and offers by email.

 

We may also process personal information to:

  • Provide online behavioral advertising;
  • Inform you of and administer promotions, contests, sweepstakes or surveys;
  • Help us address problems with and improve our website;
  • Protect the security and integrity of our website; and
  • Contact you for other business reasons, if necessary.

Use of Cookies

“Cookies” are small text files that are placed on a computer or other device and used to identify the user or device and to collect information when you visit a website.

We use absolutely necessary cookies, which allow you to move around our website and use its features.

You can disable cookies through your web browser’s settings, but disabling this function may diminish your experience on our website as some features may not work as intended.

“Do Not Track” (DNT) Signals

Some browsers transmit Do Not Track (DNT) signals to websites.

Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers.

How the Information is Shared and Stored

Depending on how you interact with us, we share information with our third-party service providers, agents and representatives, including, but not limited to, [1] eCommerce platform providers, payment processing providers, email service providers, IT service providers, security and software service providers, in order to process the information as necessary to complete a transaction, fulfill your request, or otherwise on our behalf based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

We also will disclose your personal information if we have a good faith belief that such disclosure is necessary to:

  • meet any applicable law, regulation, legal process or other legal obligation;
  • detect, investigate and help prevent security, fraud or technical issues; and/or
  • protect the rights, property, or safety of myfaithgrows.com, our users, employees, or others.

 

Our current third-party service providers include:

  • Paypal.com (payment processing)
  • Stripe (payment processing)
  • Teachable (learning platform)

Information Retention

We retain your personal information for as long as necessary to fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements, or until such time as you let us know you would like for us to delete it or unsubscribe from our marketing contacts.

Information Protection and Security

Our website uses commercially acceptable security measures to prevent your personal information from being lost, used, or accessed in an unauthorized way. We use a Secure Sockets Layer (SSL) certificate and never transmit your credit card information via email. If you receive an email from us that appears to be a request for personal information, do not respond because it may be a phishing scam designed to steal your personal information.

We cannot guarantee that your personal information will always be secure. Should there be a data breach, we will notify you when we are legally required to do so.

Your Rights to Control Your Information

You can unsubscribe from our e-newsletters or updates at any time through the unsubscribe links found in the communications you receive from us.

CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

The CCPA provides Californian residents with the following rights with respect to their personal information:

  • Right to request disclosure: to know the personal information collected about you and the purpose for its collection.
  • Right to request a copy: to make a personal information request twice in a given 12-month period
  • Right to deletion: to have your personal information deleted upon a verifiable request.
  • Right to say “no” to sale: to opt out of the sale of your personal information.
  • Right to not be discriminated against: the right to equal service and price even if you exercise your rights under the CCPA.

 

In the last 12 months, we have collected the following categories of personal information: [REVISE THIS LIST TO REFLECT THE CATEGORIES OF INFORMATION YOU HAVE COLLECTED]

  • Identifiers: Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
  • Customer records information: Name, signature, address, telephone number, bank account number, credit or debit card number, other financial information
  • Commercial information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  • Internet or other electronic network activity information: Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement
  • Geolocation data
  • Audio, electronic, visual, thermal, olfactory, or similar information
  • Professional or employment-related information
  • Education information
  • Inferences

 

For more details about the personal information we collect, see the Personal Information We Collect section above. We use this personal information for business and commercial purposes as described in the How We Use the Information You Provide/Lawful Basis section above. We share this personal information with the third parties outlined in the How the Information is Shared and Stored section above.

If you are covered by the CCPA and would like to make a personal information request, see the Contact Us section below. We will respond within 45 days of receiving the request provided that we are able to verify your identity.

GENERAL DATA PROTECTION REGULATION (GDPR)

If you are covered by the GDPR, you have the following rights under European laws, and may have similar rights under the laws of other countries:

  • Right of access: to make a written request for access to and a copy of your personal information
  • Right to rectification: to have your inaccurate personal information corrected or removed
  • Right to erasure (‘right to be forgotten’): to have your personal information erased
  • Right to restriction of processing: to limit the purposes that your personal information may be used for
  • Right to object: to object to the processing of your personal information in cases where our processing is based on direct marketing, processing for scientific/historical research and statistics, legitimate interest processing, and processing in regards to the performance of a public interest or official authority task
  • Right to data portability: to have your personal information transferred to you or a third party in a machine-readable format
  • Right to withdraw consent: to withdraw your consent that we handle your personal information at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on your consent before its withdrawal

 

These rights are not absolute and they do not always apply in all cases. We will honor your rights under applicable data protection laws.

Use and Transfer of Your Information Out of the European Economic Area (EEA)

This website is operated in the United States and the third parties with whom we might share your personal information (as explained above) are also located in the United States or other countries located outside the European Economic Area.

If you are located outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.

Filing a Complaint

If you are covered by the GDPR, and you are not content with how we manage your personal information, you may lodge a complaint with a supervisory authority in the European Union (or European Economic Area) state where you are a resident, work, or where the alleged infringement of data protection laws took place.

Contact Us

If you would like to “opt out” or have any questions, comments, complaints, or suggestions in relation to data protection or this Privacy Policy, or any other concerns about the way in which we process information about you or you wish to delete or change your personal information in our records, please contact us by email: hello@barbaraanne.art

Please be sure to specify which right you want to exercise and provide us with enough information to verify your identity. If we cannot verify your identity, we may not be able to fulfill your request.

Changes to this Privacy Notice

This policy is effective as of April 20, 2022. We may change, modify, or update this Privacy Policy at any time and will notify you of any such changes by email (if you have provided your email to us) and/or by a prominent notice displayed on our website and updating the effective date of our Privacy Policy. We recommend that you check the Privacy Policy when you visit our website to be sure that you are aware of our most current policy.