1. SCOPE AND APPLICATION

Marlon Holden Fine Art Galleries, as a joint data controller understands the importance of our customers’ privacy. This Privacy Policy describes the treatment of information we collect from and about you when you visit our websites or use our apps and other services that contain a link to this Privacy Policy or otherwise refer to or provide the URL to this Privacy Policy (collectively, the “Services”). Our Privacy Policy also describes other sources we use to obtain information about you; tells you how we use, share and protect your information; and what choices you have about how your information is used and shared. By using the Services, you agree to the terms and conditions of this Privacy Policy and consent to our collection, use and disclosure of your personal information in the manner set out below.

We do not knowingly permit children under age 13 (in the United States) or age 16 (in the EEA) to register for any content, product or Service. We do not knowingly collect, use or disclose personal information about users under age 13 (in the United States) or age 16 (in the EEA), except as permitted by law. In recognition of the need to provide additional privacy protections for children, we have a separate privacy policy that applies to those sites and apps that are directed to them.

For purposes of this Privacy Policy, “personal information” means information that identifies a specific person or that is about an individual who can be identified, such as full name, email address, newsletter choices, magazine or product purchases, consumer product preferences.

2. COLLECTION OF INFORMATION

Information You Provide Directly to Marlon Holden Fine Art Galleries:

If you are interested in obtaining information, products or services from Marlon Holden Fine Art Galleries, or participating in certain activities through the Services, you may need to provide us or our service providers with information about yourself. For example:

· If you register for a Service to become a member, receive a newsletter, or get information about Marlon Holden Fine Art Galleries’ promotions or events, you may be asked for your name, email address, mailing address, phone number and other information.

· If you order a product from us or one of our business partners, you may be asked for your name, postal address, email address, telephone number and your credit card number.

· If you participate in an activity such as a survey or sweepstakes, you may be asked for your name, email address and birth date, and also to provide other types of information such as gender and personal interests, which may be associated with other personal information that has been obtained from or about you.
Sensitive Information. We ask that you not send us, and you not disclose, any sensitive personal information (such information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Services or otherwise.

Information We May Collect Automatically:

In addition to information you choose to provide to us, Marlon Holden Fine Art Galleries and our service providers also use standard technologies to automatically collect certain additional information. For example:

· IP Address and Other Identifiers. When you access and interact with our Services, Marlon Holden Fine Art Galleries and our service providers may collect information about your visits in order to permit you to connect to and obtain the Services and to understand the frequency with which specific visitors visit various parts of our Services. For example, we may collect your Internet Protocol (“IP”) address, which identifies the computer or service provider that you use to access the Services, or information about your browser type, authentication identifiers, and other software and hardware information. If you access the Services through a mobile or other device we may collect your mobile device identifier, geolocation data (including your precise location), or other transactional information for that device. We may combine this information with other information that we have collected to make our Services and our communications to you more targeted to your interests.

· Social Media Information and Content. If you access or log into a Service through a social media service or connect a Service to a social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the social media service to share with us, such as your profile picture, email address or friends lists, and any information you have made public in connection with that social media service. When you access the Services through social media services or when you connect a Service to social media services, you are authorizing Marlon Holden Fine Art Galleries to collect, store, and use such information and content in accordance with this Privacy Policy.

· Cookies and Other Tracking Technologies. Our Services may also use cookies. Cookies are small text files that are stored on a user’s computer and allow websites to remember information about users. We and our service providers use cookies for a variety of purposes in order to enhance the quality of our sites. We use transient (also called “session ID”) cookies to provide continuity from page to page. A session ID cookie expires when you close your browser. We also use persistent cookies. Persistent cookies allow our online store and certain other parts of our site to recognize your browser when you return after your first visit to that part of our site. Cookies allow us to personalize your return visits to our site and to save you time during certain activities, such as checking out from our online store. You have the choice to set your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.) You can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website, see http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. It is up to you whether to allow us to send you cookies. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the Services.

· Web beacons and other tracking technologies. The Services may use other tracking tools, including so-called “pixel tags,” “web beacons,” “web bugs,” “clear GIFs,”etc. (collectively “Web Beacons”) to collect user activity information about your activities on the Services. These are small electronic images embedded in web content (including online ads) and email messages and are ordinarily not visible to users. Like Cookies, Web Beacons enable us to track pages and content (including ads) accessed and viewed by users. Also, when we send HTML-formatted (as opposed to plain text) emails to you, Web Beacons may be embedded in such emails to allow us to monitor readership levels so that we can identify aggregate trends and individual usage to provide our audiences with more relevant content or offers. Web Beacons in emails may recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web Beacons cannot be declined when delivered via a regular web page. However, Web Beacons can be refused when delivered via email. If you do not wish to receive Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

· Third Party Tracking. Third parties that support the Services by serving advertisements or providing services, such as allowing you to share content or tracking aggregate the Services usage statistics, may also use these technologies to collect similar information when you use the Services (such as websites and emails). These third parties may also use these technologies, along with activity information they collect, to recognize you across the devices you use, such as a mobile device and a laptop or other computer. Marlon Holden Fine Art Galleries does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices.

· Please visit our Cookie Policy for more information on the Cookies and other tracking technologies present on our Services.

· Information Contained in User Content:

· Some parts of our Services may allow users to post or transmit messages, comments, screen names, computer files and other materials. You should be careful about what personal information you choose to make public through these Services.

· Information from Other Sources:

· To the extent permitted by law, Marlon Holden Fine Art Galleries and our service providers may supplement the information we collect from and about you with information from other sources, such as publicly available information about your online and offline activity from social media services, commercially available sources and information from Marlon Holden Fine Art Galleries Affiliates or business partners. 

3. USE AND DISCLOSURE

Marlon Holden Fine Art Galleries and our service providers may use information that we collect from and about you for a variety of business purposes, including:

· to maintain and manage your account, deliver content and services that you request, improve the Services and enhance your experience on our Services;

· to process and track your product or service orders and provide the Services and content you request;

· to communicate with you about the content and Services or other products, content or services in which you may be interested, or to respond to your inquiries or comments;

· to contact you. Marlon Holden Fine Art Galleries may periodically send notifications related to the Services such as notifications of changes to the Services or policies;

· to offer you branded, co-branded or other services, products, or features, such as travel services and products. By virtue of such relationships, we may share the information you submit in connection with the service with the third party (provided that you have consented to this). The third party’s use of your information will be governed by the third party’s privacy policy;

· to deliver relevant advertising and marketing. Marlon Holden Fine Art Galleries and our service providers may use the information we collect from and about you as described in this Privacy Policy to deliver relevant ads to you when you use the Services (on any of your devices) or another service (on any of your devices). As noted above, third-party advertising networks and advertisers may use cookies and similar technologies to collect and track information such as demographic information, inferred interests, aggregated information, and information about the different devices you use and your activity on such devices, to assist them in delivering advertising that is more relevant to your interests. The information may also be used to deliver more relevant advertising to you across marketing channels, including email. If you would like to opt-out of such ad networks’ and services’ advertising practices on the device on which you are accessing this policy, go to http://optout.aboutads.info/ to opt-out in desktop and mobile web browsers. You may download the AppChoices app at www.aboutads.info/appchoices to opt-out in mobile apps. If you want to stop receiving Marlon Holden Fine Art Galleries promotional materials, you can follow the unsubscribe instructions in our communications;

· to allow social sharing functionality. If you log in with or connect a social media service account with the Services, we may share your user name, picture, and likes, as well as your activities and comments with other Marlon Holden Fine Art Galleries Services users and with your friends associated with your social media service. We may also share the same information with the social media service provider. By logging in with or connecting your Services account with a social media service, you are providing your consent to us to share information we collect from and about you with the social media service provider, other users and your friends and you understand that the social media service’s use of the shared information will be governed by the social media service’s privacy policy. If you do not want your personal information shared in this way, please do not connect your social media service account with your account and do not participate in social sharing on Services;

· to perform business analyses or for other purposes to improve the quality of our business, the Services, and the products and services we offer;

· To protect the rights of Company and others. There may be instances when Company may use or disclose your information, including situations where Company has a good faith belief that such use or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, our Company Affiliates or their employees, agents and contractors (including enforcement of our agreements and our terms of use); (ii) protect the safety, privacy, and security of users of the Company Services or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities;

· to complete a merger or sale of assets. If Marlon Holden Fine Art Galleries sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business (including in connection with a bankruptcy or similar proceedings), Marlon Holden Fine Art Galleries may transfer your information to the party or parties involved in the transaction as part of that transaction; or in accordance with your consent.

· In order to make our content, Services and advertising more interesting and relevant to you, we may use the information we collect from and about you to make inferences and predictions about your potential areas of interest. When the information collected from or about you does not identify you as a specific person, we may use that information for any purpose or share it with third parties, to the extent permitted by applicable law.
Marlon Holden Fine Art Galleries will disclose your personal information as described in this Privacy Policy, including:

· with entities that help us to manage and provide the Services, including development of our websites and applications, maintenance and support, personalization, payment processing, email distribution, measurement and improvement, sweepstakes/contest administration, booking, fulfilment, and operation of travel services and products, and promotions management, only to the extent that these entities need the information to perform their services or as required by law;

· with our Marlon Holden Fine Art Galleries Affiliates. You agree and consent that Marlon Holden Fine Art Galleries may share your information with Marlon Holden Fine Art Galleries Affiliates for the purposes described in this Privacy Policy. This may include transferring information to other countries (including countries other than where you are based) that have a different data protection regime than is found in the country where you are based which may include countries outside of the EEA including the United States. Users who visit Marlon Holden Fine Art Galleries Affiliates’ services should still refer to their separate privacy policies, which may differ in some respects from this Privacy Policy;

· with identified entities whose products or services you specifically use or request to receive while you use the Services;

· with our business partners, such as travel operators. Their use of your personal information will be governed by their own privacy policies;

· with third parties in in the ordinary course of business in order to process your requests and fulfil your orders for video content offered through the Services;

· with your consent, with other selected third parties so that they may send you promotional materials about goods and services that they offer;

· in response to legal process and when we believe that doing so is required by law (including laws applicable to our Affiliates and service providers), may be necessary to protect any person’s property, rights, or safety, or to investigate a potential violation of law, will help to enforce any terms of use or other legal agreement, or in the event of a corporate transaction, such as a divestiture, merger, consolidation, bankruptcy or asset sale;

· in accordance with your consent.

Marlon Holden Fine Art Galleries, and its Affiliates, service providers, business partners and other individuals described above, may be located outside of your country of residence, including, among others, in the United States (Canada and EEA). These countries may have different data protection regimes than is found in the country where you are based.

When information we collect is aggregated, anonymized or otherwise does not identify you, we may use that information for any purpose or share it with third parties, to the extent permitted by applicable law.

4. INFORMATION SECURITY

We take a number of commercially reasonable administrative, technical, personnel and physical measures designed to safeguard information in our possession from loss, theft and unauthorized use, disclosure or modification. However, no one can guarantee the complete safety of your information.

5. USER ACCESS AND CONTROL

If you would like to access, review, correct, update, suppress, delete or otherwise limit our use of your personal information you have previously provided directly to us, you may contact us using the mechanisms provided below. We will try to comply with your request as soon as reasonably practicable.

You may opt out of having your personal information used or disclosed for certain purposes.
· If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these emails be clicking “Unsubscribe” or “Update my Preferences” at the bottom of any marketing email you receive.

· If you continue to receive our communications in error after expressing an opt-out preference, please let us know so that we can investigate the situation.

· If you are under 18 and a registered user of the Services, you may request removal of content or information that you have publicly posted to the Services. To make such a request, please go email [email protected]. Please identify “privacy” in the description of your request and select “User Content Removal” as the option that best describes your type of inquiry. Please also provide your name, email address, and a detailed description of your content removal request in the designated spaces. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user. There may also be circumstances where the law does not allow removal of your content even if requested.

6. OTHER IMPORTANT INFORMATION

Changes in this Privacy Policy. We may amend this Privacy Policy at any time by posting the most recent version of the Policy on the Services, along with an indication of the date on which the Policy was amended most recently. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. If we make any material changes to this Privacy Policy in the way we collect, use, and/or share personal information through the Services in a manner that expand our rights to use the personal information we have already collected from you, we will notify you and provide you with a choice about our future use of that information.

Location of Data. The Services are hosted in and managed from the United States. If you are a user located outside the United States, you understand and consent to having any personal information (which may include information collected through the use of cookies and other technologies, as described above) processed in the United States or in any other country in which we have facilities or in which we engage service providers. United States and other countries’ data protection laws may not be the same as those in your jurisdiction. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in the United States may be entitled to access your personal information.

Data Retention. We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

Remember that even after you cancel your account, or if you ask us to delete your personal information, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services. Because of the nature of caching technology, your account may not be instantly inaccessible to others. We may also retain backup information related to your account on our servers for some time after cancellation or your request for deletion, for fraud detection or to comply with applicable law or our internal security or record-keeping policies. It may not always be possible to completely remove or delete all of your information due to technical constraints or, contractual, financial or legal requirements.

Third-Party Sites. If you click on or interact with a hyperlink or advertisement that you find on the Services, you may leave our Services or send information to a different website or application. Our Privacy Policy does not apply to your interactions with third-party websites or mobile apps, even if you find a link to them on or access them through our Services, and so you should read the privacy policy of the third-party provider to see how your personal information will be treated on its site. We have no control over such third-parties, their Internet sites, or their products or services.

Collection of Personal Financial Information by a Payment Service. In some cases, we may use an unaffiliated payment service to enable you to purchase a product or make payments on a third-party payment service provider website (“Payment Service”). If you wish to purchase a product or make a payment using a Payment Service, you will be directed to a page operated by that Payment Service. Any information that you provide to a Payment Service will be subject to the applicable Payment Service’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, any Payment Service’s use of information collected through any Payment Service.

7. THE GDPR AND ADDITIONAL INFORMATION FOR INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA (“EEA”)

If you are a resident of the European Economic Area (“EEA”) and the Services are targeted to you, please note:
· The EU General Data Protection Regulation (GDPR) is a new comprehensive data protection law that updates existing EU laws to strengthen the protection of “personal data” (any information relating to an identified or identifiable natural person, so called “data subjects”) in light of rapid technological developments, the increasingly global nature of business and more complex international flows of personal data. The GDPR replaces the current patchwork of national data protection laws with a single set of rules, directly enforceable in each EU member state. The GDPR takes effect on May 25, 2018. We may need to collect and process the types of Personal Information listed above in order to provide the Services to you or because we are legally required to do so. If you do not provide the information that we request, we may not be able to provide you with the Services. We may use the Personal Information for our legitimate business interests, including those listed above.

· We do not knowingly permit children in the EEA under age 16 to register for any content, product or Service. We do not knowingly collect, use or disclose personal information about users under age 16, except as permitted by law. In recognition of the need to provide additional privacy protections for children, we have a separate privacy policy that applies to those sites and apps that are directed to them.

· If you would like to receive an electronic copy of your Personal Information for purposes of transmitting it to another company, you may contact us at [email protected].

· Regarding the section entitled “Location of Data” in Section 6, above: Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards. The full list of these countries is available at http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by contacting [email protected] and providing your contact information.

· Regarding the section entitled “Data Retention” in Section 6, above: We keep your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you and provide the Services to you; (ii) as required by a legal obligation to which we are subject; or (iii) as advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations).

· You may contact us at [email protected] with any questions about this Privacy Policy.

· You may lodge a complaint with a supervisory authority competent for your country or region.

8. CONTACT US

If you have additional questions regarding this privacy policy, please contact us at:

Email: [email protected]
Or
Marlon Holden Fine Art Galleries
Attn: Business and Legal Affairs – Privacy
390 S. Coast Hwy.
Laguna Beach, Ca. 92651

The Marlon Holden Fine Art website located at www.marlonholden.com is a copyrighted work belonging to Marlon Holden Fine Art. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms.

These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of the Terms Of Use Generator and the Privacy Policy Template.

ACCESS TO THE SITE

SUBJECT TO THESE TERMS: Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

CERTAIN RESTRICTIONS: The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with or without notice to you.  You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

NO SUPPORT OR MAINTENANCE: You agree that Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

THIRD-PARTY LINKS & ADS; OTHER USERS

THIRD PARTY LINKS & ADS: The Site may contain links to third-party websites and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

OTHER USERS: Each Site user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

DISCLAIMERS

The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

LIMITATION ON LIABILITY

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages.  Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.  You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TERM & TERMINATION: Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

COPYRIGHT POLICY

Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• your physical or electronic signature;

• identification of the copyrighted work(s) that you claim to have been infringed;

• identification of the material on our services that you claim is infringing and that you request us to remove;

• sufficient information to permit us to locate such material;

• your address, telephone number, and e-mail address;

• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

GENERAL

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

APPLICABILITY OF ARBITRATION AGREEMENT: All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

NOTICE REQUIREMENT AND INFORMAL DISPUTE RESOLUTION: Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: 390 S. Coast Highway, Laguna Beach, CA 92651. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

ARBITRATION RULES: Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

ADDITIONAL RULES FOR NON-APPEARANCE BASED ARBITRATION: If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

TIME LIMITS: If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

AUTHORITY OF ARBITRATOR: If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

WAIVER OF CLASS OR CONSOLIDATED ACTIONS: All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

CONFIDENTIALITY: All aspects of the arbitration proceeding shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

SEVERABILITY: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

RIGHT TO WAIVE: Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

SURVIVAL OF AGREEMENT: This Arbitration Agreement will survive the termination of your relationship with Company.

SMALL CLAIMS COURT: Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

EMERGENCY EQUITABLE RELIEF: Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

CLAIMS NOT SUBJECT TO ARBITRATION: Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Orange County, California, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

ELECTRONIC COMMUNICATIONS: The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

ENTIRE TERMS: These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

YOUR PRIVACY: Please read our Privacy Policy.

COPYRIGHT/TRADEMARK INFORMATION: Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

CONTACT INFORMATION

Marlon Holden Fine Art, LLC

Address: 390 S. Coast Highway, Laguna Beach, CA 92651

Phone: (949) 715-3345

Email: [email protected]

ORDERS:

You are responsible for supplying all required information when submitting an order, including complete name, shipping and billing address (no P.O. Boxes), telephone number, valid e-mail address, and valid payment method. No responsibility is assumed for mis-delivery due to incorrect information supplied by a customer. Marlon Holden Fine Art reserves the right to refuse or cancel any order at any time, in which case the customer’s sole remedy is a refund of any payment(s) made for such order.

CHANGES:

It is not possible to change your order once it has been placed. The only exception is the delivery address, which can be changed if your order has not yet been shipped. To change the address for an unshipped order, please contact the marlonholden.com customer service via email at [email protected]

PAYMENT:

Payment for any order must be made in advance at the time the order is placed. You may pay for your order by credit card, or such other means as we may in future choose to accept. In the event of a stopped payment, disapproved charge or other failure to submit pre-payment, Marlon Holden Fine Art shall have the right to cancel the order or, if already shipped, to seek payment and hold customer responsible for any and all costs of collection, including but not limited to reasonable attorneys’ fees, as well as to charge interest at the rate of 1.5% per month (or the highest allowable rate by law if less than 1.5% per month) until payment is made.

COLOR MATCHING:

You acknowledge and understand that (a) colors as seen on a computer monitor may not look the same as the colors as they appear on our manufactured product, and (b) no guarantee is made that any image as seen online will necessarily match exactly the colors on the final product.

PERSONAL DATA:

All information submitted by you in connection with any order is governed by our Privacy Policy.

SALES TAX/ VAT TAX:

Applicable sales tax will be added to all orders submitted from California locations. All others submitted from other State, Sales and Use Tax should be paid by the Consumer, where required by law.

DELIVERY:

Delivery time depends on the shipping option you choose when ordering. Please allow at least 4-6 weeks for your Limited Edition purchases, plus the shipping time based on the shipping option you selected. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. If your print arrives damaged or broken, please contact us! We will happily replace it, but we’ll need a picture of the damage. Email us at [email protected]. Requests must be received within 24 hours of delivery, and must include a copy of the shipping receipt and photographic proof of the damage for us to review and make a determination whether damage in fact occurred during shipping. If we approve your request for a replacement, we will not charge you for the new print, but you will be responsible for the costs of returning the damaged print to us, plus the cost of shipping the new print to you.

RETURNS:

Shipping Problems/Damage
Notification of all shipping defects or damage must be made within 24 hours of delivery and accompanied by the shipping receipt and photographic proof of the damage for us to review and make a determination whether damage in fact occurred during shipping.

Exclusion from Returns
If your use of our site or services has been terminated for violation of these Terms of Sale or our Terms of Use, we may refuse to accept any returns from you.

GENERAL:

All orders and transactions also are subject to the marlonholden.com Terms of Use policy, including, but not limited to, the limitations on damages and exclusions of warranties set forth therein. The Terms of Use also include provisions for arbitration of disputes and other important terms you should review. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. No responsibility is assumed for any errors in listed prices or other information, all of which we reserve the right to correct. Orders are not final or binding until accepted by us. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. marlonholden.com is not responsible for any delay or failure in delivery due to causes beyond its control, including, but not limited to, acts of god, war, terrorism, embargo, quarantine, accidents, fire, explosion, flood, severe weather, epidemic, riots, civil disturbance, unavailability of labor or transportation or any other similar or dissimilar cause. You are responsible for the proper and safe handling of any prints or other products you order from us. To the extent allowed by law, marlonholden.com liability for any claim relating to any product purchased from us is the amount you paid for the product.