Skip to content

Privacy – Terms of Use

Privacy – Terms of Use

Update 4.1.2022

Privacy Policy, User Agreement and Terms of Use
R.Austin Art

If you don’t agree to the terms contained in this Privacy Policy, User Agreement and Terms of Use, you should immediately exit the site.

This Privacy Policy, User Agreement, and Terms of Use (hereinafter called the “Privacy Policy”) governs the site (hereinafter called the “Sites”) published by R.Austin Art. (hereinafter called “RAA”), its subsidiaries and/or affiliates that link to this Policy, which is binding on all those who access, visit and/or use any of the sites.

The Policy may be modified from time to time; the date of the most recent revisions will appear above so check back often. Continued access of the sites by you will constitute your acceptance of any changes or revisions to this policy. You will be required to acknowledge such acceptance, periodically.

General Rules

Any user of any of our Text-A-Link SMS texting feature (where available), agrees to use this feature for the purpose for which it was designed and intended, and agrees NOT to send any text messages that have not been requested and/ or approved by the recipient of said text messages. Sending unsolicited text messages to recipients is a violation of this Policy & Terms of Use and will result in the users account being blocked until any complaints from the unsolicited texting action are successfully resolved.

OUR CORE BELIEFS REGARDING USER PRIVACY AND DATA PROTECTION

  • User privacy and data protection are basic human rights
    • We have a responsibility of care to the businesses within our data system
    • Data is a liability, it should only be collected and processed when absolutely necessary
    • We will never sell, rent or otherwise distribute or make public your information
  • We will provide any legal representative or law enforcement agency with the information of the user if said information has been properly and legally requested.

RELEVANT LEGISLATION

Along with our business and internal computer systems, our Sites are designed to comply with the following international legislation with regards to data protection and user privacy:

UK Data Protection Act 1988 (DPA)
EU Data Protection Directive 1995 (DPD)
EU General Data Protection Regulation 2018 (GDPR)

We believe our Site is in compliance with the above legislation, all of which are stringent in nature, means that this site is likely compliant with the data protection and user privacy legislation set out by many other countries and territories as well. If you are unsure about whether our Sites are compliant with your own country of residences’ specific data protection and user privacy legislation you should not use the Site until you are satisfied that the Site is in compliance.

BUSINESS INFORMATION THAT THIS WEBSITE COLLECTS AND WHY WE COLLECT IT

This website collects and uses business/personal information for the following reasons:

Contact Forms and Email Links

Should you choose to contact us using any of the contact forms on any of our sites none of the data that you supply will be retained by us or by any third party. Email addresses are retained only for as reasonable to prevent duplicate registrations with the same email address. Such addresses are never shared with a third party.

SMS Activator

We use an SMS Activator (which DOES NOT send any text messages but is designed to activate the SMS function app of a smartphone or text enabled tablet in which it is used) to send a text messages from an account page to different recipients. The SMS Activator is built without phone-number capture. It is not possible for us to retain the phone numbers entered by a user of the activator.

Email newsletter

At this time, we do not publish an email newsletter nor any notification service from any of our site.

eShop/Store

Products orders through our e-store/store are processed through a shopping cart and checkout process provides and maintained by PayPal. Data regarding the completed purchase transactions by users are maintained by PayPal and not stored within our sites’ databases. Hard copies of transactions are maintained by us in physical form – off site – for extra security precautions.

Visit https://paypal.com to review their policy regarding transactions processes via their checkout services.

HOW WE STORE YOUR INFORMATION

No personal information is stored within our websites database. From forms, such as Registration Forms, Contact Forms, and Unique Name registration, retain only the submitted data is retained for business purposes. Ended account data IS NOT retained and is deleted within 72 business hours of the closing of an account.

ABOUT THIS WEBSITE’S SERVER

Our websites are hosted by InMotion web hosting services. Information regarding their services and policies may be found here (https://www.inmotionhosting.com/).

OUR THIRD-PARTY DATA PROCESSORS

We do not use third-party data processors.

SECURITY AND DATA BREACHES

The security of your information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security. Should there be any breach of your business data, we will inform you within 72 hours of learning about such breach. We strive to ensure your business information is protected at all times.

DATA CONTROLLER

The data controller of this website is: R. Austin Art, 3015 Woodsdale Blvd, Lincoln, Nebraska.

Privacy Information
Users must indicate at the time of registration/logon that they have read and consent to the information we collect for the purpose it is used. We DO NOT collect or use information from other sources.

Complaints regarding our use of business information.

Users of the Site may make an inquiry at any time regarding the existence of, use of, or deletion of their business information using our Contact Us message system.

Copyright Complaints:

If you have reason to believe that your information has been copied and/or is accessible on any of our Sites in any way constitutes infringement of your copyrighted rights, you may notify us by providing a document via first class, registered U.S. Mail and include the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii) Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;

(iv) Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLYON OR HAS RESIDED ON OUR SITES BEFORE SENDING THE NOTICE.

Copyright Agent:

Richard L. Austin, Esq.
3015 Woodsdale Blvd
Lincoln, Nebraska 68502-5053

Note: Only copyright complaints should be sent to this agent. No other communications will be accepted or responded to.

For communications on other matters, please contact us through the “Contact Us” form.

Indemnification:

You agree to indemnify, defend and hold harmless, R. Austin Art our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Sites.

Disclaimer of Warranty and Limitation of Liability:

CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES, SUCH AS OUR SERVICE PROVIDERS THAT PROVIDE SOCIAL, COMMUNITY AND PUBLIC DISCUSSION AREAS, PHOTO AND VIDEO GALLERIES, BULLETIN BOARDS, FORUMS, CHATS, BLOGS, AUCTIONS, SHOPPING, AND PERSONAL/JOB SEARCH AND OTHER CLASSIFIED ADS. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE

ACTS OR OMISSIONS OF SUCH THIRD PARTIES.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.

ARBITRATION NOTICE

YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Mobile Device Access

You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use the Sites via your mobile device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of mobile content (collectively, the “Mobile Participants”). We do not represent, warrant or guarantee that all portions of the content can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.

THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS.

Disputes and Jurisdiction:

  1. Austin Art is based in the United States in Lincoln, Nebraska. Those who choose to access, visit and/or use our Sites do so on their own initiative and are responsible for compliance with our Policy, if and to the extent local laws are applicable. We make no representation, warranty or guarantee that the content is available or appropriate, available, or legal in any particular geographic location.

In any dispute between us, your sole remedy is to stop using/accessing the Sites.

You agree that, regardless of where you access, visit and/or use the Site, all issues concerning the construction, validity, interpretation and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States, in the particular State where we are headquartered, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court located in the U.S. State where R. Austin Art is headquartered, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-convenient. Should there be a conflict between the laws of the U.S. State where R. Austin Art is headquartered, and any other laws, the conflict will be resolved in favor of the laws of such U.S. and State where R. Austin Art is headquartered. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) and shall not include any indirect, punitive, incidental and/or consequential damages.

If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.

General:

We reserve the right to publish, from time to time, additional rules that apply to certain portions of our Site. Such additional rules will be published and are hereby incorporated into the Agreement. Your continued access, visitation and/or use of the Sites constitutes your agreement to comply with these additional rules.

The rules, restrictions, limitations, terms and conditions that apply to the Service, whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the Service, including the release of updates, upgrades, new products and/or services, shall be subject to the terms and conditions of the

Agreement.

Any delay or failure by us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

COOKIE POLICY

Local Device Storage and other Tracking Technologies; Do Not Track (DNT):

We DO NOT place and/or store code or other types of information and/or devices (e.g., “cookies”) on your computer, mobile or other device (“Local Device Storage”).

Information Security and Notification:

In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we will seek to notify you if your use of the site is or was active for course registration. If notification is appropriate, we may notify you via your computer, mobile or other device.

Kids and Parents:

Our sites are not intended for use by children, especially those under age 16. No one under age 16 is allowed to register for the Service or provide any personally identifiable information or use our social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere. Minors between the ages of 13 and 17, inclusive, must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on this Service.

If your children disclose information about themselves in publicly accessible areas of the Service, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so.

If you’re worried about your children’s activities or their privacy on the Sites, we encourage you to contact our Privacy Policy Coordinator as described below.

Notice to California Users – Your Privacy Rights

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above in Section 2(B), if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact our Privacy Policy Coordinator as described below.

Data Protection Officer, Privacy Policy Coordinator, Opt-Out Requests and Other Privacy Questions:

If you have any other concerns or questions about any aspect of this policy, please feel free to contact our Privacy Policy Coordinator as follows:

Data Protection Officer and Privacy Policy Coordinator
Richard Austin

3015 Woodsdale Blvd
Lincoln, Nebraska 68502-5053

Make sure to include enough information for us to help you, including for example your name, contact information, and the specific website, mobile site, application, and/or other service you’re contacting us about.

Note: Only inquiries about this policy or your personal information should be sent to the Data Protection Officer and Privacy Policy Coordinator. No other communications will be accepted or responded to.

For communications on general matters, please contact us through the “Contact Us” form.

Don`t copy text!