Megan Dunagan • Artist
whimsical & textured illustrations
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Terms & Privacy | Megan Dunagan

Terms and Privacy

TERMS OF USE

Agreement between user and http://www.megandunagan.com

Welcome to http://www.megandunagan.com. The http://www.megandunagan.com website (the "Site") is comprised of various web pages operated by Megan Dunagan http://www.megandunagan.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.megandunagan.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

http://www.megandunagan.com is a E-commerce and Portfolio site.

Megan Dunagan sells art prints, greeting cards, and various other small products, as well as classes and tutorials.

Privacy

Your use of http://www.megandunagan.com is subject to Megan Dunagan's Privacy Policy. Please review my Privacy Policy, which also governs the Site and informs users of my data collection practices.

Electronic Communications

Visiting http://www.megandunagan.com or sending emails to Megan Dunagan constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Megan Dunagan does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.megandunagan.com only with permission of a parent or guardian.

Cancellation/Refund Policy

If there is an issue with your order, please contact me (hello@megandunagan.com) as soon as possible and I will do my best to address it. I am happy to help you! I do not offer refunds on custom orders but I do offer a 100% guarantee that the product will arrive in perfect condition and as described or I will replace the artwork. FINE PRINT: Be sure to read the product descriptions fully *before* ordering. There may be special characteristics of item that will be addressed.

If you purchased a class, completed any and all associated worksheets AND if you feel that implementing what you learned in the class didn't help you, you can email me within 60 days of purchase for a full refund.

Links to third party sites/Third party services

http://www.megandunagan.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Megan Dunagan and Megan Dunagan is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Megan Dunagan is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Megan Dunagan of the site or any association with its operators.

Certain services made available via http://www.megandunagan.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.megandunagan.com domain, you hereby acknowledge and consent that Megan Dunagan may share such information and data with any third party with whom Megan Dunagan has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.megandunagan.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.megandunagan.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Megan Dunagan that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Megan Dunagan or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Megan Dunagan content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Megan Dunagan and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Megan Dunagan or my licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Megan Dunagan from my office within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Megan Dunagan Content accessed through http://www.megandunagan.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Megan Dunagan, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Megan Dunagan reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Megan Dunagan in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MEGAN DUNAGAN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MEGAN DUNAGAN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MEGAN DUNAGAN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEGAN DUNAGAN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEGAN DUNAGAN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Megan Dunagan reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Megan Dunagan as a result of this agreement or use of the Site. Megan Dunagan's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Megan Dunagan's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Megan Dunagan with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Megan Dunagan with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Megan Dunagan with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Megan Dunagan reserves the right, in its sole discretion, to change the Terms under which http://www.megandunagan.com is offered. The most current version of the Terms will supersede all previous versions. Megan Dunagan encourages you to periodically review the Terms to stay informed of my updates.

Contact Me

Megan Dunagan welcomes your questions or comments regarding the Terms:

Megan Dunagan
P.O. Box 4854
Orange, California 92863
hello@megandunagan.com
www.megandunagan.com

Effective as of April 15, 2016

 

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PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally identifiable information' (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read my privacy policy carefully to get a clear understanding of how I collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with this website.

What personal information do I collect from the people that visit this blog, website or app?

When ordering or registering on my site, as appropriate, you may be asked to enter your email address, How you found me or other details to help you with your experience.

When do I collect information?

I collect information from you when you place an order, subscribe to a newsletter, fill out a form or enter information on my site.

How do I use your information?

I may use the information I collect from you when you register, make a purchase, sign up for my newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

     To allow me to better service you in responding to your customer service requests.

     To administer a contest, promotion, survey or other site feature.

How do I protect visitor information?

My website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to my site as safe as possible.I use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

I implement a variety of security measures when a user places an order to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on my servers.

Do I use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, I use cookies to help me remember and process the items in your shopping cart. They are also used to help me understand your preferences based on previous or current site activity, which enables me to provide you with improved services. I also use cookies to help me compile aggregate data about site traffic and site interaction so that I can offer better site experiences and tools in the future.

I use cookies to:

     Help remember and process the items in the shopping cart.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

If you disable cookies off, some features will be disabled It won't affect the user's experience that make your site experience more efficient and some of my services will not function properly.

However, you can still place orders .

Third-party disclosure

I do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

Third-party links

Occasionally, at my discretion, I may include or offer third-party products or services on my website. These third-party sites have separate and independent privacy policies. I therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, I seek to protect the integrity of my site and welcome any feedback about these sites.

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/ansIr/1316548?hl=en

I use Google AdSense Advertising on this website.

Google, as a third-party vendor, uses cookies to serve ads on my site. Google's use of the DART cookie enables it to serve ads to my users based on previous visits to my site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

I have implemented the following:

     Google Display Network Impression Reporting

     Demographics and Interests Reporting

I along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to my website.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA I agree to the following:

Users can visit my site anonymously.

Once this privacy policy is created, I will add a link to it on my home page or as a minimum on the first significant page after entering my website.

My Privacy Policy link includes the word 'Privacy' and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:

     On my Privacy Policy Page

Users are able to change their personal information:

     By emailing me

How does this site handle do not track signals?

I honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does this site allow third-party behavioral tracking?

Yes, it's important to note that I allow third-party behavioral tracking.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

I do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices I will take the following responsive action, should a data breach occur:

I will notify the users via email

     Within 7 business days

I also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

I collect your email address in order to send you an opt-in newsletter.

To be in accordance with CANSPAM I agree to the following:

If at any time you would like to unsubscribe from receiving future emails, you can email me at hello@megandunagan.com and I will promptly remove you from ALL correspondence.

Contacting Me

If there are any questions regarding this privacy policy you may contact me using the information below.

Megan Nicole Designs
P.O. Box 4854
Orange, California 92863
hello@megandunagan.com
www.megandunagan.com

 

Effective as of April 15, 2016