Privacy Policy | Terms & Conditions

Privacy Policy

Who We Are

I am Kimberly McGuiness, artist, and owner of kimberlymcguiness.com. A website, shop, classroom, and blog. About mixed media, digital art, home décor, and gifts. My website address is https:// kimberlymcguiness.com/.

This website does not share personal information with third parties. Nor do we store any information about your visit to this website. Other than to analyze and optimize your content and reading experience through the use of cookies and Google Analytics. You can turn off the use of cookies at any time by changing your specific browser settings.

Contact Forms

When you use our contact form, we collect your name and email address, and your information is only used to reply back to you.

Mailing Lists

We do collect your name and email address when you subscribe to our newsletter. This allows you to receive our monthly newsletter and updates. Also blog posts and any other special event invitations sent to you via email. When you sign up to receive newsletters in your email. Your name and email address are collected by our subscription service, Convert Kit, and stored on their platform. You can read more about their policies here.

What do we do with your data?

We only use your name and email address to send you our newsletter, events, promotions, and announcements. We do not sell, rent, loan, or pass along for free any of your information to third-party entities. You are able to opt-out at any time at the bottom of the newsletter under the preferences tab or unsubscribe tab.

Online Shop

The Online shop is hosted by Ecwid and you can read their Privacy Policy here. When you make a purchase through the online shop the information collected is for your purchase only. It is not used, sold, or distributed to anyone by Kimberly McGuiness Art & Design or https://kimberlymcguiness.com.

Updates to This Privacy Policy

We may update this privacy policy from time to time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email. If you have any questions about this privacy policy or your personal data, please feel free to contact us at any time at https://kimberlymcguiness.com


Terms & Conditions

IMPORTANT: Any work, designs, illustrations, and/or photography that appears within this websites pages and any content or Licensee unless otherwise stated or named (these items named “The Works”) are copyrighted by Kimberly McGuiness, also known as Kimberly McGuiness Art & Design and its partners. This prohibits the distribution without licensure, copyright transfer, or consent of Kimberly McGuiness, also known as Kimberly McGuiness Art & Design. For more information on what this means with regard to specific work seen on this website, please contact Kimberly McGuiness to request more information.

All creatives are published on or through https://kimberlymcguiness.com and are licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. Permissions beyond the scope of this license are listed below. Items featured on and sold through https://kimberlymcguiness.com and licensure with 3rd party vendors are handcrafted from start to finish. The allowable items are applicable to download or purchase through https://kimberlymcguiness.com is outlined below. The items sold by Kimberly McGuiness are available for personal use as well as personal business use, with some limitations.

You Can

· Use the resources including online classes in your work, in whole or in part.

· Modify purchased files for personal work such as a personal website, or a personal blog, as long as a hyperlink to the source is attached to the image.

· Share material directly from Kimberly McGuiness Art & Design with the understanding that the item must be referenced with a source link to the location from https://kimberlymcguiness.com.

You MAY NOT

· incorporate ANY of the resources from Kimberly McGuiness, Kimberly McGuiness Art & Design, https://kimberlymcguiness.com, to be part of any kind of digital download on your blogs or websites, or any other storage collection whether it is free or for sale.

· Use or resell any files (original or modified) for a stock or resource website.

· Re-sell re-distribute or re-package the resources as digital downloads or items for sale. The raw resources may not be uploaded to any other websites as resources for other designers.

· Use any of the files (original or modified) to design pre-made web templates or pre-made blog layouts that you may sell or give away.

· Re-sell re-distribute or re-package the resources from Kimberly McGuiness, Kimberly McGuiness Art & Design, or https://kimberlymcguiness.com, design Studio as clip art in a CD, book, or clip art kit.

· Sell the resources denoted as stock photos as digital or printed stock photography.

· Use other licensed work as noted on this website without permission from the owner.

·Use the items purchased through any of Kimberly McGuiness’ 3rd party shops, or studios, and credit yourself or another designer.

· Share a purchased file with others or in a class/teaching group. Purchased files are for your personal use only.

· Use the resources for any harmful, pornographic, political, or racist material.

IMPORTANT friendly reminder: Copying, altering, editing, displaying, or redistribution of any of these images publicly without permission is strictly prohibited. While you may be purchasing a piece of art or work without the artist’s signature, from https://kimberlymcguiness.com, or other shops, or sites that sell Kimberly McGuiness Art & Design or Kimberly McGuiness works, the copyright of the work does not transfer with a sale.

All rights as it pertains in and under the United States and International law will remain with the artist Kimberly McGuiness, Kimberly McGuiness Art & Design, https://kimberlymcguiness.com. By purchasing an individual piece of art or item in which the artwork is displayed, or printed, you, as an individual, are not purchasing the right to print, copy, or reproduce the image or work in any way without the artist’s written permission. To inquire about written permission and/or purchasing the copyrights to a piece please use the contact form.

Privacy Policy Third-Party Links

The Website may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practice and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement.

Privacy Policy | Terms & Conditions Third-Party Products and Services

Descriptions or images of, or references to, third-party products, services, or publications on the Website do not imply our endorsement of such products, services, and publications, and we are not responsible for, and disclaim any endorsement of, any such product, service, or publication.

Privacy Policy | Terms & Conditions Disclaimers

USERS USE THIS SITE AT THEIR OWN RISK. THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” WITHOUT WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED. ALL WARRANTIES, EXPRESS OR IMPLIED. INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND MERCHANTABILITY.

ANY WARRANTIES THAT MAY ARISE FROM THE COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE ARE CURRENT. AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Disclaimers continued

THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED. COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, AND SECURE. THAT ANY PROBLEMS WILL BE CORRECTED. THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES. OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE WEBSITE. EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.

Privacy Policy | Terms & Conditions Indemnification

You agree to fully indemnify, defend, and hold Kimberly McGuiness, Kimberly McGuiness Art & Design, https://kimberlymcguiness.com, our licensors, suppliers, agents, successors, and assigns. Our and their directors, officers, employees, consultants, and other representatives. Harmless from and against any claims. damages, losses, and costs (including reasonable attorneys’ fees).

And other expenses that arise directly or indirectly out of or from: (a) your breach of this agreement. Including but not limited to the acceptable use policy. (b) Any allegation that any materials you submit to us or transmit to the website. Infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party. (c) Your activities in connection with the website or other websites to which the website is linked. And/or (d) your negligence or willful misconduct. By using our website and the services and information offered on our website, you are agreeing to these terms and conditions.

Refund Policy for Online, Demos, Tutorials & Digital Downloads

Due to the nature of digital content offerings and instant access to paid classes, demos, tutorials, or any other printable digital downloads in the shop, ALL sales are final. No refunds will be given on digital products.

Creative Commons License https://creativecommons.org/licenses/by-nc/4.0/

Information in this policy is subject to change at any time without notice.

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