Terms & Conditions

Last Updated Date: June 17 2022

 

This website is operated by Spirit and Arts/ Ruxandra Mocean (Ruxandra Mocean is a sub-brand of Spirit and Arts LLC and represents the sole author of all artworks published on this website).  Throughout the site, the terms “we”, “us” and “our” refer to Spirit and Arts LLC/ Ruxandra Mocean. Spirit and Arts LLC / Ruxandra Mocean offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Spirit and Arts LLC / Ruxandra Mocean provides a service for viewing and purchasing original works of art and commercially exploiting digital images of works of art through our website, accessible at www.ruxandramocean.com (the “Site”).  Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found below. These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Spirit and Arts LLC/ Ruxandra Mocean.

Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services. 

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY PURCHASING A WORK ON OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modifications to these Terms

Spirit and Arts LLC/ Ruxandra Mocean reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. We will update the “Last Updated Date” according to the latest update. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

Modifications to the Services

We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Works of Art (as defined below), Digital Works (as defined below), / Ruxandra Mocean Content (as defined below) from the Services at any time without notice to you.

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

Privacy

See Spirit and Arts LLC/ Ruxandra Mocean’s Privacy Policy at www.ruxandramocean.com/privacy for information and notices concerning Spirit and Arts LLC/ Ruxandra Mocean’s collection and use of your personal information.

Purchaser Terms and Conditions

Purchases of Original Works of Art

When you purchase any Original Work of Art through the Services, you are purchasing the work from Ruxandra Mocean. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. Spirit and Arts LLC/ Ruxandra Mocean and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Spirit and Arts LLC/ Ruxandra Mocean’s then-current Return Policy apply to any Original Works of Art that you purchase through the Services. When you purchase Original Works of Art via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.

Purchases of Printed Works

As a Member, you may purchase Printed Works that are listed by Spirit and Arts LLC on the Services. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), including VAT, if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, Spirit and Arts LLC/ Ruxandra Mocean and its third party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you. The terms and conditions of Spirit and Arts LLC/ Ruxandra Mocean’s then-current Return Policy apply to any Printed Works that you purchase through the Services. When you purchase Printed Works via Online Sales (other than via the Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels, which will be presented to you at the time of purchase.

Order Cancellations

Spirit and Arts LLC/ Ruxandra Mocean reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Services if Spirit and Arts LLC/ Ruxandra Mocean determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Spirit and Arts LLC/ Ruxandra Mocean cancels an order placed via the Services, Spirit and Arts LLC/ Ruxandra Mocean will send you an email confirmation of such cancellation and you will not be charged for your order.

Refunds

Spirit and Arts LLC/ Ruxandra Mocean has a no refunds policy. We take full responsibility of providing all necessary information prior to any purchase. Once the artwork is purchased and shipped, it cannot be returned and the money will not be refunded.

Shipping

Spirit and Arts LLC/ Ruxandra Mocean uses third parties for shipment. Costs will depend on the location of the buyer. Spirit and Arts/ Ruxandra Mocean cannot be held liable of any damages occurred as a result of poor handling from the shipping company and any claims have to be taken forward to the respective third party.

Terms for Purchasers 

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in UAE Dirham and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). 

As a purchaser, you acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

 

Color

You understand and agree that Spirit and Arts LLC/ Ruxandra Mocean uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, Spirit and Arts LLC/ Ruxandra Mocean is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.

General Prohibitions

You agree not to do any of the following:

• Use, display, mirror or frame the Services, or any individual element within the Services, Spirit and Arts LLC/ Ruxandra Mocean’s name, any Spirit and Arts LLC/ Ruxandra Mocean trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Spirit and Arts LLC/ Ruxandra Mocean’s express written consent; 
• Access, tamper with, or use non-public areas of the Services, Spirit and Arts LLC/ Ruxandra Mocean’s computer systems or network, or the technical delivery systems of Spirit and Arts LLC/ Ruxandra Mocean’s providers; 
• Attempt to probe, scan or test the vulnerability of any Spirit and Arts LLC/ Ruxandra Mocean system or network or breach any security or authentication measures; 
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Spirit and Arts LLC/ Ruxandra Mocean or any of Spirit and Arts LLC/ Ruxandra Mocean’s providers or any other third party (including another user) to protect Services, Spirit and Arts LLC/ Ruxandra Mocean Content or Member Content; 
• Attempt to access or search Services, Spirit and Arts LLC/ Ruxandra Mocean Content or Member Content or download Spirit and Arts LLC/ Ruxandra Mocean Content or Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Spirit and Arts LLC/ Ruxandra Mocean or other generally available third party web browsers; 
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; 
• Use any meta tags or other hidden text or metadata utilizing a Spirit and Arts LLC/ Ruxandra Mocean trademark, logo URL or product name without Spirit and Arts LLC/ Ruxandra Mocean’s express written consent; 
• Use Services, Spirit and Arts LLC/ Ruxandra Mocean Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms; 
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, Spirit and Arts LLC/ Ruxandra Mocean Content or Member Content to send altered, deceptive or false source-identifying information; 
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Spirit and Arts LLC/ Ruxandra Mocean Content or Member Content; 
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing

Spirit and Arts LLC/ Ruxandra Mocean will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Spirit and Arts LLC/ Ruxandra Mocean may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

• In addition to the agreed upon price, additional costs such as shipping, customs/duties, and Taxes including VAT may be applied thereafter. All such costs will be clearly communicated to buyers before collecting payment.
• Once you have confirmed you would like to proceed, you will need to provide your payment information before we process your purchase.
• If your offer is declined by the owner of the artwork, you agree that a curator may contact you to let you know and to help find similar works or facilitate a commission by the same artist.
• You cannot apply any promotional discounts to your offer.

Spirit and Arts LLC/ Ruxandra Mocean’s Intellectual Property

The Services and Spirit and Arts LLC/ Ruxandra Mocean Content, including all artwork published, are protected by copyright, trademark and other laws of the United Arab Emirates and all countries adhering to the Berne Convention. Spirit and Arts LLC/ Ruxandra Mocean exclusively own all rights, titles and interest in and to the Services and Spirit and Arts LLC/ Ruxandra Mocean Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Spirit and Arts LLC/ Ruxandra Mocean Content.

Copyright Policy

Spirit and Arts LLC/ Ruxandra Mocean respects copyright law and expects its users to do the same. It is Spirit and Arts LLC/ Ruxandra Mocean’s policy to take appropriate legal action against whoever infringes or is believed to be repeatedly infringing the rights of copyright holders. 

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Spirit and Arts LLC/ Ruxandra Mocean is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Spirit and Arts LLC/ Ruxandra Mocean of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Mobile Services and Applications

“Mobile Services” means certain software and services that are available via a mobile device, including: (i) the ability to upload data to the Services via a mobile device; (ii) the ability to use the Services from a mobile device; and (iii) the ability to access certain features through a Mobile Application downloaded from the Services and installed on a mobile device.

Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding Spirit and Arts LLC/ Ruxandra Mocean and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.

Fees

Spirit and Arts LLC/ Ruxandra Mocean reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.

Payments

If you wish to purchase an Original Work of Art or Printed Work, or any other product or service via the Services, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

Indemnity

You agree to defend, indemnify, and hold Spirit and Arts LLC/ Ruxandra Mocean, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, Spirit and Arts LLC/ Ruxandra Mocean Content or Member Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Spirit and Arts LLC/ Ruxandra Mocean Content remains with you. Neither Spirit and Arts LLC/ Ruxandra Mocean nor any other party involved in creating, producing, or delivering the Services, Spirit and Arts LLC/ Ruxandra Mocean Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Spirit and Arts LLC/ Ruxandra Mocean Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Spirit and Arts LLC/ Ruxandra Mocean has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Spirit and Arts LLC/ Ruxandra Mocean used herein are trademarks or registered trademarks of Spirit and Arts LLC/ Ruxandra Mocean or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

RESOLUTION OF DISPUTES

Governing Law and Jurisdiction

These Terms will be governed by the laws of the United Arab Emirates without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Dubai, United Arab Emirates.

Informal Resolution

It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at contact@ruxandramocean.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.

>Limitation of Actions

You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

Users from Other Jurisdictions

The Services are controlled and operated by Spirit and Arts LLC/ Ruxandra Mocean from the United Arab Emirates. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. You also are subject to United Arab Emirates export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United Arab Emirates embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Spirit and Arts LLC/ Ruxandra Mocean and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Spirit and Arts LLC/ Ruxandra Mocean and you regarding the Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Spirit and Arts LLC/ Ruxandra Mocean’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Spirit and Arts LLC/ Ruxandra Mocean may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Spirit and Arts LLC/ Ruxandra Mocean via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Spirit and Arts LLC/ Ruxandra Mocean to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Spirit and Arts LLC/ Ruxandra Mocean. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Spirit and Arts LLC/ Ruxandra Mocean

If you have any questions about these Terms, please contact Spirit and Arts LLC/ Ruxandra Mocean at contact@ruxandramocean.com.

 

Our Privacy Policy

Last Updated: June 17, 2022

This privacy policy (“Privacy Policy”) describes how information and data is collected from you when you use this online website, mobile website, digital service, or any related products, services, sites, features or functionality (each a “Service”, collectively the “Services”) that link to this Privacy Policy, and how Spirit and Arts LLC., including its subsidiaries. (“Spirit and Arts LLC”, “we”, “us”, or “our”), uses, shares and manages your information and data. By using any of the Services, you consent to the collection, use, processing, and sharing of your information as described in this Privacy Policy.

1. Our Privacy Principles

We are committed to recognizing and respecting your privacy rights by keeping you informed and processing and protecting your personal data in compliance with applicable data protection laws and regulations (“Data Protection Laws”).

If you are located outside of the United Arab Emirates and you choose to use the Services or provide your information to us, your data may be transferred to, processed and maintained on servers, databases or cloud storage facilities located in the United Arab Emirates. Your use of the Services represents your consent and agreement to these practices. If you do not want your data transferred to or processed or maintained in the United Arab Emirates, you should not use the Services.

2. Information that We Collect from You

Account Data You Directly and Voluntarily Provide to Us. We may collect and process some or all of the following information you make available to us if you register, download or use the Services, such as your:

• Name
• Email Address
• Mailing Address
• Phone Number
• Interests
• User Name
• Password
• Other Registration Information
• Customer Support or Technical Information you provide when you contact us with questions about your use of the Services
• Details of transactions you carry out through the Services, your purchases, and the fulfilment of orders we provide to you
• Other information you may provide to us through promotions or surveys

Usage Data We Automatically Collect from You. In addition to the information you provide to us, the Services may collect and process additional data automatically, this data may include your:

• Device Registration Data(for example, the type of mobile device you use, your mobile device’s unique device or advertising ID, IP address, operating system and browser type)
• Device Settings(for example, your language preference)
• Mobile Carrier
• Information about how you use the Services(for example, how many times you use the Services each day)
• Requested and Referring URLs
• Location Data collected through your Device(including, for example, precise location data such as GPS and WiFi information)
• Information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, weblogs and other communication data, and the resources that you access

3. How We Use Your Information

Providing the Services, Improving the Services, Providing Support, and Communicating With You. We and our service providers may use the data you provide or that is collected through the Services to operate and improve the Services, our other sites, applications, products and services, to contact you from time to time to provide you with important information and notices relating to the Services, and to carry out obligations arising from any agreements between you and us.

Legal Bases: contract performance, legitimate interests (to correspond with you, to enable us to provide you with the Services and to improve the Services)

Providing Marketing and Promotion Materials. We and our service providers may use the data you provide or that is collected through the Services to provide you with updates, offers, and promotions, where you have chosen to receive these. We may also use your information for marketing our own and our selected business partners’ products and services to you by email and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. If you wish to unsubscribe from receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can unsubscribe from receiving further marketing communications from us.

Advertising and Third-Party Content and Links. The Services may be supported through advertising, and we may work with advertisers and advertising networks to provide advertising through the Services. We may provide these advertisers and advertising networks with the ability to collect data about how you interact with the Services and, if applicable, your mobile device. This data may include the unique device or advertising identifier associated with your device and your precise location data, in order to help analyze and serve targeted advertising on the Services and elsewhere (including third-party sites and applications). These advertisers, advertising networks, and other third parties may use cookies, pixels, and web beacons to track the actions of users online over time and across different websites or platforms in order to deliver targeted electronic advertisements to an individual user. We do not have access to or control over cookies, pixels or web beacons that third-party partners may use.

In addition, the Services may include third-party content and links to other third-party websites. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites that you visit.

If you access the Services through a browser, your browser may allow you to adjust your browser settings so that “Do Not Track” requests are sent to the websites that you visit. However, we will not disable tracking technology that may be active on the Services in response to any Do Not Track requests that we receive from your browser. You can change your privacy preferences regarding the use of cookies and other similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require our consent before a cookie is placed in your browser, or block all cookies. Blocking all cookies will affect your online experience and may prevent you from enjoying the full features offered through the Services.

You may opt-out of the collection, use, and transfer of precise location data for location-based advertising purposes, by using the location services controls in your mobile device’s settings.

Legal Bases: consent, legitimate interest where consent is not required (to enable us to provide you with an experience related to your interests)

Analytics Services. We may also work with third-party analytics companies to help us understand how the Services are being used, such as data collection, reporting, ad response measurement, website and mobile application analytics, and to assist with the delivery of relevant marketing messages and advertisements.

We may use Google Analytics, an analytics service provided by Google or other third-party analytics services providers (“Analytics Services”) to collect information about your use of the Services. These Analytics Services may collect information about the content you view and your system information and geographic information. The information generated by the Analytics Services about your use of the Services will be transmitted to and stored by the Analytics Services. The information collected by the Analytics Services allows us to analyze your use of the Services.

We encourage you to review your device and Services settings to ensure they are consistent with your preferences, including with respect to the collection and use of information. You may be able to stop further collection of certain data by the Services by updating your applicable device settings, or you may uninstall the Services. In addition, you may choose not to share your location details by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider/carrier or device manufacturer.

Legal Bases: legitimate interest where consent is not required (to enable us to provide you with an experience relevant to your interests)

Purchases and Payment Processors. If you make a purchase through the Services, you may be able to pay using a third-party payment service, such as Stripe, PayPal, Apple Pay, Amazon Pay or other third-party payment services. All information collected by these third-party payment services for purposes of processing your payments is not available to us unless you have otherwise provided this information to us in connection with your use of the Services. Information collected from you by these third-party payment services is governed by the applicable third-party payment service’s privacy policy. You should review the applicable privacy policy prior to submitting any information to the applicable third-party payment service.

Legal Bases: consent, legitimate interests (to enable us to perform our obligations and provide the Services to you); contract performance

Promotions, Sweepstakes, and Contests. From time to time, we may host a promotion, sweepstakes, or content on the Services. You may be asked to provide personal information or permit the transfer of your personal information to a third party in connection with such promotion, sweepstakes or content. The parties whose privacy policy applies will be disclosed at the point of collection or transfer and you will have a choice of whether or not you wish to permit such transfer or collection of information to a third party.

If you wish to unsubscribe from receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can unsubscribe from receiving further marketing communications from us. If you are a registered user you may also be able to adjust your email settings by logging in to your account and adjusting your account settings.

Legal Bases: consent, legitimate interests where consent is not required (to keep you updated with news in relation to our products and services)

4. How Your Information is Shared with Third Parties

We may share the information you provide or that we collect in some circumstances as follows:

With Advertisers. We may share your information with advertisers, third-party advertising networks and analytics companies who may use it to deliver targeted advertisements to you on the Services or third-party websites or advertisers. Similarly, these advertisers may share information with us about you that they have independently gathered or acquired. We may also share encrypted versions of information we have collected in order to enable our advertising partners to perform data analysis or for advertising-related use.

With Our Company Affiliates. We may share your information with members of the Spirit and Arts LLC corporate family in order to provide joint content and services (like registration, transactions and customer support), or to improve your experience with the Services, products and other services.

With Our Partner Programs. If you are directed to the Services through a third party, we may share certain information back with that third party, which may include information such as name, email and value of purchase depending on the type of relationship or Services utilized.

For Marketing Campaigns. From time to time we may disclose certain information (name, mailing address and non-sensitive transactional information such as your purchase history, amounts paid and products ordered) to marketing companies for trade or rental purposes. If you prefer to opt out of the use of your personal information by marketing companies for trade or rental purposes, please let us know at contact@ruxandramocean.com.

With Our Service Providers. We may share your information with our service providers who work on our behalf. For example, these service providers may handle payment or credit card processing, data management, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. These service providers will only have access to the information needed to perform these limited functions on our behalf.

Social Media and Sharing. The Services may use social networking or “share functionality” or may contain links to third-party social media sites or applications that are not owned or controlled by us. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Services. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature.

We have no control over and assume no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site or application. We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the information that may be collected, used, and shared by those sites. You are subject to the policies of those third parties when and where applicable.

As Required By Law or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties, including national security or law enforcement agencies, if required to do so by law, or if requested in response to a subpoena or court order, we believe in our sole and absolute discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large, or we believe that you have abused the Services by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Use. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

Business Transfers or Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sales of all or a portion of our assets or any business, any user information owned or controlled by us may be one of the assets transferred to third parties in such transaction or event. We reserve the right, as part of this type of transaction or event, to transfer or assign your information and other information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity or acquirer, as applicable.

5. The Privacy of Children

The Services are not intended for children under the age of 16. We do not knowingly collect or distribute personal information from or about children under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at contact@ruxandramocean.com.