PRIVACY POLICY

Our Privacy Policy was last updated and posted on May 14, 2021. It governs the privacy terms of our Website, located at http://www.bloomingingrace.co, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Blooming In Grace. Any capitalized terms not defined in our Privacy Policy, have the meaning as specified in our Terms of Service.

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. We use your Personal Information only for providing and improving the website. By using the website, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at http://www.bloomingingrace.co. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.

Your Privacy
Blooming In Grace follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. We utilize the Personal Data you offer in a way that is consistent with this Personal privacy Policy. If you provide Personal Data for a particular reason, we could make use of the Personal Data in connection with the reason for which it was provided. For example, registration info sent when developing your account, might be used to suggest products to you based on past acquisitions. We might use your Personal Data to offer access to services on the Website and monitor your use of such services. Blooming In Grace may also utilize your Personal Data and various other personally non-identifiable info gathered through the Website to assist us with improving the material and functionality of the Website, to much better comprehend our users, and to improve our services. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below.

Definitions
"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others.

"Personally Identifiable Information" is non-public information that is personally identifiable to you and obtained in order for us to provide you our Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.

Information We Collect
Generally, you control the amount and type of information you provide to us when using our Website.

As a Visitor, you can browse our website to find out more about our Website. You are not required to provide us with any Personally Identifiable Information as a Visitor.

Computer Information Collected
When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered Non Personal Information. We also collect the following:

Cookies
Our Website uses "Cookies" to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Identifiable Information in Cookies.
Geographical Information
When you use the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display information with relevant data or advertisements. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.
Automatic Information
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you're headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.
Log Data
Like many Website operators, we collect information that your browser sends whenever you visit our Website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Under the Child's Online Privacy Security Act, no Website operator can require, as a condition to involvement in an activity, that a child younger than 13 years of age divulge more details than is reasonably required. Blooming In Grace abides by this demand. Blooming In Grace just collects information willingly offered; no information is gathered passively. children under 13 can submit only their email address when sending us an email in our "Contact Us" area. Blooming In Grace makes use of the email address to respond to a one-time demand from a child under 13 and afterwards deletes the email address. In case Blooming In Grace collects and maintains personal information relating to a child under 13, the parent may send out an email to us to review, alter and/or erase such info as well as to decline to enable any additional collection or use of the child's information.

How We Use Your Information
We use the information we receive from you as follows:

Customizing Our Website
We may use the Personally Identifiable information you provide to us along with any computer information we receive to customize our Website.
Sharing Information with Affiliates and Other Third Parties
We do not sell, rent, or otherwise provide your Personally Identifiable Information to third parties for marketing purposes. We may provide your Personally Identifiable Information to affiliates that provide services to us with regards to our Website (i.e. payment processors, Website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.
Data Aggregation
We retain the right to collect and use any Non Personal Information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your Personally Identifiable Information included in such data aggregations.
Legally Required Releases of Information
We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of Blooming In Grace, our Users, employees, and affiliates.

Opt-Out
We offer you the chance to "opt-out" from having your personally identifiable information used for particular functions, when we ask you for this detail. When you register for the website, if you do not want to receive any additional material or notifications from us, you can show your preference on our registration form.

Links to Other Websites
Our Website may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You access such linked Websites at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information. In addition, these websites may contain a link to Websites of our affiliates. The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.

Security
The security of your Personal 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 Personal Information, we cannot guarantee its absolute security. We utilize practical protection measures to safeguard against the loss, abuse, and modification of the individual Data under our control. Personal Data is kept in a secured database and always sent out by means of an encrypted SSL method when supported by your web browser. No Web or email transmission is ever totally protected or mistake cost-free. For example, email sent out to or from the Website may not be protected. You must take unique care in deciding what info you send to us by means of email.

Privacy Policy Updates
We reserve the right to modify this Privacy Policy at any time. You should review this Privacy Policy frequently. If we make material changes to this policy, we may notify you on our Website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the "Last Updated" date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.

Questions About Our Privacy Practices or This Privacy Policy
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. If you have any questions about our Privacy Practices or this Policy, please contact us.

LICENSE TO USE THE PRINTS

All Prints available through the site are owned or controlled by us and are protected by intellectual property rights.

Any use of Prints purchased through the site is subject to these Terms and Conditions of Sale. Upon payment of the price for any Digital Print, we grant you a non-exclusive, non-transferable license to use the Digital Print consistent with these terms.

You agree that you will use Digital Prints for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or transfer any Digital Prints to anyone else. Nothing in these Terms grants to you any rights other than those expressly set out herein. These Terms do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Print.

We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these Terms and to prevent your unauthorized use of this site and/or our Prints.

Digital Prints are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. You must adhere to any and all usage restrictions that apply to the Digital Prints as set out in these Terms.

Under the terms of your license to use the Digital Print, you may create physical printed copies of the same Digital Print up to five (5) times over a one (1) year period. Should you wish to exceed this limit, please email blomingingracellc@gmail.com and we will be able to assist you further.

To prevent unauthorized use, Digital Prints may carry a digital watermark or other security technology that will not appear on physical copies of the Digital Prints but which would allow us to identify the origin of the Digital Print and track any subsequent unauthorized transfer. You agree to not attempt to remove any such watermark or circumvent such security technology in any way.

Our store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Print products to you.

SECTION 1 – REPRESENTATIONS REGARDING YOUR USE OF THE SERVICES

By placing an order for Prints through our site, you represent that: (i) you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site; (ii) you are legally capable of entering into binding contracts; (iii) you will not copy, distribute or share the Prints other than as allowed under these Terms; and (iv) you will not use our products for any illegal or unauthorized purpose or, in the use of these Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 – PERSONAL INFORMATION

You do need to register with our site or with Shopify to place an order for a Print; however, you will be required to provide certain information including certain personal and payment/billing details so that we can process your order. You agree that we may store, process and use personal data collected from you solely for the purposes of processing/fulfilling your order. We work with third parties that help us provide the Prints to you, including electronic fulfillment, credit card payment and collection companies, and they will also have access to your personal data to the extent necessary to help us process/fulfill your order.

You agree to provide us with truthful, complete and accurate details. You further agree to provide us with your details only. You should keep any Shopify account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your Shopify account details have been compromised. You are responsible for all orders placed/activity undertaken using your Shopify account details.

SECTION 3 – LICENSE TO USE THE PRINTS

All Prints available through the site are owned or controlled by us and are protected by intellectual property rights.

Under the terms of your license to use the Digital Print, you may create physical printed copies of the same Digital Print up to five (5) times over a one (1) year period. Should you wish to exceed this limit, please email bloomingingracellc@gmail.com and we will be able to assist you further.

SECTION 4 – REQUIREMENTS TO ACCESS THE DIGITAL PRINT SERVICES

In order to access and download Digital Prints you will need:

Internet access; and
A personal desktop computer or mobile device capable of opening the Digital Prints, which will be delivered as JPEG files.

You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Prints functions correctly with this site.

You acknowledge that due to industry/technology developments, the nature of the Digital Prints offered (including format of files, operating systems, downloading software, etc.) and the system requirements may change from time to time. We will use commercially reasonable efforts to update our site with information relating to system requirements.

SECTION 5 – AVAILABILITY AND DELIVERY OF PRINTS

All Prints featured on our site are subject to availability. We reserve the right to change or remove a Print or other content on the site at any time without notice or liability to you or to any third party. For example, we may have obtained rights from third parties to make the Print available and, in the event we lose these rights, we may need to remove the Print from the site and make it unavailable for purchase.

We reserve the right, but are not obligated, to limit the sales of our Prints to any person, geographic region or jurisdiction or to reject any order we receive. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Prints that we offer. All descriptions of Prints or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Print offering at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 6 – PRICING AND PAYMENT FLOW

We will determine in our discretion from time to time whether and which Prints are to be made available, on payment by you of the relevant price or in return for some other consideration (for example by signing up to our mailing list). Some Prints may be limited to certain sizes or may only be purchasable as either a Digital Print or Physical Print. Prices for Prints are liable to change at any time without notice, but changes will not affect orders in respect of which we have already taken payment and made the download available.

The price of any Print will be as quoted on this site at the then current time, except in the case of obvious error. We will not accept any offers for Prints other than at the then-current price. Prints may be purchased individually or purchased as part of a larger order. We reserve the right to make certain Prints available only as part of a larger product offering.

We use our best efforts to ensure the prices of Prints displayed on our site are correct. However, our site contains a large number of Prints and it is always possible that, despite our best efforts, some of the Prints listed on our site may be incorrectly priced. If a Print’s correct price is higher than the price stated on our site at the time you place your order and we have not yet taken payment and made the Print available for download in the case of Digital Prints, or otherwise fulfilled a Physical Print order, we will normally, at our discretion, either contact you for instructions before making the Digital Print available for download or fulfilling the Physical Print order (i.e., to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.

We are under no obligation to provide the Print to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake. We reserve the right to withdraw from any contract for Prints in the case of obvious and unmistakable pricing errors.

Note that, if you are downloading a Digital Print to a mobile device, some network/service providers may charge you an additional amount for this service. We recommend you contact your network/service provider to understand the nature and extent of any additional charges before electing to the download of a Digital Print to a mobile device. Note that overseas roaming charges may also apply.

SECTION 7 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Print product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the Prints and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.

All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment, we will contact you to discuss the next steps.

SECTION 9 – CANCELLATIONS AND RETURNS

You may not cancel an order by you for any download of a Digital Print once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.

We take great care in providing our Prints. In the unlikely event of faults with, or damage to, the Physical Prints, or if you have received a faulty or incomplete Digital Print, please contact us at bloomingingracellc@gmail.com. We will repair or replace any such faulty or damaged Print if possible or, if there are continuing issues with the Print, we may issue you a refund. You must notify us within a reasonable period of time of download of the Digital Print or receipt of the Physical Print of any defects in or damage to the Print. If you fail to notify us within a reasonable time, we will have no liability to you. Notwithstanding the foregoing, you understand that your exclusive remedy and our sole obligation for a defective Print shall be that we will provide a replacement copy of a defective Print or repair or replace the same.

Please note that we cannot guarantee that the quality or design of any Print purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section. We have made every effort to display as accurately as possible the colors and images of our Prints. We cannot guarantee that your computer monitor's display of any color will be accurate.

SECTION 10 – OPTIONAL TOOLS

In connection with our provision of the Services, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 11 – THIRD-PARTY MATERIALS AND WEBSITES

Certain content, products and services available via our site may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 12 – USER GENERATED CONTENT

Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content (collectively “User Content”) that you (i) submit or post on any Blooming In Grace Co. website, on any of our blogs, social media accounts or through any tools or applications we may provide now or in the future for posting or sharing such content with us; or (ii) post or upload to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, that identify or are associated with Blooming In Grace Co. and/or any Prints, including without limitation any social media posts that you have tagged with @bloomingingraceco, #bloomingingracecoprints or any other Blooming In Grace Co. brand hashtags, shall be deemed nonconfidential and nonproprietary. By submitting or posting any such User Content, you grant to Blooming In Grace Co. and its affiliates an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, non-exclusive, worldwide, sublicensable, transferable, worldwide license to copy, reproduce, publish, distribute, display, transmit, broadcast, host, translate, modify, reformat, create derivative works from, combine with other materials, alter, edit, archive, store, cache, use or otherwise exploit all or any portion of the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in Blooming In Grace Co. sole discretion, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to on its webpages, social media accounts, emails, newsletters, printed and electronic marketing materials, and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice or other obligation to you. You further grant Blooming In Grace Co. the right to use your social media account handle, username, real name, profile picture, image, likeness, caption, location or other identifying information included in or associated with any User Content.

You hereby represent and warrant that (i) you own or control any and all rights in and to your User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; (iv) Blooming In Grace Co.’s use of your User Content as described herein will not violate the rights of any third party or any law; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) include anyone’s identification documents, contact information or sensitive financial information or (e) contain computer viruses, worms or other harmful files. You hereby release, discharge and agree to hold Blooming In Grace’s, its officers and employees, and any person acting on Blooming In Grace’s behalf harmless from any liability related in any way to the

Blooming In Grace’s use of your User Content. You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content.

SECTION 13 – VIOLATION OF THESE TERMS OF USE

If you are in breach of, or we suspect you are in breach of, these Terms, then we may take any/all of the following actions:

issue a warning to you;
immediate, temporary or permanent withdrawal of your access to your account and/or the site; however, you will remain responsible for any outstanding payments to us for Digital Prints;
legal action against you;
disclosure of information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited and we may take any action we reasonably deem appropriate.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services or access to our Print offerings will be uninterrupted, timely, secure or error-free.

We may make this site unavailable for indefinite periods of time or cancel the Services at any time, without notice to you. You agree you will have no claim against us, in respect of any decision to remove Prints from this site or any decision to suspend or terminate your access to this site or to Prints (including by way of purchase) through the site.

You expressly agree that your use of, or inability to use, the Services to purchase Prints is at your sole risk. The Services and all Prints delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Blooming In Grace Co.’s Print Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Prints procured using the Services, or for any other claim related in any way to your use of the Services or any Prints, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or Print) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Blooming In Grace Co.’s Print Shop and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 – WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

SECTION 17 – NOTICES

All notices given by you to us must be given by email to bloomingingracellc@gmail.com. We will give notice to you at the email address you provide to us as part of the order process or your account registration. Notice will be deemed received and properly served immediately when posted on our site or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to, and received by, the specified email address of the addressee.

SECTION 18 – EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any delay or failure to perform any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”), including, but not limited to, acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services.

Our performance under these Terms will be suspended for the period that the Force Majeure Event continues, and we will be entitled to a reasonable extension of time for the performance of our obligations under these Terms after notifying you of the nature of extent of such Event. We will use commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Digital Prints may be performed despite the Force Majeure Event.

SECTION 19 – ENTIRE AGREEMENT; SEVERABILITY

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services and purchase of the Prints, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Oregon.

SECTION 21 – QUESTIONS OR COMPLAINTS?

If you have any queries at all regarding this site, the Prints featured on the site, or the Terms, please do not hesitate to contact us via e-mail at bloomingingracellc@gmail.com and we will be more than happy to assist you.