site terms, conditions, + privacy policy

Website Privacy Policy

Last Modified: February 01, 2022


1. INTRODUCTION. Mesmerizing Designs (“Company”) respects your privacy. This Privacy Policy sets forth Company’s policy with respect to the types of information we may collect from you or that you may provide when you visit mesmerizingmoments.com (“the Website”), including any content, services, functionality, mobile applications, downloadable materials, and courses (“the Services”). If you do not agree with our Privacy Policy, your choice is to not use our Website. By accessing or using this Website, you agree to this Privacy Policy and the Terms of Use found here:
https://mesmerizingmoments.com/site-policies-terms

2. CHILDREN UNDER THE AGE OF 16. All website users must be at least 16 years of age. If we learn we have received information from a child under 16 we will delete the information. If you have reason to believe that a child under the age of 16 has provided Personal Data to us through the Website or Services, please contact us and we will endeavor to delete the information from our database. If we learn a user is under 16 years of age, we will not disclose any personal information to any third parties unless the user has given opt-in consent. If you have reason to believe that a user is under 16 years of age, notify the Company in order to prevent disclosure of any personal data without opt-in consent.

3. WHEN WE COLLECT INFORMATION FROM YOU. We collect data and process data when you access our Website, fill out forms on our Website, register, make a purchase, sign up for our newsletter, respond to a survey, surf the website, or use or view our website via your browser’s cookies.

4. WHAT TYPES OF INFORMATION WE COLLECT FROM YOU.

A. Voluntary Information
i. When you visit our Website or use our Services we collect certain types of information from you. This includes your name, email address, mailing address, phone number, credit card information, age, sex, marital status, race, nationality, or other information you provide to us.

B. Automatic Data Collection
i. We also collect information automatically through cookies and other tracking technologies such as information about your internet connection, your IP address, traffic and location data, logs and other information. The information we automatically collect helps us to improve our Website and deliver a better service.

C. The categories of consumer data we have collected within the past 12 months includes Basic Data, Engagement Data, and Behavioral Data.

5. HOW WE COLLECT INFORMATION FROM YOU. The data controller is Google Analytics. The technologies we use for automatic data collection include “cookies.” Cookies are small files placed on the hard drive of your computer that enables the website or service provider’s systems to recognize your browser and remember certain information. We use functionality cookies to recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. We use advertising cookies to collect information about your visit to our website. Our Company sometimes shares some limited aspects of this data with third parties for advertising purposes. You may refuse to accept browser cookies by activating the appropriate setting in your browser but if you do you may not be able to access certain parts of our Website or Services. We also use flash cookies or web beacons for automatic data collection. You may also provide information that is public or displayed on public areas of the Website, or transmitted to other users of the Website or third parties (“User Content”). Your User Content is transmitted to others at your own risk.

6. HOW WE USE YOUR INFORMATION. Processing of your information is necessary for the purpose of legitimate interests and does not infringe on any fundamental rights and freedoms. We use your information to understand and store information about visitor’s preferences, to compile aggregate data about site traffic and site interactions, to provide you with information, products, or services that you request from us or that we think you may like, to provide you with notices about your account, to carry out billing and collection, for customer support, for marketing purposes, and in any other way we may describe when you provide information to us. We may use automated decision-making in processing your personal information for some services and products. You can request a manual review of the accuracy of an automatic if you are unhappy with it. We do NOT sell personal information or consumer data for monetary gain or valuable consideration.

7. THIRD PARTY DISCLOSURES. Some content or applications on the Website are served by third parties, such as advertisements. We do not control third parties’ tracking technologies. You should consult the privacy policies of any such third party for more detailed information on their practices.

8. HOW WE DISCLOSE YOUR INFORMATION.

A. We may disclose aggregated information about our users and information that does not identify any individual without restriction.

B. We do NOT disclose personal information that we collect or you provide as described in this Privacy Policy to third parties, including the following subsidiaries, affiliates, service providers, and contractors.


C. When we process your order we may send your data to, and also use the resulting information from credit reference agencies to prevent fraudulent purchases.

D. We may release information when it’s appropriate to comply with the law or enforce our site policies.

E. Do Not Track Policy: Our site honors Do Not Track (“DNT”) browser settings. We do not track your online browsing activity on any other online service.

F. We do not transfer personal data collected from you to third party processors located internationally. Please be aware that such counties may not have the same level of data protection; however, our collection, storage and use of your personal data will continue to be governed by this Privacy Policy.

9. HOW WE STORE AND PROTECT USER INFORMATION.

A. Company securely stores your data. We have implemented security measures designed to protect your visit to the Website. These include:

i. All payment information is encrypted.
ii. All information you provide to us is stored on our secure servers behind firewalls.
iii. We use regular Malware Scanning.
iv. No transmission over the internet or email is completely secure or error free. Please keep this in mind when disclosing personal information over the internet.


10. YOUR CALIFORNIA PRIVACY RIGHTS.

A. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa

B. Under the CCPA, California residents have the right to opt-out of the sale of personal information about them or their household, such as their name, postal or email address, and other personal identifying information. The right is subject to certain exceptions. For example, it does not apply to information that we share with certain third-party service providers so they can perform business functions for us or on our behalf. You may opt out by emailing jen@mesmerizingmoments.com.

C. In the preceding twelve months, we have not sold personal information. Our policy is that we do not and will not sell your personal information.


11. RIGHT TO OPT OUT. You have agreed to receive marketing material from the Company and have consented to the Company disclosing your information to third parties for marketing purposes. You may opt out at any time. If you no longer wish to be contacted for marketing purposes, please opt out via the marketing email link.

12. YOUR DATA PROTECTION RIGHTS.

A. The Right to be Informed: This means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.

B. The Right to Access: This is your right to see what data is held about you by a Data Controller.

C. The Right to Rectification: You have the right to have your data corrected and amended if what is held is incorrect in some way. You can request that we correct any information that you believe is inaccurate or request that we complete information that you believe is incomplete.

D. The Right to Erasure: Under certain circumstances you can ask for your personal data to be deleted. This is also called “The Right to be Forgotten.” This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.

E. The Right to Restrict Processing: This gives the you the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.

F. The Right of Portability: you have the right to ask for any data supplied directly to the Data Controller by you, to be provided in a structured, commonly used, and machine-readable format. You may request copies of your personal data from us. You may request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions. We may charge a small fee for this service or for any copies requested.

G. The Right to Object. You have the right to object to further processing of your data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.

H. Rights in Relation to Automated Decision-making and Profiling: You have the right not to be subject to a decision based solely on automated processing.
I. Right Not to be Subject to Discrimination for the Exercise of Rights: The Company will not refuse goods or services to individuals who exercise their consumer rights.

If you would like to exercise these rights, please contact us at jen@mesmerizingmoments.com


13. CHANGES TO PRIVACY POLICY. The date the Privacy Policy was last revised is identified on the first page of the Privacy Policy. We reserve to update this policy and if we make material changes to how we treat our users’ personal information we will notify you by email. You are responsible for periodically visiting our Website and Privacy Policy to check for any changes.

14. CONTACT. You may send us an email at jen@mesmerizingmoments.com to inquire about our Privacy Policy or to request access to, correct or delete any personal information that you have provided to us.




WEBSITE TERMS AND CONDITIONS

Last Modified: February 01, 2022


Agreement between User and https://mesmerizingmoments.com

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

This Site is an E-Commerce Site.

The purpose of this website is to provide the user with Branding + Web Design, and business content to help grow their own personal businesses. I provide various items for sale to help with this goal, and I also provide free content in exchange for personal information, such as Instagram username.


|| NO UNLAWFUL OR PROHIBITED USE OF INTELLECTUAL PROPERTY ||

You are granted a non-exclusive, non-transferable, revocable license to access and use Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Company 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 Company 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. Company 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 Company 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 Company or our licensors except as expressly authorized by these Terms.


|| INTERNATIONAL USERS ||
The Service is controlled, operated and administered by Company from our offices 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 Company Content accessed through https://mesmerizingmoments.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 Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's 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. Company 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 Company in asserting any available defenses.


|| ARBITRATION ||
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.


|| 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. Mesmerizing designs and/or its suppliers may make improvements and/or changes in the site at any time.

Mesmerizing designs 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. Mesmerizing designs 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 mesmerizing designs 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 mesmerizing designs 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 ||
Company 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 Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas 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 Company as a result of this agreement or use of the Site. Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company'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 Company 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 Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company 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 and 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.


|| GENERAL PROVISIONS ||
This website is owned and operated by Mesmerizing Designs, in Texas, United States. This Website is offered and available to users who are eighteen years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Mesmerizing Designs. Use this website at your own risk.


|| PURCHASES ||
If you wish to purchase any product or service made available through the Mesmerizing Designs Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your website address, intent for use, your name, location, and email address.


|| REFUND + RETURN POLICY ||
Thank you for purchasing from Mesmerizing Designs. I know your investment means a lot to you, and I hope you consider the time and talent I put into the content as well. Due to the nature of the content I sell through my company, refunds will not be given. All sales are final, and I do not give refunds. By purchasing from my site, you agree that you shall not be entitled to a refund for any purchase, under any circumstances.


|| USE OF FREE DOWNLOADABLE CONTENT ||
I provide various resources on this Website, in exchange for personal information. I grant you a limited, personal, non-transferable license to use my resources for your own personal or business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance, or in any way exploit any of this content in any manner.

By downloading the free content, you agree that the content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Mesmerizing Designs. You further agree that you shall not create any derivative work based upon the content, and you shall not offer any competing products or services based upon any information contained in the content.


|| CHANGES TO TERMS ||
Company reserves the right, in its sole discretion, to change the Terms under which https://mesmerizingmoments.com is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.

|| CONTACT INFORMATION ||
Company welcomes your questions or comments regarding this Statement of Privacy, Terms of Conditions Terms of Use, and Terms of Service. If you believe that Company has not adhered to this Statement, please contact Company at:

Mesmerizing Designs
3448 Francisco Way
Round Rock, Texas 78665

Email Address:
jen@mesmerizingmoments.com