Terms of Service
Please read these Terms & Conditions carefully and in their entirety. This website is maintained and operated by Art Within, LLC (Art Within). Throughout the site, the terms “we”, “us”, and “our” refer to Art Within.
Art Within provides a monthly art project subscription service that contains the basic art supplies required to complete the project, along with printed instructions and educational content. By visiting our website, viewing or downloading educational content, or subscribing to Art Within, you engage in our Service and agree to the terms and conditions. Please read these Terms of Service carefully before accessing or using our website.
By accessing the Art Within website at https://www.createartwithin.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Art Within's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Art Within's website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Art Within at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Art Within's website are provided on an 'as is' basis. Art Within makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Art Within does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Art Within or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Art Within's website, even if Art Within or an Art Within authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Art Within's website could include technical, typographical, or photographic errors. Art Within does not warrant that any of the materials on its website are accurate, complete or current. Art Within may make changes to the materials contained on its website at any time without notice. However Art Within does not make any commitment to update the materials.
Art Within has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Art Within of the site. Use of any such linked website is at the user's own risk.
Art Within may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. General Conditions
We reserve the right to refuse the Service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
9. Subscription Terms
By agreeing to these Terms of Service, you represent that you are at least thirteen years of age. If you are a minor you must obtain the consent of your parent or legal guardian to use the Services or the site.
You may not use Art Within or any products or services you obtain from us for illegal or unauthorized purposes nor may you violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your Service.
Standard monthly plan with recurring payments
Family monthly plan with recurring payments
Standard 3-month pre-pay with recurring payments and renewal
Family 3-month pre-pay with recurring payments and renewal
By purchasing any of the Art Within subscription box plans, you acknowledge that your plan has an initial and recurring payment. At the end of the initial period, your subscription will be automatically renewed at the current plan rate and recurring payments will be processed accordingly, until you cancel your subscription.
You can cancel your subscription at any time through your account page or contact firstname.lastname@example.org for assistance.
If you have a monthly subscription plan, you can cancel or pause at any time; if your monthly payment has already been processed, you will receive a final box and then the recurring payments will terminate. If you have a 3 month pre-paid subscription plan, you can cancel your automated renewal at any time and your subscription will terminate after the prepaid term is complete.
Shipping timelines are estimates and carriers may experience delays. If you believe your subscription box has been lost or damaged, please contact us at email@example.com within 30 days of your payment.
Subscription boxes cannot be returned, exchanged, or refunded. All sales are final. Subscription services may be modified and are subject to change without notice. Art Within reserves the right to discontinue services or adjust pricing at any time. Art Within is not liable to you for these changes. Art Within reserves the right to refuse service.
You agree to provide complete and accurate account and billing information for your purchases. You agree to update your account information such as email address and credit card information so Art Within can process your transactions in a timely manner.
Your privacy is important to us. It is Art Within's policy to respect your privacy regarding any information we may collect from you across our website, https://www.createartwithin.com, and other sites we own and operate.
Information we collect
When you visit our website, our servers may automatically log the standard data provided by your web browser. This data is considered “non-identifying information”, as it does not personally identify you on its own. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may also collect data about the device you are using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software.
We may ask for personal information, such as your name, email address, physical address, and payment details. This data is considered “identifying information”, as it can personally identify you.
We only request this information when you interact with our site services—like shopping and transacting on our site, creating a user account, or subscribing to our newsletter. We may also ask for personal information belonging to someone else when you buy goods and services as gifts intended for direct delivery to the recipient. We only use collected personal information in the context of providing or improving these services.
How we collect information
We collect information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired services without it.
Use of information
We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website in future. We also use this information to gain insights into demographics, product and service popularity, and the effectiveness of our marketing activity. We do not disclose the specifics of this information publicly, but may share aggregated and anonymised versions of this information, for example, in website and customer usage trend reports.
We primarily use your personal information for the purposes of processing your orders of products and services, delivering those products and services to you (or your nominated gift recipient), and granting you access to engage with certain areas of our site (educational video content, blogs, etc.).
We may use your personal details to contact you with updates about our website and services, along with promotional content that we believe may be of interest to you. If you wish to opt out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us.
Data processing and storage
The personal information we collect is stored and processed in our website platform, or where we or our partners, affiliates and third-party providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users.
We only retain personal information for as long as necessary to provide a service, or to improve our services in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.
If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, we will erase it from our system within a reasonable timeframe.
Third-party access to information
We may use third-party services for: Analytics tracking, User authentication, Advertising and promotion, Content marketing, Email marketing, Payment processing
These services may access our data solely for the purpose of performing specific tasks on our behalf. We do not share any personally identifying information with them without your explicit consent. We do not give them permission to disclose or use any of our data for any other purpose.
We may, from time to time, allow limited access to our data by external consultants and agencies for the purpose of analysis and service improvement. This access is only permitted for as long as necessary to perform a specific function. We only work with external agencies whose privacy policies align with ours.
We do not otherwise share or supply personal information to third parties. We do not sell or rent your personal information to marketers or third parties.
Limits of our policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to this policy
Your rights and responsibilities
As our user, you have the right to be informed about how your data is collected and used. You are entitled to know what data we collect about you, and how it is processed. You are entitled to correct and update any personal information about you, and to request this information be deleted. You may amend your account information at any time, using the tools provided in your account control panel.
You are entitled to restrict or object to our use of your data, while retaining the right to use your personal information for your own purposes. You have the right to opt out of data about you being used in decisions based solely on automated processing.
Feel free to contact us if you have any concerns or questions about how we handle your data and personal information. firstname.lastname@example.org
This policy is effective as of April 15, 2021.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.
Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language).
Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.
Types of cookies and how we use them
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.
Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.
Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.
Targeting / advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting / advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting / advertising cookies on our site.
Third-party cookies on our site
Our third-party privacy promise
We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.
How you can control or opt out of cookies
If you browse websites from multiple devices, you may need to update your settings on each individual device. Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.
Collecting information from children
At times, we may require information from children to enable participation in certain activities, for example, registering an account, customising a profile, or receiving notifications. When collecting non-personal information, we encourage children never to provide any details that may personally identify them or reveal their location. We do not require children to provide more information than is necessary to participate in an activity.
We do not use children’s contact details for marketing purposes, though we may use them for our internal marketing and research in order to improve the quality of products and services offered across our site.
In accordance with COPPA, if an activity does require any personal information (such as first name, last name, or email address), we will provide notice to and seek consent from a parent or guardian prior to collecting the information. We only retain collected information for as long as necessary to enable participation in the requested activity.
In the event we discover we have collected personal information in a manner non-compliant with COPPA, we will either delete the information or seek parental consent. As a parent/guardian, if you believe your child is participating in an activity that collects personal information, and you have not received a notification or request for consent, please feel free to get in touch via our contact page https://www.createartwithin.com. We do not use parent contact details for marketing purposes unless marketing materials are explicitly requested.
Art Within publishes educational and art instruction videos on YouTube and selects the option to set content as “Made for Kids”.
Safeguarding children’s privacy
We take security seriously, and do what we can within commercially acceptable means to protect your child’s personal information from loss or theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.
Information abuse and community misconduct
We do not tolerate doxing (publishing of private or personal information about an individual without their consent), cyberbullying, or other forms of information abuse on https://www.createartwithin.com.
If we discover that a child’s personal information has been disclosed on our site without the express consent of their parent/guardian, we will remove the content in question as quickly as possible and effect disciplinary measures (a warning, suspension or ban) on the offending account.
Third-party access to information
We do not knowingly disclose any personally identifying information or personal information provided by children to third parties. We may, however, disclose anonymised and aggregated versions of this information (analytics and statistics) for business, marketing or public relations purposes.
Parental controls and intervention
As a parent/guardian, you may at any time refuse to let us collect further information from your children for a particular activity or account. If you have given us consent previously, you may log in to your child’s account to review, edit or delete the information, or contact us via to request the removal of the information from our records.
Please be aware that the removal of certain information may result in the termination of the associated account, or withdrawal from the associated activity.
11. Governing Law
These Terms of Service and any separate agreements whereby Art Within provides you with services shall be governed and construed in accordance with the laws of the State of Florida.