Terms & Conditions
Privacy Policy
1. What Do We Do with Your Information?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and e-mail address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you e-mails about the Museum Shop, new products, and other updates.
2. Consent
How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no. How do I withdraw my consent? If after you opt-in you change your mind, you may withdraw your consent for us to contact you for the continued collection, use, or disclosure of your information, at any time, by contacting us at webshop@folkartmuseum.org or mailing us at:
American Folk Art Museum Shop
2 Lincoln Square, New York, NY 10023
3. Disclosure
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
4. Shopify
The online Shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
5. Third-Party Services
In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Google Analytics: Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
6. Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
7. Cookies
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
Google analytics:
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where
8. Age of Consent
By using this site, you represent that 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.
9. Changes to This Privacy Policy
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
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Terms of Service
Overview
This website is operated by the American Folk Art Museum.
Throughout the site, the terms “we”, “us,” and “our” refer to the American Folk Art
Museum. The American Folk Art Museum 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.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The American Folk Art Museum online shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. Online Shop Items
By agreeing to these Terms of Service, you represent that
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. You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a
destructive nature. A breach or violation of any of the Terms will result in an
immediate termination of your Services.
2. General Conditions
We reserve the right to refuse service to anyone for any
reason at any time. You understand that your content (not including credit card
information) may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks. 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. The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
3. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this
site is not accurate, complete, or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete, or more timely sources of information. Any reliance on the
material on this site is at your own risk. This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
4. Modifications to the Service and Prices
Prices for our products are subject to change without
notice. We reserve the right at any time to modify or discontinue
the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any
modification, price change, suspension, or discontinuance of the Service.
5. Products or Services
Certain products or services may be available exclusively
online through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our Return
Policy. We have made every effort to display as accurately as
possible the colors and images of our products that appear at the store. We
cannot guarantee that your computer monitor’s display of any color will be
accurate. We reserve the right, but are not obligated, to limit the
sales of our products or Services to any person, geographic region, or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any
time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made
on this site is void where prohibited. We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.
6. 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 e-mail 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 e-mail
address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed. For more detail, please review our Returns Policy.
7. Optional Tools
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 of Service.
8. Third-Party Links
Certain content, products, and services available via our
Service 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.
9. User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by e-mail,
by postal mail, or otherwise (collectively, 'comments'), you agree that we may,
at any time, without restriction, edit, copy, publish, distribute, translate,
and otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove
content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene, or otherwise
objectionable or that violate any party’s intellectual property or these Terms
of Service. You agree that your comments will not violate any right of
any third party, including copyright, trademark, privacy, personality, or other
personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive, or obscene material, or
contain any computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not 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 comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third party.
10. Personal Information
Your submission of personal information through the store is
governed by our Privacy Policy (see above).
11. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies, or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times, 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 Service 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 Service or on any related website, including, without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service, or on any related website, should be
taken to indicate that all information in the Service or on any related website
has been modified or updated.
12. Prohibited Uses
In addition to other prohibitions as set forth in the Terms
of Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial, or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
13. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of
our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from
the use of the service will be accurate or reliable. You agree that from time to time we may remove the service
for indefinite periods of time, or cancel the service at any time, without
notice to you. You expressly agree that your use of, or inability to use,
the service is at your sole risk. The service and all products and services
delivered to you through the service 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 the American Folk Art Museum, our
directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers, or licensors be liable for any injury, loss, or
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 service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, 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 service or any content (or product) posted, transmitted, or otherwise made
available via the service, 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.
14. Indemnification
You agree to indemnify, defend, and hold harmless the
American Folk Art Museum and our parent, subsidiaries, 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 of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third
party.
15. Severability
In the event that any provision of these Terms of Service 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 of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
16. Termination
The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination of this agreement
for all purposes. These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any
time by notifying us that you no longer wish to use our Services, or when you
cease using our site. If in our sole judgment you fail, or we suspect that you
have failed, to comply with any term or provision of these Terms of Service, we
also may terminate this agreement at any time without notice and you will
remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).
17. Entire Agreement
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision. These Terms of Service and any policies or operating rules
posted by us on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of the
Service, 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 of Service). Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.
18. Governing Law
These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed in accordance with
the laws of 2 Lincoln Square, New York, New York, US, 10023.
19. Changes to Terms of Service
You can review the most current version of the Terms of
Service at any time at this page. We reserve the right, at our sole discretion, to update,
change, or replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
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Questions and Contact
If you would like to: access,
correct, amend, or delete any personal information we have about you or
register a complaint, or if you simply want more information, contact
the shop at webshop@folkartmuseum.org or 646. 783. 5985 or by mail at
American Folk Art Museum Shop, 2 Lincoln Square, New York, NY 10023.
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