TERMS AND CONDITIONS
Agreement between User and www.mayascrayon.com
Welcome to www.mayascrayon.com. The www.mayascrayon.com website (the "Site") is comprised of various web pages operated by Mark Rengers' Frames d/b/a Maya's Crayon ("Maya's Crayon"). www.mayascrayon.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.mayascrayon.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.mayascrayon.com is an E-Commerce Site.
Maya's Crayon through this website provides creative services and products.
Visiting www.mayascrayon.com or sending emails to Maya's Crayon constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Maya’s Crayon believes the information you provide is not correct, current, or complete, Maya’s Crayon has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Maya's Crayon is not responsible for third party access to your account that results from theft or misappropriation of your account. Maya's Crayon and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Maya's Crayon does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.mayascrayon.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.mayascrayon.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Maya's Crayon and Maya's Crayon is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Maya's Crayon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Maya's Crayon of the site or any association with its operators.
Certain services made available via www.mayascrayon.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mayascrayon.com domain, you hereby acknowledge and consent that Maya's Crayon may share such information and data with any third party with whom Maya's Crayon has a contractual relationship to provide the requested product, service or functionality on behalf of www.mayascrayon.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
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 Maya's Crayon 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. Maya's Crayon 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 Maya's Crayon 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 Maya's Crayon or our licensors except as expressly authorized by these Terms.
You Grant a Non-Exclusive License to Maya’ Crayon for the Artwork You Share with Maya’s Crayon
BY USING THIS WEBSITE AND THE SERVICES PROVIDED BY MAYA’S CRAYON, ITS AGENTS, ASSIGNS AND EMPLOYEES, YOU GRANT US A NON-EXCLUSIVE LICENSE IN ALL TEXT, PHOTOGRAPHS, VIDEOS, ARTWORK, DRAWINGS, AND ANY OTHER ARTISTIC WORKS, COPIES, DERIVATES, REPRODUCTIONS, AND COMPILATIONS, WHETHER CREATED BY YOU OR A MINOR FOR WHICH YOU ARE A LEGAL PARENT OR GUARDIAN “YOUR ARTWORK” THAT YOU SHARE WITH MAYA’S CRAYON AND THAT, UNDER THE LICENSE, MAYA’S CRAYON MAY USE YOUR ARTWORK FOR ANY PURPOSE IT DESIRES AND DISPLAY AND USE IT, COPIES, DERIVATIVES, REPRODUCTIONS, AND COMPILATIONS IN ANY MANNER, INCLUDING ADVERTISING, MARKETING AND PROVIDING THE SERVICES YOU HAVE ENGAGED MAYA’S CRAYON TO PROVIDE TO YOU. YOU AGREE THAT ALL ARTISTIC WORKS CREATED BY MAYA’S CRAYON AND DERIVED FROM YOUR ARTWORK IS THE EXCLUSIVE PROPERTY OF MAYA’S CRAYON.
IF YOU DO NOT AGREE, YOU SHOULD NOT USE OUR WEBSITE OR SERVICES.
The Service is controlled, operated and administered by Maya's Crayon 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 Maya's Crayon Content accessed through www.mayascrayon.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Maya's Crayon, 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. Maya's Crayon 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 Maya's Crayon in asserting any available defenses.
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.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Maya's Crayon agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
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. MARK RENGERS' FRAMES D/B/A MAYA'S CRAYON AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MARK RENGERS' FRAMES D/B/A MAYA'S CRAYON 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. MARK RENGERS' FRAMES D/B/A MAYA'S CRAYON 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.
Maya's Crayon 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 Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania 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 Maya's Crayon as a result of this agreement or use of the Site. Maya's Crayon's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Maya's Crayon'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 Maya's Crayon 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 Maya's Crayon with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Maya's Crayon 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.
Changes to Terms
This Agreement contains the complete terms and conditions that govern the use of Maya’s Crayon Site. Maya's Crayon reserves the right, in its sole discretion, to change the Terms under which www.mayascrayon.com is offered. The most current version of the Terms will supersede all previous versions. Maya's Crayon encourages you to periodically review the Terms to stay informed of our updates.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Maya’s Crayon's copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Maya’s Crayon and its affiliates that your copyrighted material has been infringed. Please include the following:
— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
— A description of the copyrighted work that you claim has been infringed upon;
— A description of where the material that you claim is infringing is located on the Site, including the current Website address;
— Your address, telephone number, and e-mail address;
— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Company's Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows:
Mark Rengers' Frames d/b/a Maya's Crayon
Maya's Crayon welcomes your questions or comments regarding the Terms:
Mark Rengers' Frames d/b/a Maya's Crayon
549 Beaver Street
Sewickely, Pennsylvania 15143
Effective as of August 04, 2021
Mark Rengers’ Frames LLC d/b/a Maya’s Crayon
(as of 08/13/2021)
Mark Rengers’ Frames LLC d/b/a Maya’s Crayon (“MAYA’S CRAYON”) respects the privacy of all visitors to our website. Please review the following Privacy Statement to understand what information is being collected and how it will be used. MAYA’S CRAYON does not share or sell any data we collect from you to any third parties. All information gathered will be obtained only through your knowledge and consent.
In the following privacy statement, "we", "us" and "our" will refer to MAYA’S CRAYON. “You" and "your" will refer to you as a user and visitor to www.mayascrayon.com.
What Do We Collect?
IP Address and Clickstream Data. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us and the referring website address.
Other information submitted by you or your organizational representatives via various methods (phone, email, online forms, surveys, in-person meetings, etc.).
Information we may receive relating to communications you send us, such as queries or comments concerning our Services.
Information relating to an individual’s real time location.
How Secure is the Information We Collect?
We make every effort to follow industry standard security measures to prevent the loss, misuse and alteration of the information under our control. All information collected by us is accessible only to our authorized employees.
How We Use Data
We use data for the following general purposes:
To identify our registered clients when they login to their account.
Contact Information: When you begin business with us, you will need to provide specific information for contact reasons. This information will be used only by us and will not available to any outside sources. Contacts via email you can expect to receive from us include information required in order to complete your project, an initial estimate, employment information and/or notices of any new options or services available from us, and responses to any queries you send to us. Your email address is used when you e-mail us with questions or comments, and when you submit a "Contact" form. We will use your e-mail address only to reply via email. NO third parties will acquire your email address, NO other mail will be sent unless follow-up is expected.
Payment information: We do not store this information. You use a third party payment portal from which we receive your payment.
To enable us to provide you with any services that you request from us.
To contact you about your inquiries and provide customer service support, including responding to your comments and questions.
To keep you informed about our services, features, surveys, newsletters, offers, contests and events that we think you might find useful or which you have requested from us.
To sell or market our products to you.
To better understand your needs and the needs of users in the aggregate, diagnose problems, analyze trends, improve features, provide better usability of our Services, and improve of our understanding and market to our customers and users.
Information from Children
Maya’s Crayon does not sell products or services for purchase by children, and will not collect or post information from a child under the age of 13 without the involvement of a parent or guardian. Maya’s Crayon will notify the child's parent or guardian at the e-mail address provided by the prospective customer, alerting the parent or guardian to the child's use of the Web site and providing instructions as to how the parent or guardian can delete the child's registration from the Web site. Maya’s Crayon does not use personally identifying information collected from children for marketing or promotional purposes.
Your use of our website www.mayascrayon.com constitutes your agreement with this privacy statement. If you do not agree to this policy, then please do not use this website.
We reserve the right to change this policy at any time by posting changes on this page. Your continued use of www.mayascrayon.com will signify your acceptance of those changes.
If you have any questions regarding this Privacy Statement, please contact us:
Mark Rengers’ Frames LLC d/b/a Maya’s Crayon
549 Beaver Street, Sewickley PA 15143
Phone number: 412-741-5858