TERMS OF USE & PRIVACY POLICY

Last Updated: October 7, 2022

 

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF USE PRIOR TO EXPLORING OUR WEBSITE OR PURCHASING OUR SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.

 

Section 1 – Introduction & Consent to Terms

Welcome to Sagen.Life (referred to herein as “Sagen.Life”, “we”, “us”, or “our”) Terms of Use (referred to herein as the “Terms” or the “Agreement”).

If you do not agree to these Terms, we ask that you please not use our Website. Your use of our Website constitutes acceptance of these Terms.

These Terms apply to all users of our website, www.sagen.life (“Website”), our mobile website, our social media accounts, or other platforms now or hereinafter created (our “Platform”), and anyone who purchases our Services. By using our Platform or purchasing our Services, you agree to be bound by these Terms.

If you are using our Website or purchasing our Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms.

We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to these Terms. Any modification to these Terms will be notated at the top of these Terms.

 

Section 2 – What We Do

Sagen.Life assists clients in creating unique and innovative pieces of artwork based on their life story or other similar narrative (the “Services”). We bring your life story or narrative to life through the eyes of incredibly talented world-class artists and creative storytellers. Our goal is to help our clients tell their life story, or part of it, through one or more pieces of art. 

 

Section 3 – How to Become a Client

  • Step 1: You go on our website and fill out our Commission Request form which provides basic information for what you would like in the commissioned art piece.

  • Step 2: We then have an introductory call/consultation with you so that we can get a better understanding of what you want in the life story artwork (optional). Alternatively, we can begin the first draft sketch based on the information given to us via the Kickoff form, email, in-person, or any other similar or relevant method of communicating what you would like in your commissioned artwork.

  • Step 3: If you would like to move forward and use our Services, place your order through our Etsy Shop and we will get started.

For a full detailed breakdown of what happens once you become a client, please visit our FAQ page.

Section 4 – Sagen.Life Intellectual Property

The contents of our Website and Platform are protected by United States and international copyright laws. The contents of our Website and Platform are owned exclusively by Sagen.Life or licensed to us. You may not, and may not cause or encourage others to reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Platform or Website (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Sagen.Life.

Sagen.Life and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Sagen.Life. All rights in these Marks are reserved by Sagen.Life. You may not use any Sagen.Life-provided Marks or other logos or graphics, without our prior written consent.

We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Website and Platform. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Website or any and/or all content except as is necessary to view and/or use our Website; (b) make any use of the Website or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either the Website or any and/or content; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

Any unauthorized use by you of the Website or Platform automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.

 

Section 5 – Your Submission & Reservation of Rights

By submitting information to us via our “Commission Request” form on our Website (a “Submission”) you represent and warrant that (a) the Submission and all information thereby is owned or licensed by you; or (b) if neither ownership or license applies to your Submission, that you have all necessary approvals for us to provide the Services using the Submission; and (c) that creating artwork using your Submission will not infringe on the third-party intellectual property rights of any party or entity and will not be defamatory or cause injury to any third-party in any way. By submitting a Submission, you hereby acknowledge and agree that you will indemnify and hold harmless Sagen.Life and its agents, employees, owners, parents, subsidiaries, affiliates, and similarly situated companies or persons from any claims, demands, actions, proceedings, or similar from any third-party intellectual property matter(s) or any claims arising out of defamation or similar.

We reserve the right to reject any client from ordering the Services for any reason.

Section 6 – Privacy Policy

 a) Introduction. In order to operate and provide the best experience on the Platform and our Website, Sagen.Life may collect certain information about you. You acknowledge that when you use our Website and/or Platform, Sagen.Life may use various automatic means, which include but are not limited to cookies and web beacons, to collect information about your mobile device, computer, and about your use of the Platform and purchase of our Services. By using the Platform and our Services, you consent to all reasonable actions taken by Sagen.Life with respect to your information.

b) Information Provided by You. You can provide us information through various means using our Platform. We collect personal information, which identifies you as an individual, or you as an entity, if you are one. The information we collect may include the following: name, address, telephone number(s), email address(es), and inferences drawn from any or all of the foregoing. This information is collected directly from you when you visit our Website or purchase our Services.

c) Information We Automatically Collect from You. Our website is built on the Squarespace website building and hosting platform which, by using their tools, automatically collects certain information including your Internet Protocol address, browser type, computer type, type of mobile device, mobile carrier, computer operating system, the site from where you navigated to our Digital Platforms, the time and date of using the Digital Platforms, whether you are a repeat visitor, how long you use the Digital Platforms and the pages that you view.

d) To Provide Services and Information. We use your personal information to provide our Services to you, contact you regarding promotions and other services, and other administrative information, and respond to your inquiries, comments, reviews, etc. We will never use or sell your personal information for any other reason.

e) Targeted Advertising.  We may work with third-party advertising companies or social media networks to serve advertisements for us. These companies may use cookies and other technologies to collect device identifiers, online or network activity information, commercial information, or inferences, such as information about other websites you visit over time and the advertisements you click on, in order to deliver advertisements that are targeted to you. You can opt out of this form of targeted advertising from the companies we work with by changing your settings on your computer or mobile phone.

f)  Other Purposes. We may use non-personal information for other purposes, except when not permitted by applicable law. We may use analytics services, such as Google Analytics, on our website, our social media pages, or our mobile website to help us evaluate and analyze how visitors use our Platform. For specific details on how Google collects and uses information on our website, social media pages, or mobile applications, please visit Google’s website.

g)  Opt-Out. You can opt out of receiving marketing emails from Sagen.Life by using the unsubscribe feature contained in the e-mails or by sending us an email to hello@sagen.life. Please note that if your opt-out request is specific to the particular type of email communication you receive from us, you will not receive that specific type of email but may receive other types of emails.

h)  California Residents. Under California privacy laws, including the California Consumer Privacy Act ("CCPA"), we are required to notify California residents about how we use their personal information.

                        i. Under the CCPA, "personal information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. We collect the personal information in accordance with this Section 2.  

                       ii. California residents have the right to opt-out of our sale of their personal information by contacting us at hello@sagen.life. Please be prepared to provide proof of your residence in California.

                      iII We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.

                       iv.  Verifiable Requests to Delete, and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, up to twice every 12 months: 

  • Right of Deletion: California residents have the right to request that we delete their personal information that we have collected about them, subject to certain exemptions.

  • Right to Know & to Receive a Copy: California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this information sent to you via email.

  • Right to Know & Right to Information: California residents have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months.

                      v. Submitting Requests. Requests to exercise the right of deletion, right to a copy, or the right to information may be submitted by contacting us at hello@sagen.life.

                    vi. Right to Non-Discrimination. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA.

                   vii. Financial Incentive. We may offer you various financial incentives such as discounts and special offers when you provide us with contact information and identifiers such as your name and email address. You may withdraw from a financial incentive at any time by opting out from our email or closing your account. Generally, we do not assign monetary or other value to personal information, however, California law requires that we assign such value in the context of financial incentives. In such context, the value of the personal information is related to the estimated cost of providing the relevant financial incentive(s) for which the information was collected.

Overall, Sagen.Life will not willingly lease, sell or distribute your personal information to any third parties, unless we have your permission. However, we might do so if the law forces us. Your personal information may be used when we need to send you promotional materials if you agree to this privacy policy. 

We genuinely respect your privacy—feel free to email us at any time with any questions or concerns at hello@sagen.life :)

Section 7 – Copyright Infringement

 If you believe that your copyright has been infringed by Sagen.Life, please immediately send us a notice to hello@sagen.life. We respond to notices of copyright infringement immediately and take any such allegations seriously.

In your email, please include the following:

·       Identification of the copyrighted work(s) that you claim has been infringed;

·       A description of the material that you claim is infringing and the location of that material;

·       Your address, telephone number, and email address;

·       A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·       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.

We will respond to any such claims within seventy-two (72) hours of receipt and will expeditiously remove any allegedly infringing material unless we have justification to believe that the claim is meritless.

Section 8 – Term & Errors

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or change Services if any information is inaccurate at any time (including after you have agreed to our Services).

 

Section 9 - Disclaimer

Our website, Platform, and Services are provided 'as is' and, to the extent permitted by applicable law, Sagen.Life and its directors, officers, employees, agents, representatives, licensors, third party providers, and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the Platform, our website, or our services.

 

Section 10 – Limitation of Liability

Sagen.Life shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU PAID SAGEN.LIFE FOR THE SERVICES.

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH OUR SERVICES, TERMINATION IS YOUR SOLE REMEDY.  WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

 

Section 11 – Indemnification

You agree to defend, indemnify and hold Sagen.Life, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Website or Platform in violation of any law, rule, regulation, (ii) your breach of these Terms; or (iii) arising out of your Submission.  

 

Section 12 – General Provisions

a. Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Sagen.Life.

b. Applicable Law/Dispute Resolution.  This Agreement shall be governed by the laws of the State of California. Any dispute arising from this Agreement shall be subject to binding arbitration. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. Sagen.Life and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located.

c. Severability.  If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If an arbitrator or panel of arbitrators finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

Section 13 – Questions

If you have any questions or comments regarding these Terms, please feel free to contact us by email at hello@sagen.life.