Gray Blush

Your privacy and security are our utmost concerns, and we take extensive measures to protect them. Additionally, we describe many of our policies in our Frequently Asked Questions section.  As such, our Privacy Policy and FAQ also govern your visit to the Site.  Please feel free to contact us by telephone at 800-735-1475, by email at service@grayblush.com, or by writing us at:

        Gray Blush Gallery, LLC
        8300 Greensboro Drive, Suite 800
        McLean, VA 22102-3661

Bookmarks and Hyperlinks

Gray Blush Gallery also grants you limited, revocable, and nonexclusive permission to bookmark our Site and to create hyperlinks to our home page (http://www.grayblushgallery.com) provided these do not represent our users, artists, products, services, the Site, or Gray Blush Gallery itself in any way that we construe to be offensive, defamatory, false, misleading, or otherwise derogatory.  Any instance of unauthorized usage immediately terminates the license or permission that these Terms grant you.

Product Information

Our independent jury of experts does its absolute best to ensure that the product information and images provided to us are accurate in every way, and particularly with regard to their representations of a product’s size, weight, and color. When you purchase products, however, they come to you directly from the artist, so we cannot guarantee the accuracy of the descriptions, images, or other information.  If you believe our product information is incorrect, please let us know immediately by calling 800-735-1475 or sending an email to service@grayblush.com.

Tax, Duty, and Pricing

• Items sold by Gray Blush Gallery that are shipped to destinations in Illinois or Virginia are subject to tax.

• No sales tax is charged when purchasing gift cards, although purchases paid for with gift cards may be subject to tax per the above.

• Products shipped to international destinations may be subject to duty.

• Since our Site operates continuously, any administrative change to a price must be implemented while the site is live. In the unlikely event of a change in a product’s price between the time you select the product and the time you complete your order, we will honor the current price at the time you complete your order.

Risk of Loss or Damage

All of your Gray Blush Gallery purchases are made pursuant to a shipping contract.  This means that title and the risk of loss or damage for such items pass to you upon our delivery of them to the carrier.

User-Generated Content

At Gray Blush Gallery, community is important to us, as is the ability to enjoy, share, learn about, and discuss art.  Hence, we encourage you to become involved by submitting or posting your comments, suggestions, reviews, and other dialogue through the Site, our online forms, email, or one of our partner Sites.

• By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit this content in any manner.

• You represent and warrant that you possess all necessary rights to the content that you submit.

• By submitting content to the Site, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate in our sole and exclusive discretion.

• You agree not to submit, transmit, or otherwise make available in any manner any content:
        i. that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of
           another's privacy, or is otherwise objectionable,
        ii. that infringes the intellectual property rights of any party, or
        iii. that contains a chain letter or constitutes any form of commercial solicitation, political speech, mass mailing,
            spam, or virus.

• You may not use a false email address or otherwise provide information that would be misleading as to your identity or the origin of the content you submit.

• We reserve the right to edit or remove any content that we find objectionable for any reason.

• You agree to defend us, indemnify us, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the Site.

We take no responsibility and assume no liability for any user-generated content.

User Accounts

If you use this Site, you are responsible for maintaining the confidentiality of your account details (including user name and password) and for restricting access to your computer.  Furthermore, you agree to accept responsibility for your account and all activities conducted through it. You may not open a user account:

• If you are not able to form legally binding contracts.

• If you are under the age of 18.

• If you are prohibited from doing so in your jurisdiction, or are temporarily or indefinitely suspended from using our Site, services, or tools.

Those who have established accounts in violation of these Terms or under false pretenses will have their accounts terminated immediately. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Children

Gray Blush Gallery does not sell products for purchase by children.  We do sell certain children’s products for purchase by adults who are authorized to use an approved payment method.  If you are under 18, you may use the Site only with the involvement of a parent or guardian. Gray Blush Gallery fully endorses and complies with federal and state efforts aimed at the protection of minors.

Copyright

All content included on this Site is the property of Gray Blush Gallery or its content suppliers and is protected by United States and international copyright laws.

• By submitting images and information, you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the images and information.

• You grant to Gray Blush Gallery the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the images and information.

• To the extent that you do not own all rights in and to the images or that Gray Blush Gallery’s use of any of the images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify us and hold Gray Blush Gallery harmless from any claims or demands, including attorneys’ fees and costs, incurred by Gray Blush Gallery with respect thereto.

• All images on the Site are either owned or licensed by Gray Blush Gallery and may not be reproduced or used in any manner without our express written permission and, if appropriate, that of the relevant party.  We grant you a limited, revocable, and nonexclusive permission to use the our identified “Share” features and your browser’s print feature for the sole, private purpose of visualizing how those images that we are uniquely and actively listing for sale would appear in your own personal space.

Gray Blush Gallery respects and upholds the intellectual property rights of others.  If you believe that your work has been copied in a way that infringes upon your copyright, please immediately submit the information required by Title 17, Chapter 5, § 512(c)(3) of the U.S. Code to:

        Gray Blush Gallery, LLC
        Attention: General Counsel
        8300 Greensboro Drive, Suite 800
        McLean, VA 22102-3661

Trademarks and Intellectual Property

‘Gray Blush’, ‘Gray Blush Gallery’, ‘Gray Blush Gallery, LLC’, the Gray Blush Gallery logo, and other graphics, logos, compilation, organization, design, magnetic translation, digital conversion, page headers, button icons, scripts, service names, and other materials related to Gray Blush Gallery (collectively, the "Intellectual Property") are trademarks, servicemarks, registered marks, trade dress, and other proprietary materials of Gray Blush Gallery, LLC or its member artists.

• The Intellectual Property is protected by law

• All rights in the Intellectual Property are reserved to Gray Blush Gallery, LLC; and all artwork appearing on the Site remains the intellectual property of its originator.

• You do not acquire:
        i. Ownership or proprietary rights to any content, Intellectual Property, document, or other materials viewed through
           the Site.
        ii. Intellectual property rights in any item purchased through the Site.

• You may not copy the Intellectual Property in whole or in part without our prior written permission.

• You may not use the Intellectual Property:
        i. in connection with any product or service that is not ours;
        ii. in any manner that could cause confusion among customers; or
        iii. to represent our users, artists, products, services, the Site, or Gray Blush Gallery itself in any manner that could
           be construed as offensive, defamatory, false, misleading, or otherwise derogatory.

Use of the Site

We grant you a limited, revocable license to access and make personal use of the Website as a user.  For the benefit our community, however, no user may:

• Data mine, extract, or use any robot, spider, scraper, or any similar data gathering and extraction process or tool, operate a botnet or related activity, or use any practice to bypass or attempt to bypass any security measure we may employ. We reserve the right to redirect and report such activity at our discretion;

• Take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

• Engage in any activity that interferes or attempts to interfere with the Site, any activity conducted on the Site, or another’s ability to use the Site;

• Exploit any image, text, product listing, price, description, page layout, design, trademark, servicemark, trade dress, logo, the Site itself, any portion of the Site, or any other content or derivative for any commercial or resale purpose, except as provided by these Terms, to include but not limited to reproduction, duplication, copying, visiting, selling or reselling;

• Utilize hidden text, search terms, key terms, meta tags, or similar practices that contain Gray Blush Gallery’s or the Site’s name or other trademarks;

• Download (excepting page caching), create derivative works from, decompile, or in any way modify the Site, any portion of the Site, or its content, including any database, without our express written consent;

• Use our Site, services, or tools if ineligible to open an account (see ‘User Accounts’ below);

• Assist or encourage any third party in participating in any activity prohibited by these Terms; or

• Use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

Website Access and Availability

The Site is provided on an “as is” and on an “as available” basis.

• You acknowledge and accept that Gray Blush Gallery does not guarantee continuous access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances beyond our control.

• Gray Blush Gallery shall have no liability for any interruptions in the availability of the Site.

• Although we take extensive security precautions, we cannot guarantee that this Site, information, content, materials, products, or services included or otherwise made available to you through this Site, its servers, or email sent from Gray Blush Gallery are free of viruses or other harmful components. You use the Site at your sole risk.

• We may discontinue the Site with or without notice to you.

Electronic Communication

When you visit our Site, complete online forms, or send email to us, you are communicating with us electronically.

• If you do so, you consent to receive communications from us electronically.

• We will communicate with you by email or by posting notices on the Site. Where your privacy preferences and security are concerned, we take these very seriously. Please see our Privacy Policy for more details.

• You acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Liability

We are not liable for any loss of money, goodwill or reputation, or any damages arising out of use of our Site and services, including other users’ content, actions, or inactions. To the full extent permissible by applicable law, Gray Blush Gallery, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Gray Blush Gallery does not warrant that this site, information, content, materials, products, or services included on or otherwise made available to you through the Site, its servers, or email sent from Gray Blush Gallery are free of viruses or other harmful components. Gray Blush Gallery will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products, or services included on or otherwise made available to you through this Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. If you have a dispute with one or more users, you release us (and parent companies, subsidiaries, affiliates, joint ventures, agents, officers, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Indemnification

You agree to indemnify and hold Gray Blush Gallery, its parent companies, subsidiaries, affiliates, joint ventures, agents, officers, and employees harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of any use of the Site (yours or anyone else’s), the violation of these Terms (by you or anyone else), or the violation of any law.

Severability, Modification Without Notice, and Enforcement

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.  We reserve the right to change our Site, these Terms, and all other policies at any time, without notice.  Therefore, you should review these Terms frequently. Gray Blush Gallery’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or of the right to enforce such a provision unless acknowledged and agreed to by us in writing.

No Agency

We do not intend for this Agreement to create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship.

Governing Law

Gray Blush Gallery, LLC is operated and provided in the State of Virginia. By visiting the Site, you agree that the laws of the state of Virginia will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access the Site, you agree to do so subject to the laws of the State of Virginia. Further, you agree that any dispute relating in any way to your visit to or items sold by Gray Blush Gallery shall be adjudicated in the state or federal courts in Fairfax County, Virginia, and you consent to exclusive jurisdiction and venue in such courts.

Effective: May 16, 2011

Gray Blush Gallery takes your privacy as seriously as you do, and we’ve gone to lengths to ensure that you feel comfortable in our community. Thank you for your trust!

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY OUR PRIVACY POLICY.

Does the Gallery ever share my information?

We never sell, trade, exchange, or give away your information.  Period.

Since everything we collect has a function, we only share customer information as follows:

• Trusted Third Party Service Providers. We personally vet all companies and individuals that perform services on our behalf. These providers use your information for things like delivering packages, sending email and postal mail that you’ve requested, processing payment cards when you order something, analyzing our data, and collecting your feedback.

• Compliance. We may also share your information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect the rights, property, or safety of Gray Blush Gallery, our users, or others.

• Consent. Other than as set out above, you always get to choose how your information is used and shared.

What personal information do we collect and how do we use it?

Our philosophy is to collect only the information needed to make the Site do the things you choose.  What are those things?

• Browse the Site anonymously: in this case we won’t collect any personally identifiable information.

• Order a product: in this case we may collect things like the recipient’s name, shipping address, and phone number or email address, and the buyer’s name, payment card information, billing address, and phone number or email address. Please note that any information you provide during this process will only be used to send you information and updates directly pertaining to your order.

• Open a User Account: although you don’t need one to make a purchase, a User Account helps you to access the Site’s full functionality. In this case we’ll ask you for your email address, a password, a screen name, and your country of origin. You can also choose to provide optional information like your gender, birthday, address, and typical shipping addresses so that we can personalize your experience.

• Leave feedback: you can log into the feedback forum using your email and password or by using the other login options we provide (we require a login to keep the spammers out). We’ll use your information to help improve our Website and service!

• Subscribe to our newsletter or promotions: there aren’t any hard-to-find buttons that commit you automatically. You have to opt in to receive things like this, in which case we’ll collect your email address. After opting in, we always include detailed unsubscribe instructions at the bottom of each email.

How secure is your information?

Here are just a few of the things we do to protect the security of your information every time you store or transmit it:

• Secure payment: we do not store, process, or transmit payment card information on our servers. In fact, we’ve partnered with a major U.S. bank to handle your payment card transactions. If you prefer, you also have the option to utilize PayPal. In any case, when you login or place an order, your information is encrypted using Secure Socket Layer (SSL) cryptographic protocols. We also use SSL to encrypt and protect many other types of information you give us.

• Retention: apart from the masked information on a receipt, neither Gray Blush Gallery nor the payment gateway retain your payment information following a transaction.

• PCI DSS compliance: Gray Blush Gallery complies with the Payment Card Industry Data Security Standard, and our Website sits in a third-party audited PCI 2.0 hosting environment.

• Certified data centers: our data centers are SAS 70 Type II and ISO 900:2001 certified.  Amongst other features, they employ biometrics, controlled access, CCTV, man-trap entry, and on-site security.

• Secure servers: our servers sit behind managed redundant firewalls and are protected by multi-level intrusion prevention and secure, hardened network design.  We also monitor and inspect all traffic 24/7.

• Threat scanning: amongst other threats, we conduct routine website scanning for vulnerabilities, malware, adware, spyware, pop-ups, spam, and browser exploits.

• Secure email: we secure the transmission and storage of any electronic messages you send us while they’re in our possession.  Your server storage and transmission, on the other hand, may or may not be secure, so be sure to know before you send us sensitive information via email.

How does the Gallery use cookies?

Gray Blush Gallery never uses third party—often referred to as tracking—cookies. In fact, we don’t attempt to observe your other online activities at all.

We do use first party cookies, which are small alphanumeric identifiers stored by your computer’s hard drive if you choose to allow your web browser to receive them.  First party cookies enable our systems and providers to do things like recognize your web browser, remember items in your shopping cart, understand and save your preferences, make suggestions based on the way you use our Site, and collect the feedback you send us.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to prevent your browser from accepting new cookies. You can even disable cookies entirely, although some of our features may not function properly in this case. The Help portion of the toolbar on most browsers provides resources for modifying your settings. Remember, you can always place orders over the telephone or by email if you don’t like cookies.

How do you protect children?

Gray Blush Gallery supports and complies with the Children’s Online Privacy Protection Act. We do not sell products for purchase by children. We do sell certain children’s products for purchase by adults who are authorized to use an approved payment method. Gray Blush Gallery does not collect any information from anyone under 18 years of age. Further, if you are under 18, you may use the Site only with the involvement of a parent or Guardian.

Does the Gallery comply with the California Online Privacy Protection Act?

Yes, we’ve taken the necessary precautions to comply with the California Online Privacy Protection Act.  We will not distribute your personal information without your consent, and if you have a User Account, you may make changes to your information at any time by logging into "My Account" and going to the "Settings" page.

General Notes

Periodically, we link users to third party sites that have independent privacy policies.  In these cases, we have no responsibility or liability for the content and activities of these sites.  Nonetheless, we actively attempt to protect the integrity of our Site and welcome your feedback about any site to which we link.

Please visit our Terms of Use, which establishes the use, disclaimers, and limitations of liability governing the use of our Website.

How do I contact you?

Here are 3 great ways to get a hold of us:

• 800-735-1475 is our customer service line.  You can leave us a voice mail anytime, but you’ll get a real human being from 11:00 am – 7:00 pm Eastern Time, Tuesday through Saturday.

• Feel free to email us at service@grayblush.com. We’d love to hear from you!

• Get the postal service involved. Our street address is:

        Gray Blush Gallery, LLC
        8300 Greensboro Drive, Suite 800
        McLean, VA  22102-3661

We post updates to our Privacy Policy on this page, so we encourage you to check back frequently. This policy was last modified on May 16, 2011.