These Terms of Service (“Terms”) are a binding agreement between you (“you,” “your,” or “Member”) and Lucy’s Painting Gallery (“Lucy’s Painting Gallery, LLC,” “we,” “our,” or “us”). They govern your access to and use of our website, membership platform, and any related services (collectively, the “Site”). By visiting, registering, or purchasing a membership, you agree to these Terms. If you do not agree, do not use the Site.
1. Eligibility
- You must be at least 18 years old (or the age of majority where you live) and legally capable of entering a contract.
- By creating an account, you represent that the information you provide is accurate, complete, and kept current.
2. Your Account
- You are responsible for safeguarding your username and password. Notify us immediately of any unauthorized use.
- We reserve the right to suspend or terminate your account for violation of these Terms or suspicious activity.
3. Memberships, Fees, and Billing
- Access to premium content requires a paid membership plan. Prices, features, and renewal intervals are posted on the Site.
- Payments are processed securely through Stripe. By subscribing, you authorize recurring charges until you cancel.
- All fees are quoted in U.S. dollars and are non‑refundable except where required by law or expressly stated on the checkout page.
4. Content & Intellectual Property
- Our Content. All videos, classes, images, text, graphics, and other materials we provide (“Lucy’s Content”) are owned by Lucy’s Painting Gallery or its licensors and are protected by copyright and other intellectual‑property laws.
- License to You. While your membership is active, we grant you a limited, non‑exclusive, non‑transferable license to view Lucy’s Content for personal, non‑commercial use only. You may not copy, redistribute, record, or publicly display any content without our prior written consent.
- User-Generated Content. If you upload artwork, comments, or other material (“User Content”), you grant us a worldwide, royalty‑free license to host, store, reproduce, and display that content solely for operating and promoting the Site. You remain the owner of your User Content.
5. Acceptable Use
You agree not to:
- Share your login credentials or allow others to access your account.
- Interfere with the Site’s security, servers, or networks.
- Reverse‑engineer or attempt to extract source code from the Site.
Violation may result in suspension or termination without refund and may expose you to civil and criminal liability.
6. Cancellation & Termination
- You may cancel your membership at any time through your account dashboard or by emailing support. Your access will continue until the end of the current billing cycle; no pro‑rated refunds are provided unless otherwise stated.
- We may terminate or suspend your account immediately for breach of these Terms, suspected fraud, or if required by law.
7. Third‑Party Services
The Site integrates services such as Stripe (payments), Google Analytics and Search Console (analytics), and Infinite Uploads (media storage). Your data may be shared with these providers as described in our Privacy Policy. We are not responsible for third‑party services, and your use of them is subject to their terms.
8. Disclaimers
- The Site, Lucy’s Content, and any advice or tutorials are provided “as is” and “as available,” without warranties of any kind, express or implied.
- We do not guarantee uninterrupted or error‑free access, nor specific results from the use of our content or services.
- Some jurisdictions do not allow disclaimers of implied warranties; in such cases, the above disclaimers apply to the fullest extent permitted by law.
9. Limitation of Liability
To the maximum extent permitted by law:
- Lucy’s Painting Gallery shall not be liable for indirect, incidental, consequential, special, or punitive damages, or for loss of profits or revenues, whether incurred directly or indirectly.
- Our total aggregate liability arising out of or related to these Terms or the Site will not exceed the amount you paid us in the 12 months preceding the claim.
10. Indemnification
You agree to defend, indemnify, and hold harmless Lucy’s Painting Gallery, its affiliates, and their respective directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Site, your User Content, or your violation of these Terms.
11. Modifications to the Site or Terms
We may modify the Site or these Terms at any time. If changes are material, we will provide at least 14 days’ notice via email or on‑Site notice. Continued use after the effective date constitutes acceptance of the revised Terms.
12. Governing Law & Dispute Resolution
- These Terms are governed by the laws of the State of Illinois, USA, without regard to conflict‑of‑law principles.
- Informal Resolution. Contact us first to attempt to resolve any dispute informally.
- Arbitration. If we cannot resolve a dispute informally, you and we agree to binding arbitration administered by the American Arbitration Association in Chicago, Illinois, except that either party may seek injunctive relief in court for intellectual‑property infringement.
- Class Action Waiver. You agree to resolve disputes individually and not as part of a class action or representative proceeding.
13. Severability & Waiver
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to enforce it later.
14. Entire Agreement
These Terms, together with the Privacy Policy and any additional policies posted on the Site, constitute the entire agreement between you and Lucy’s Painting Gallery regarding use of the Site.
Lucy’s Painting Gallery – Privacy Policy
Last updated: May 16 2025
Lucy’s Painting Gallery (“we,” “our,” or “us”) operates a membership website that showcases painting tutorials, classes, and related content (the “Site”). Protecting your privacy is important to us. This Privacy Policy explains what personal information we collect, why we collect it, how we use it, and the choices you have. By using the Site, you agree to the practices described here.
1. Information We Collect
Account & Membership Data
- Name, email address, username, password
- Profile photo (if you upload one)
- Membership tier and purchase history
Payment Data (processed by Stripe)
- Cardholder name
- Billing address
- Stripe transaction IDs
(Full card details never touch our servers.)
Usage & Device Data
- IP address, browser type, referring page, device identifiers
- Pages visited and actions taken on the Site
- Collected automatically via Google Analytics and Google Search Console cookies and scripts
User‑Generated Content
- Artwork uploads, comments, messages, support tickets
- Media files are stored via Infinite Uploads (our cloud storage & CDN partner)
Communications
- Emails, chat transcripts, survey responses, and other messages you send us
2. How We Use Your Information
- Provide and maintain the Site, including membership features and paid content
- Legal basis (GDPR): Contractual necessity
- Process payments securely through Stripe
- Legal basis: Contractual necessity
- Improve performance, troubleshoot issues, and prevent fraud
- Legal basis: Legitimate interests
- Send marketing communications (newsletters, special offers)
- Legal basis: Your consent (you may opt out at any time) or our legitimate interests when allowed
- Comply with legal, tax, or accounting obligations
- Legal basis: Legal obligation
- Store and deliver large media files efficiently
- Legal basis: Contractual necessity
3. Cookies & Tracking Technologies
We use first‑party and third‑party cookies, pixels, and similar technologies to:
- Keep you logged in and remember preferences
- Understand how visitors navigate the Site (Google Analytics)
- Measure search performance (Google Search Console)
You can disable non‑essential cookies through your browser settings or our cookie banner. Some Site features may stop working if you do.
4. Sharing & Disclosure of Information
We never sell your personal data. We share it only when necessary to operate the Site and fulfill legal requirements:
- Stripe – processes all membership payments.
- Google Analytics & Search Console – provide aggregated traffic insights.
- Infinite Uploads – stores and delivers media files.
- Service Providers – trusted vendors for hosting, email delivery, and customer support, bound by confidentiality agreements.
- Legal & Safety Reasons – to comply with lawful requests, protect rights, or prevent security threats.
5. International Transfers
Our servers and many service providers are in the United States. If you access the Site from outside the U.S., your data will be transferred and processed here. We rely on Standard Contractual Clauses or comparable safeguards when required by law.
6. Data Retention
- Account data: kept while your membership is active, then archived for up to 5 years for tax and audit purposes.
- Payment records: retained for 7 years to meet IRS requirements.
- Analytics data: stored for 26 months (Google Analytics default).
- Support tickets: retained for 3 years after closure.
- Backup files: rotated every 30 days.
We will delete or anonymize data sooner if you submit a verified request and no legal obligation requires us to keep it longer.
7. Your Rights
Depending on your location, you may have the right to:
- Access, correct, or delete your personal data
- Object to or restrict certain processing activities
- Receive a portable copy of the data you provided
- Withdraw consent at any time (this will not affect prior lawful processing)
- Lodge a complaint with your local data‑protection authority
To exercise any of these rights, email privacy@lucyspaintinggallery.com. We may ask you to verify your identity before acting on your request.
California Residents: We do not “sell” or “share” personal information for cross‑context behavioral advertising. You may request a list of categories of personal information we disclosed for a business purpose in the past 12 months.
8. Security
We use industry‑standard safeguards, including:
- HTTPS encryption for all traffic
- Encryption at rest and in transit for sensitive data
- Least‑privilege access controls for employees and contractors
- Periodic penetration testing
- Stripe PCI‑DSS Level 1 certification
No system is perfectly secure, but we work hard to protect your information.
9. Children’s Privacy
The Site is not directed to children under 13, and we do not knowingly collect their data. If you believe a child has provided us personal information, contact us and we will delete it promptly.
10. Changes to This Policy
We may update this Privacy Policy from time to time. Material changes will be posted on the Site or communicated via email, and the “Last updated” date will change accordingly.