Terms of Use

Terms and Conditions

Please read these Terms of Use carefully before using Paintyourdestiny.com (the “Website,” or “we”), as well as any affiliated or associated websites and properties operated by the author. Your access to and use of the Website is conditioned on your acceptance of compliance with these Terms. These Terms shall apply to all visitors, users, and others who access or use the Website. We reserve the right to modify these terms at any time, so please check this page periodically for modifications. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website.

Disclaimer

This website includes details about the author’s personal experiences and opinions about art-as-therapy, healing, and mental well-being. The author does not represent or warrant that the information and content accessible via this Website is accurate, complete or current.

The author is not a mental health or healthcare provider and statements made on this Website do not constitute mental health diagnosis, treatment, or care. They are not intended to diagnose, treat, cure, or prevent any condition or disease. Please consult with your physician or mental health provider regarding the suggestions and recommendations made on this Website.

This Website, its content, and any merchandise contained therein are presented “as is.” No warranties of any kind, express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, are made by the company, its agents, affiliates, employees or officers. To the full extent permissible by Federal, state and local law, the author disclaims all warranties. The author is not responsible for any direct or indirect damages of any kind, including but not limited to any injury, loss, claim, or any special, exemplary, punitive, incidental or consequential damages of any kind, arising from the use of this Website.

You understand that this Website is not intended as a substitute for consultation with a licensed healthcare and mental health practitioner. The information and guidance found on this website may have a relaxing or “therapeutic” effect, as many art activities inherently induce, but they are not Art Psychotherapy (clinical). Before using or incorporating art or Art Therapy ideas for therapeutic purposes, you will consult your physician or licensed healthcare practitioner to ensure that you are first receiving proper mental health care and that the examples contained in this Website will not harm you.

You also understand that the information provided on this Website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the Website and its authors do not recommend or endorse the contents of any third-party sites.

Users of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this Website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Website authors, contributors, contributing law firms, or committee members and their respective employers.

The views expressed at, or through, this Website are those of the individual authors writing in their individual capacities only – not those of their related committees, organizations, or boards. All liability with respect to actions taken or not taken based on the content of this site are hereby expressly disclaimed. The content on this posting is provided “as is;” no representations are made that the content is error-free.

Copyright

No part of this Website and any affiliated websites and properties operated by author, including text, video and other contents may be downloaded, reproduced, republished, or transmitted in any form or by any means, without the prior written permission of the author of the Website. For permission requests, write to Ellen@Paintyourdestiny.com.

Products, Digital Downloads, & Content

We make every effort to display as accurately as possible the details of the products available on the site. However, we do not guarantee that the details of the products, digital downloads, or any content will be accurate, complete, reliable, current, or free of other errors. We reserve the right to discontinue any products at any time for any reason.

We do not guarantee that the products, offers, and materials sold and downloaded from this Website and any affiliated sites will attain a particular result. By using this Website, you accept and understand that results differ for individuals. You fully agree that there are no guarantees for specific outcomes or results for using the information you receive on this Website. We do not make any warranties concerning your likelihood of success or results of any kind. You understand that you are ultimately responsible for your own wellbeing, finances, business, health, and lifestyle choices. By using this Website, you assume all responsibility for any such risk.

Payment

Accepted forms of payment include check, PAYPAL, and ZELLE. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information on the site, including email address, payment method, and payment card expiration date, so that we may complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and you authorize us to charge your chosen payment provider for any such amounts, upon placing your order.

If your order of any product or package of sessions purchased through the site is subject to recurring charges, then you consent to your purchases and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the site. We may, in our sole discretion, limit or cancel quantities of purchases per person, per household, or per order. Such restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

Returns and Refunds

All sales are final and no refund will be issued (whether that is full or partial refund), mailing shipping, and handling included. All products offered on this Site are delivered by mail (USPS, UPS, or Fedex). You must contact the site admin before opening a formal dispute regarding issues with digital file access. A dispute claiming dissatisfaction regarding the content or quality of the product will not be considered for refund and you will be charged for our services.

When purchasing directly from this Site, if for any reason your payment has been withdrawn, canceled, or refunded back to your account after you have received confirmation of your purchase, you may be charged a $15 reprocessing fee when you are billed again for the service/product you received. This is to cover any reprocessing fees charged by PAYPAL or ZELLE if your payment method was through credit card transaction. A similar penalty or reprocessing fee may be tolled upon purchasers from the site in the event of a returned or bounced check. Please make sure your payment method is valid and contact Ellen@Paintyourdestiny.com before proceeding with a dispute to avoid fees.

Services: If you wish to terminate a private, one-on-one consultation, therapeutic art session, or life coaching session engagement, you must follow the procedures outlined in this paragraph. First, you must detail your reasons, complaints, and grievances verbally and must submit a request in writing to terminate the agreed service to Ellen Bucciarelli at Ellen@Paintyourdestiny.com. Refund will not be issued for services already rendered. In the event of an early termination of a service, you will be charged pro rata for sessions/package components used through the date of termination at the retail price (not package price) of each element at the date of termination. Cancellation fees may be charged, up to $50.00 USD, if not notified 48 hours in advance.

 

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey. User hereby submits, through use of the Website, to the exclusive jurisdiction of the Courts of the State of New Jersey and of any United States Courts located within that jurisdiction for purposes of any and all litigation arising out of the use this Website, or the purchase of any goods made through this Website. User waives any objections to conveniens, or any other jurisdictional ground.

As a user of the Website, you agree not to:

            1.         Systematically retrieve data or other content from the site to create or compile,                              directly or indirectly, a collection, compilation, database, or directory without                           written permission from the author.

            2.         Make any unauthorized use of the Site, including collecting usernames and/or                               email addresses of users by electronic or other means for the purpose of sending                                    unsolicited email, or creating user accounts by automated means or under false                              pretenses.

            3.         Use a buying agent or purchasing agent to make purchases on the site.

            4.         Use the site to advertise or offer to sell goods and services.

            5.         Circumvent, disable, or otherwise interfere with security-related features of the                             site, including features that prevent or restrict the use or copying of any content                         or enforce limitations on the use of the site and/or the Content contained therein.

6.         Engage in unauthorized framing of or linking to the site. 

7.         Trick, defraud, or mislead us and other users, especially in any attempt to learn     sensitive account information such as user passwords.

8.         Make improper use of our support services or submit false reports of abuse or        misconduct. 

9.         Engage in any automated use of the system, such as using scripts to send   comments or messages, or using any data mining, robots, or similar data gathering         and extraction tools. 

10.       Attempt to impersonate another user or person or use the username of another       user. 

11.       Use any information obtained from the site in order to harass, abuse, or harm         another person. 

12.       Use the site as part of any effort to compete with us or otherwise use the    site and/or the Content for any revenue-generating endeavor or commercial         enterprise. 

13.       Attempt to bypass any measures of the site designed to prevent or restrict access   to the site, or any portion of the site. 

14.       Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you. 

15.       Copy or adapt the site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 

16.       Use the site in a manner inconsistent with any applicable laws or regulations. 

ATCB Ethics Standards

https://www.atcb.org/wp-content/uploads/2020/07/ATCB-Code-of-Ethics-Conduct-DisciplinaryProcedures.pdf

 

AATA Ethics Standards

https://arttherapy.org/ethics/

 

Privacy Policy

This Privacy Policy informs you of policies regarding the collection, use and disclosure of personal information that Paintyourdestiny.com may receive and collect from users of the site (the “Website”).

By using the Website, you agree to the collection and use of information in accordance with this policy.

Information Collection & Use

While using the Website, you may be asked to provide certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, user name, e-mail address, telephone number, and location.

Except as otherwise disclosed to you, the Website will not sell or rent your personal information to any third parties without notifying you of our intent to share the personal information.

We may use your personal information collected within Paintyourdestiny.com and any affiliated websites and properties to:

  • Communicate with you through email, newsletter, inquiries, comment, messages, and notifications;

 

  • Provide offers, promotions, services, and information;

 

  • Improve the website and the services offered on the website;

 

  • Conduct and process transactions;

 

  • Protect the website, content, information, service providers, users, system, and others; and

 

  • For any other purposes for which the information is collected and maintained.

GDPR

Under the General Data Protection Regulation, residents of the European Economic Area (“EEA”) have the right to:

1. The right to be informed

2. The right of access

3. The right to rectification

4. The right to erasure

5. The right to restrict processing

6. The right to data portability

7. The right to object

8. Rights in relation to automated decision making and profiling.

Comments

When visitors leave comments on the site, we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

 

 

Cookies       

If you leave a comment on our site, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

 

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

 

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

 

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

 

Email & Communications

The Website may use your personal information to contact you with newsletters, marketing or promotional materials and other information.

In compliance with the CAN-SPAM Act, all e-mails sent to and from the Website will clearly state the sender and recipient. All recipients are allowed to opt-out of certain types of messages or stop all commercial messages from the Website by clicking unsubscribe.

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, by mail, and by telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site.

Security

The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use reasonable security measures to protect your personal information, we cannot guarantee its absolute security.

The Website has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services that may be linked in this website. You further acknowledge and agree that Paintyourdestiny.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Disclosure

As a general rule, we do not sell, rent, lease or otherwise transfer any information collected whether automatically or through your voluntary action.

We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you.

We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.

We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets and/or business.

We may disclose information when legally compelled to do so, in other words, when we, in good faith, belief that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our Website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obligated to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.