Terms & Conditions
Effective January 2007 – Updated For October 2015
This Site is operated on behalf of MWenzel Graphic & Web Design for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Site, including the text, images, audio, or video, for public or commercial purposes, without MWenzel Graphic & Web Design prior written permission. Your access to and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not accept these Terms and Conditions, you should not visit or use the Site.
- Assume that everything you see or read on the Site is protected by copyright unless otherwise noted and may not be used except as expressly provided in these Terms and Conditions without MWenzel Graphic & Web Design prior written permission. MWenzel Graphic & Web Design neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with MWenzel Graphic & Web Design.
- MWenzel Graphic & Web Design uses reasonable efforts to include accurate and up to date information in the Site; however, MWenzel Graphic & Web Design makes no warranties or representations as to its accuracy. MWenzel Graphic & Web Design assumes no liability or responsibility for any errors or omissions in the content of the Site.
- Your use of the Site is at your own risk. MWenzel Graphic & Web Design nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS”; WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. MWenzel Graphic & Web Design also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
- Images of people or places displayed on the Site are either the property of, or used with permission by, MWenzel Graphic & Web Design The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks used by MWenzel Graphic & Web Design, or other third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of MWenzel Graphic & Web Design or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks or any other content on the Site is strictly prohibited, except as specifically authorized in these Terms and Conditions. You are advised that MWenzel Graphic & Web Design will aggressively enforce its intellectual property rights to the fullest extent of the law, including, when appropriate in its discretion, the seeking of criminal prosecution.
- MWenzel Graphic & Web Design has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
- MWenzel Graphic & Web Design is under no obligation to monitor any posting or transmission to or about the Site and assumes no responsibility or liability arising from the content of any such posting or transmission nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein or related thereto. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. MWenzel Graphic & Web Design will fully cooperate with any law enforcement authorities or court order requesting or directing MWenzel Graphic & Web Design to disclose the identity of anyone posting any such information or materials.
- Software from this Site may be subject to United States Export Controls. No software from this Site may be downloaded or exported into or to a national or resident of any country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- MWenzel Graphic & Web Design may at any time revise these Terms and Conditions by updating this posting and may also make changes to the content or any links at anytime. You are bound by any revisions and should therefore periodically visit this page to review Terms and Conditions to which you are bound.
We can be reached by email at
MWenzel Graphic & Web Design, the owner of the www.mwenzelgfx.com web site, values individual privacy, and we want to give our web site visitors the opportunity to know what information we collect about them and how MWenzel Graphic & Web Design collects, protects, uses, discloses and otherwise manages the information gathered, in conformance with applicable law. At certain points on the www.mwenzelgfx.com web site, you may be asked to submit information that may personally identify you (“Personal Information” or “Personally Identifiable Information”). All Personally Identifiable Information that we gather is collected in a fair and non-intrusive manner, with your consent, in order to better serve you. Personally Identifiable Information that you submit via this web site is only accessible to MWenzel Graphic & Web Design employees, contractors and service providers who need the information for the purposes for which it is collected or as you consent.
Collection and Use of Personal Information
For the areas of the www.mwenzelgfx.com web site where the collection of Personally Identifiable Information is necessary, you will be aware that such information is required because you will have to complete an online form. We may collect Personally Identifiable Information from you, for example, when you visit areas on the www.mwenzelgfx.com where you can submit your name, address and/or other Personal Information in order to: enter a MWenzel Graphic & Web Design sweepstakes, receive a newsletter, etc. The Personal Information that you submit is gathered only on a voluntary basis; you may choose not to provide Personal Information and you will still be able to visit most of the web site, although you may not be able to participate in certain interactive activities.
We may collect limited Personally Identifiable Information, including, but not limited to your name and/or any “Nickname”, date of birth, email and postal address and any other information that would allow someone to identify or contact you. We may also collect limited Personal Information about others from you including, but not limited to, name and email address.
We may collect Personal Information for one of several different purposes, for example:
- to administer your participation in a contest or sweepstakes and for other purposes stated on the entry form, such as to allow us to contact you notification of a potential prize you may have won
- to allow us to send you the specific information or materials that you have requested, such as a coupon or other materials
- to enable you to communicate with friends, for example, to send an electronic a notice about a promotion, or to respond to an email or other inquiry or request
- to help improve our web site and our services, or to customize your experience at our web site.
We may combine this information with other generally or publicly available information to help us identify our visitors’ preferences or interests
You can choose not to allow us to use or your Personally Identifiable Information for direct marketing purposes by indicating your preference at the time of collection, by responding to the promotional email in the manner provided for or by contacting our Privacy Officer at firstname.lastname@example.org . If you have not opted-out of receiving marketing materials, we may also use, but will not disclose, your Personal Information to promote and market additional goods, services and special offers from us and our affiliates. Otherwise, we do not provide your information to third parties for their own direct marketing purposes. At any time you may “opt out” of future contacts by un-subscribing from our contact list.
We sometimes use the non-Personally Identifiable Information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We may use this information in the aggregate (grouped with information from other users) to analyze site usage, as well as to offer you products, programs, or services.
Typically, we will seek consent for the use of your Personal Information at the time of collection. In certain circumstances, consent may be sought after the information has been collected but before use (for example when we want to use information for a use not previously identified). The form of consent we seek, including whether it is express or implied, will largely depend on the sensitivity of the information and the reasonable expectations of the individual in the circumstances. You may withdraw consent at any time, subject to legal and contractual restrictions and reasonable notice. If you wish to withdraw consent, please contact our Privacy Officer in the manner described below. We will inform you of the implications of withdrawing consent at or before the time of withdrawal.
We will not, as a condition of the supply of a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and required purposes for which the information is being required.
Sharing of Personal Information
Although we make every effort to preserve user privacy, we may need to disclose Personally Identifiable Information in certain limited circumstances, specifically:
- To comply with a judicial proceeding, a court order, or subpoena, or as otherwise may be required by law
- To enforce our policies or contracts, or to collect amounts owed to us
- To protect users of our sites and our sites from fraudulent or abusive use
- To protect MWenzel Graphic & Web Design rights or property (including without limitation in the event of a bankruptcy, merger, acquisition, or transfer of control or assets or other business venture involving MWenzel Graphic & Web Design, or any of the business or assets of MWenzel Graphic & Web Design)
- During emergencies when safety is at risk, as determined by MWenzel Graphic & Web Design6. Or otherwise where necessary for the establishment, exercise or defense of legal claims. The Personally Identifiable Information you provide is considered a company asset and may be included among transferred assets if MWenzel Graphic & Web Design or any or all of their subsidiaries or affiliates or any of their assets is ever acquired by a third party. In addition, from time to time, server logs may be reviewed for security purposes; for example, to detect unauthorized activity on the web site. In such cases, server log data, containing IP addresses, would be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
Cookies and Other Information Collected Using Technology
When you visit the www.mwenzelgfx.com web site, we may collect some information about you using software or other technology where it may not be readily apparent to you that it is being collected. For instance, when you come to our site your IP address is collected so that we know where to send information you are requesting. An IP address is often associated with the place from which you enter the Internet like your ISP (Internet service provider), your company, or your school. The following information is logged by our web servers during visits to the web site: IP addresses, type of operating system, time and duration of visit, web pages visited and browser type. We do not link server log information to any other information in a way that would enable the identification of visitors to the web site. We may analyze server log information in order to improve the web site and to customize the web site for users.
Banner Advertisements and Links to Other Sites
Note to Parents/Guardians
MWenzel Graphic & Web Design takes special measures to help maintain and protect the personal privacy of children under 13 years of age for the purposes of complying with the Children’s Online Privacy and Protection Act of 1998 (“COPPA”) in the United States.
The www.mwenzelgfx.com web site is a general audience site that is neither designed nor intended to collect any Personally Identifiable Information from children under the age of 13.
At the www.mwenzelgfx.com web site we have put in to place certain screens to ensure that children under 13 do not submit Personally Identifiable Information, and we do not knowingly accept any information from children under the age of 13. However, if the parent or legal guardian of a child under 13 believes that the child has provided us with Personally Identifiable Information, the parent or guardian of that child should contact us at email@example.com if they want this information deleted from our files. If MWenzel Graphic & Web Design otherwise obtains knowledge that it has Personally Identifiable Information about a child under 13 in its files, we will delete that information from out existing files so that it is not in retrievable form.
Data Integrity and Security
We strive to keep any information you provide as secure as possible, and we require our agents, affiliates and service providers to follow the same high standards. We have implemented technical and organizational measures designed to help secure your Personally Identifiable Information from theft, accidental loss, and from unauthorized access, use, alteration, disclosure or destruction.
MWenzel Graphic & Web Design takes reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current.
To provide you with an increased level of security online, access to your Personal Information on certain of our web sites may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication
How You Can Access, Control and Update Information About You
We want to be sure that we keep only the most accurate and up-to-date Personal Information in our records. Therefore, whenever you believe that your Personal Information needs to be updated, you can email us at firstname.lastname@example.org to update your contact information.
You may choose at any time to remove your name, telephone numbers, and postal and email addresses from the lists we use to send notices or updates and elect not to receive correspondence from us by sending us an email at email@example.com
You may contact the Privacy Officer to access or update your Personal Information. If necessary, the Privacy Officer will contact another employee to assist in completing your requested task.
To protect your privacy, we will take reasonable steps to help verify your identity before granting access or making changes.
If you have any questions or complaints, please contact the Privacy Officer.
The Privacy Officer can be reached by:
We will address your concern and attempt to resolve any problem. If the Privacy Officer does not satisfactorily address a complaint within thirty (30) days, any dispute, controversy or claim shall be settled by an arbitration administered by the American Arbitration Association (#8220;#8221). All arbitrations will be conducted in English. Judgment rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitration will be borne equally by the parties. Connecticut, U.S.A. shall be the site of all hearings, and such hearings shall be before a single arbitrator. You may also submit complaints to the Federal Trade Commission at http://www.ftc.gov/ftc/complaint.htm or via phone at (202) 326-2222.
MWenzel Graphic & Web Design 2015