Terms

 

Terms

Edition Numbers

Discover the appeal of exclusivity with our limited-edition artworks, which reflect a commitment to artistic integrity and rarity. Each edition number indicates the total number of prints produced, regardless of size. For example, if an artwork is numbered 450, it means that only 450 pieces will ever exist across all dimensions. This careful approach preserves the uniqueness of each size variation within the overall edition. Once all 450 prints are sold, the edition will be permanently closed, ensuring that your selected artwork remains a cherished rarity.

Idea Submissions

We appreciate your interest in improving our Sites and Apps; however, please note that any ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.

Notice for California Users

This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916 445 1254 or 800 952 5210. 

Intellectual Property Notices

Our Sites and Apps are ©2025 Fiovida Gallery. All rights reserved. All trademarks and service marks on any of our Sites and Apps not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on any of our Sites and Apps should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

U.S. Site

Our Sites and Apps are controlled and operated from the State of Florida in the United States. Our Sites and Apps are not subject to the laws or jurisdiction of any state, country or territory other than that of the State of Florida in the United States. We do not represent or warrant that any of our Sites and Apps, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Fiovida.com do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Sites and Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. If you order a product from us for shipment outside the United States, you are solely responsible for the cost of shipment and for compliance with all applicable laws, regulations, duties, tariffs or other costs or responsibilities for receipt of the product in such other country.

Changes and Updates

We may revise these Terms from time to time, as well as our Terms of Sale or Privacy Policy. We will notify you of changes to these Terms by posting the amended terms on the Fiovida.com website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to these Terms by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new Terms, you should stop using the Fiovida.com website. Otherwise, the new terms will take effect after thirty (30) days. Continued use after changes take effect constitutes acceptance of the changes.

Miscellaneous

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. For any disputes not resolved by the arbitration provisions set forth in Section 14 below, you agree to submit to the exclusive jurisdiction of any State or Federal court located in Clark County, Florida, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicense able by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact: info@Fiovida.com.

Arbitration Agreement

Initial Dispute Resolution 
We are available by email at info@Fiovida.com to address any concerns you may have regarding our products or services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Terms of Service and Binding Arbitration Agreement 
IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED PURSUANT TO SECTION 14.1 ABOVE, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE AND BREACH), THE PARTIES’ RELATIONSHIP WITH EACH OTHER AND/OR YOUR USE OF THE SERVICES SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ON A NON-CONFIDENTIAL BASIS IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OF SERVICE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PROCEDURES AND RULES OF THE FEDERAL ARBITRATION ACT SHALL EXCLUSIVELY GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION AND THE PARTIES HEREBY REJECT, WAIVE AND DISCLAIM THE APPLICATION OF ANY STATE ARBITRATION ACT.

THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, CHIDEO WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND PIXX.COM WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CASES. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THERIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 14 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30 Day Right to Opt Out 
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Section 14 by sending written notice of your decision to opt-out to the following address: Fiovida Gallery 205 Elizabeth Street Key West, Fl 33040. The notice must be sent within thirty (30) days of your first use of the Sites and Apps, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Fiovida.com also will not be bound by them.

 

 

 

Terms of Sale

Ordering

When placing your order, please ensure that you provide all the necessary information, including your full name, shipping and billing addresses (we kindly ask to refrain from using P.O. Boxes), a contact telephone number, a valid email address, and an acceptable payment method. We strive for accuracy and cannot assume responsibility for any mis-delivery caused by incorrect information provided by our valued customers. 

Fiovida Gallery, we uphold the highest standards and reserve the right to refuse or cancel any order at our discretion. Should this happen, rest assured that your only remedy will be a prompt refund of any payments made for that order. Thank you for your understanding and cooperation!

Changes

Once you place an order, changes cannot be made, with the exception of the delivery address. If your order hasn’t been shipped yet, you can easily update the address by reaching out to our friendly customer service team at Fiovida Gallery via email at info@fiovida.com.

**Payment**

To ensure a smooth transaction, full payment is required at the time of purchase. We proudly accept a variety of payment methods:

- Credit Cards (Visa, MasterCard, American Express, Discover)

- PayPal

- Shop Pay (choose to pay in full or in installments)

- Affirm (enjoy the flexibility of paying over time)

- Any other payment options we may introduce in the future

In the event that a payment is declined, stopped, or fails to process for any reason, Fiovida Gallery reserves the right to cancel your order. If your order has already been shipped, please note that you are still responsible for the full payment. To safeguard our interests, Fiovida Gallery may pursue collection efforts, which could include reasonable attorney fees, collection agency costs, and interest charges of 1.5% per month (or the highest allowable rate by law, if lower).

Color Matching

You understand and agree that: (a) the colors displayed on a computer monitor may differ from the colors of our manufactured products, and (b) we do not guarantee that any online image will exactly match the colors of the final product.

Personal Data

All information submitted by you in connection with any order is governed by our Privacy Policy.

Sales Tax

You, our client, are solely responsible for any state, local, or federal sales tax, use tax, VAT, excise tax, import fees, or any other applicable taxes. Normally, if the Seller is required to collect these taxes from buyers, we will include those amounts in your Order. However, if, for any reason, these taxes are not included in the Order and the Seller is later required to pay them to any taxing authority, we will seek prompt reimbursement from you, the Client.

Delivery

Delivery times vary based on the shipping option you select when placing your order. For Limited Edition purchases, please allow at least 8-10 weeks for shipping. Retail products typically ship within 1-3 days, in addition to the time required for the shipping method you chose. 

Ownership and risk of loss for any purchases transfer to you once we hand over your order to our carrier. If your print arrives damaged or broken, please contact us! We are happy to replace it; however, we will need a picture of the damage. Email us at info@fiovida.com

Please note that requests for replacements must be submitted within 30 days of delivery and must include a copy of the shipping receipt and photographic proof of the damage. This information is necessary for us to assess whether the damage occurred during shipping. 

If your request for a replacement is approved, we will provide a new print at no cost to you. However, you will be responsible for the return shipping costs of the damaged print, as well as the shipping costs for the replacement print.

**Shipping Problems/Damage Notification**

To report any shipping defects or damage, please notify us within 30 days of delivery. Your notification must include the shipping receipt and photographic proof of the damage for us to investigate and determine if the damage occurred during shipping.

Cancellations

All works are custom orders. Production of the purchased item(s) begins immediately after the order is placed, and shipment occurs as soon as production is complete. Therefore, the item(s) cannot be canceled, returned, or refunded at any time. 

Due to the significant production costs incurred once work has begun, any request to cancel an order or modify the produced item (e.g., changing size or design) will incur a 50% restocking fee. Given our shipping and production timelines, produced and shipped item(s) are non-cancelable, non-returnable, non-exchangeable, and non-refundable.

Acceptance of Artwork

Since fine art is fragile, it is important to inspect the Artwork right after you receive it. If the Artwork is damaged or does not match the Order, the Client must notify the Seller in writing no later than seven (7) days after receiving the Artwork. If the notification is not provided within this timeframe, the Artwork will be considered accepted.

Packaging & Shipping

Fiovida Gallery commitment to in-house production extends through the crucial final step—packing and shipping. This stage receives the same meticulous care and precision as every other part of our process, ensuring your fine art is fully safeguarded in transit. Using only premium packing materials and proven, detail-oriented techniques, we add an extra layer of protection. By keeping every aspect under one roof, we uphold the highest standards from creation to delivery.

Returns

If you are not completely satisfied with your Fiovida Gallery retail purchase for any reason, you may return the item (return shipping costs are your responsibility) within 14 days of receipt. You will receive store credit for a future purchase. 

**Limited Edition, Artist Proofs**

Fiovida Gallery Limited Editions and Artist Proofs are custom-made, and therefore, we are unable to offer returns or exchanges. Each Limited Edition is custom produced to order; once your order is placed, we cannot make changes to your artwork.

**Exclusions from Returns: **  

If your use of our site or services has been terminated due to a violation of our Terms of Sale or Terms of Use, we reserve the right to refuse any returns from you.

Copyright and Reproduction

All copyright rights, including, but not limited to, reproduction and trade dress rights (collectively referred to as the "Copyright"), for the Artwork are expressly reserved by the Seller and Artist. This Agreement does not grant the Client any sale or license of the Copyright. The Client is prohibited from reproducing or copying the Artwork without prior written permission. The Artist's signature and/or the copyright notice, as they appear on or near the Artwork at the time of sale, must not be removed or concealed. The Artist must always receive credit for authorship in connection with the Artwork.

General

All orders and transactions are subject to the Terms of Use policy of Fiovida.com. This includes, but is not limited to, limitations on damages and exclusions of warranties outlined in the policy. The Terms of Use also contain important provisions for the arbitration of disputes, which you should review.

Please note that descriptions, images, references, features, content, specifications, products, prices, and availability of any products or services are subject to change without notice. Our current prices can be found on our Sites and Apps. We do not assume responsibility for any errors in listed prices or other information, and we reserve the right to correct these errors at any time. Orders are not final or binding until accepted by us.

We also reserve the right, with or without prior notice, to limit the available quantity of, or to discontinue, any product or service. We may honor or impose conditions on the acceptance of any coupon, coupon code, promotional code, or similar promotions. Additionally, we reserve the right to bar any user from making any or all purchases and/or to refuse to provide any user with any product or service.

Fiovida.com is not responsible for any delays or failures in delivery due to circumstances beyond our control. This includes, but is not limited to, acts of God, war, terrorism, embargoes, quarantines, accidents, fires, explosions, floods, severe weather, epidemics, riots, civil disturbances, unavailability of labor or transportation, or any other similar or dissimilar causes.

You are responsible for the proper and safe handling of any prints or products you order from us. To the extent permitted by law, Fiovida.com’s liability for any claim related to a product purchased from us is limited to the amount you paid for that product.

 

 

Terms Of Use

Welcome to Fiovida.com. Please read these Terms of Use ("Terms") carefully, as they outline the legal terms and conditions governing your use of and access to our websites, mobile sites, and mobile applications (collectively referred to as our "Sites and Apps"). By visiting any of our Sites and Apps, you agree to abide by these Terms and our Privacy Policy. Any products ordered or services used through our Sites and Apps are also governed by these Terms, as well as our Terms of Sale.

Occasionally, we may offer opportunities to participate in sweepstakes, contests, or similar promotions, each of which will have additional terms that you must accept in order to participate. We reserve the right to modify or discontinue our Sites and Apps, in whole or in part, at any time and at our sole discretion.

Please note that these Terms include an arbitration and class action waiver provision in the "Arbitration" section below, which may affect your rights in relation to any disputes between you and us or our affiliates.

Your Use of Our Sites and Apps

You may access and use our Sites and Apps solely for your personal, noncommercial use. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of any portion our Sites and Apps. While using any of our Sites and Apps, you agree not to:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity.

2. Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information.

3. Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, by means of: "hacking" or defacing any portion our Sites and Apps; using mechanisms, software or other scripts capable of disrupting the function of the Sites and Apps; imposing any unreasonable or excessive burden on the Sites and Apps infrastructure; or otherwise attempting to block, overwrite or modify any contents, or otherwise cause disruption to the functioning of the Sites and Apps.

4.  Violate any applicable laws or regulations.

5.  Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

6. Engage in spamming.

7. Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items.

8.  Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and Apps; and

9. Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps.

If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites and Apps.

You have the option to create an account to assist you in placing orders. You also can order and checkout as a guest without creating an account. But if you choose to do so, then you won't enjoy the benefits of having an account, which include the easy ability to track the status of orders and to save time when placing new orders. The choice is yours. If you do choose to create an account, please keep your username and password confidential; you are responsible for any access to your account using your username and password. We reserve the right to cancel or reject any account or any order at any time in our discretion.

Third-Party Sites, Software and Services

Our Sites and Apps may direct you or link to sites, software or services owned or operated by third parties. We do not endorse or approve any such sites or services, and we have no responsibility for them. You are responsible for any business you choose to conduct with any other party. We encourage you to read the terms of service, privacy policy, and any other similar documents relating to any third-party site or service. 

Other sites may provide links to our Sites and Apps with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Sites and Apps, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

We will have the right, at any time and in our sole discretion, to block links to our Sites and Apps through technological or other means without prior notice.

Copyright

While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Sites and Apps to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Sites and Apps should be sent to copyrightclaims@godaddy.com.

Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS OR OUR TERMS OF SALE, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS MADE THAT OUR SITE OR APPS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR THAT THEY WILL OPERATE WITHOUT ERRORS. THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE "FIOVIDA.COM PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE FIOVIDA.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE FIOVIDA.COM PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE FIOVIDA.COM PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE FIOVIDA.COM PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Privacy Policy

Information We Collect

**Personal Information**  

We do not collect personally identifiable information about you unless you voluntarily provide it when placing an order or submitting an inquiry. This information may include your mailing address, telephone number, email address, username, password, and credit card information for order processing.

**Non-Personal Information**  

We also collect other types of data periodically, such as: 

- Type of browser and operating system.  

- Mobile application usage data.  

- Aggregated information, including "click stream" data, which refers to entry and exit points (including referring URLs or domains), traffic statistics, page views, and impressions—all of which are collected automatically.  

- Demographic information you choose to submit, which we may combine anonymously with similar information from other users.  

- Information collected through cookies, web beacons, pixel tags, and other technologies described later in the Cookies and Web Beacons section of this Privacy Policy.  

- Device information, including device type, operating system, and identifier.  

These types of information generally do not identify you as an individual, and we will not attempt to associate them with you personally. However, please understand that others may try to do so, and we cannot guarantee that parties with whom we share such information will not succeed in re-identifying or associating non-personal information with specific individuals.

How We Use Information

We may use your personal information for the purposes described in this Privacy Policy or as otherwise communicated to you through the Fiovida.com online services. This includes the following:

- Processing and managing your purchases and use of our products and services.

- Responding to your inquiries or requests and posting your comments or statements on message boards or in our online forums.

- Creating and delivering personalized promotions based on your purchases and other interactions with us.

- Sending you communications about offerings from Fiovida.com and our affiliated companies.

- Improving our online services, which includes performing data analysis, audits, fraud monitoring and prevention, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.

Use or Sharing of Personal Information

Except as outlined below, we will not knowingly disclose your Personal Information to anyone outside of Fiovida.com or our affiliated companies (collectively referred to as “Fiovida.com”):

**To Perform Services for You**  

We may share your Personal Information with third-party service providers to assist us in delivering services such as website hosting, information technology, customer service, shipping of prints, email delivery, auditing, and other similar services necessary for our online operations and the services you request.

**Corporate Transactions or Events**  

We may disclose your information to third parties in connection with corporate reorganizations, mergers, sales, joint ventures, assignments, transfers, or other transactions involving all or part of our business, assets, or stock, including during bankruptcy or similar proceedings.

**Compliance with the Law**  

We may use or disclose your Personal Information as we believe is necessary or appropriate: (1) in accordance with applicable law, including laws outside your country of residence; (2) to respond to requests from public and governmental authorities, including those outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may incur; (5) to protect our operations or those of our affiliated companies, including for fraud detection and prevention; (6) to protect the rights, privacy, safety, or property of Fiovida.com or others; and (7) to enforce our terms and conditions.



Third Party Marketing
We may share your contact information with selected third-party marketers so they can send you information about products or services that may interest you. If you would like us to stop sharing your information with our third-party marketing partners, please opt-out by emailing us your request at info@lfiovida.com.

Use or Sharing of Non-Personal Information

Non-personal information can be utilized for any lawful purpose. For instance, we may collect, store, publish, promote, report, sell, or otherwise disclose or use any information that does not identify a specific individual (or has been modified to eliminate individual identification.

Cookies, Web Beacons and Online Advertising

**What Are Cookies? **

Fiovida.com and its agents use small text files known as cookies (collectively referred to as “Cookies”). Cookies are small pieces of data that we and our agents store in your computer’s browser to remember your preferences. While Cookies do not by themselves contain personally identifiable information, they can be linked to Personal Information that you provide during your online interactions with us. A Cookie typically contains the name of the domain (the internet location) from which it originated, its “lifetime” (i.e., when it expires), and a value, usually a randomly generated unique number.

**How We Use Cookies**

We use Cookies to enhance your online experience. For example, they help us remember you when you return to visit our site and make the content you see more relevant to you. Cookies also allow us to track online purchases made through the Fiovida.com services.

**Your Control of Cookies**

Web browsers provide some control over most Cookies through their settings. To learn more about Cookies, including how to view what Cookies have been set on your device and how to manage or delete them, please visit www.allaboutcookies.org. However, please note that if you disable Cookies, some features of the Fiovida.com services may not function as well, or may not work at all.

Social Networking and Third Party Sites

When you sign in or link to Fiovida.com through any social networking service, such as Facebook, any information you supply (or have supplied) to us becomes subject to the privacy policy of that social network/service. We do not control, and are not responsible for, the privacy practices of such networks or services. You should consult the privacy policy of such networks/services. If you post information in a public forum it becomes public information. The Fiovida.com online services may provide links to other sites or services. If you use such other sites or services, check their privacy policies. We are not responsible for the privacy practices of any other site or service.

When you sign in to Fiovida.com or connect through a social networking service like Facebook, any information you provide will be subject to that social network's privacy policy. We do not control and are not responsible for the privacy practices of these networks or services, so we recommend that you review their privacy policies. 

Additionally, if you post information in a public forum, it will become public information. The Fiovida.com online services may include links to other sites or services. If you choose to use those sites or services, please check their privacy policies, as we are not responsible for their privacy practices.

Children

The online services provided by Fiovida.com are not designed for children under the age of 18. We do not knowingly collect personally identifiable information from children under the age of 18. If we discover that we have gathered any personally identifiable information about a child under 18, we will promptly delete that information.

Security

We make every effort to implement reasonable safeguards to protect against the loss, misuse, and unauthorized access, disclosure, or modification of Personal Information provided or collected through the Fiovida.com online services. However, it is important to note that no system is infallible, and we cannot guarantee that unauthorized access or theft will never occur.

Retention of Information

We do not retain credit card or payment information after a transaction is completed. This means you will need to re-enter your information for each subsequent transaction, but it helps reduce the risk of sensitive data being accessed by unauthorized individuals. After any transaction is finalized, we will keep a record of other information related to your order (such as what you ordered). Unless you request the deletion of your information by contacting us, we may retain it for backup, archival, legal, and audit purposes.

**Managing Your Account Information and Communication Preferences**

If you have any questions about this Privacy Policy or our privacy practices, please email us at info@Fiovida.com. You can also reach us by mail at: Fiovida Gallery 205 Elizabeth Street Key West, Fl 33040

Additionally, if you wish to exclude your personal information from our direct marketing activities, or if you would like to update or delete your email address, mailing address, or other personal information, or manage the communications you receive from us, please contact us at info@Fiovida.com.

Changes and Updates

We will notify you of changes to this Privacy Policy by posting the revised terms on the Fiovida.com website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also inform you of significant changes to this Privacy Policy by sending an email to the address you most recently provided, at least thirty (30) days prior to the effective date.

We encourage you to keep your email address up to date and to promptly notify us of any changes, so that you can receive any notifications we send regarding important updates to this Privacy Policy. If you do not agree to the new terms, you should stop using the online services at Fiovida.com. If you are a registered user, you may cancel your account within the thirty (30) day period by contacting us at info@Fiovida.com, and you will not be bound by the new terms. If you do not cancel your account, the new terms will take effect after thirty (30) days.