DreamofInk.com user agreement
TERMS OF USE
(Effective December 1, 2011)
1. INTRODUCTION AND ACCEPTANCE
Welcome to DreamofInk.com.com
(“Website”), an interactive online service
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE
WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS
OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE,
WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 16 BELOW. IF YOU DO
NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
You agree that these Terms of Use are supported by good and
valuable consideration, the receipt and sufficiency of which you hereby
acknowledge. Such consideration includes, without limitation, your use of the
Website and the materials and information available on the same and the
publication or publicity of your User Content (as defined in Section 5).
In addition to these Terms of Use, we have established a
Privacy Policy to explain how we collect and use information about you. A copy
of this Privacy Policy can be found within this website, and is incorporated by
reference into these Terms of Use. By accessing or using the Website, you are
also signifying your acknowledgement and agreement to our Privacy Policy.
2. INTELLECTUAL PROPERTY
The Website and included content (and any derivative works
or enhancements of the same) including, but not limited to, all text,
illustrations, files, images, software, scripts, graphics, photos, sounds,
music, videos, information, content, materials, products, services, URLs,
technology, documentation, and interactive features (collectively, the
“Website Content”) (and all intellectual property rights to the same)
are owned by us, our licensors, or both. Additionally, all trademarks, service
marks, trade names and trade dress that may appear on the Website are owned by
us, our licensors, or both. Except for the limited use rights granted to you in
these Terms of Use, you shall not acquire any right, title or interest in the
Website or any Website Content. Any rights not expressly granted in these Terms
of Use are expressly reserved.
3. WEBSITE ACCESS AND USE
(A) Access to the Website including, without limitation, the
Website Content is provided for your information and personal, non-commercial
use only. When using the Website, you agree to comply with all applicable
federal, state, and local laws including, without limitation, copyright law.
Except as expressly permitted in these Terms of Use, you may not use,
reproduce, distribute, create derivative works based upon, publicly display,
publicly perform, publish, transmit, or otherwise exploit Website Content for
any purpose whatsoever without obtaining prior written consent from us or, in
the case of third-party content, its respective owner. In certain instances, we
may permit you to download or print Website Content or both. In such a case,
you may download or print (as applicable) one copy of Website Content for your
personal, non-commercial use only. You acknowledge that you relinquish and/or
do not acquire any ownership rights by downloading or printing Website Content.
(B) Furthermore, except as expressly permitted in these
Terms of Use, you may not:
(i) remove, alter (except to edit material in your own
account), cover, or distort any copyright, trademark, or other proprietary
rights notice on the Website or Website Content;
(ii) circumvent, disable or otherwise interfere with
security-related features of the Website including, without limitation, any
features that prevent or restrict use or copying of any content or enforce
limitations on the use of the Website or Website Content;
(iii) use an automatic device (such as a robot or spider) or
manual process to copy or “scrape” the Website or Website Content for
any purpose without our express written permission. Notwithstanding the
foregoing, we grant public search engine operators permission to use automatic
devices (such as robots or spiders) to copy Website Content from the Website
for the sole purpose of creating (and only to the extent necessary to create) a
searchable index of Website Content that is available to the public. We reserve
the right to revoke this permission (generally or specifically) at any time;
(iv) collect or harvest any personally identifiable
information from the Website including, without limitation, user names,
passwords, email addresses;
(v) solicit other users to join or become members of any
commercial online service or other organization without our prior written
approval;
(vi) attempt to or interfere with the proper working of the
Website or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any
portion of any the Website;
(viii) use network-monitoring software to determine
architecture of or extract usage data from the Website;
(ix) encourage conduct that violates any local, state or
federal law, either civil or criminal, or impersonate another user, person, or
entity (e.g., using another person’s Membership (as defined in Section 4(B))
without permission, etc.);
(x) violate U.S. export laws, including, without limitation,
violations of the Export Administration Act and the Export Administration
Regulations administered by the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any
other user, person or entity from using or enjoying the Website.
(C) You agree to fully cooperate with us to investigate any
suspected or actual activity that is in breach of these Terms of Use.
4. USER REGISTRATION
(A) In order to access or use some features of the Website,
you may have to become a registered user. If you are under the age of thirteen,
then you are not permitted to register as a user or otherwise submit personal
information.
(B) If you become a registered user, you will provide true,
accurate and complete registration information and, if such information
changes, you will promptly update the relevant registration information. During
registration, you will create a user name and password (a
“Membership”), which may permit you access to certain areas of the
Website not available to non-registered users. You are responsible for
safeguarding and maintaining the confidentiality of your Membership. You are
solely responsible for the activity that occurs under your Membership, whether
or not you have authorized the activity. You agree to notify us immediately at tattoos@dreamofink.com of any breach
of security or unauthorized use of your Membership.
5. USER CONTENT
(A) We may now or in the future permit users to post,
upload, transmit through, or otherwise make available on the Website
(collectively, “submit”) messages, text, illustrations, files,
images, graphics, photos, comments, sounds, music, videos, information,
content, and/or other materials (“User Content”). Subject to the
rights and license you grant herein, you retain all rights, title and interest
in your User Content. We do not guarantee any confidentiality with respect to
User Content even if it is not published on the Website. It is solely your
responsibility to monitor and protect any intellectual property rights that you
may have in your User Content, and we do not accept any responsibility for the
same.
(B) You shall not submit any User Content protected by
copyright, trademark, patent, trade secret, moral right, or other intellectual
property or proprietary right without the express permission of the owner of
the respective right. You are solely liable for any damage resulting from your
failure to obtain such permission or from any other harm resulting from User
Content that you submit.
(C) You will not submit any User Content that:
(i) violates or infringes in any way upon the rights of
others, including, but not limited to, any copyright, trademark, patent, trade
secret, moral right, or other intellectual property or proprietary right of any
person or entity;
(ii) impersonates another or is unlawful, threatening,
abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane, pornographic, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a
solicitation of funds;
(v) includes personal information such as messages which identify
phone numbers, social security numbers, account numbers, addresses, or employer
references;
(vi) contains a formula, instruction, or advice that could
cause harm or injury; or
(vii) is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion
restricts or inhibits any other user from using or enjoying the Website will
not be permitted.
(D) By submitting User Content to us, simultaneously with
such posting, you automatically grant, or warrant that the owner has expressly
granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive,
fully sublicensable, and transferable right and license to use, reproduce,
distribute, create derivative works based upon (including, without limitation,
translations), publicly display, publicly perform, transmit, and publish the
User Content (in whole or in part) as we, in our sole discretion, deem
appropriate including, without limitation, (1) in connection with our business;
and (2) in connection with the businesses of our successors, parents,
subsidiaries, and their related companies. We may exercise this grant in any
format, media or technology now known or later developed for the full term of
any copyright that may exist in such User Content. Furthermore, you also grant other
users permission to access your User Content and to use, reproduce, distribute,
create derivative works based upon, publicly display, publicly perform,
transmit, and publish your User Content for personal, non-commercial use as
permitted by the functionality of the Website and these Terms of Use.
(E) By submitting User Content, you also grant us the right,
but not the obligation to use your biographical information including, without
limitation, your name and geographical location in connection with broadcast,
print, online, or other use or publication of your User Content.
Notwithstanding the foregoing, you waive any and all claims you may now or
later have in any jurisdiction to so-called “moral rights” or rights
of “droit moral” with respect to the User Content.
(F) We reserve the right to display advertisements in
connection with your User Content and to use your User Content for advertising
and promotional purposes. You acknowledge and agree that your User Content may
be included on the websites and advertising networks of our distribution
partners and third-party service providers (including their downstream users).
(G) We have the right, but not the obligation, to monitor
User Content. We have the right in our sole discretion and for any reason whatsoever
to edit, refuse to post, remove, or disable access to any User Content.
6. WEBSITE CONTENT & THIRD PARTY LINKS
(A) We provide the Website including, without limitation,
Website Content for educational, informational, entertainment and promotional purposes
only. You may not rely on any information and opinions expressed on any of our
Website for any other purpose. In all instances, it is your responsibility to
evaluate the accuracy, timeliness, completeness, or usefulness of Website
Content. Under no circumstances will we be liable for any loss or damage caused
by your reliance on any Website Content.
(B) In many instances, Website Content will include content
posted by a third-party or will represent the opinions and judgments of a
third-party. We do not endorse, warrant and are not responsible for the
accuracy, timeliness, completeness, or reliability of any opinion, advice, or
statement made on the Website by anyone other than authorized employees or
spokespersons while acting in their official capacities.
(C) If there is a dispute between persons accessing the
Website or between persons accessing the Website and any third party, you
understand and agree that we are under no obligation to become involved. If
there is such a dispute, you hereby release DreamofInk.com
and its officers, directors, employees, parents, partners, successors, agents,
affiliates, subsidiaries, and their related companies from claims, demands, and
damages of every kind or nature arising out of, relating to, or in any way connected
with such dispute.
(D) The Website may contain links to other websites
maintained by third parties. We do not operate or control, in any respect, or
necessarily endorse the content found on these third-party websites. You assume
sole responsibility for your use of third-party links. We are not responsible
for any content posted on third-party websites or liable to you for any loss or
damage of any sort incurred as a result of your dealings with any third-party
or their website.
7. INDEMNIFICATION
You agree to indemnify and hold harmless DreamofInk.com and its officers, directors,
employees, parents, partners, successors, agents, distribution partners,
affiliates, subsidiaries, and their related companies from and against any and
all claims, liabilities, losses, damages, obligations, costs and expenses
(including reasonable attorneys’ fees and costs) arising out of, related to, or
that may arise in connection with: (i) your access to or use of the Website;
(ii) User Content provided by you or through use of your Membership; (iii) any
actual or alleged violation or breach by you of these Terms of Use; (iv) any
actual or alleged breach of any representation, warranty, or covenant that you
have made to us; or (v) your acts or omissions. You agree to cooperate fully
with us in the defense of any claim that is the subject of your obligations
hereunder.
8. DISCLAIMERS
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR
SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED
BY LAW, DreamofInk.com AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION
PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY
AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET
YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR
WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5)
WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE
WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
9. LIMITATION ON LIABILITY
(A) UNDER NO CIRCUMSTANCES SHALL DreamofInk.com
OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS,
AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED
COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (EVEN IF DreamofInk.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO,
OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE
CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE
WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF DreamofInk.com
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS,
AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED
COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY DreamofInk.com DURING THE PRECEDING TWELVE (12)
MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE
TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(C) In some jurisdictions limitations of liability are not
permitted. In such jurisdictions, some of the foregoing limitations may not
apply to you. These limitations shall apply to the fullest extent permitted by
law.
10. TERMINATION
(A) We reserve the right in our sole discretion and at any
time to terminate or suspend your Membership and/or block your access to the
Website for any reason including, without limitation if you have failed to
comply with the letter and spirit of these Terms of Use. You agree that ToSaveTheUsa.com shall not be liable to you or any
third party for any termination or suspension of your Membership or for
blocking your access to the Website.
(B) Any suspension or termination shall not affect your
obligations to us under these Terms of Use. The provisions of these Terms of
Use which by their nature should survive the suspension or termination of your
Membership or these Terms of Use shall survive including, but not limited to
the rights and licenses that you have granted hereunder, indemnities, releases,
disclaimers, limitations on liability, provisions related to choice of law,
dispute resolution, no class action, no trial by jury and all of the
miscellaneous provisions in Section 17.
11. COPYRIGHT POLICY
(A) We respect the intellectual property rights of others
and expects users to do the same. In appropriate circumstances and at our sole
discretion, we may terminate and/or disable the Membership of users suspected
to be infringing the copyrights (or other intellectual property rights) of
others. Additionally, in appropriate circumstances and in our sole discretion,
we may remove or disable access to material on any of our websites or hosted on
our systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act
of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we
will respond promptly to claims of copyright infringement that are reported to
the DreamofInk.com
(C) If you are a copyright owner (or authorized to act on
behalf of the copyright owner) and believe that your work’s copyright has been
infringed, please report your notice of infringement to us by providing a
written notification of claimed infringement that includes substantially the
following:
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
(ii) Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that
site.
(iii) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to
contact you, such as an address, telephone number, and, if available, an electronic
mail address at which you may be contacted.
(v) A statement that you have 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.
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and
take appropriate actions under the DMCA. Inquiries that do not follow this
procedure may not receive a response.
12. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the
laws of the State of Colorado without regard to its conflict of laws rules. Any
legal proceedings against DreamofInk.com that
may arise out of, relate to, or be in any way connected with our Website or
these Terms of Use shall be brought exclusively in the state and/or federal
courts of Colorado and you waive any jurisdictional, venue, or inconvenient
forum objections to such courts.
13. DISPUTE RESOLUTION
In the Dispute Resolution Section only, “we” and
“us” are used to refer to you and DreamofInk.com
together.
(A) We each agree to first contact each other with any
disputes and provide a written description of the problem, all relevant
documents/information and the proposed resolution. You agree to contact us with
disputes by contacting us at the address provided in these Terms of Use. We
will contact you based on the contact information you have provided us.
(B) We each agree to finally settle all disputes (as defined
and subject to any specific exceptions below) only by arbitration. In
arbitration, there’s no judge or jury and review is limited. However, just as a
court would, the arbitrator must honor the terms and limitations in the Terms
of Use and can award the same damages and relief. The arbitrator’s decision and
award is final and binding, with some exceptions under the Federal Arbitration
Act (“FAA”), and judgment on the award may be entered in any court
with jurisdiction. We each also agree as follows:
(i) “Disputes” are any claims or controversies
against each other related in any way to the Website, Website Content or these
Terms of Use – this includes claims you bring against our employees, agents,
affiliates or other representatives, and claims DreamofInk.com
may bring against you.
(ii) If either of us wants to arbitrate a dispute, we agree
to send written notice to the other providing a description of the dispute,
previous efforts to resolve the dispute, all supporting documents/information,
and the proposed resolution. We will send notice to you based on the contact
information you have provided us and notice to us must be sent to: DreamofInk.com PO Box 406 Indian Hills, CO 80454
We agree to make attempts to resolve the dispute. If we cannot resolve the
dispute within forty-five (45) days of receipt of the notice to arbitrate, then
we may submit the dispute to formal arbitration.
(iii) The FAA applies to this Agreement and arbitration
provision. We each agree the FAA’s provisions, not state law, govern all
questions of whether a dispute is subject to arbitration.
(iv) The arbitration will be administered by the American
Arbitration Association (“AAA”) under its arbitration rules. If any
AAA rule conflicts with these Terms of Use, these Terms of Use apply. You can
obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 1
or www.adr.org.
(v) The Arbitration will be conducted by a single neutral arbitrator
and will take place in Colorado. The federal or state law that applies to these
Terms of Use will also apply during the arbitration.
(vi) We each agree not to pursue arbitration on a classwide
basis. We each agree that any arbitration will be solely between you and us
(not brought on behalf of or together with another individual’s claim). If for
any reason any court or arbitrator holds that this restriction is
unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply
and the dispute must be brought in court.
(vii) We each are responsible for our respective costs
relating to counsel, experts, and witnesses, as well as any other costs
relating to the arbitration.
(C) Either of us may bring qualifying claims in small claims
court.
14. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO
PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE
CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER
PROCEEDING.
15. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO
TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
16. AMENDMENT; ADDITIONAL TERMS
(A) We reserve the right in our sole discretion and at any
time and for any reason, to modify or discontinue any aspect or feature of the
Website or to modify these Terms of Use. In addition, we reserve the right to
provide you with operating rules or additional terms that may govern your use
of the Website generally, unique parts of the Website, or both
(“Additional Terms”). Any Additional Terms that we may provide to you
will be incorporated by reference into these Terms of Use. To the extent any
Additional Terms conflict with these Terms of Use, the Additional Terms will
control.
(B) Modifications to these Terms of Use or Additional Terms
will be effective immediately upon notice, either by posting on the Website or
by notification by email or conventional mail. It is your responsibility to
review the Terms of Use and the Website from time to time for any changes or
Additional Terms. Your access and use of any the Website following any
modification of these Terms of Use or the provision of Additional Terms will
signify your assent to and acceptance of the same. If you object to any
subsequent revision to the Terms of Use or to any Additional Terms, immediately
discontinue use of the Website and, if applicable, terminate your Membership.
17. MISCELLANEOUS
(A) No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are
for convenience only and shall not be given any legal import. If any provision
of these Terms of Use is held to be invalid or unenforceable, the invalidity of
such provision shall not affect the validity of the remaining provisions of the
Terms of Use, which shall remain in full force and effect.
(B) These Terms of Use (including the Privacy Policy and any
Additional Terms incorporated by reference) constitute the entire agreement of
the parties with respect to the subject matter hereof, and supersede all
previous written or oral agreements between us with respect to such subject
matter.
(C) You may not assign these Terms of Use or assign any
rights or delegate any obligations hereunder, in whole or in part, without our
prior written consent. Any such purported assignment or delegation by you
without the appropriate prior written consent will be null and void and of no
force and effect. We may assign these Terms of Use or any rights hereunder
without your consent and without notice.
See Privacy Policy
Below
DreamofInk.com
PRIVACY POLICY
(Effective Nov 1, 2011)
Welcome to DreamofInk.com (“Website”),
an interactive online service.
Please read the following to learn more about our Privacy
Policy, which includes compliance with Colorado Privacy Rights.
We respect your privacy and are committed to protecting
personally identifiable information you may provide us through our Website. We
have adopted this Privacy Policy (“Privacy Policy”) to explain what
information may be collected on our Website, how we use this information, and
under what circumstances we may disclose the information to third parties. This
Privacy Policy applies only to information we collect through our Website and
does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms and Conditions
posted on our Website, sets forth the general rules and policies governing your
use of our Website. Depending on your activities when visiting our Website, you
may be required to agree to additional terms and conditions.
We generally keep this Privacy Policy posted on our Website
and you should review it frequently, as it may change from time to time without
notice. Any changes will be effective immediately upon the posting of the
revised Privacy Policy. WHEN YOU ACCESS OUR WEBSITE, YOU AGREE TO THIS PRIVACY
POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY
SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE. If, at any point, we
decide to use your personally identifiable information in a manner materially
different than what was stated at the time it was collected, we will notify you
of this change by e-mail to the last e-mail address provided to us. You will
have a choice (by means of an “opt out” opportunity) as to whether we
use the information in this different manner. We will use information in
accordance with the Privacy Policy under which your information was collected
if you opt out of the new policy.
A. INFORMATION WE COLLECT
Our Website typically collects two kinds of information
about you: (a) information that you provide that personally identifies you; and
(b) information that does not personally identify you, which we automatically
collect when you visit our Website or that you provide us.
(1) Personally Identifiable Information: Our definition of
personally identifiable information includes, but may not be limited to, any
information that may be used to specifically identify or contact you, such as
your name, postal address, phone number, etc. As a general policy, we do not
automatically collect your personally identifiable information when you visit
our Website. In certain circumstances, we may request, allow or otherwise
provide you an opportunity to submit your personally identifiable information
in connection with a feature, program, promotion or some other aspect of our Website.
For instance, you may: (a) provide your name, postal/shipping address, email
address, credit card number and phone number when registering with our Website,
using our online store to purchase merchandise, or in other as yet unspecified
ways such as a contest or promotion; (b) provide certain demographic
information about you (e.g., age, gender, purchase preference, usage frequency,
etc.) when participating in a survey, poll or joining a club; or (c) post a
general comment and/or recommendation on our Website. Certain information may
not be personally identifiable when standing alone (e.g., your age), but may
become so when combined with other information (e.g., your age and name).
Whether or not you provide this information is your choice; however, in many
instances this type of information is required to participate in the particular
activity, realize a benefit we may offer, or gain access to certain content on
our Website.
(2) Non-Personal Information: Our definition of non-personal
information is any information that does not personally identify you.
Non-personal information can include certain personally identifiable
information that has been de-identified; that is, information that has been
rendered anonymous. We obtain non-personal information about you from
information that you provide us, either separately or together with your
personally identifiable information. We also automatically collect certain
non-personal information from you when you access our Website. This information
can include, among other things, IP addresses, the type of browser you are
using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website
from which your visit originated, the operating system you are using (e.g.,
Vista, Windows XP, Mac OS, etc.), the domain name of your Internet service
provider (e.g., America Online, NetZero, etc.), the search terms you use on our
Website, the specific web pages you visit, and the duration of your visits.
B. HOW WE USE & SHARE THE INFORMATION COLLECTED
(1) Personally Identifiable Information: The personally
identifiable information you submit to us is generally used to carry out your
requests, respond to your inquiries, better serve you, or in other ways
naturally associated with the circumstances in which you provided the
information. We may also use this information to later contact you for a
variety of reasons, such as customer service, providing you promotional
information for our products or those of our parent company, subsidiaries or
other affiliated companies (“”affiliated companies”"), or
to communicate with you about content or other information you have posted or
shared with us via our Website. You may opt-out from receiving future
promotional information from us or our affiliated companies, or direct that we
not share your information with any affiliated companies, as set forth below.
In certain instances we may also share your personally
identifiable information with our third party vendors performing functions on
our behalf (or on behalf of our affiliated companies) – e.g., vendors that
process credit card orders, deliver our merchandise, administer our promotions,
provide us marketing or promotional assistance, analyze our data, assist us
with customer service, etc. Our vendors agree to use this information, and we
share information with them, only to carry out our requests. In addition, we
may share your personally identifiable information with participating sponsors
to a program or promotion (e.g., a sweepstakes or contest) you enter via our
Website, and with third parties who assist us in using the content or other
information you have posted or shared with us via our Website (e.g., production
companies we may use). Further, we may share your personally identifiable
information with third parties such as our co-promotional partners and others
with whom we have marketing or other relationships. Except as provided in this
Privacy Policy, our Terms of Use, or as set forth when you submit the
information, your personally identifiable information will not be shared or
sold to any third parties without your prior approval.
(2) Non-Personal Information: We use non-personal
information in a variety of ways, including to help analyze site traffic,
understand customer needs and trends, carry out targeted promotional activities,
and to improve our services. We may use your non-personal information by itself
or aggregate it with information we have obtained from others. We may share
your non-personal information with our affiliated companies and third parties
to achieve these objectives and others, but remember that aggregate information
is anonymous information that does not personally identify you.
C. OTHER USES & INFORMATION
(1) IP Addresses: An IP address is a number that is
automatically assigned to your computer whenever you are surfing the Internet.
Web servers (computers that “serve up” web pages) automatically
identify your computer by its IP address. When visitors request pages from our
Website, our servers typically log their IP addresses. We collect IP addresses
for purposes of system administration, to report non-personal aggregate
information to others, and to track the use of our Website. IP addresses are
considered non-personal information and may also be shared as provided above.
It is not our practice to link IP addresses to anything personally
identifiable; that is, the visitor’s session will be logged, but the visitor
remains anonymous to us. However, we reserve the right to use IP addresses to
identify a visitor when we feel it is necessary to enforce compliance with our
Website rules or to: (a) fulfill a government request; (b) conform with the
requirements of the law or legal process; (c) protect or defend our legal
rights or property, our Website, or other users; or (d) in an emergency to
protect the health and safety of our Website’s users or the general public.
(2) Cookies, etc.: “Cookies” are small text files
from a website that are stored on your hard drive. These text files make using
our Website more convenient by, among other things, saving your passwords and
preferences for you. Cookies themselves do not typically contain any personally
identifiable information. We may analyze the information derived from these
cookies and other technological tools we employ (such as clear gifs/web
beacons) and match this information with data provided by you or another party.
We may provide our analysis and certain non-personal information to third
parties (who may in turn use this information to provide advertisements
tailored to your interests), but this will not involve disclosing any of your
personally identifiable information. Please note that advertisers that serve
advertisements on our Website and third-party content providers that serve
content on our Website may also use their own cookies and other technological
tools which are subject to the advertiser’s privacy policies, not this Privacy
Policy.
If you are concerned about the storage and use of cookies,
you may be able to direct your internet browser to notify you and seek approval
whenever a cookie is being sent to your hard drive. You may also delete a
cookie manually from your hard drive through your internet browser or other
programs. Please note, however, that some parts of our Website will not
function properly or be available to you if you refuse to accept a cookie or
choose to disable the acceptance of cookies.
(3) Email Communications: If you send us an email with
questions or comments, we may use your personally identifiable information to
respond to your questions or comments, and we may save your questions or
comments for future reference. For security reasons, we do not recommend that
you send non-public personal information, such as passwords, social security
numbers, or bank account information, to us by email. However, aside from our
reply to such an email, it is not our standard practice to send you email
unless you request a particular service or sign up for a feature that involves
email communications, it relates to purchases you have made with us (e.g.,
product updates, customer support, etc.), we are sending you information about
our other products and services, or you consented to being contacted by email
for a particular purpose. In certain instances, we may provide you with the
option to set your preferences for receiving email communications from us; that
is, agree to some communications but not others. You may “opt out” of
receiving future commercial email communications from us by clicking the
“unsubscribe” link included at the bottom of most emails we send, or
as provided below; provided, however, we reserve the right to send you
transactional emails such as customer service communications.
(4) Transfer of Assets: As we continue to develop our
website, we may sell or purchase assets. If another entity acquires us or all
(or substantially all) of our assets, the personally identifiable information
and non-personal information we have about you will be transferred to and used
by this acquiring entity, though we will take reasonable steps to ensure that
your preferences are followed. Also, if any bankruptcy or reorganization
proceeding is brought by or against us, all such information may be considered
an asset of ours and as such may be sold or transferred to third parties.
(5) Other: Notwithstanding anything herein to the contrary,
we reserve the right to disclose any personally identifiable or non-personal
information about you if we are required to do so by law, with respect to
copyright and other intellectual property infringement claims, or if we believe
that such action is necessary to: (a) fulfill a government request; (b) conform
with the requirements of the law or legal process; (c) protect or defend our
legal rights or property, our Website, or other users; or (d) in an emergency
to protect the health and safety of our Website’s users or the general public.
(6) Your California Privacy Rights: Residents of the State
of California, under certain provisions of the California Civil Code, have the
right to request from companies conducting business in California a list of all
third parties to which the company has disclosed certain personally
identifiable information as defined under California law during the preceding
year for third party direct marketing purposes. You are limited to one request
per calendar year. In your request, please attest to the fact that you are a
California resident and provide a current California address for our response.
D. PUBLIC FORUMS
We may offer chat rooms, blogs, message boards, bulletin
boards, or similar public forums where you and other users of our Website can
communicate. The protections described in this Privacy Policy do not apply when
you provide information (including personal information) in connection with
your use of these public forums. We may use personally identifiable and
non-personal information about you to identify you with a posting in a public
forum. Any information you share in a public forum is public information and
may be seen or collected by anyone, including third parties that do not adhere
to our Privacy Policy. We are not responsible for events arising from the
distribution of any information you choose to publicly post or share through
our Website.
E. CHILDREN
The features, programs, promotions and other aspects of our
Website requiring the submission of personally identifiable information are not
intended for children. We do not knowingly collect personally identifiable
information from children under the age of 13. If you are a parent or guardian
of a child under the age of 13 and believe he or she has disclosed personally
identifiable information to us please contact us at tattoos@dreamofink.com.
A parent or guardian of a child under the age of 13 may review and request
deletion of such child’s personally identifiable information as well as
prohibit the use thereof.
F. KEEPING YOUR INFORMATION SECURE
We have implemented security measures we consider reasonable
and appropriate to protect against the loss, misuse and alteration of the
information under our control. Please be advised, however, that while we strive
to protect your personally identifiable information and privacy, we cannot
guarantee or warrant the security of any information you disclose or transmit
to us online and are not responsible for the theft, destruction, or inadvertent
disclosure of your personally identifiable information. In the unfortunate
event that your “personally identifiable information” (as the term or
similar terms are defined by any applicable law requiring notice upon a
security breach) is compromised, we may notify you by e-mail (at our sole and
absolute discretion) to the last e-mail address you have provided us in the
most expedient time reasonable under the circumstances; provided, however,
delays in notification may occur while we take necessary measures to determine
the scope of the breach and restore reasonable integrity to the system as well
as for the legitimate needs of law enforcement if notification would impede a
criminal investigation. From time to time we evaluate new technology for
protecting information, and when appropriate, we upgrade our information
security systems.
G. OTHER SITES/LINKS
Our Website may link to or contain links to other third
party websites that we do not control or maintain, such as in connection with
purchasing products referenced on our Website and banner advertisements. We are
not responsible for the privacy practices employed by any third party website.
We encourage you to note when you leave our Website and to read the privacy
statements of all third party websites before submitting any personally
identifiable information.
H. CONTACT & OPT-OUT INFORMATION
You may contact us as at tattoos@dreamofink.com
if: (a) you have questions or comments about our Privacy Policy; (b) wish to
make corrections to any personally identifiable information you have provided;
(c) want to opt-out from receiving future commercial correspondence, including
emails, from us or our affiliated companies; or (d) wish to withdraw your
consent to sharing your personally identifiable information with others.
We will respond to your request and, if applicable and
appropriate, make the requested change in our active databases as soon as
reasonably practicable. Please note that we may not be able to fulfill certain
requests while allowing you access to certain benefits and features of our
Website.
I. SOLE STATEMENT
This Privacy Policy as posted on this Website is the sole
statement of our privacy policy with respect to this Website, and no summary,
modification, restatement or other version thereof, or other privacy statement
or policy, in any form, is valid unless we post a new or revised policy to the
Website.
What information do we collect?
We collect information from you when you fill out a form.
Google, as a third party vendor, uses cookies to serve ads
on your site. Google’s use of the DART cookie enables it to serve ads to your
users based on their visit to your sites and other sites on the Internet. Users
may opt out of the use of the DART cookie by visiting the Google ad and content
network privacy policy..
Do we use cookies?
Yes (Cookies are small files that a site or its service
provider transfers to your computers hard drive through your Web browser (if
you allow) that enables the sites or service providers systems to recognize
your browser and capture and remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside
parties your personally identifiable information. This does not include trusted
third parties who assist us in operating our website, conducting our business,
or servicing you, so long as those parties agree to keep this information
confidential. We may also release your information when we believe release is
appropriate to comply with the law, enforce our site policies, or protect ours
or others rights, property, or safety. However, non-personally identifiable
visitor information may be provided to other parties for marketing,
advertising, or other uses.
By using our site,
you consent to our Privacy Policy and Terms & Conditions.