Terms and Conditions
TERMS AND CONDITIONS
Welcome to Glitter Chimp LLC!
By accessing any areas of https://glitterchimp.com (collectively, the “Website”), purchasing any Products from Glitter Chimp LLC, or using any of Glitter Chimp LLC’s Services (the Website, Products and Services collectively the “Platform”), you agree to be legally bound and to abide by the terms and conditions set forth below (these “Terms”) including any subsequent modifications to them.
Certain features of the Website may be subject to additional terms, which will be posted on the Website in connection with such features and are incorporated by reference into these Terms.
THESE TERMS GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THESE TERMS ALSO INCLUDE A LIMITATION OF LIABILITY (SECTION 3) FOR ALL CLAIMS FOR DAMAGES AGAINST GLITTER CHIMP LLC THAT MAY ARISE OUT OF YOUR USE OF THE PLATFORM.
The Platform is owned and operated by Glitter Chimp LLC, a Texas (USA) limited liability company. Any references herein to Glitter Chimp LLC, https://glitterchimp.com, “Company,” “we,” “our,” or “us” shall be deemed to refer to the Platform and/or Glitter Chimp LLC, as applicable under the circumstances.
All references in these Terms to “Glitter Chimp LLC”, “https://glitterchimp.com,” and/or “the Website” shall be deemed to include both the Website and any and all social media pages maintained from time to time by the Company or its affiliates.
- OUR PRODUCTS; TERMS OF SALE
Our Products. Company offers glitter for sale and other related products (“Products”), through this Website.
Payment. All amounts due for purchases of Products are payable in full at the time of purchase.
Recurring Installment Payment. If you purchase any Services with recurring installment payments, you authorize the Company to make regularly scheduled charges in the amount, at the times, and to the designated account linked to the payment method authorized by you. You agree that no prior notification will be provided unless the date or amount changes, in which case you will receive notice from the Company at least fifteen (15) days prior to the payment being collected. Your authorization for recurring payments will remain in effect until you cancel it in writing, and you agree to notify the Company in writing of any changes in your authorized payment information or termination of this authorization at least fifteen (15) days prior to the next billing date. If the payment dates fall on a weekend or holiday, the payments may be executed on the next business day. In the case of a recurring payment being rejected for Non-Sufficient Funds (NSF), the Company may at its discretion attempt to process the charge again within thirty (30) days. You agree not to dispute scheduled transactions with your bank so long as the transactions correspond to the terms indicated in these Terms and Conditions.
In addition to the price due for your recurring installment payments, if there are delinquent amounts or chargebacks associated with your payment, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
If Company is unable to collect any amounts due via your selected payment method, you authorize Company to charge any other payment methods on file in your Company account (unless you have previously removed the authorization to charge such payment method(s)). In addition to other remedies Company may have due to your failure to pay any amounts when due, you shall pay Company a late payment charge equal to 1.5% per month (or the highest rate permitted by law, if lower), along with all costs and expenses, including reasonable attorneys’ fees Company incurs in collecting such amounts.
Your Account. When you make a purchase from this Website, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
Acceptance of Order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information to complete your order. Once a properly completed order is received, authorization of your form of payment is received, and we have accepted your order, we will promptly place your order in line for shipment.
Pricing and Availability. All prices for Products (and the associated costs of shipping and tax) are shown in U.S. dollars. Your credit card provider may impose foreign exchange fees, conversion fees and other. Company is not responsible for such fees and will not reimburse you for any such fees incurred. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed your order. Company, at its sole discretion, may make promotional offers with different features and different rate to any of Company’s customers. All prices are subject to change without notice. You agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Payment Terms. Company currently accepts [Visa, MasterCard, and American Express credit and debit cards, and PayPal]. By submitting your order, you represent and warrant that you are authorized to use the designated credit or debit card [or PayPal account] and authorize us to charge your order (including taxes, shipping, and handling) to that card [or through PayPal]. If the card [or PayPal account] cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically.
Chargeback Policy. All references to a “chargeback” refer to a reversal of a credit or debit card [ or PayPal account] charge placed on this Website. In the event you pay for Products by credit or debit card[ or PayPal] and subsequently “charge back” your purchase through your merchant account provider, Company reserves the right to terminate these Terms and all pending orders and transactions immediately, in addition to any and all available remedies at law or in equity. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit or debit card[ or PayPal account] was used fraudulently, please contact us for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD OR PAYPAL ACCOUNT ON THIS WEBSITE. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD OR PAYPAL CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS WEBSITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK, IN ADDITION TO ANY AMOUNT CHARGED US BY THE CREDIT OR DEBIT CARD COMPANY OR PAYPAL FOR SUCH CHARGEBACK, BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT OR DEBIT CARD OR PAYPAL ACCOUNT OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
[Shipping Terms and Policies. We will inform you of when you should expect your Product at time of purchase as shipping times can vary based on the Product purchased and its availability. All shipping times are estimates.
All shipping charges are your responsibility, unless waived by Company. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.
All orders are shipped FOB shipping point. Title to Products passes from Company to you upon shipment and we are not responsible for any shipping delays or problems once the Product has been shipped.]
[Package Protection. Package Protection is an option provided by Glitter Chimp LLC that provides customers with an optional purchase towards the safe guard of their order delivery. During checkout, customers can opt in to have package protection applied towards their order. By doing so, Glitter Chimp LLC will provide coverage against lost, damaged or stolen packages. This service is provided in house and requires no 3rd party interactions. Customers can simply email firstname.lastname@example.org to make a claim or use the online form listed under the package protection tab of the website. Customers may have to provide evidence or a police report for packages that have been stolen off their porch. Orders that have arrived damaged can simply provide a description of the damaged goods along with a picture. Domestic customers who have orders that are lost in transit, must wait 5 business days after the package has been lost in the carrier tracking system before a claim can be made. International customers must wait 10 business days before making a claim. This time period allows their carrier service all possible time needed to deliver the package. Customers who receive approved claims, will receive a reshipment of the exact goods originally purchased in the order. If a product is no longer available, the customer will receive a refund of the missing product or at the customers discretion, a closely priced product can be exchanged.
[Lost in transit shipments. If your order is lost in transit due to the carrier losing or misplacing your shipment. The carrier is to be held at fault. However, after 5 business days has passed for domestic orders, please contact us at email@example.com. For international orders, please allow 10 business days before reporting your package lost. Do not make a claim with the carrier, claims must now be made by the shipper.
[Porch Piracy. The buyer assumes all responsibility for packages stolen or removed without the buyers consent. Please request or purchase package protection with your order to provide coverage for stolen packages. Glitter Chimp LLC provides buyers with the availability to add package protection with each and every order placed through our website. If you opt out of the coverage, you the buyer assume full responsibility for stolen packages. Glitter Chimp LLC with help with recovery if possible.
[Shipping Package Protection Claims. If a package is lost or stolen. Please contact us first at firstname.lastname@example.org. Please report all cases of porch piracy to your local law enforcement agency.
[Back Orders. If for some reason an item on your order is temporarily out of stock, we will refund your money back for the out of stock product and ship the other merchandise immediately.
[Returns and Exchanges Policy. Except for errors as stated below, all sales are FINAL due to the nature of the Products.]
[Errors. We attempt to be as accurate as possible; however, we do not warrant that all Product descriptions, photographs, pricing, or other information on the Platform is accurate, complete, current, or error-free. If a Product offered by Company is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on this Website, in an order confirmation, in processing an order, in delivering a Product, or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.]
- INTELLECTUAL PROPERTY
In General. You acknowledge that Company owns all right, title, and interest in and to the Platform, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from any portion of the Platform. Such rights derive from any of Company’s copyrights, trademarks, patents, trade dress, and other such intellectual property rights that Company may have with regard to the Platform.
Trademarks. You acknowledge that these Terms do not convey or grant you any rights to use or reference in any manner Company’s name(s), logos, trademarks, product names, and/or service names.
All trademarks not the property of Company which may appear on the Platform are the property of their respective owners. The use of any such trademarks by Company is not meant to constitute affiliation, endorsement, or approval by such company with or for Company or the Platform as a whole.
Use Of Marks And Identification. You agree that Company may identify you as a customer of Company and may use your name, likeness, logo, trademarks, trade names, and other similar identifying material in Company’s customer list, blog posts, press releases, advertisements, and Website.
Copyright and Limited License. Unless otherwise indicated, this Platform and all content and other materials therein, including, without limitation, the Company logo and all designs, Company’s trademarks and service marks, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use this Platform and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms and does not include: (a) any resale or commercial use of this Platform or Site Materials; (b) the collection and use of any Product listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of this Platform and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Platform, the Site Materials, or any information contained therein, except as expressly permitted on this Platform; or (g) any use of this Platform or the Site Materials other than for its intended purpose. Any use of this Platform or Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
Your Content. You own the rights to anything you post (Your “User Content”) to the Platform, including text and photographs. You do, however, grant Company an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, display, transmit, distribute, publish, sublicense, copy, store, provision into and/or reproduce, and create derivative works from all User Content you provide to Company, in any media now known or hereafter devised, as part of the Platform or any of Company’s Products. You represent and warrant, and can demonstrate to Company’s full satisfaction upon request that you (a) own or otherwise control all rights to all User Content, or that the User Content is in the public domain, (b) have the permission to use the name and likeness of each identifiable individual person in such User Content and to use such individual’s identifying or personal information as contemplated by these Terms, and (c) are authorized to grant all of the aforementioned rights to the User Content to Company. You agree that Company, in its sole discretion, has the authority to remove any User Content if in Company’s sole discretion, the User Content is inaccurate, vulgar, defamatory, or otherwise inappropriate. If you believe that User Content you find on the Platform is inappropriate or otherwise inaccurate, please let Company know at email@example.com.
DMCA Policy. Company respects the intellectual property rights of others and expects its users to do the same. Pursuant to this goal and the Digital Millennium Copyright Act (DMCA). 17 U.S.C. Section 512(c), a copyright owner may submit a takedown request. To submit a valid DMCA notification, please send such notification to Attn: DMCA Agent, Glitter Chimp LLC, 312 E. Rogers Rd, Willis, TX 77378 and include the following information:
- A physical or electronic signature of the copyright holder/owner who has been allegedly infringed or its agent;
- Identification of the copyrighted work or works in question that the owner claims was infringed, the infringing material that the copyright holder wants removed, and information sufficient for the Company to locate the infringing works in question (e.g. the URL of the page in question);
- Information reasonably sufficient to permit the Company to contact the complaining party such as name, physical address, email address and phone number;
- A statement that the copyright holder/owner, in good faith, believes that the content in question and the use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
THIS DMCA NOTIFICATION PROCEDURE IS NOT TO BE ABUSED. IF YOU KNOWINGLY MISREPRESENT THAT THE MATERIAL IN QUESTION IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES SUCH AS MONETARY DAMAGES AND ATTORNEYS’ FEES.
Submission of Ideas. Any questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about Company, the Website(s), and our Products (collectively, “Ideas”) that you submit, whether posted to this Platform or provided to Company by email or otherwise are entirely voluntary, non-confidential, gratuitous, and non-committal. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them.
Survival. This Section 2 shall survive termination of these Terms.
- DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of the Products is at your sole risk. Neither Company nor its affiliates, nor any of their members, managers, owners, officers, directors, employees, agents, third-party content providers, merchants, licensees, licensors, assigns, subsidiaries, suppliers, partners, advertisers, sponsors, or affiliates all parties involved in creating, producing, and/or delivering this Platform, Products or contents available on this Platform, or payments made through the Platform (collectively “Providers”) warrant that this Platform will be uninterrupted or error free, nor do they make any warranty as to any of the Products, or as to the accuracy, reliability, or currency of any content or service provided through this Website.
Disclaimer of Warranties (Service Is Provided “As Is”). YOUR ACCESS TO AND USE OF THE PLATFORM ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PLATFORM (INCLUDING THE ABILITY TO PURCHASE PRODUCTS) IS STRICTLY PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS PROVIDERS. COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS PLATFORM. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH COMPANY WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH COMPANY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) COMPANY OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability and Indemnification. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY EXCEED THE LESSER OF THE AMOUNTS ACTUALLY PAID BY OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL COMPANY OR ITS PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, COMPANY, INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE OR INABILITY TO USE THIS WEBSITE OR FOR ANY CONTENT, MATERIALS, PRODUCTS, OR OTHER INFORMATION OBTAINED FROM OR THROUGH COMPANY, OR FOR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF COMPANY OR ITS PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY AND ITS PROVIDERS HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, THAT MAY ARISE FROM (A) YOUR USE, MISUSE OR INABILITY TO USE THIS PLATFORM OR FOR ANY CONTENT, MATERIALS, PRODUCTS, OR OTHER INFORMATION OBTAINED FROM OR THROUGH THE COMPANY, (B) YOUR VIOLATION OF THESE TERMS, AND (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR CONSENT OF COMPANY. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
INTERNET DELAYS. USE OF THIS PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY AND ITS PROVIDERS ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Force Majeure. In addition to any excuse provided by applicable law, Company and its Providers shall be excused from liability for non-delivery or delay in delivery of Products or services available through this Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Informational Disclaimer. The content on the pages of the Platform may contain information (e.g. blog posts) related to different industries. The content is for general information only and may be updated at any point without any notice. None of the facts or opinions on the Platform are given with the intent to substitute advice from professionals, where applicable.
International Use. Although this Platform may be accessible worldwide, those who access this Platform from outside of the United States do so on their own initiative and at their own risk. You are responsible for compliance with local laws in your jurisdiction, including the taxation of Products purchased over the Internet. Any offer for any Product, service, or information made in connection with this Website is void where prohibited.
- THIRD PARTY CONTENT
Third Party Site Materials. Company or users may provide third party content on this Platform and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. The Company does not control, endorse, or adopt any Third Party Site Materials and makes no warranties that such sites are free from any claims of copyrights or other infringement devoid of viruses, accurate or complete. You acknowledge and agree that Company is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.
Advertisements and Promotions; Third-Party Products and Services. Company may display advertisements and promotions from third parties on this Platform or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with such third parties, and any terms associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of such non-Company advertisers or third party information on this Website.
- YOUR USE OF THE PLATFORM
Your Conduct. The Platform is made available to you for personal, non-commercial use. Such use must be in compliance with all applicable laws, rules and regulations of the applicable jurisdiction and must not infringe or violate third party rights. Any unauthorized use of the Platform is a violation of these Terms and potentially federal and state laws. Such violations may subject the unauthorized user and its agents to civil and criminal penalties.
Examples of unauthorized activities on the Platform include:
- Impersonating on behalf of any person or entity or otherwise misrepresenting yourself;
- Stalking, intimidating, threatening, or harassing or causing discomfort to other users of the Platform;
- Forging any TCP/IP packet header or any part of the header information in any email;
- Attempting to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
- Circumventing or attempting to circumvent any filtering, copy protection mechanisms, security measures, or other features Company may adopt for the Platform, other users, or third parties;
- You may not deep-link to any portion of the Platform (including, without limitation, the purchase path for any Company Product) for any purpose without Company’s express written permission.
Your Use Of The Platform. The Products and Platform is provided only for your own personal use. You are responsible for all of your activity in connection with such services. You shall not (and shall not permit any third party to) (a) take any action or (b) upload, download, post, submit otherwise distribute or facilitate distribution of any content on or through the Platform that: (i) infringes any patent, trademark, trade secret, right in confidential information, copyright, right of publicity or other right of any other person or entity; (ii) violates any law or contractual duty or that you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined solely by Company; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) involves commercial activities or sales without Company’s prior written consent; (vi) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damages, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; (vii) or impersonates any person or entity, including any employee or representative of Company. Additionally, you shall not: (a) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Platform and Products or any activities conducted on the Platform; (c) bypass any measures Company may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform); or (d) run any form of auto-responder or “spam” on the Platform. You also agree that you will only use the Platform in accordance with these Terms and all applicable laws.
You Agree Not To Reverse Engineer. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any aspect of the Platform for any reason—or to attempt or assist another person to do so.
Federal, State, International Regulation Compliance. Company may be deemed a provider of “interactive computer services” as defined by the Communications Decency Act. 47 U.S.C. Section 230. Pursuant to this law, Company is not responsible for User Content (e.g. guest blog posts or comments on blogs) and Company’s liability for causes of action arising out of User Content is limited.
You additionally agree to abide by all tax regulations, covenants, licenses, and restrictions applicable to your jurisdiction. With regard to European customers, you may be required to provide information to assist Company in collecting VAT or other indirect taxes, or evidence of your exemption from such taxes.
- HYPERLINKS TO THE COMPANY’S PLATFORM
You are granted a limited, non-exclusive right to create text hyperlinks to this Platform for noncommercial purposes, provided such links do not portray Company in a false, misleading, derogatory, or otherwise defamatory manner and provided that the linking site does not contain any obscene, pornographic, or illegal material or any material that is offensive or otherwise objectionable. This limited right may be revoked at any time. You may not use Company’s logo or other proprietary graphics to link to this Platform without our express written permission. You may not use, frame or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any portion of this Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.
In the course of providing Products and information via this Website, Company may deliver to you content, materials, and other information that is confidential, proprietary to Company, or which constitutes a “trade secret” of Company (“Confidential Information”). You agree that you will hold all Confidential Information in trust for Company, that you will not publish, disseminate, or otherwise disclose Confidential Information to any person, firm, or entity, and that you will not use Confidential Information to compete with Company or in any other way detrimental to Company. “Confidential Information” includes any and all information relating to Company’s Products, information delivered to you in the course of selling Products or rendering services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of these Terms. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to Company and will cooperate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of five (5) years.
- PRIVACY AND COMMUNICATION
You acknowledge and agree that Company may occasionally send you communications such as emails, both for commercial and transactional purposes, regarding your account, Company’s Products, purchases, or the Platform.
Notwithstanding any of these Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use this Website and to block or prevent your future access to, and use of, this Platform.
All terms of this agreement which by their nature extend beyond their termination shall remain in effect until fulfilled and apply to respective successors and assigns.
- USAGE BY CHILDREN AND MINORS
Company cannot prohibit minors from visiting this Website. Company must rely on parents, guardians, and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
- APPLICABLE LAW
These Terms and this Website are created and controlled by Company, a limited liability company organized in the State of Texas, U.S.A. As such, the laws of the State of Texas, U.S.A., will govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. Subject to Section 13, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Texas, U.S.A., for any litigation arising out of or relating to use of or purchase made through Company (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the County of Montgomery, in the State of Texas, U.S.A., and agree not to plead or claim in any court of the County of Montgomery in the State of Texas, U.S.A., that such litigation brought therein has been brought in an inconvenient forum. The submission in this Section 11 herein shall not affect the right of Company to take proceedings in any other jurisdiction nor shall the taking of proceedings in any jurisdiction preclude Company from taking proceedings in any other jurisdiction.
- MODIFICATION OF TERMS
We reserve the right to change these Terms at any time. Such changes shall be effective immediately upon notice thereof, which may be given by posting the revised Terms on this page. You acknowledge and agree that it is your responsibility to review this Site and these Terms regularly and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Terms; and (b) agreement to abide and be bound by the modified Terms.
- DISPUTE RESOLUTION
Please read this dispute resolution section carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any Product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: United States Corporation Agents, Inc., 9900 Spectrum Drive, Austin, TX 78717. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”) or if AAA is not available to arbitrate, an alternative dispute resolution provider as agreed upon by the parties, The arbitration shall be governed by the arbitration rules of such ADR Provider (“Arbitration Rules”).
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Section 13. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 13 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Other Claims. Either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 13. Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Section 13.
Courts. In any circumstances where this Section 13 permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Travis County, Texas, for such purpose.
- ELECTRONIC COMMUNICATIONS
The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether Company posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
The provisions of these Terms are severable, meaning if any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without affecting the validity or enforceability in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms. The failure of Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
These Terms and any applicable policies comprise the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
- CONTACTING US
If you have any questions about these Terms or your dealings with this Website, please feel free to email us at firstname.lastname@example.org.
Under California Civil Code section 1789.3, customers who are California residents are entitled to specific consumer rights information, including pricing information. Current rates for our Products may be obtained by email to email@example.com.
For any complaints, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Sacramento, CA 95814.
17. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Willis, Texas before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Glitter Chimp’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
These Terms were last modified on 8/16/2021.