COLLECTION OF INFORMATION
Personal Information: We collect certain Personal Information that you provide when you use the Site to place an order, and when you subscribe to our emails. This information may include but is not limited to:
- Email Address
- First Name and Last Name
- Phone Number (landline and cellular)
- Billing Address, including Street, City, State, Province, ZIP/Postal Code, Country
- Shipping Address, including Street, City, State, Province, ZIP/Postal Code, Country
- User id and password
- Payment information
- Any designs, logos or artwork that you provide
Use Data: In addition to Personal Information that you provide, we also automatically collect Use Data when you visit the Site. This may include but is not limited to your device type, device’s IP address, unique device IDs, geolocation, internet service provider, browser type, browser version, the pages or products you view, the time spent on those pages, referring pages and search terms, date and time stamps, and other site visitation data. Use Data is collected on an aggregate basis and does not consist of any Personal Information.
Ideable uses the following technologies to collect Use Data:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
- “Google Analytics” is a web analytics service that tracks and reports website traffic including device information such as device type, service provider and operating system, and site usage information such as referring pages and search terms, session duration, and pages visited.
USE OF INFORMATION
We do not resell or distribute your Personal Information without your express permission. We use your Personal Information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Provide the services and customer support you request including fulfilling any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations);
- Communicate with you, including to notify you about important changes to the Site, and to answer your inquiries or requests;
- Send you email and text communications if you have subscribed to those services;
- Customize, measure and improve our services, content and advertising; and
- Screen our orders for potential risk or fraud.
We use the Use Data that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to monitor, administer, improve and optimize the Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). We also use the Use Data that we collect to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
SUBSCRIBING TO EMAIL CORRESPONDENCE
If you provide us with your email address, you authorize us to send you regular emails unless and until you request to unsubscribe from such emails. These emails may include order-related messages, customer surveys, marketing communications, and information about changes to the Site. Each email we send contains an easy, automated way for you to unsubscribe from further emails from us. Select the "unsubscribe" link in the footer of an email from us and follow the directions to communicate your preferences to us.
SHARING YOUR PERSONAL INFORMATION
Service Providers: We engage certain trusted third parties to perform functions and provide services to us. For example, our store is hosted on BigCommerce. BigCommerce provides us with the online e-commerce platform that allows us to sell our products and services to you. You can read more about how BigCommerce uses your Personal Information here: https://www.bigcommerce.com/privacy/
We may also engage certain other trusted third parties to perform functions and provide services to us, including without limitation, order fulfillment and logistics services, customer service, hosting and maintenance, database storage and management, data analysis, and legal, accounting, and marketing services, including email and text message marketing. We may share your Personal Information or Use Data with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring third parties to maintain the privacy and security of your data.
Other Third Parties: We also may share, disclose, or transfer your Personal Information or Use Data with third parties as follows: (a) to government agencies, advisors and other third parties, where necessary and appropriate, in order to comply with applicable laws, the service of legal process, or if we reasonably believe that such action is necessary to (i) comply with the law requiring such disclosure, (ii) protect Ideable’s rights or property, (iii) prevent a crime or protect national security or (iv) protect the personal safety of the users or the public; (b) if we believe your actions violate our Terms of Service or other policies; or (c) in connection with a financing or a sale, acquisition or merger of our business or our business assets. We may also share with others aggregated or anonymized information that does not directly identify you.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
THIRD PARTY WEBSITES
Ideable uses reasonable care to protect the privacy and security of Personal Information and to ensure that our systems are secure and meet industry standards. Our store is hosted on BigCommerce. BigCommerce holds several industry-standard security certifications. However, no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
Unauthorized attempts to use the Site in a way that violates our Terms of Service, to utilize the Site for other than its intended purposes, or to defeat or circumvent the Site’s security features are strictly prohibited.
This site is not intended for children under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are under 13 years old, please do not provide any information on this website.
TERMS OF SERVICE
Welcome to the shopideable.com website (the “Site”), which is owned and operated by Ideable, LLC (“we”, “us”, or “Ideable”). These Terms of Service (these “Terms”) set forth the mutual agreement between Ideable and you as to your rights and responsibilities when you access or use the Site.
1. ACCEPTANCE; SCOPE
Ideable may amend, update or modify these Terms at any time, by posting amended Terms on the Site. If you do not consent to these Terms, as amended, you should not access or use the Site in any way and should immediately exit the Site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms. You can review the most current version of these Terms at any time on the Site.
The Site may contain links to third-party websites not owned by Ideable. Ideable has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the Site, you expressly release Ideable from any and all liability arising from your use of any third-party website.
- YOUR ACCOUNT
In order to access certain features of the Site, including your purchase history, you will have to create an account by providing your email address and creating a password. You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify Ideable immediately and change your password.
- LIMITED LICENSE; RESTRICTIONS
IDEABLE GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND MAKE PERSONAL USE OF Ideable’s services made available through the Site (collectively, the “Services”), as well as the Ideable content (as defined below), PURSUANT TO THESE TERMS. This license is personal to you and may not be assigned or sublicensed to anyone else. You may only use the Services and Ideable content for personal, non-commercial use as intended and permitted under these Terms and may not use the Services or Ideable content for any other purpose. This license does not include any resale or commercial use of the Site or its Contents (as defined below), any derivative use of the Site or its Contents, or any use of data mining, robots, or similar data gathering and extraction tools. You agree that you will not reproduce, redistribute, duplicate, copy, sell, transfer, create derivative works from, decompile, reverse engineer, alter, adapt, disassemble, or otherwise exploit the Site. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site. All rights not expressly granted by Ideable herein are reserved.
As used throughout these Terms, “Content” includes photos, images, audio, videos, text and other materials of any and every type in all forms and mediums.
Ideable Content. Ideable retains all trademark, copyright and other intellectual property rights in any Content provided by Ideable and appearing on the Site (“Ideable Content”), including without limitation the Products (as defined below). All right, title and interest in and to the Ideable Content remains with Ideable at all times. You may access the Ideable Content for your information and personal use solely as intended and permitted under these Terms. Any use of the Ideable Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. You shall not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Ideable Content for any other purposes without the prior written consent of Ideable. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or purchasing products with the intent to copy Ideable Content. All trademarks, including service marks and logos, appearing on the Site are owned, controlled, or licensed by Ideable and are protected by trademark law, whether registered or unregistered. Ideable’s trademarks and trade dress may not be used in connection with any product or service that is not Ideable’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Ideable.
Licenses Granted By You. Subject to the license granted herein, you retain all of your ownership rights in your Content. By submitting any Content through the Site, you grant Ideable and its successors, assigns and affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, sublicense, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with the Site and our business, including by way of example, for promoting the Site.
Your Representations and Warranties. For each piece of Content that you submit, you represent and warrant that: (a) you have the right to submit to or otherwise post the Content on the Site; (b) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (c) you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and grant the licenses contained herein; and (d) the Content complies with these Terms and all applicable laws.
Acknowledgements. You acknowledge and agree as follows:
- Ideable does not permit copyright infringement or other violations of intellectual property rights on the Site, and we reserve the right to remove Content if properly notified that such Content infringes on another's intellectual property rights;
- Ideable is not responsible or liable for the accuracy, utility, safety, or intellectual property rights of or relating to any user Content within the Site;
- Ideable does not endorse any Content, recommendation, view or opinion submitted to the Site by any user;
- You may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto; and
- You are solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site.
- CODE OF CONDUCT
In accessing or using the Site, you agree that you will not:
- Upload photographs of people who have not given permission for their photographs or likeness to be uploaded to the Site;
- Submit false or misleading information, impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Violate any applicable international, federal, provincial or state regulations, rules, laws, or local ordinances;
- Circumvent, disable or otherwise interfere with security features of the Site;
- Defame, harass, stalk, attack, threaten, intimidate, or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights;
- Submit, upload or display on the Site any Content that: (i) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (ii) contains vulgar, obscene, profane or sexually explicit Content, including pornography or nudity; (iii) contains hateful, malicious or discriminatory Content, incites hatred towards any individual or group, or incites or advocates negative stereotypes, racism, sexism, terrorism or violence; (iv) encourages any illegal activity; (v) infringes our or any third party’s intellectual property rights or other rights; (iv) contains any confidential, proprietary or trade secret information of any third party; or (vii) includes any advertisements, solicitations, investment opportunities or other unsolicited commercial or chain communications or promotes the sale of goods or services;
- Spam, hack into or deface the Site, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items;
- Harm or exploit minors; or
- Use the Site for any commercial, advertising or solicitation uses or to collect any personally identifiable information about others.
Ideable has the right, but not the obligation, to monitor all conduct on and Content submitted to the Site. Failure to comply with any of the above conduct requirements will constitute a violation of these Terms and, in addition to any other rights or remedies we may have, Ideable may immediately terminate your access to and use of the Site or remove any Content that you submit, upload or display. Ideable also has the right to reject any order that Ideable, in its sole discretion, deems inappropriate for production, including designs or text that violate these Terms.
- TERMINATION; ACCOUNT DELETION
Termination for Cause. Ideable may terminate, suspend or disable your access and use of the Site (or any part thereof) or delete your account, or block or remove any Content you submit if Ideable determines, in its sole discretion, that you have violated any provision of these Terms. Ideable reserves the right to determine whether Content violates these Terms. If Ideable deletes your account for any of the reasons set forth herein, you may not re-register to use the Site. Ideable may block your email address and Internet protocol address to prevent further use or account registration. If you believe that Ideable has suspended or terminated your account in error, you may contact us at firstname.lastname@example.org at any time.
Effect ofTermination. Upon termination, all licenses granted by Ideable will terminate automatically and immediately. Sections 4, 6, and 9 through 12 of these Terms shall survive termination. In the event of an account deletion for any reason, Content that you submitted may no longer be available. Ideable is not responsible for the loss of such Content.
- COPYRIGHTS; DMCA NOTIFICATIONS
Notifications of Claimed Infringement. While we are not obligated to review submissions for copyright infringement, we are committed to respecting copyrights and the other intellectual property of others. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 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;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address (if available) of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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.
Counter-Notifications. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the necessary authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the Content, you may send us a counter-notification. DMCA notifications and counter-notifications must meet the then statutory requirements imposed by the DMCA (see 17 U.S.C 512(g)(3) or http://copyright.gov for more information).
Copyright Agent. Notifications and counter-notifications, as described herein, should be sent to: email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notification may not be valid.
The products that we sell through the Site (“Products”) are subject to return or exchange only according to our Refund Policy, the terms of which are incorporated herein. We have made every effort to display as accurately as possible the colors and images of the Products. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right, but are not obligated, to limit the sales of the Products or Services to any person, geographic region or jurisdiction. We also reserve the right to (a) discontinue any Product at any time, (b) refuse any order placed with us (including custom orders), and (c) limit the quantities of any Products or Services that we offer. We may exercise these rights on a case-by-case basis, in our sole discretion. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. The pricing and descriptions of the Products are subject to change at any time without notice, at our sole discretion. Any offer for any Product or Service made on this site is void where prohibited. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. By purchasing any customized product through the Site, you represent and warrant that your requested design does not violate anyone’s rights, including copyrights, trademarks, trade secrets, privacy or other rights, or otherwise violate these Terms.
You agree to provide current, complete and accurate payment and account information for all purchases made through the Site. You agree to promptly update your payment and account information, including your email address, so that we can complete your transactions and contact you as needed.
Ideable reserves the right to modify or discontinue the Site at any time. The Site and all Ideable Content is provided by Ideable “AS IS” and on an “as available” basis. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Ideable and its suppliers. Accordingly, Ideable assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
To the full extent permissible by applicable law, Ideable expressly disclaims any and all warranties of any kind, whether express or implied, STATUTORY OR OTHERWISE, in connection with the SITE, THE CONTENT, AND YOUR USE OF THE SITE, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third parties’ rights, and any other warranty that might arise under any law.
Without limiting the foregoing, Ideable expressly disclaims, and assumes no liability or responsibility for, any: (a) errors, omissions, or inaccuracies of the Content; (b) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Site; (c) unauthorized access to or use of the Site or any Content; (d) interruption or cessation of transmission to or from the Site; (e) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site; (f) modifications to the Site, price changes, suspension or discontinuance of the Services; (g) Content submitted by any user; or (h) loss or damage of any kind incurred as a result of the use of the Site or any Content posted, transmitted, or otherwise made available through the Site, including any loss of your Content.
Ideable does not endorse, guarantee or assume responsibility for any Content, product or service posted, advertised or offered by any third party on or through the Site, and Ideable will not be a party to, or be responsible for monitoring, any transaction between you and any third-party provider of products or services.
- LIMITATION OF LIABILITY
To the fullest extent permitted by law, Ideable will not be liable to you for any damages (including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from (a) the use of or inability to use the Site or the Content; (b) errors, omissions, or inaccuracies of the Content; (c) tangible or intangible property damage or loss of any nature whatsoever resulting from your access to and use of the Site; (d) any unauthorized access to or use of our servers or any and all personal information stored on such servers; (e) any interruption or cessation of transmission to or from the Site; (f) any bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site; (g) any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted or otherwise made available through the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Ideable has been advised of the possibility of such damages. Without limiting the foregoing, in no event shall Ideable be liable for damages incurred by you exceeding U.S. $1,000 irrespective of fault or negligence. In consideration of your use of the Site you hereby waive and release Ideable from any such claim for damages. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and you are limited to those remedies expressly provided for in these Terms.
To the extent permitted by applicable law, you agree to defend and indemnify Ideable and its respective affiliates, members, managers, officers, employees, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees, arising from or relating to: (a) your access to or use of the Site; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy or publicity right; or (d) any claim that your Content caused damage, harm or loss to a third party. The foregoing obligations shall survive these Terms and any termination of your use of the Site.
- 12. GENERAL
Applicable Law; Venue. By using the Site, you agree that the laws of the Commonwealth of Oregon will govern these Terms, without regard to principles of conflicts of law. Any dispute relating in any way to your use of the Site shall be adjudicated in any State or Federal Court in Oregon, and you consent to exclusive jurisdiction and venue in such courts.
Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Ideable’s prior written consent. Ideable may assign these Terms without restriction.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Electronic Communication.When you use the Site or send email to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you have any questions, please contact us via email at firstname.lastname@example.org