We think this policy stuff is a bit boring, too, but we had to write it like this to avoid any confusion. So, truck on through – we know you’ll make it to the end!
This website, located at www.LuckyLucille.com or any of our affiliated sites (collectively, the “Site”), is provided by LuckyLucille, Inc. (“LuckyLucille,” “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).
1. You Agree to These Terms by Using this Site
2. Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing LuckyLucille or its services and products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.
Termination of your LuckyLucille account includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of your account. Further, you agree that all terminations for cause shall be made in LuckyLucille’s sole discretion and that LuckyLucille shall not be liable to you or any third party for any termination of your account, any associated email address, or access to your account.
You may terminate your account, this Agreement, and your right to use your account at any time and for any reason or no reason, by contacting us at: support@LuckyLucille.com.
3. User Submitted Content
The Site may, from time to time offer interactive features that allow users to submit content to the Site. LuckyLucille does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, LuckyLucille is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, (b) you hereby waive any moral rights you may have in such user generated content, (c) and all such content is true and accurate. In any event, LuckyLucille reserves the right to block or remove communications or materials that it determines to be unacceptable to LuckyLucille in its sole discretion.
By submitting any user-generated content, you hereby grant LuckyLucille a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. All content that you submit may be used at LuckyLucille’s sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a LuckyLucille employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party or which may otherwise give rise to liability or violate any law.
4. Interaction with other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release LuckyLucille (and LuckyLucille’s officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
5. Notice; Electronic Communications
When you visit this site or send e-mails to LuckyLucille, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Practices; Typographical Errors; Colors
You acknowledge that LuckyLucille may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be allotted on LuckyLucille’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your account in a given period of time. You agree that LuckyLucille has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that LuckyLucille reserves the right to log off, delete, or disable accounts that are inactive for an extended period of time. You further acknowledge that LuckyLucille reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, LuckyLucille reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, LuckyLucille shall issue a credit to your credit card account in the amount of the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, LuckyLucille makes no guarantees that any actual colors of products or features will be true or accurate.
8. Disclaimer – Warranty
THIS SITE, ITS CONTENT, MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LuckyLucille HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LuckyLucille does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. LuckyLucille does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER LuckyLucille, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
11. Third-Party Links
In an attempt to provide increased value to our visitors, LuckyLucille may link to sites operated by third parties. However, even if the third party is affiliated with LuckyLucille, LuckyLucille has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of LuckyLucille. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, LuckyLucille specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
LuckyLucille does not endorse the content, or any products or services available, on such sites. Nonetheless, LuckyLucille seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
The following trademarks are our property: LuckyLucille, Be the Buyer, Winston, and LuckyLucille Design. These marks may not be used without our consent on any product or service, except our own.
Copyright © 2011, LuckyLucille, Inc.. ALL RIGHTS RESERVED.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LuckyLucille or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of LuckyLucille and protected by U.S. and international copyright laws. All software used on this site is the property of LuckyLucille or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.
14. Copyright Complaints
If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at support@LuckyLucille.com:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
(ii) a description of the copyrighted work or other work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the LuckyLucille’s website;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
15. Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
LuckyLucille does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
16. Law and Jurisdiction
18. Questions and feedback
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to support@LuckyLucille.com.
What information do we collect?
We collect information from you when you register on the Site, place an order, respond to communication such as e-mail, or participate in another site feature.
When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site without providing such information.
We use IP addresses and session identifiers to analyze trends, to administer the site, to track user activities, to infer user interests, and to otherwise induce, deduce, and gather information about individual users and market segments.
Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our Site. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you when you register, purchase products, respond to a survey or marketing communication, surf the Site, or use certain other Site features in the following ways:
To personalize your Site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To allow us to better service you in responding to your customer service requests.
To quickly process your transactions.
To administer a promotion, survey or other Site feature.
Do we disclose the information we collect to outside parties?
We generally do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described herein. The term “outside parties” does not include website hosting partners and other parties who assist us in operating our Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. In the event that we sell our company, or otherwise transfer any assets of our company, we may provide your information to the purchaser so that you may continue the relationship or business with us and our products. 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.
Correction/Updating Personal Information
You can correct or update your personally identifiable information by re-registering or by contacting us by electronic-mail support@LuckyLucille.com.
Do we use “cookies”?
We may contract with third-party service providers to assist us in better understanding our Site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Mozilla Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your Site experience more efficient and some of our services will not function properly.
Safeguarding Your Personal Information
LuckyLucille follows generally accepted industry security standards to safeguard and help prevent unauthorized access, maintain data security and correctly use such Personal Information. However, no commercial method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems.
Privacy and Third Party Links
Online Policy Only
Questions and feedback
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to support@LuckyLucille.com.
Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2010 will receive information regarding 2009 sharing activities).
To obtain this information from LuckyLucille please send an email message to support@LuckyLucille.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.