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TERMS AND CONDITIONS
Last updated August 01, 2019
Last updated November 01, 2019
Thank you for choosing to be part of our community at Lindsey Adelman Studio (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our notice, or our practices with regards to your personal information, please contact us at firstname.lastname@example.org.
When you visit our website www.lindseyadelman.com, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy notice. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Sites and our services.
This privacy notice applies to all information collected through our website and/or any related services, sales, marketing or events (we refer to them collectively in this privacy notice as the "Services").
Please read this privacy notice carefully as it will help you make informed decisions about sharing your personal information with us.
Last updated November 01, 2019
WEBSITE INTENDED AUDIENCE
Our Site is intended for use by individuals of adult age and professionals. Each user of this Site is expected to be an adult.
POLICY FOR CHILDREN
The Company does not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided herein.
MODIFICATION OR SUSPENSION OF THE WEB SITE
You understand that the Company may at any time, as determined in its sole discretion, modify this Site or suspend or discontinue all or any part its operation, without notice to you, and you acknowledge that there is no consequence or liability to that the Company for doing so.
This Site is owned by the Company and/or its affiliates. All right, title, and interest to the Content (as such term is defined below) displayed on the Site, which Content includes, but is not limited to, (i) the look and feel of this Site; (ii) the data, information, text, graphics, images, sound or video materials displayed as part of this Site; (iii) and the designs, trademarks, service marks, trade names and URL of this Site, but excluding User Content (as such term is defined below), are the sole property of the Company and/or its affiliates and/or other parties with whom the Company maintains a relationship.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
ELIGIBILITY FOR SITE REGISTRATION AND ACCOUNT SECURITY
The use of the Site is for your personal use only and may not be used for any commercial purpose. Certain functions of the Site may require registration, including purchasing products and posting reviews. Your use of the Site, including registration, requires you to be of legal age in the jurisdiction where you live. If you are eligible to register, you will be given an email address/username and password for your account. You are responsible for maintaining the confidentiality of your registered account and its username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password and you agree that you will not use the account, username, email address or password of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your account, username and/or password. We reserve the right, at any time for any or for no reason, determined in our sole discretion, to change any username provided by you and to refuse to provide you with service and/or to terminate your account without notice.
USE OF THE SITE
The use of the Site is for your personal use only and may not be used for any commercial purposes whatsoever. Moreover, you acknowledge that you cannot sell or resell any of the products, including samples, that you purchase or otherwise receive from the Company. You likewise acknowledge that you may not and agree that you shall not:
• use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
• attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
• probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
• reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the systems or networks, of the Company or any systems or networks connected to the Site or to the Company.
• use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction (if any) being conducted on the Site, or with the use of the Site by any other party.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Site or any service (if any) offered on or through the Site.
• pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
This Site may offer interactive features that allow you to submit content (“User Content”) to this Site. You agree that any use by you of such features and any User Content submitted by you, shall be your sole responsibility, shall not infringe or violate upon the rights of any other party or violate any laws, contribute to or encourage any infringement or other unlawful conduct, or be obscene, objectionable or in poor taste. Any submission of User Content specifically implies that you have each and every necessary right and license to make each such submission. Accordingly, do not provide any information and/or data to this Site or otherwise make any use of this unless it complies with the foregoing requirements. To the extent that you post, upload or otherwise transmit any User Content to the Site, you hereby grant to the Company an irrevocable, worldwide, royalty-free, non-exclusive license to make use of such User Content in such manner and for any purpose whatsoever as determined by the Company in its sole discretion without any obligation whatsoever upon the Company to provide you with compensation or other right. Furthermore, and without limiting the generality of the foregoing, to the extent that you provide any User Content to the Site, you may not, and agree that you shall not:
• violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights.
• impersonate or attempt to impersonate any person or entity.
• introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network.
• interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the infrastructure of the Site or the systems or networks, of the Company or any systems or networks connected to the Site or to the Company.
• cover, remove, disable, block or obscure advertisements or other portions of any Content or any other person’s User Content on the Site.
• advertise or promote competing products.
• engage in any commercial activity.
We do not endorse any User Content transmitted to or posted on the Site, and we do not guarantee the accuracy, integrity or quality of any User Content. You understand that as a result of your use of this Site, you may be exposed to User Content that is offensive, indecent or objectionable to you and that under no circumstances are we responsible or liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content.
COMPLIANCE WITH LAWS
You acknowledge that you must comply with all applicable laws regarding your use of this Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
LINKS TO OTHER SITES
You understand and acknowledge that the company and its agents have no responsibility whatsoever for any consequence to you that may arise from and/or relate to, directly or indirectly, any action you take or refrain from taking based on the content, information, services or other material on the site. While the company strives to keep the content on the site accurate, complete and up-to-date, the company does not guarantee, and is not be responsible for, any damage or loss related to the accuracy, completeness or timeliness of the content on the site.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE SITE
The site, and the content provided therein, is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, the company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.
The company does not make any warranty that this site will meet your requirements or that access to this site will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. The company makes no warranties as to the results that may be obtained from the use of the site or as to the accuracy, quality or reliability of any content or other information obtained through this site.
You understand and acknowledge that any content, material and/or data downloaded or otherwise obtained through the use of the site is used at your own risk and that you are solely responsible for any damage to your computer system and/or network or for any loss of data that may result from the download of such content, material and/or data.
No advice or information, whether oral or written, obtained by you from the company or through the site shall create any implied warranty.
The Company attempts to describe the Company’s products as accurately as possible. The Company does not warrant that product descriptions are accurate, complete, reliable, current or error-free, or that product depicted on the Site will match the actual product and or product that you receive.
LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances will the company, its affiliates, its suppliers or agents be liable for indirect, special, incidental or consequential damages, including without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or any other indirect, special, incidental or consequential damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the site; (2) the use of, or the inability to use, company products; (3) the cost of procurement of substitute items or web sites. Moreover, you understand that your sole remedy against the company for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of our agreement to allow you to make use of this site and without which the site and its content would be unavailable to you.
TERMINATION OF USE
LIMITATIONS OF ACTIONS BROUGHT AGAINST THE COMPANY
APPLICABLE LAW; VENUE
MODIFICATIONS TO THE AGREEMENT
The information communicated on the Site constitutes an electronic communication. When you communicate with us through the Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You acknowledge that we may communicate with you electronically and that any such communication, as well as, any notices, disclosures, agreements or other communications that we provide to you electronically, are equivalent to communications between us in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
It is the policy of the Company to decline unsolicited suggestions and ideas. Notwithstanding the foregoing, any inquiries, feedback, suggestions, ideas or other information you provide to the Company and/or the Site (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. To the extent that you post, upload or otherwise transmit any Submissions to the Company and/or the Site, by such submission you will be deemed to have granted us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign any Submission in any way as we see fit, including but not limited to copying it in whole or in part, creating derivative works therefrom, distributing and displaying any such Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works or using any such Submission within or in connection with our products. You also acknowledge that your Submission will not be returned by us and we may use your Submission, and any ideas, concepts or know how contained therein, without payment to you of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, then is will be conclusively presumed and you will be deemed to have represented and warranted that you are the owner of or otherwise control the rights to your Submission. If you make a Submission, it will be conclusively presumed and will be deemed to represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You understand that you may not use a false email address, impersonate any person or entity or otherwise mislead or attempt to mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims made as to rights in any Submission made by you or any damages arising from any Submission made by you.
NO THIRD PARTY BENEFICIARIES
LINKING TO WWW.LINDSEYADELMAN.COM
Linking to the Site from another website (“Linking Site”) is only allowed by the prior written approval of the Company.
All content included on the Site, including the web site design, software, text, graphics and images is the property of the Company and its affiliated companies or its content suppliers and is protected by the copyright laws of the United States and internationally. The images used on this site are the property of their respective copyright owners and are used by the Company pursuant to express authorization from the copyright owners or their agents. The content, images and software on this site may be used as a shopping resource or information for use of the Company products. Any other use, including, the reproduction, modification, distribution, transmission, republication or display, of the content, images and software on this site is strictly prohibited.
The trademarks Lindsey Adelman and Branching Bubble (collectively, the “Trademarks”) are registered trademarks of Lindsey Adelman Studio and are registered in the United States and many other countries throughout the world. None of the Trademarks may be used without the prior written consent of the Company and/or the owners thereof.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Company asks the users of this Site to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, the Company has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that a work of yours has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent of the Company the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A 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; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Copyright Agent for the Company of claims of copyright infringement on its Site is Robert Tucker of Tucker&Latifi, LLP who can be reached as follows: RTucker@tuckerlatifi.com
Upon receipt of the written notification containing the information as outlined in 1 through 6 above, the Company will review the written notification with it legal counsel and will take such action as it, in the exercise of its sole discretion, deems appropriate which may include, but may not be limited to: (i) removing or disabling access to the material that is alleged to be infringing; (ii) forwarding the notification to such alleged infringer (“Subscriber”); or (iii) notify the Subscriber that it has removed or disabled access to the material.
Important. Please read carefully.
COLLECTION OF AND USE OF INFORMATION
We only collect Personally Identifiable Information about individuals when such information is specifically provided by such individuals (a “User”) through their use of the Site. For example, if you send an e-mail through with the Site, you may be asked to provide personal information such as your name, e-mail address, and phone number.
Without limiting the generality of the foregoing, we may and intend to use your Personally Identifiable Information for the following purposes:
• to use it for the purposes for which it was provided to us by you.
• to contact you with information which we believe that you may find beneficial and/or interesting.
• to send you promotions and/or newsletters.
• to process and respond to your inquiries.
• to enhance and/or develop the display of customized content and advertising on this Site.
• to effectively administer and operate this Site.
• to operate, evaluate and improve our business (including developing new products; managing our communications; analyzing our products; performing data analytics; and performing accounting, auditing and other internal functions).
• to comply with any and all laws applicable to us.
• to respond to governmental inquiries or requests made upon us.
• to comply with valid legal process imposed upon us.
• to protect the rights, privacy, safety or property of the Company and the general public.
• to permit us to pursue available remedies or limit the damages that we may sustain.
DISCLOSURE OF INFORMATION
(ii) for the Company’s marketing purposes. For its marketing emails the Company uses the marketing automation service MailChimp[B&P1] , provided by The Rocket Science Group, LLC – 675 Ponce de Leon Ave NE, Suite 5000 – Atlanta, GA 30308 USA. The Company also uses Google Analytics to help the Company understand how the Company’s customers use the Site – you can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
(iv) where required by applicable laws, court orders or government regulations.
Finally, the Company may disclose Personally Identifiable Information in the following special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to the Company or others; (2) when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be interfering with (either intentionally or unintentionally) with the rights of the Company; (3) when we believe in good faith that the law requires it; (4) to any third party who may acquire the Company; and (5) in situations involving threats to the physical safety of any person.
We will make full use of all Non-Personally Identifiable Information acquired through this Site in such manner as we deem appropriate.
INFORMATION-SHARING DISCLOSURE REQUEST
You may request a “Notice of Information Sharing Disclosure” which will identify our affiliated third parties with whom the Company has shared the Personally Identifiable Information we have collected from you. You may request the Notice of Information Sharing Disclosure by writing us at Lindsey Adelman Studio, 324 Lafayette street, 8th floor, New York NY 10012.You may also send us your Notice of Information Sharing Disclosure request via e-mail at email@example.com or by telephone +1 212-473-2501. We will use our commercially reasonable efforts to respond to your request for a Notice of Information Sharing Disclosure within thirty (30) days after receipt of a request therefor.
HOW YOU CAN REVIEW OR CORRECT YOUR PERSONAL INFORMATION
You can contact the Company by telephone at +1 212-473-250 or by e-mail to firstname.lastname@example.org to learn if we are keeping Personally Identifiable Information about you. If the Company does have Personally Identifiable Information about you, we will provide you with a readable copy of such Personally Identifiable Information at no charge. You can also unsubscribe from receiving marketing communications by clicking on the unsubscribe link in any email marketing communication found at the bottom of each email. Factual errors in your Personally Identifiable Information, including information that is out of date, can be corrected by sending us a request that sufficiently details how your Personal Identifiable Information should be corrected. We encourage you to promptly update your Personal Identifiable Information with us if it changes.
You may always opt-out of receiving marketing communications from us. To remove any Personally Identifiable Information from our database or to elect not to receive future e-mail communications from the Company, send an e-mail to [Insert email] with the word “remove” in the subject line. Further, if you do not want your Personally Identifiable Information shared with third parties in the manner described in the Disclosure of Information section, please notify us by telephone at +1 212-473-2501 , by e-mail to email@example.com or at the following address:
Lindsey Adelman Studio
New York NY 10012
SECURITY OF INFORMATION
You can be assured that Personally Identifiable Information collected through this Site is secure and is maintained in a manner consistent with current industry standards. In order to most efficiently serve you, credit card transactions and order fulfillment may be handled by established third-party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order. Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information and make you feel as comfortable as possible when using this Site, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. We may post a notice on the Site if a security breach occurs.
PASSIVE AND NON-PERSONALLY IDENTIFIABLE INFORMATION COLLECTION
As you navigate through any website, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection.
This Site may use Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be Non-Personally Identifiable Information because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user’s computer). We may use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our site and administer and improve services to our consumers.
“Session” cookies are temporary bits of information that are erased once you exit your Web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on Web sites and to collect aggregate statistical information. This Site may use session cookies.
“Persistent” cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., username), helping to determine what areas of the web site visitors find most valuable and customizing the web site based on your preferences. This Site may use persistent cookies.
“Internet tags” (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the web site server information such as the IP address and browser type related to the visitor's computer. This Site may use Internet tags.
“Navigational data” (“log files,” “server logs,” and “clickstream” data) and “Internet Tags” are used for system management, to improve the content of the site, market research purposes and to communicate information to visitors. This Site may use navigational data.
We may also use other automated technologies to collect and analyze certain types of information we consider to be Non-Personally Identifiable Information including, but not limited to: (i) information related to the computers and/or mobile devices you use to access or interact with the Site (such information including, but not limited to, IP addresses, geolocation information, unique device identifiers and other information about your computers and/or mobile device(s), browser types and browser language); and (ii) information related to the ways in which you interact with the Site (such information including, but not limited to, referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you viewed the Site and other similar information). We may also capture other data, such as search criteria and results.
Please be advised that since Non-Personally Identifiable Information collected in connection with your use of this Site does not personally identify you, we may use the Non-Personally Identifiable Information for any purpose whatsoever, and we may share such Non-Personally Identifiable Information with third parties for any purpose whatsoever and without limitation.
This Site may contain links to the websites of third parties not affiliated with the Company. We are not responsible for the privacy practices or the content on any of these other websites, including any websites that may indicate a special relationship or “partnership” with the Company. The Company does not disclose unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you when you link to their website. This collecting of information is not subject to the control of the Company. To ensure protection of your privacy, always review the privacy policies of the websites you visit by linking from this Site.
OUR COMMITMENT TO CHILDREN’S PRIVACY
Protecting the privacy of the very young is especially important. We never collect or maintain information from persons we know to be under age 13, and no part of our Site is designed to attract anyone under age 13. Please do not communicate with or contact us if you are under age 13.
If you are a resident of the State of California, you may request a list of all third parties to which the Company has disclosed certain information during the preceding year for the third parties' direct marketing purposes. If you are a California resident and would like to make such request, please submit your request in writing to the Company using the contact information provided herein. If you are a California resident under the age of 18, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact the Company using the contact information provided herein and include the E-mail address associated with your account and a statement that you reside in California. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you posted and there may be circumstances in which the law does not require or allow removal.
VISITORS TO THE SITE FROM OUTSIDE THE UNITED STATES
If you are visiting the Site from a location outside of the United States, your connection will be through servers located in the United States. All information you receive from the Site will be created on servers located in the United States, and all information you provide will be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be as those in your country. By using this Site and/or submitting information to us, you specifically consent to the transfer of your information to the United States to the facilities and servers we use, and to those with whom we may share your information.
This site is created and controlled by the Company in the State of New Hampshire, USA. As such, the laws of the State of New Hampshire will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws. The above-stated notices, terms, and conditions are subject to change in the sole and absolute discretion of the Company.
The Company’s address and contact information is:
Lindsey Adelman Studio,
324 Lafayette street, 8th floor
New York NY 10012
All content of this Site is owned or controlled by Lindsey Adelman Studio, limited liability company (the “Company”) and/or its affiliates and is protected by trade dress, copyright, trademark, patent and various other intellectual and other proprietary rights and laws. You may download content only for your personal and non-commercial use. Other than the foregoing, no modification of or other reproduction of the content is permitted.
The Company will use reasonable efforts to include up-to-date and accurate information in this Site, but the Company makes no representation, warranty or other assurance as to the accuracy, currency or completeness of any of the information contained in the Site. The Company shall not be liable for any damages or injury resulting from any access that you may have to this Site, from any inability to access this Site or from any reliance that you may place on any information provided at this Site.
This Site may provide links or references to other websites, and you are advised that any such links to other websites are provided as merely a convenience to the users of this Site. You are also advised that the Company has no responsibility whatsoever for the content of such other websites and the Company shall have no liability for any damage or injury that may arise from your use of the content of such other websites.
The trademarks, service marks, trade names, trade dress and products identified in this Site are protected in the United States and/or internationally, as applicable. No use of any of the foregoing may be made without the prior written authorization of the Company, except when used to identify the products of the Company.