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The OceangramTM message in a bottle Store |
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Privacy Policy and Terms of Use Privacy Policy General By accessing and browsing oceangramstore.com or messageinabottlegreetings.com, you accept, without limitation or qualification, this Privacy Policy. Oceangram LLC keeps the right, at its sole discretion, to change, modify or otherwise alter this Privacy Policy. Changes and/or modifications shall become effective immediately upon the posting. Please review the Privacy Policy periodically. We want the Web Site's users to always be aware of any information we collect, how we use it, and under what circumstances, if any, we disclose it. We respect each visitor's right to personal privacy. To that end, we collect and use information throughout the Web Site only as disclosed in this Privacy Policy. This Privacy Policy applies solely to information collected on this site only. The privacy policy explains what information we collect on the Web Site and how we use such information. Please read this Privacy Policy carefully along with the Terms of Use. Remember! Your use of the Web Site indicates to us that you have read and accepted the terms of use and privacy practices, as outlined in the Terms of Use & Privacy Policy. While on the Web Site, you may encounter links to these or other web sites or online material. If you "click" on a link to such a third party, the "click" takes you off the Web Site and to a third party's web site, which is beyond Oceangram LLC's control. These other web sites may set their own cookies, collect data, and/or have their own privacy policies. This Privacy Policy only covers information collected at the Web Site, and does not cover any information collected by any other web site. We encourage you to review the privacy policy of any other web site you visit. Information We Collect Preface When you visit the Web Site, our web servers automatically collect web site usage information. Web site usage information is anonymous information that describes how the Web Site's visitors use and navigate the Web Site, and it includes the number and frequency of visitors to each web page and the length of their stays. We collect the anonymous information automatically sent to us by your web browser, such as browser type, referrer data that identifies the web page visited prior and subsequent to visiting the Web Site, and IP address. Personally Identifiable Information Personally identifiable information (hereinafter referred to as "PII") is information that could reasonably be used to identify you personally (such as your name, address, birth date or e-mail address). Generally, you may browse the Web Site without providing us with PII. However, there may be times when we ask you to provide us with certain PII. We reserve the right, at any time, to add features to the Web Site that require you to register or otherwise provide PII, including credit card information, or to require registration to access the Web Site. You can choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Web Site's features. We may combine the information we collect with information available from other sources, including information received from promotional partners or other third parties. We may use your PII to provide the information or content you have requested, to contact you about our features, products, or services, or for other purposes disclosed at the time of collection. We may also use your PII to contact you regarding your use of the Web Site or changes to our Terms of Use and Privacy Policy, or other policy or terms that affect you and your use of the Web Site. When you make a purchase on our website, and/or register to become a registered user of the website, you will be asked to enter your email address. We will not distribute these email addresses to any third parties and the only use we make with the email addresses provided is exclusively limited to the purchase or maintenance of the user registration. We do not knowingly collect any information from children under 13 years of age at the Web Site. If you are under 13 years of age, do not send us any information about yourself. If we discover that a child under the age of 13 has provided the Web Site with PII, we will delete that child's PII from its system. IP addresses When visitors request pages from the Web Site, our servers log the visitor's IP address. An IP address is a number that is assigned to your computer or network when you are on the Internet. We may collect IP addresses for a variety of internal purposes, such as system administration, to report aggregate information to Oceangram LLC's business partners or to audit the number of visits to different pages on the Web Site. Under certain circumstances Oceangram LLC, recipients, their legal representatives, and/or law enforcement authorities may be able to combine this with information disclosed by ISP's to determine the source of a particular communication. By using this service, you knowingly and voluntarily assume any risks associated with such disclosure. Cookies We collect information about the Web Site's users during usage of the Web Site's service, from the use of "cookies" as you use the service and during viewing pages on the Web Site. Cookies are information files that the Web Site may place on your computer to provide extended functionality and to personalize your experience at the Web Site. Cookies alone tell us nothing about who you are unless you specifically give us personally identifiable information. We do not store any PII in cookies, but we may link the cookie to any information we collect. You may occasionally get cookies from our advertisers, which is standard in the internet industry. We do not control these cookies, and these cookies are not subject to the Privacy Policy. Visitors to the Web Site should check the privacy policy of the advertiser to see whether and how it uses cookies. Oceangram LLC's use and disclosure of collected information We may use information collected about the Web Site's users to improve the content and navigation of the Web Site, or for other internal purposes. We may use cookies for a number of purposes. For example, we may use cookies to track usage patterns on the Web Site. Or, we may use cookies to record registration and personalization information, when applicable, enabling you to save your user name and password. You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. Third parties providing services on Oceangram LLC's behalf We may employ other companies and individuals to perform functions on Oceangram LLC's behalf. Examples may include hosting the Web Site, analyzing data, providing customer service, and payment processing services. These third parties may have access to the users' collected information in order to provide these services to us or on Oceangram LLC's behalf, but they are not permitted to use it for other purposes. Other third parties We may disclose anonymous, aggregated user statistics to third parties, such as advertisers on the Web Site, for a variety of purposes including but not limited to marketing promotional. We do not disclose to these entities any information that could be used to identify you personally. We do not rent, sell or otherwise disclose your PII to third parties unless disclosed to you at the time such information is collected or unless you otherwise give consent. Legal Notice Notwithstanding the above policies, we may disclose information about the Web Site's users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing the Web Site and applicable laws, to protect against misuse or unauthorized use of the Web Site, to protect the company's rights and property. We may also disclose user information whenever we believe disclosure is necessary to limit Oceangram LLC's legal liability, to protect or defend Oceangram LLC's rights or property or protect the safety, rights or property of the Web Site's users. Security We take steps to secure the data you submit to us (such as PII), including limiting the number of people who have physical access to our user data. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Last updated October 12, 2006. Terms and Conditions of Use Welcome to oceangramstore.com (hereinafter referred to as the "Web Site"). The Web Site is owned and operated by Oceangram LLC (hereinafter referred to as "Oceangram LLC", "we" or "us". The Website operates its services subject to the following conditions. If you visit or shop at Oceangramstore.com, you accept these conditions. ELECTRONIC COMMUNICATIONS When you visit Oceangramstore.com or send e-mails to us, 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. COPYRIGHT All content included on this site, such as text, graphics, logos, images is the property of Oceangram LLC and is protected by United States and international copyright laws. LICENSE AND SITE ACCESS Oceangram LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Oceangram LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Oceangram LLC. You may not use any Oceangramstore.com logo or other proprietary graphic or trademark as part of the link without express written permission. YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Oceangramstore.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Oceangramstore.com only with involvement of a parent or guardian. Oceangramstore.com reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. RISK OF LOSS All items purchased from Oceangramstore.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY OCEANGRAM LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. OCEANGRAM LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OCEANGRAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCEANGRAM LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OCEANGRAMSTORE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OCEANGRAM LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Dispute Resolution / Choice of Law / Forum Selection PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. These Terms of Use and Privacy Policy shall be construed and enforced in accordance with the laws of the State of Texas without regard to principles of conflict of laws. You and Oceangram LLC agree to make reasonable attempts to resolve any claim or dispute (including but not limited to privacy/security disputes); However, if a claim or dispute is not resolved as a result of such attempts, you agree to have any unresolved claims or disputes against Oceangram LLC whether related to these Terms of Use and Privacy Policy or otherwise, including the validity of this arbitration clause, resolved by binding arbitration by the American Arbitration Association ("AAA"), in accordance with its arbitration rules, except that you or Oceangram LLC may bring an individual action in small claims court. You agree that the forum for such arbitration proceeding and/or small court proceedings shall be held in Houston, Texas. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. If for any reason the arbitration clause set forth herein is deemed inapplicable or invalid, or the extent of the arbitration clause allows for litigation of disputes in court, you and Oceangram LLC agree to waive to the fullest extent allowed by law, any right to pursue or to participate as a plaintiff or as a class member in any claim or class or consolidated basis or in a representative capacity. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our Privacy Policy, Return Policy, and Order Processing and Shipping posted on this site. These policies also govern your visit to Oceangramstore.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. OUR ADDRESS Oceangram, LLC 20710 Shadow Mill Ct Katy, TX 77450 http://www.Oceangramstore.com |
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