Terms Of Service
PERSONAL INFORMATION WE COLLECT
When you purchase our product, we collect several types of information from and about users of our Website. This may include your first and/or last name, address, email address, and phone number. If you use Third Party Services, such as social media or photo-sharing services, you may provide us with your Third Party Services account information, such as your username. We also collect other information you submit to us directly through our site or through Third Party Services.
HOW WE USE YOUR PERSONAL INFORMATION
We use information that we collect about you, or that you provide to us to: contact you, to present our Website and its contents to you, to provide you with information, products, or services that you request from us, for promotional and advertising purposes, for our third party relationships, to provide you with notices and updates about your account and/or order, to utilize Google Analytics in order to determine, for example, who is using our website and what pages were visited, for location information pending your device settings, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, to notify you about changes to our Website or any products or services we offer or provide though it, to comply with the law or any legal obligations, to share with affiliates, business partners, service providers, payment processors, law enforcement, or for any other purpose with your consent. We also may use the information you have entered via our “Submit Your Story” page to share with others using only information you’ve submitted including first name and state.
HOW WE COLLECT PERSONAL INFORMATION
We obtain personal information from various sources including any information you provide to us directly, we may record it automatically when you use our site (including technologies like cookies), and we receive it from third parties. (when you register for an account using a Third Party Service or when you make payments to us using our payment processor).
WHEN WE MAY DISCLOSE AND/OR RETAIN YOUR PERSONAL INFORMATION WITHOUT YOUR PERMISSION
When you provide us with personal information to complete a transaction, verify your credit card, place an order, share your story, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. For example, the information entered via our “Submit Your Story” page will be the only information shared for story sharing purposes and information entered while making a purchase, will be used primarily for billing/shipping purposes.
Our store is hosted with Squarespaces’s e-commerce platform. Squarespace provides us with the online e-commerce platform that allows us to sell our products and services to you. Squarespace complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union to the United States (“EU Personal Data”). We’ve certified to the Department of Commerce that we adhere to the Privacy Shield Principles and, assuming our certification is approved, you’ll be able to find it here. You can learn more about Privacy Shield by visiting https://www.privacyshield.gov/.
HOW TO CONTACT US
TERMS OF SERVICE
By visiting our site, sharing information via our site, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, or “Agreement). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, use any services, or purchase our product. Any new features, tools or products that are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
PERMISSION TO USE ANY CONTENT INCLUDING STORIES YOU CREATE, SHARE OR SUBMIT THROUGH OUR SITE
When you choose to share, post, or upload content including stories via our site, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You are granting us license to share your story and/or content via our social media channels to these terms. (Any story shared, posted, uploaded via our site through our “Share Your Story” submittal, will remain shared using content by first name and state only to protect your privacy.)
If you choose to post your story via social media channels and tag @linkbeforeyousink and/or #linkbeforeyousink, you are also granting us license to use your content on our site or through our social media channels through these terms. We may share, “repost” or publish the content you’ve posted using information you tag us in. This means, for example, that if you share your story on Instagram and tag us @linkbeforeyousink and/or #linkbeforeyousink, you give us permission to store, copy, and share it on Link Before You Sink’s site and/or social media pages as well as with others such as service providers that support our service. When you choose to share your content and tag us using @linkbeforeyousink and/or #linkbeforeyousink via social media channels, you also grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.
BY SHARING YOUR STORY VIA OUR SITE OR OUR SOCIAL MEDIA CHANNELS THROUGH TAGGING US, YOU ARE AGREEING THAT THE CONTENT AND/OR STORY YOU SHARE IS YOUR CONTENT AND/OR STORY AND NOT SOMEONE ELSES.
HOW YOU MAY NOT SHARE CONTENT ON OUR SITE:
You cannot impersonate others or provide inaccurate information.
You may not impersonate someone anywhere on our site, including falsifying a story that is not your own. You must provide us with accurate and up to date information (including registration information). You cannot do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose. You cannot do anything to interfere with or impair the intended operation of the Service. You cannot attempt to create accounts or access or collect information, including stories in unauthorized ways. This includes creating accounts or collecting information and/or stories shared in an automated way without our express permission. You cannot post any information or do anything that violates someone else's rights, including intellectual property.
DISCLAIMER OF LIABILITY
In no event shall Link Before You Sink or its affiliated companies be liable in any manner for any user generated content including story sharing via our site and/or our social media accounts. We do not control and are not responsible for what users post on or through our site and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal user generated content you may encounter on our sites or in connection with your use of our sites including our social media accounts. To the fullest extent permitted by applicable laws we exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation any direct, indirect, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of damage to property, claims of third parties, or other losses of any kind of character, even if we have been advised of the possibility of such damages or losses arising out of or in connection with the use of the sites or any web site with which they are linked or any merchandise available on our sites. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort including negligence, strict liability or any other basis.
ONLINE STORE TERMS
By using this website you represent and warrant that you are of legal age to form a binding contract with us in your state or province of residence. If you do not meet this requirement, you must not access or use our website. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of our website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account.
We reserve the right to refuse access to our website, products, or services to anyone for any reason at any time. Your information (not including credit card information), may, at some point, be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. These Terms grant you a limited, revocable, non-transferable, and non-exclusive license to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we provide social media features in connection with certain content, you may take such actions as are enabled by such features.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
MODIFICATION TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any of our products, any part of our website, or the website as a whole without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear online. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products, or product pricing, are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. WE DISCLAIM ALL LIABILITY ARISING FROM OR RELATING TO YOUR USE OF OPTIONAL THIRD-PARTY TOOLS.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties, including Love is Louder. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of their materials, products, or services, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We encourage you to review carefully the third-party's privacy policies and terms of service, and make sure you understand them before you engage in any transaction or share any information with these sites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments, ideas, or suggestions regardless of whether or not we use them; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content posted by you on our website that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You should note that it is your responsibility not to share information in public comments on our site that may allow others to identify you personally, or that compromises the security of your account details.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments or interactions with our website will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
We also reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content including our social media channels:
• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
OUR INTELLECTUAL PROPERTY RIGHTS
Our website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, collectively the “Content”), are owned by Link Before You Sink and/or Love is Louder its licensors or other providers of such material, and are protected by United States and international trademark or proprietary rights laws.
These Terms of Service grant you a limited, revocable, non-transferable, and non-exclusive license to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide social media features in connection with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in this Agreement.
• Access, or use, for any commercial purposes, any part of the website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or our Social Media Channels in breach of the Terms of Service, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by Link Before You Sink. Any use of the website not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark and other laws.
LINKS TO OUR WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our express written consent.
Our website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as we provide them, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you if done so with malicious or wrongful intent.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Prohibited Uses clause set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Link Before You Sink and the names of Link Before You Sink products and services referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of Link Before You Sink.
You agree to indemnify, defend and hold harmless Link Before You Sink and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the Agreements they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing your use of our site.
If, in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Link Before You Sink is registered in the state of Ohio, in the United States. We provide this Website for use only by persons located in the United States and those other countries to which we explicitly provide shipping. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ohio, without giving effect to any choice or conflict of law provision or rule (whether of Ohio or any other jurisdiction).