Effective Date: January 05, 2017
Terms & Conditions
Some of the links we make available to you on the Sites will redirect you to leave the Site(s). We cannot guarantee that the hyperlinks set out on our Site(s) will be accurate in any respect. You agree and acknowledge that the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control, and that we cannot and do not monitor these third party websites. You agree that we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. You acknowledge that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of Internet users. These links are provided only for your convenience, and their inclusion does not constitute or imply our approval or endorsement of those sites or their content.
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. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you are under 18, you may not use or access the Sites without the involvement of a parent or guardian over the age of 18.
Your obligations and Rights with Respect to Content and Material Submitted by You
You may submit comments, reviews, posts, feedback, questions, answers, notes, messages, images, video, audio, materials, ideas, suggestions or other communications a user submits (“User Content”) on certain portions of the Sites, and submit other content or information to us. User Content is not private or proprietary. You agree that as a condition of permitting you to submit User Content to us, you grant us, our affiliates, and any sublicensees, a non-exclusive, irrevocable, royalty-free, worldwide, fully sublicensable, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.
By submitting User Content, you represent and warrant that (a) you are its sole author, that it originated with you and was not copied in whole or in part from any other work, and/or that you own or otherwise control all the intellectual property rights to it; (b) if necessary, you have obtained all permissions associated with it, including without limitation permissions relating to intellectual property, rights of publicity and/or rights of privacy; (c) it does not contain hate speech or profanity, is not libelous, obscene, injurious to third parties, otherwise objectionable (as determined by us), or in violation of this Agreement; (d) that you are not a minor and have the legal right and capacity to enter into and comply with these terms; and (e) it is not composed of and does not contain software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You agree to use your own e-mail address to submit all User Content. Your submission of user content constitutes an agreement that you will defend, indemnify, and hold us harmless for all claims resulting from user content you supply.
You agree that if you violate any of these representations and warranties, we have the right, at any time, without notice and without limiting any and all other rights we may have in law or equity, to (a) refuse to allow you to submit further User Content; (b) remove and delete your User Content; (c) revoke your registration and right to submit User Content; and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name, and your password.
You acknowledge that we do not regularly review posted User Content. You agree that we have the right (but not the obligation) to monitor and edit or remove any activity or User Content, and that under no circumstances shall we take responsibility or assume liability for any User Content posted by you or any third party.
We do not endorse, are not responsible for user content, and specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on user content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any user content provided through the sites.
Pricing and Product Description Accuracy
We make every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced due to administrative or other error. In the event of a pricing error, you agree that we shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of our knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.
Claims Against Us to be Resolved by Arbitration
If you have a claim against us, you agree that it will be resolved by binding arbitration. Without your agreement to binding arbitration, we would be unable to provide our products and services to you on the same terms. Your agreement to binding arbitration means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the California Arbitration Act. You also agree not to bring a class action suit against us, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.
Our Right to Amend or Remove Policies
We have the right to modify, amend or delete any policy posted on the Sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.
Information We Collect From You:
Information we, our service providers and other third-parties, collect from you will vary, depending on how you use the Services and information you may choose to provide to us (whether through email, phone, internet or otherwise).
We, our service providers and other third-parties, may require Customers who visit the Services and/or purchase products on the Services to give us personally identifiable information (“Personal Information”). Personal Information is individually identifiable information about you, your friends and contacts, that we collect online, including, but not limited to, your full name, a user name and password, email address, phone number, physical address, financial information, and your credit card information and other billing information.
Automatic Collection of Information:
Like many Web sites on the Internet, we automatically track certain information about you as you visit and use our Services to help us (i) better understand, improve and modify the Services, (ii) better understand how the Services are used and experienced, and (iii) better understand how we can enhance your or others overall experience on one or more of the Services, including providing advertising and other information that is relevant to you. This tracked or automatically gathered information may include, among other things, your computer’s IP address (Internet Protocol address), browser type, the URLs and pages on the Services you’ve visited, sections of or content on pages on the Services on which you click or in which you are interested, the number of times you visit each page on the Services, what downloads and/or search queries you have made, and how long you spent on particular sections of the Services and on the Services generally. This automatically gathered data includes information provided through the use of "cookies", local storage, e-tags, log files and "clear GIFs" (described in more detail below). We do not link this automatically collected data to other information we collect about you.
Information From Cookies:
Information from e-tags, Scripts and Clear GIFs:
We and our third-party service providers use e-tags and scripts in analyzing trends, administering the Web site, tracking users’ movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. Also, our third party partner may use technologies such as tags and scripts to gather information about your activities on this Web site and other sites in order to provide you advertising based upon your browsing activities and interests.
Also, we and our third-party service providers sometimes use "clear GIFs" in connection with cookies and other website functions and emails. Clear GIFs perform administrative functions (but without detracting from your online experience), including being used to perform statistical and administrative tasks such as measuring traffic on the Services and its Web pages, verifying advertising avenues and positioning images on the web, and allowing us to gauge the effectiveness of certain communications and email marketing campaigns by letting us know which marketing emails have been opened by you or other recipients. However, please note that clear GIFs do not collect Personal Information.
Use of Local Storage:
We use local storage, such as HTML5, to store content information and preferences. Various browsers may offer their own management tools for removing HTML5. Additionally, third-parties with whom we partner to provide certain features on our Web site or to display advertising based upon your web browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.
How Your Information Is Used and Shared
Personal Information is generally kept for our use in assisting you in your current or future purchases or in analyzing sales trends. We do not sell, rent or provide your "Personal Information" to third parties, except as described below. The use and sharing of information about you depends on the context in which it is collected, as described below.
User-Requested Services and Information:
We may use other companies and individuals (1) to perform supporting functions for the various tools, functionality, information, products and services offered on or through our Services on our behalf, (2) to perform or support various tasks or initiatives instrumental to the business of, or related to operating or improving, the Services or (3) to assist us in testing, maintaining or improving the features, content or effectiveness of the Services or in performing research or development. These service providers (for example, credit card processing companies to bill you for goods purchased on the Services, email service providers to send out emails on our behalf, etc.) may be permitted to receive and use information collected from you or for internal purposes on an aggregated and/or anonymous basis (where you cannot be personally identified), but will not be authorized by us to use Personal Information for any other purpose other than in connection with performing the support functions for Essentials by Catalina or such other tasks, initiatives or assistance for Essentials by Catalina
From time to time, portions of the Service(s) may enable you to send email and other types of messages to us and to participate in blogs, product reviews, and other discussion groups. All such emails, reviews, comments and messages, and all such postings to blogs and/or discussion groups, become our property once you submit them (please see our Terms for more details on this). Your Internet Protocol (IP) address may be included in any email that you send, whether to us or to third parties. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Also, remember that our Services and blogs are open to the public, and, therefore, your postings can be seen by anyone and are therefore not protected by us or any other entity. Please use your own discretion when deciding whether and what to post and whom to contact. We reserve the right, in our sole discretion, to edit or delete postings from our Services, blogs, and discussion groups. This reservation of rights shall not under any circumstances obligate us to conduct such edits or deletions, nor shall it cause us to be liable for any such edits or deletions. To request removal of your personal information from our blog or community forum, please contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Protection of Rights:
We may release Personal Information or other information we collect from you if we believe that such action is appropriate to: (1) comply with legal requests and processes; (2) enforce the Terms for the applicable Services; (3) identify, contact or bring legal action against persons or entities who are or we believe have caused or might cause injury to us or a third party; (4) defend or respond to claims brought or threatened against Essential by Catalina, its employees, directors, suppliers or service providers, users of the Services or others; or (5) otherwise protect or assert the rights, property, interests or personal safety of Essential by Catalina, its employees, directors, suppliers or service providers, users of the Services or others. Any such release decisions may be made by us in our sole discretion.
The Personal Information you provide when you become a registered user of and create an account on one of the Services is used primarily to provide the information, features, products and/or services you purchase or request, to help us customize or enhance your or others’ online experience, and to increase the convenience of accessing new or existing tools, products and services on the Services. If applicable, this Personal Information may also be shared among the Services to make use of the Services more convenient by, for example, limiting the number of times you have to register with us. Your email address serves as a unique identifier in our record system, and together with your password, is designed to help us prevent unauthorized access to information you choose to store on the Services. The data you give us about your personal preferences and demographics (e.g., your age, ZIP code, or the like) may be used to help us offer tailored content, products, and services that we believe will be of interest to you. In addition, we may share this information, in aggregate or other protected forms (see the section entitled “Information We Collect From you: Personal Information,” above) or under confidentiality terms, with our current and/or future service providers so that either they or us can present and deliver products, functionality and services to you more effectively.
Promotions and Marketing:
Unless you specify that you'd prefer not to hear from us, if you provide your email address to us (whether on the Services or on a third party Web site) for promotional or other purposes at the time of registration or otherwise, we may use this to contact you for promotional or other purposes. You may have these communications terminated and opt out at any time by clicking on the “Unsubscribe” link contained in any promotional email or contacting us at Unsubscribe@essentialsbycatalina.com. If applicable, please be aware that opting out on one of our Services, does not opt you out from any of our other Services unless that option is specifically provided. Please note that despite unsubscribing from such communications, Nasty Gal may still contact you in relation to your order(s), purchase(s) or any issues relating any business you conduct with Essentials by Catalina. Please note that in certain instances, your name and/or email address may have been provided to us through our friend referral program. In this case, we may contact you via a one-time email. We store this information for the purpose of sending this one-time email and other internal purposes, including but not limited to tracking the success of our referral program. You may contact us at email@example.com to request that we remove your information from our database.
Internet Protocol (IP) Address:
Automatically Gathered Information:
Social Media Features
Our Commitment to Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we do not collect or maintain information from those we actually know are under 13, and no Site is structured to attract anyone under 13. If you are under the age of 13 you should not register or provide information on our Sites. If you have knowledge that a child under the age of 13 has submitted Personal Information to us, please email firstname.lastname@example.org.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing, using commercially reasonable security measures.
It is important for you to protect against unauthorized access to your password and computer. You should be sure to sign off after using a shared computer.
Effective Date and Modifications
Privacy Administrator Legal Department Essentials by Catalina 12781 Temescal Canyon Road Corona, CA 92883 Email: email@example.com