1. ColoringNotebook LLC (the Company, we) is committed to protecting and respecting Your privacy, and appreciates Your trust that the Company will do so carefully and sensibly.
3. As used herein, "personal information" is the information that specifically identifies You as an individual and the information about Your activities, such as information about Your use of the Website, when directly linked to personally identifiable information.
Collecting the Information
6. We collect Your personal information in a number of ways when You visit our Website. At several places on the Website, we may collect certain information You voluntarily provide to us, which may contain personal information (for example, when You contact us by e-mail for any reason). We also occasionally obtain information about You from financial entities to perform verification services as well as obtain information automatically.
7. The information we collect from You includes things like:
• Your name;
• Your mailing address (for shipping);
• Your e-mail address;
• Your phone number;
• Your credit card number and other payment information.
8. Since protecting the privacy of young children is especially important, the Company does not knowingly collect or solicit personal information from anyone under the age of 13. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
9. When You visit our Website, some information is automatically collected, such as Your computer's Internet Protocol (IP) address, Your computer's operating system type, the browser type, and the time and date of Your visit and purchases. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above.
10. We may also automatically collect certain information through the use of "cookies". A cookie is a small file of letters and numbers downloaded to Your computer when You access certain websites. Like a key, a cookie itself does not contain information, but when it is read by a browser it can help a website to improve the service delivery process.
11. Our goals of using cookies are:
• to keep track of Your movements within the Website;
• to help You resume where You left off;
• to collect information so that we can determine how to improve our Website;
• to deliver advertising targeted to Your interests;
• to improve the Website experience, complete transactions You have requested, and other customization functions.
Use of Personal Information
13. In general, we use the collected personal information to process Your requests or transactions, to provide You with information, products or services You request, and to facilitate Your use of the Website and our administration and operation of the Website.
14. When You contact us with a comment, question or complaint, You may be asked for information that identifies You (such as Your name, address and a phone number) along with additional information we need to promptly answer Your question or respond to Your comment or complaint.
15. We use the information we collect for things like:
• fulfilling orders and requests for the Notebooks or for information;
• processing returns and exchanges requests;
• tracking and confirming online orders;
• shipping the Notebooks;
• marketing and advertising the Notebooks;
• operating, evaluating and improving our business;
• another specific purposes, for which the information was provided.
Links to Other Websites
Sharing the Information
18. We engage third parties to perform services in connection with the operation of our business. Examples of these services include, for instance, payment processing and authorization by Stripe, or financial transaction issues by financial entities. We may need to share personal information with these third parties so that they can perform their services. However, we limit the personal information that we give to them and authorize them to use this information only for the purpose of performing their services.
19. We may also transfer Your personal information to third-party service providers or agents who provide services to or on behalf of the Company such as hosting, data management and storage services.
20. We may be required to share Your personal information:
• in response to a regulation, court order or subpoena;
• when we believe it's necessary to comply with the law;
• to respond to a government request or when we believe disclosure is necessary or appropriate to protect the rights, property or safety of the Company, our customers, or others;
• to prevent harm or loss;
• in connection with an investigation of suspected or actual unlawful activity.
21. Other than as set out above, You will receive notice when information about You might go to third parties, and You will have an opportunity to choose not to share the information.
Protection of the Information
22. We use reasonable administrative, physical and electronic measures to protect the confidentiality of Your personal information under our control and appropriately limit access to it.
23. The Website uses Secure Sockets Layer (SSL) to protect your personal information during data transport. SSL protects information You submit via our websites such as ordering information, including Your name, address and credit card number.
24. However, the Company cannot ensure or warrant the security of any information You transmit to us and You do so at your own risk.
Effective as of 09 05 2015
Last amended: 04 23 2016
1.1. Welcome to the ColoringNotebook website! This is a legal agreement between you, the user of the website (“You”), and ColoringNotebook LLC (the “Company”, “we”, “us”).
1.3. This agreement is effective at the time You begin using the Website. You may terminate this agreement at any time by discontinuing Your use of the Website.
1.4. You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and the Company as a result of this TOU or Your utilization of the Website.
1.6. By accessing or using the Website, You represent that You are at least 18 (eighteen) years old. If You are not of such age, please consult with Your parent or guardian with respect to this TOU, because persons under such age are authorized to use the Website only if a parent or guardian accepts this TOU on their behalf.
1.7. You acknowledge and accept that these TOU are subject to change without prior written notice at any time in the Company’s sole discretion, by updating this posting.
1.8. You acknowledge and accept that the Company reserves the right, at its own and complete discretion, to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website.
II. ABOUT THE WEBSITE AND THE COLORINGBOOKS The Website
2.1. Our Website aims at helping you to order a ColoringNotebook – a winning combo of a stylish paper notebook and a coloring book for adults (the “Notebook”).
2.2. The Website is directed at users in the USA and other countries, wherever people might be interested in purchasing Notebooks. Goods
2.3. The Notebook is a thread-bound, 176-page notebook, which includes original coloring pages for adults. Coloring pages for the Notebook project were created by most talented graphic artists from Australia, Canada, France, Italy, US, Ukraine and Japan. All intellectual property rights arisen from their creative work were passed to the Company.
2.4. You may choose one of three variants of the Notebook, depending on the paper type inside – Blank, Ruled or Dot Grid.
III. PURCHASING THE NOTEBOOKS
3.1. To purchase the Notebook You should click on the “order now” button and then follow the directions on-screen.
3.2. Once you place Your order, we’ll email You with an order confirmation, including the ordering information You gave us, the quantity of Notebooks You purchased, their price and an estimated shipment date.
3.3. The regular retail price of the Notebook is $25.95. The Company has a right to change the price by amending this TOU at any time. You purchase the Notebook at a price established by this TOU on the date of a purchase.
3.4. The price of the Notebook includes the price for one Notebook, a user guide, a package and shipping.
3.5. You are responsible for any taxes imposed by Your country in connection with Your purchase and use of the Notebook.
3.6. To complete the order of the Notebook, You should pay the price for ordered Notebooks established by this TOU. For the purpose of accepting debit and credit card payments online from our customers, we use special service – Stripe (https://stripe.com).
3.7. To pay for the Notebooks, You should provide us with all the requested information, following the directions on-screen.
3.8. If we are not able to charge Your payment method or You fail to pay for Your purchase, we have the right to delay or suspend shipment of the Notebook.
4.1. We provide You free shipping internationally. We currently ships to the more than 50 countries. Local customs charges may apply.
4.2. We will do our best to arrange delivery of Your Notebooks within a reasonable time of ordering and the ship date as set out in the order confirmation email and this TOU.
V. CANCELLING AN ORDER AND RETURNING THE NOTEBOOK
5.1. If You decide to cancel Your order before the Notebook ships, the Company will provide a full refund to You. The cancellation is possible within 14 (fourteen) days following the ordering date. If Your payment has already been processed, You will receive a full refund. If Your payment has not been processed, it will be cancelled.
5.2. If You purchased the Notebook via the Website and You were unsatisfied with the purchase because of the defects, you may return the Notebook. The returned Notebook You send us must be in the original package. If You send the Notebook as it is prescribed in this paragraph, after receiving the Notebook from You, we guarantee You a full refund or exchange of the Notebook within 30 (thirty) days following the date, on which we received the one with defects.
5.3. If You request an exchange, we’ll pay for shipping of the new Notebook. The new Notebook will be shipped under the conditions applied to ordinary purchase according to this TOU amended on the date of Your request for an exchange.
5.4. If You request a full refund, it will be done by the same payment method the Notebook was purchased, i.e. via Stripe.
5.5. We will reship your order if it doesn’t arrive within 8 weeks. A refund is also available (excluding shipping costs). Email a request to email@example.com within 90 (ninety) days of pre-ordering or ordering to reship or refund an item.
VI. EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
6.1. The Company will not be responsible for any delay or failure to comply with the TOU if the delay or failure arises from any event, which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, wars, civil unrests, acts of terrorism or malicious damages to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
VII. INTELLECTUAL PROPERTY RIGHTS
7.1. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information and documentation (“Content”) as well as the design, structure, selection, coordination, expression of any Content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by the Company.
7.2. All Content is protected as a collective work under U.S. and international copyright laws.
7.3. The Company will have the exclusive ownership of all present and future existing rights to Content of every kind and nature everywhere.
7.4. Names, logos, and icons identifying the Company’s products are proprietary trademarks of the Company and any use of such marks as domain names, account identifiers or as search terms, without express written permission, is strictly prohibited.
7.5. Please note that You are not entitled to make copies of the Notebook and use them with a commercial purpose.
VIII. LIMITATION OF LIABILITY
8.1. THE MATERIALS IN THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8.2. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE COMPANY BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE MATERIALS IN THE WEBSITE.
8.4. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR GOODS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
9.1. By using the Website, You agree to defend, indemnify and hold harmless the Company, its affiliates, their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from Your use of and access to the Website and Your breach of any of these TOU.
9.2. This indemnity shall survive the duration of Your use of the Website.
X. APPLICABLE LAW AND DISPUTE RESOLUTION
10.1. These TOU shall be governed and interpreted pursuant to the laws of the State of Delaware, the USA, notwithstanding any principles of conflict of laws.
10.2. By using the Website You agree to abide by all applicable laws and regulations governing Your use of the Website.
10.3. In case of any dispute arisen from or related to Your using of the Website, You should first contact us and attempt to resolve the dispute informally. If we are unable to resolve our dispute within 30 (thirty) days, any party of the dispute is entitled to file a case to the court according to the jurisdiction prescribed by applicable law.
XI. CONTACT INFORMATION
Effective as of 09 05 2015
Last amended: 04 23 2015