TERMS AND CONDITIONS
Crimson and Clover Studio LLC (“Crimson and Clover Studio”, “we”, “us”, and “our”) operates this website and online store (“Site”). Crimson and Clover Studio offers the Site, including all products, services, content, and tools available from the Site (together, the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our Services. By visiting or using our Site and/or purchasing something from us, you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Any new products, services, content, features or tools which are added to the Services will 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 Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.
SECTION 1 – ELIGIBILITY TO USE THE SERVICES
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You may not use any of the Services (including but not limited to any products or Content obtained from the Services) for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right to refuse to provide the Services to anyone for any reason at any time. Without limiting the generality of the foregoing, if we reasonably believe that you have breached or violated any of the Terms, we reserve the right to immediately suspend or temporarily or permanently terminate your access to the Services, in addition to taking any other action we deem necessary to protect us, our users, or our business. The foregoing is in addition to any other rights or remedies we may have under these Terms or under applicable law.
SECTION 2 - PERSONAL INFORMATION
SECTION 3 – STORE PRICES; AVAILABILITY
Prices for our products are subject to change without notice. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to discontinue any product at any time, to limit the quantities of any products or services that we offer, or to change the descriptions of any products or product pricing at any time without notice, in our sole discretion. We may exercise any of the foregoing rights in whole or on a case-by-case basis. Any offer for any product or service made on the Site is void where prohibited. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
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.
We attempt to describe and display as accurately as possible the features, colors and images of our products that appear on the Site; however, we cannot guarantee and do not warrant that product descriptions, images, colors, or other Content on the Services is accurate, complete, reliable, current, or error-free. If you are dissatisfied with any product you purchase from us, your sole remedy is to return or exchange the product in unused condition in accordance with our Return Policy.
SECTION 4 - BILLING
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your account.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items in your purchase, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped, unless it is a pre-order or order placed with a payment method requiring immediate debit.
SECTION 5 - SHIPPING AND DELIVERY
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with applicable shipping restrictions. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for any products you purchase pass to you upon delivery of the products to the carrier.
SECTION 6 - USER CONTENT; COMMENTS
The Services may allow you to post or share content or submit material, including without limitation Comments, information, text, graphics, images, or data (“Content”). If you provide us with any Content, you grant Crimson and Clover Studio a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and publicly display such Content throughout the world in any media. You further grant Crimson and Clover Studio the right to use the name that you submit in connection with such Content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post, that the Content is accurate, that use of the Content you supply does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify Crimson and Clover Studio for all claims resulting from Content you provide to us.
We may, but have no obligation to, monitor, edit or remove any Content submitted by any user, 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 rights or these Terms of Service.
If you provide us with creative ideas, suggestions, feedback, 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 and without compensation or credit to you, edit, copy, publish, create derivative works of, distribute, translate, exploit, and otherwise use in any media any Comments that you provide to us. We are and will be under no obligation (1) to maintain any Comments in confidence; or (2) to respond to any Comments. 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.
You understand that Content (except for credit card information), may 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. Crimson and Clover Studio makes no claim or promise about the safety or security of the Services, including without limitation the security of any Content you submit to the Services. You agree that you are using the Services at your own risk, and you assume all risks associated submitting any Content to the Services, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose.
SECTION 7 - OPTIONAL THIRD-PARTY TOOLS
We may provide you with access to tools provided by third parties (“Third-Party Tools”) over which we neither monitor nor have any control nor input. Third-Party Tools may be subject to different and additional terms and conditions. You acknowledge and agree that we provide access to Third-Party Tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional Third-Party Tools. Any use by you of Third-Party 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 such Third-Party Tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Services may include links to content or websites provided by unaffiliated third parties (“Third Party Links”). We are not responsible for examining or evaluating the content or accuracy of Third Party Links, and we do not warrant and will not have any liability or responsibility for the content, information, materials, products or services available through Third Party Links or provided by 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 Links. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – SERVICES CONTENT
All Content included in or made available through the Services, including without limitation any text, graphics, logos, icons, images, downloads, or data, is the property of Crimson and Clover Studio or its licensors and protected by United States and international intellectual property laws. All rights not expressly granted to you under these Terms are reserved and retained by Crimson and Clover Studio or its licensors.
We are not responsible if Content made available on this Site is not accurate, complete or current. The Content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content on this Site is at your own risk.
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 Content on 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. Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services 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 Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Services has been modified or updated.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Services or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without our express written permission.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The Services and all Content, products and OTHER services PROVIDED BY US to you are (except as expressly stated by us) provided “as is” and “as available” for your personal, non-commercial use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. CRIMSON AND CLOVER STUDIO DOES NOT WARRANT THAT THE SERVICES, CONTENT, PRODUCTS, OR OTHER SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In no case will Crimson and Clover Studio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Services or any Content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Crimson and Clover Studio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – TERMINATION
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 notifying us that you no longer wish to use our Services and ceasing all use of the Services.
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 and your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 14 - GENERAL
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services 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). If any provision of these Terms of Service is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Services will remain in full force and effect. Our failure to act with respect to a breach of these Terms of Service by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Service without restriction. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. Any use of the term “including” or variations thereof in these Terms of Service will be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Service) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 15 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws of the State of California. You and Crimson and Clover Studio expressly agree that the courts of competent jurisdiction located in Marin County, California, will have personal jurisdiction over the parties for any action arising out of or in connection with these Terms and/or any transaction contemplated thereby, and courts of competent jurisdiction located in Marin County, California, will be the sole and exclusive venue for any such action.
SECTION 16 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Services by posting updates and changes to our website. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at firstname.lastname@example.org
SECTION 18 - MESSAGING TERMS AND CONDITIONS
These Messaging Terms and Conditions (“Messaging Terms”) govern the automated marketing and informational text messages sent by Crimson and Clover Studio to users who have opted-in to our messaging service.
If you provide us with a mobile phone number and agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from us, we may send you text messages using an automatic telephone dialing system to the mobile telephone number you provided when joining or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Messaging and data rates may apply. Message frequency will vary. Crimson and Clover Studio reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Crimson and Clover Studio also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Crimson and Clover Studio, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Cancellation. Reply STOP to cancel. After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Crimson and Clover Studio and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Crimson and Clover Studio through any other programs you have joined until you separately unsubscribe from those programs.
Mobile Phone Number Change. In the event that you change or deactivate your mobile phone number, you agree to promptly notify Crimson and Clover Studio by emailing us at email@example.com.
Dispute Resolution. In the interest of resolving disputes between you and Crimson and Clover Studio in the most expedient and cost effective manner, you and Crimson and Clover Studio agree that any dispute arising out of or in any way related to these Messaging Terms or your receipt of text messages from Crimson and Clover Studio or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Crimson and Clover Studio or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND CRIMSON AND CLOVER STUDIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Notwithstanding the foregoing, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Crimson and Clover Studio to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Crimson and Clover Studio will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Crimson and Clover Studio. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Crimson and Clover Studio intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Crimson and Clover Studio address for Notice is: Rachel Khona, Attn: Chief Executive Officer, 1495 Casa Buena Drive, Suite 404, Corte Madera, California 94925. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Crimson and Clover Studio will make good faith efforts to resolve the claim directly, but if you and Crimson and Clover Studio do not reach an agreement to do so within 30 days after the Notice is received, you or Crimson and Clover Studio may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Crimson and Clover Studio must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees. The payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Crimson and Clover Studio agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Crimson and Clover Studio made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND CRIMSON AND CLOVER STUDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Crimson and Clover Studio agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Crimson and Clover Studio makes any future change to this arbitration provision, other than a change to Crimson and Clover Studio’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Crimson and Clover Studio address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Crimson and Clover Studio.
Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision will be deemed stricken and the remainder of these Messaging Terms will remain in full force and effect.
Changes to Messaging Terms. We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes will constitute your acceptance of such changes.