Welcome to www.YayBrand.com (the “Yay!Brand Website”), which is an e-commerce website that is owned and operated by Yay!Brand in Greensboro, North Carolina. Yay!Brand is hereinafter referred to as “Yay!Brand” or “we.”
- Modifications to this Agreement. Yay!Brand may modify this Agreement from time to time, and any such modifications shall be effective upon posting by Yay!Brand on the Yay!Brand Website. You agree to be bound to any changes to this Agreement when you use the Yay!Brand Website after any such modification is posted. It is therefore important that you review this Agreement each time before accessing the Yay!Brand Website to ensure that you are updated as to any changes. If you do not want to be bound by a modification to this Agreement, you will need to terminate your account, if any, and refrain from using the Yay!Brand Website or ordering any products after that date. No other amendments will be valid unless they are in a paper writing signed by Yay!Brand and by you.
- Modifications to the Yay!Brand Website. You understand and agree that Yay!Brand may discontinue or change the Yay!Brand Website at any time, without notice to you. Yay!Brand makes no commitment to update the information and content on the Yay!Brand Website.
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE YAY!BRAND WEBSITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Yay!Brand Website for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Yay!Brand immediately to authorize Yay!Brand to deny access to the Yay!Brand Website to anyone else presenting your password. Yay!Brand reserves the right to disable any user name, password or other identifier, whether chose by you or provided by us, at any time if, in our sole opinion, you have violated this Agreement.
- Use and Termination. This license to use the Yay!Brand Website is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Yay!Brand. You understand and agree that Yay!Brand, in its sole discretion, may terminate your account, direct you to cease using the Yay!Brand Website, and discontinue or restrict your access to the Yay!Brand Website, all without notice to you and for any reason. You agree that Yay!Brand shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Yay!Brand Website, your status as an account holder, or any parts thereof.
- Intellectual Property Protection. The Yay!Brand Website and its entire contents, features, and functionality including but not limited to all information, photographs, text, artwork, designs, graphics, page headers, logos, button icons, images, audio clips, video clips, digital downloads, prices, product descriptions, software, data compilations, scripts, trade names, service names, trade dress, and the design, selection, and arrangement thereof (collectively, “Content”), is the property of Yay!Brand, its licensors, or other third party providers, and is protected by U.S. and international trademark, copyright, and other intellectual property laws.
You shall not copy, reproduce, distribute, alter, display, perform, publish, license, broadcast, transmit, create derivative works from, download, disassemble, decompile, or store such Content without the prior written consent of Yay!Brand; provided, however, you may print or download one copy of a reasonable number of pages of the Yay!Brand Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. Systematic retrieval of data or other Content from the Yay!Brand Website to prepare any collection, compilation, database, or directory is strictly prohibited. The trademarks in the Content shall not be used, including as part of other trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Yay!Brand or the respective trademark owners. EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER YAY!BRAND NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE YAY!BRAND WEBSITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
- Prohibited Uses. You may use the Yay!Brand Website only for lawful purposes and in accordance with this Agreement Use. You agree not to use the Yay!Brand Website: in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Contribution Standards set out in this Agreement; to transmit, or procure the sending of, any advertising or promotional material without Yay!Brand prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; to impersonate or attempt to impersonate Yay!Brand, a Yay!Brand employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Yay!Brand Website, or which, as determined by us, may harm the Yay!Brand Website or users of the Yay!Brand Website or expose them to liability
Additionally, you agree not to: use the Yay!Brand Website in any manner that could disable, overburden, damage, or impair the Yay!Brand Website or interfere with any other party’s use of the Yay!Brand Website, including their ability to engage in real time activities through the Yay!Brand Website; use any robot, spider or other automatic device, process or means to access the Yay!Brand Website for any purpose, including monitoring or copying any of the material on the Yay!Brand Website; use any manual process to monitor or copy any of the material on the Yay!Brand Website or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the Yay!Brand Website; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Yay!Brand Website, the server on which the Yay!Brand Website is stored, or any server, computer or database connected to the Yay!Brand Website; attack the Yay!Brand Website via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Yay!Brand Website.
- User Contributions. The Yay!Brand Website may contain features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) information or materials (collectively, “User Contributions”) on or through the Yay!Brand Website. Any User Contribution you post to the Yay!Brand Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Yay!Brand Website, you grant us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You represent and warrant that: (A) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and (B) All of your User Contributions do and will comply with this Agreement, including the Contribution Standards below.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Yay!Brand, have full responsibility for such information, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the substance or accuracy of any User Contributions posted by you or any other user of the Yay!Brand Website.
- Monitoring and Enforcement. Yay!Brand reserves the right to: remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Contribution Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Yay!Brand Website or the public or could create liability for Yay!Brand; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Yay!Brand Website; and terminate or suspend your access to all or part of the Yay!Brand Website for any or no reason, including without limitation, any violation of this Agreement.
We do not undertake to review all User Contributions before they are posted on the Yay!Brand Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or information provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Copyrights and the Digital Millennium Copyright Act. It is our policy to respect the intellectual property rights of others. If you are alleging that material available through the Yay!Brand Website infringes upon your copyright, we ask that you please submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to the address provided below. In order to be effective, the notice must include the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Yay!Brand to locate the material; (4) Information reasonably sufficient to permit Yay!Brand to contact you (e.g., an address, telephone number and an email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In the event that materials are removed from the Yay!Brand Website by Yay!Brand (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, please submit a written counter-notification pursuant to the DMCA. In order to be effective, the counter-notification must include the following: (1) Your physical or electronic signature; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (4) Your name, address, telephone number, and, if available, an email address; and (5) A statement that you consent to the jurisdiction of the U.S. District Court for the District of North Carolina, and that you will accept service of process from the person who provided notification of the alleged infringement.
All written notices should be sent to the following: Yay!Brand, Attention: Maegen Novak, P.O.Box 10006 Greensboro, NC 27404; Email: email@example.com.
- Reliance on Information Posted. The information presented on or through the Yay!Brand 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 Yay!Brand Website, or by anyone who may be informed of any of its contents.
The Yay!Brand Website may include content provided by third parties, including materials provided by other users, bloggers and third party licensors, 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 Yay!Brand, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Yay!Brand. We are not responsible, or liable to you or any third party for the content or accuracy of any materials provided by third parties.
- Online Purchases and Other Terms and Conditions. All purchases through the Yay!Brand Website are subject to our additional terms of sale, which are hereby incorporated into this Agreement, including without limitation our processing, shipping, returns, and exchanges policies.
- Links to Other Sites. The Yay!Brand Website may contain hyperlinks to third party websites that are not under the control of Yay!Brand. Yay!Brand is not responsible for any content in any advertisement or hyperlink on the Yay!Brand Website or for any content in any hyperlinked website. If you access a third party website from the Yay!Brand Website, then you do so at your own risk. A hyperlink to a third party website does not imply that Yay!Brand endorses the content on or the business of the hyperlinked website. You are solely responsible for determining the integrity and reliability of the information in the advertisement or hyperlink on the Yay!Brand Website as well as the information on the hyperlinked website. Yay!Brand provides hyperlinks only as a convenience. Additionally, your dealings with or participation in promotions of advertisers found on the Yay!Brand Website, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Yay!Brand shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
- Territorial Use and Export Control. You acknowledge that the Yay!Brand Website is controlled in and originates from the United States. We provide the Yay!Brand Website for use only by persons located in the United States. We make no claims that the Yay!Brand Website or any of its content is accessible or appropriate outside of the United States. Access to the Yay!Brand Website may not be legal by certain persons or in certain countries. If you choose to access the Yay!Brand Website from outside the United States, you do so on your own initiative, at your own risk, and you are responsible for compliance with applicable local laws.
Software and other materials from the Yay!Brand Website may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from Yay!Brand Website may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (2) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Yay!Brand does not authorize the downloading or exportation of any software or technical data from the Yay!Brand Website to any jurisdiction prohibited by U.S. Export Laws.
- Disclaimer of Warranties. Yay!Brand uses reasonable efforts to provide accurate, complete, and current information on the Yay!Brand Website. However, Yay!Brand does not guarantee or warrant that the Content herein is accurate, complete, timely, or free of technical or typographical errors. It is your responsibility to verify any information provided. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THE YAY!BRAND WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YAY!BRAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YAY!BRAND MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE YAY!BRAND WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE; NOR DOES YAY!BRAND MAKE ANY WARRANTY AS TO THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, PRODUCTS, OR SERVICES PROVIDED OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. YAY!BRAND MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. NO INFORMATION OBTAINED BY YOU FROM THE YAY!BRAND WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. YOU AGREE THAT NEITHER YAY!BRAND NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE YAY!BRAND WEBSITE SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE YAY!BRAND WEBSITE, ANY PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON THE YAY!BRAND WEBSITE, ANY OTHER HYPERLINKED WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED IN THE YAY!BRAND WEBSITE, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF THE YAY!BRAND WEBSITE.
YOU SPECIFICALLY AGREE THAT YAY!BRAND IS NOT LIABLE FOR ANY CONDUCT BY YOU ASSOCIATED WITH THE YAY!BRAND WEBSITE, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO ACCOUNT HOLDER’S ACCOUNT. YAY!BRAND IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE YAY!BRAND WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY YOU, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE YAY!BRAND WEBSITE.
IN NO EVENT SHALL YAY!BRAND, ITS AGENTS, AND PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE YAY!BRAND WEBSITE, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PURCHASED, OBTAINED, OR ACCESSED, OR FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE YAY!BRAND WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF YAY!BRAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YAY!BRAND LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YAY!BRAND FOR THE ACCESS TO AND USE OF THE YAY!BRAND WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnity. You agree to indemnify and hold harmless Yay!Brand, and its subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims and expenses, including attorneys’ fees, arising from your use of the Yay!Brand Website, breach of this Agreement, or breach of any third party’s rights. This indemnification shall survive any termination of your status as an account holder or use of the Yay!Brand Website.
- Governing Law and Jurisdiction. Any claim relating to the use of the Yay!Brand Website and any Content shall be governed by the internal substantive laws of the State of North Carolina, without regard to its conflicts of laws rules. You expressly consent to the jurisdiction of the state and federal courts of North Carolina for any such claim.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE YAY!BRAND WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver and Severability. No waiver of by Yay!Brand of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Yay!Brand to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
- Entire Agreement. This Agreement, as amended, and the consents provided by you, constitute the entire agreement between you and Yay!Brand.
- Comments and Concerns. All feedback, comments, requests for technical support and other communications relating to the Yay!Brand Website should be directed to firstname.lastname@example.org. You may also call us at 336-337-8885.
Thank you for visiting the Yay!Brand Website.
Welcome to www.YayBrand.com (the “Yay!Brand Website”), which is an e-commerce website that is owned and operated by Yay!Brand in Greensboro, North Carolina. Yay!Brand is hereinafter referred to as “Yay!Brand” or “we.”
INFORMATION COLLECTED AND TRACKED BY VIA THE YAY!BRAND WEBSITE
In general, when you visit the Yay!Brand Website and access information, you remain anonymous. We will not provide any of your personal information to other companies or individuals without your permission.
Information We Collect About You. We collect several types of information from and about users of the Yay!Brand Website, including information: by which you may be personally identified, such as name, postal address, e-mail address or telephone number (“personal information”); that is about you but individually does not identify you; and/or about your internet connection, the equipment you use to access the Yay!Brand Website and usage details.
We collect this information directly from you when you provide it to us and automatically as you navigate through the Yay!Brand Website. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies.
Information You Provide to Us. The information we collect on or through the Yay!Brand Website may include:
- Information that you provide by filling in forms on the Yay!Brand Website. This includes information provided at the time of registering for an account or posting material. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Yay!Brand Website.
- Records and copies of your correspondence (including e-mail addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through the Yay!Brand Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Yay!Brand Website.
- Your search queries on the Yay!Brand Website.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Yay!Brand Website, or transmitted to other users of the Yay!Brand Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Yay!Brand Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Usage Tracking. We collect tracking information and monitor traffic patterns throughout this website, including the search terms that users enter in our search function. However, we do not correlate this information with data about individual users. We do break down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser). This information allows us to recognize users upon return to the Yay!Brand Website, better tailor our content to users’ needs, and to help our advertisers and sponsors better understand the demographics of our audience. The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of the Yay!Brand Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Yay!Brand Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
USE OF INFORMATION AND PROTECTION OF YOUR PRIVACY
We use information that we collect about you or that you provide to us, including any personal information:
- To present the Yay!Brand Website and its contents to you.
- To provide you with information, products or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing.
- To notify you about changes to the Yay!Brand Website or any products or services we offer or provide though it.
- To allow you to participate in any interactive features on the Yay!Brand Website.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
Disclosure of Your Information
- To our subsidiaries and affiliates, if any.
- To contractors, service providers and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Yay!Brand assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Yay!Brand about the Yay!Brand Website users is among the assets transferred.
- To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Yay!Brand, our customers or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by logging into the Yay!Brand Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to email@example.com.
- Promotional Offers from Yay!Brand. If you do not wish to have your contact information used by Yay!Brand to promote our own or third parties’ products or services, you can opt-out at any other time by logging into the Yay!Brand Website and adjusting your user preferences in your account profile or by sending us an e-mail stating your request to firstname.lastname@example.org. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
The Yay!Brand Website is not intended for children under 13 years of age. Consistent with the Federal Children’s Online Privacy Protection Act (COPPA), Yay!Brand will never knowingly request personally identifiable information from anyone under the age of 13. If we discover that a child under the age of 13 has provided us with any personally identifiable information, we will delete that information from our systems.
Yay!Brand operates secure data networks protected by industry standard security protocols, such as (if and where appropriate) firewalls, encryption, and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our users.
The Yay!Brand Website may contain hyperlinks to third party websites that are not under the control of Yay!Brand. Yay!Brand is not responsible for any content in any advertisement or hyperlink on the Yay!Brand Website, any content in any hyperlinked website, or the privacy polies of those sites. If you access a third party website from the Yay!Brand Website, then you do so at your own risk.
All feedback, comments, requests for technical support and other communications relating to the Yay!Brand Website should be directed to email@example.com. You may also call us at 336-337-8885.
Thank you for visiting the Yay!Brand Website.
PROCESSING, SHIPPING & HANDLING
Given that our products are often custom made, we will make every effort to ship all orders within four (4) to six (6) business days of receipt, excluding holidays. Orders received over the weekend will be processed on Monday. All shipments must be made to a physical address.
CANADA - $39 flat rate shipping for orders $0-$149. Free shipping for orders $150+
UNITED STATES (excluding Hawaii and Alaska) - $7.50 flat rate shipping for orders $0-$49. Free shipping for orders $50+
HAWAII AND ALASKA - $9.50 flat rate shipping for orders $0-$49. Free shipping for orders $50+
Sales tax is automatically applied to your www.yaybrand.com order in accordance with North Carolina state regulations.
RETURNS & EXCHANGES
If for any reason you wish to return or exchange unused or unworn merchandise, you may do so within thirty (30) days of your purchase date. You will be refunded the full amount of the item plus any incurred tax in the form of a refund, exchange or store credit. All returned merchandise should be in the same condition in which it was received with the tags in place. Merchandise that has been used, altered or sized may not be returned or exchanged. All items must be returned in a secure package and accompanied with the original receipt. The customer remains responsible for both outgoing and incoming shipping charges, both of which are non-refundable. All sale items, personalized items and special order merchandise are considered final sale.
HOW TO RETURN:
Please email firstname.lastname@example.org within thirty (30) days of receiving your shipment and explain the nature of the return. We will provide you with a return authorization number after your return has been approved. Packages will not be accepted without a return authorization number and a copy of the original sales receipt. Please keep your return authorization for your records as it will be needed to check the status of your return. For additional information or questions regarding online sales or returns, please email email@example.com or call 336-337-8885.