Terms of Service
Effective as of November 25, 2014
Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this site. By accessing, using or obtaining any content, data, materials, information, products or services through the Bookmarks 4 Fun website ("Our Website"), you agree to be bound by these terms and conditions ("Terms"). If you do not accept all of these terms, then you may not use Our Website.
We recommend you print out a copy of these terms and conditions for your future reference.
e own Our Website and all of the text, images, software, trademarks, service marks or other material contained on Our Website (the "Intellectual Property"). You will not copy or transmit any of the Intellectual Property, except for your personal, non-commercial use on your computer. All copyright, trademark and other proprietary rights notices included in the Intellectual Property as presented at Our Website must appear on all copies you print. Bookmarks 4 Fun, the Bookmarks 4 Fun logo, Bookmarks4Fun.com, are registered trademarks of Bookmarks 4 Fun. Your use of and access to Our Website do not grant you any license or right to use any of the marks included on Our Website.
You agree that your use of Our Website is intended for your personal, non-commercial use. All Personal Stuff that you provide to us must be accurate and up-to-date. If any of your Personal Stuff changes, you must immediately update it. If you decide to receive messages or other communications from Our Website directly to your mobile device, you are solely responsible for keeping us updated with your current phone number and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number. Remember that standard text message and data rates apply and that not all carriers are covered. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
You may only use Our Website to browse, purchase products and/or join contests or games offered by Bookmarks 4 Fun. In addition, you agree not to do any of the following without prior express written permission of Bookmarks 4 Fun:
• deep-link to any portion of Our Website for any purpose;
• reproduce, duplicate, copy, sell, trade, resell or exploit the products and other Intellectual Property or Our Website;
• use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
• post or distribute any material on Our Website that violates the rights of any third party;
• use our Website to collect or store personal data about others;
• use Our Website for any commercial purpose unless we've given you written permission; or
• transmit any ad or promo materials on Our Website.
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website.
Feedback and Suggestions:
If you provide us with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports or any similar or related information ("Feedback"), you agree that: (a) we own the Feedback and any intellectual property rights associated with the Feedback; (b) we can use and share the Feedback without your consent; (c) we do not have to pay you for the Feedback; and (d) we may already be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit Feedback to us.
You understand that we do not control, and we are not responsible to review Feedback. However, we reserve the right to review, edit, or delete any Feedback at any time.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website or any materials that violate another person's intellectual property rights. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please email us at: email@example.com.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Bookmarks 4 Fun products or promotions. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Bookmarks 4 Fun.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice on Our Website. Your continued use of Our Website, following the posting of notice of any modification will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website, in any way, your only recourse is to immediately terminate use of Our Website. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website. The laws of the State of New Jersey (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website, or these Terms, you agree to file such action only in the state and federal courts located in New Jersey (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
The Site, Site Content, and products sold on or through this Site are provided "AS IS" and without warranties of any kind. You use the Site at your own sole risk. With respect to the Site, Site Content, and products sold on or through this Site, to the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, or (iii) the results obtained from the use of the Site will be accurate or reliable. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the materials or Site Content or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you download or otherwise obtain Site Content at your own risk, and that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all Site Content and other items used or contained in the Site at any time without notice.
Limitation of Liability:
Bookmarks4Fun shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Site; (ii) the Site Content or the conduct of other Site users or third parties; (ii) the performance of the products purchased through the Site; (iii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your data; “My Account”, we can add later(vii) any other matter relating to the Site or any other of our other products or services. Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to the Terms of Service, use of the Site, or Site Content is to stop using the Site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of the Site, our liability shall not exceed US$100.00. Our liability shall never be in excess of the amounts paid to us by you for products. Applicable law may not allow the limitation or exclusion of liability, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Bookmarks4Fun, LLC, its affiliates, officers, directors, employees, agents, and licensors from and against all losses, liabilities, costs (including without limitation attorneys' fees), damages, judgments, claims, of every kind and nature, arising from or relating in any way to your use of the Site, your conduct in connection with the Site or your violation of these Terms of Service, any law or the rights of any third party.
may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Electronic Payment Vendors:
Some payments may be processed through PayPal or other electronic payment vendors. Your relationship with the electronic payment vendor is separate from your relationship with us and is governed by the terms and conditions contained in such vendor's agreement and posted on their website.
If you have an issue with your product order, please contact us through the Contact Page on our website. If we made a mistake and sent you an incorrect order (meaning we sent you something different from what you actually submitted as an order to our site), you must contact us within 30 days (ask if this is the standard number of days) after you receive the order, to receive a refund, or for us to send you the correct order, at no cost to you. If we sent you a defective order (meaning the order was damaged when you received it), you must contact us within 30 days after you receive the order, to receive a refund, or for us to send you a new order, at no cost to you. If you had multiple items in your order, we will only refund, or send a replacement, for the part of the order that was incorrect or defective. To allow time for your order to be shipped to you, we begin the 30 day refund/replacement period 5 days after we ship out any US order, and 10 days after we ship out any international order. So any US order has 35 days from the date the order is shipped, and any international order has 40 days from the date the order is shipped, for you to receive a refund or replacement. After these time periods pass, there are no refunds or replacements.
We do not issue refunds or replace bookmarks or accessories if you decide you want a different color than what you ordered. We also advise you to choose your bookmark size carefully. Please see the recommendation on our site regarding size of bookmarks and how it relates to the size of the book you are trying to fit. We do not issue refunds or replace bookmarks if you determine you ordered the wrong size bookmark.
In addition, we have a no order cancellation policy. Once your order and payment have been accepted by our website, your order is final. If you decide to change something in your order after it has been accepted by our website, you can try to contact us through the Contact Page on our website before your order ships out, and we will try to fix the order how you want, but we cannot make any guarantees. Once your order and payment are accepted by our website, it cannot be cancelled.
We ship anywhere in the world where our shipping agents will ship.
The products sold on our Site contain small objects, including small steel pieces. These products are not meant for children under 6 years of age because they are a choking hazard, and because they can potentially cause bodily harm.
Our bookmarks are intended solely for use with books or electronic devices for decorative purposes. Not intended for use as clothing or jewelry or to wear on any part of the body.
Last updated: July, 2015
Effective as of November 25, 2014
This policy describes Bookmarks 4 Fun practices regarding personally identifiable information and data (“personal information”). This policy applies to our websites, mobile applications, email and text messages, and social media accounts (the “Websites”). When you use the Websites, you agree to the terms in this policy.
Personal Information:When you visit the Websites, we may collect information from you. Some of it may be personal information. This information can include search history, IP address, screen resolution, browser used, operating system and settings, access times and referring URL. If you are using a mobile device, we may also collect data that identifies your device, your settings and your location.
If you give us personal information, you are telling us that the information is true, accurate, complete and current. You are also telling us that you have the authorization to provide it to us.
We collect your personal information directly from you. For example, when you provide us your personal information when you register to place an order.
We also collect your personal information passively. We collect your personal information from third parties. This can include when you log in using a third party platform, such as Facebook.
To provide you and improve our Website and services, to better understand the users of our Website and services, to protect our property and to prevent damage to them.
We may share your personal information with our corporate affiliates and with third parties for our legitimate business purposes as permitted by law. For example, we may share your personal information with suppliers who perform services on our behalf and have agreed in writing to protect and not further disclose your information.
If you place an order through the Websites, we may share your personal information with the payment service providers. . These third parties will process your personal information as data controllers in accordance with their own privacy policies.
We may also share your information as otherwise described to you at the time of collection. For example, if you provide information to enter a sweepstakes, we may share your information with the promotional partners.
If Bookmarks 4 Fun itself (or part of its business) is sold or otherwise changes control, owners would have access to your personal information for the uses set out herein.
If you provide us a review of the products you purchased you authorize us to publish it on all our Website under the screen name you provided. You also authorize us to aggregate it with other reviews.
We may disclose personal information if required by law, for example to law enforcement or other authorities. This includes court orders, subpoenas and orders arising from legal processes, and administrative or criminal investigations. We may also disclose your personal information if the disclosure is necessary for the prevention, detection or prosecution of criminal acts or to prevent other damage, or in response to a legal action or to enforce our rights and claims.
We may also share anonymous aggregated usage information with others.
Our company is located in the U.S. By providing us personal information, you agree that your personal information may be transferred to and stored.
You are entitled at any time to obtain information about all your personal information that we store, in accordance with applicable law and without any fee. However, in exceptional cases we ask you to pay reasonable fee before we provide the information if permitted by applicable law. We may request proof of your identity before providing this information. We may not be able to allow you to access certain personal information in some cases. For example, if your personal information is connected with personal information of other persons, or for legal reasons. In such cases we will provide you with an explanation why you cannot obtain this information. You can also withdraw your consent to the use of your personal information at any time by contacting us at the address below. You can demand deletion or rectification of your personal information, however, statutory provisions, especially those affecting Bookmarks 4 Fun accounting, processing of claims, and mandatory data retention, may prohibit deletion or anonymization.
To exercise your rights, or if you have questions about our privacy practices or need assistance with exercising or understanding your privacy choices, please contact our Privacy Officer at: firstname.lastname@example.org.
Bookmarks 4 Fun Uses Tracking Tools:We (or our suppliers) use several common tracking tools. We use these tools to collect usage and demographic information about you over time and across different Web sites when you use our Website. We may also have third parties (e.g. advertisers) that collect personal information this way. Tools we use may include browser cookies. Your browser will store these cookies on your computer in a small file.
By using the Websites, you give us your free, unambiguous and informed consent to the use of any of the cookies and tracking tools mentioned in this policy.The Purpose of Tracking Tools Is:• To track new visitors to the Websites.• To help us recognize your browser as a previous visitor. This includes saving and remembering any preferences that may have been set while your browser was visiting the Websites, such as language.• To store your username and password if you are registered with us.• To work with online advertising companies to display targeted advertising on our website and third party websites that you visit. This targeting may be based on information you submit on our website or third party websites. This targeting may also be based on your activities or behaviors on our website or those of third parties. We may also obtain information about your browsing history from our business partners. To learn more about targeted advertising and how you can accept or refuse (opt-out of) this type of advertisements, we recommend that you visit www.aboutads.info/choices or www.youronlinechoices.eu.• To help improve our website offering and for capacity planning purposes. We or our third party service providers may set analytics cookies. These allow us to gather aggregated or segmented information about the types of visitors that access our Website and the pages and advertisements that they view. We do not use this information to personally identify you.
Your browser may give you the ability to control cookies. How to do this varies from browser to browser. You should view the Help menu on the browser you use for further information.
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.
Last updated: July, 2015