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Welcome to TheLuckyChild.com website (to be referred to henceforth as the "Site).
TheLuckyChild.com provides the content and services available on the Site to you subject to the following
terms and conditions ("Terms and Conditions"). By accessing or using the Site, you are hereby
acknowledging that you have read, understand and agree without limitation or qualification, to be bound
by these Terms and Conditions, which include our Privacy Policy. These Terms and Conditions were last
updated on 08/01/2006.
1. Privacy Policy
Please review our Privacy Policy below, which also governs your visit to the Site, so that
you may understand our privacy policy practices.
When you provide us with information through TheLuckyChild.com, we value and have the
utmost respect for your privacy. It is important for you to understand what information we
collect about you during your visit and what we do with that information. Your visit to the Site is
subject to this Privacy Policy as well as our Terms and Conditions. Please note that this Privacy
Policy governs only the information provided to TheLuckyChild.com and communications from
TheLuckyChild.com. It does not govern any other information or communications that may
refer to or reference TheLuckyChild.com, (e.g., communications from news agencies, retailers,
catalogs or brick and mortar stores). This Privacy Policy was last updated 08/01/06.
A. Collection of Personally Identifiable Information by TheLuckyChild.com
We do not collect personally identifiable information about you, except when you provide
it to us. For example: If you decide to complete a user registration form or on-line survey,
you may be asked to provide certain information or your contact information (name,
e-mail address, mailing address, telephone number, your child's birthdate for the purpose
of sending personalized birthday greetings, etc.), age group, gender, product likes/dislikes,
and what products you use from TheLuckyChild.com. If you decide to place an order, we
need to know your delivery and billing address, credit card number and expiration date.
If you would prefer us not to collect any personally identifiable information about you, then
please do not provide us with any such information. When you submit your personally
identifiable information on the Site, you are thereby giving your consent to the collection
and disclosure of your personally identifiable information as set forth in this Privacy Policy.
B. Use of Personally Identifiable Information by TheLuckyChild.com
a. Opt-In Communications
If you opt-in during the Site registration process or at other times when you submit
personally identifiable information, the information you provide may be used by
TheLuckyChild.com to create and deliver to you our newsletters, product updates,
sales, or other communications containing product information or promotions. If
you prefer not to receive such Opt-In Communications, please do not opt-in to
receive these communications. If you do opt-in and later decide that you would no
longer like to receive these communications, you may opt-out (see Opt-Out Section
below).
b. Other Communications
If you have elected to provide us with your contact information (e.g. by registering
at the Site, e-mailing our contact e-mail addresses or placing an order, we may
provide you with service-related announcements concerning you or contact you
regarding your customer service requests or specifications you have made on a
particular order. For example, all registered users will receive an e-mail welcoming
them to TheLuckyChild.com and to confirm their registration. You may also receive
communications from TheLuckyChild.com if there is a question regarding an item
requiring personalization. These types of communications are necessary for us to
serve you, answer any questions or concerns you may have, and basically provide
you with the highest level of customer service that TheLuckyChild.com can offer its
clients.
C. No Disclosure of Personally Identifiable Information for Third Party Marketing Without
Your Prior Consent
It is the strict policy of TheLuckyChild.com to never provide your personally identifiable
information to third parties for their use in marketing their products or services to you.
However, if TheLuckyChild.com deems that such an offer or offers will benefit our clients,
such personally identifiable information will not be provided without your prior consent.
D. Disclosure of Personally Identifiable Information
a. Fraud Protection, Fraud Prevention and Compliance With Law
We may disclose any information, including personally identifiable information, we
deem necessary, in our sole discretion, to comply with any applicable law, legal
process, regulation or governmental request. We may also choose to exchange
information, including personally identifiable information, with other companies and
organizations for the purpose of fraud protection, fraud prevention and risk factor
reduction.
b. Service Providers
We may retain other companies and individuals, at our sole discretion, to perform
functions consistent with our Privacy Policy on our Site. Examples may include, but
not be limited to, hiring customer support specialists, webhosting companies, data
analysis firms, e-mail service providers and fulfillment companies (e.g. companies
who ship product orders or coordinate mailings). Such third parties may be
provided with personally identifiable information needed to perform their said
functions, but may not use this information for any other purpose or gain.
c. Special Events
If you elect to participate in any promotions, sweepstakes, surveys, questionnaires
or other events during your visits to our Site, the rules or terms and conditions for
those events may indicate that your personally identifiable information will be
shared with third parties. By choosing to participate and submitting your personally
identifiable information with respect to such events, you consent to disclosure of
your personally identifiable information to such third parties.
d. Business Transfers/Sale
As we continue to develop and grow our business, we may choose to sell certain of
our assets. In such transactions, user information, including personally identifiable
information, generally is one of such transferred business assets, and by submitting
your personal information on the Site you agree that your data may be transferred
to such parties in these circumstances.
E. Cookies and IP Addresses
We may place a "cookie" on your computer's hard drive so we can recognize you as a
return user. A cookie is a piece of data that enables us to track and target your product
preferences. The cookie will be on your computer's hard drive until you remove it. We
may also use temporary or "session" cookies to help you. These cookies will expire when
you place an order. You can have your browser notify you of, or automatically reject the
cookies. If you reject our cookies, you may still use our Site, but you may be limited in the
use of some of the areas on the Site. Some of our business partners may also use cookies
on the Site. However, we have no access to, or control over these cookies and do not
accept any responsibility or indemnity for such use. In addition, we may use IP addresses
to analyze trend data, administer the Site, track traffic patterns, and gather demographic
information for aggregate use, as well as in combination with your personally identifiable
information for credit fraud protection, fraud prevention and risk factor reduction.
F. Pixel Tags and Tracking Technology
When you visit this Site or view one of our e-mails, we may use pixel tags (also called
"clear" gifs) and/or tracking technology to note some of the pages you visit on our Site in
order to personalize your shopping experience. We may also use pixel tags to determine
what types of e-mail your browser supports. We may use the information collected
through pixel tags, tracking links and similar technology in combination with your
personally identifiable information.
G. Use of Aggregate Information
We may use the information you provide in aggregate (non-personally identifiable) form
for internal business use, such as generating statistics and developing marketing plans.
We may collect, store or accumulate certain non-personally identifiable information
concerning your use of the Site, such as information regarding which of our products are
most popular. We may share or transfer non-personally identifiable information with or
to our affiliates, licensees, stores and partners.
H. Children Under 13 Years of Age
We take special steps to safeguard the privacy of children. If you are under 13 years of
age, you may browse the Site. However, you may not provide personal information to us.
For example, you cannot register or make a purchase. The Site is not designed for
children and we do not knowingly collect personally identifiable information from any
child under the age of 13 without parental consent (e.g. a parent or legal guardian is the
only person allowed to provide us with birth dates for the purpose of personalized e-mail
birthday greetings for children).
I. Links
The Site may contain links to or from other websites. Please be aware that we are not
responsible for the privacy practices of other websites. This Privacy Policy applies only to
the information we collect on the Site. We encourage you to read the privacy policies of
other websites you link to from the Site or otherwise visit.
J. Security
We implement various security measures in accordance with industry standards in order
to protect the security of your personally identifiable information both online and offline.
If you have any questions about security at the Site, please e-mail us.
K. Notification of Changes
We may revise this Privacy Policy from time to time. If we decide to change our Privacy
Policy, we will post the updated policy here. As we may make changes at any time without
notifying you, we suggest that you periodically view our Privacy Policy. Please note that
our rights to use your personally identifiable information will be based on the latest
version of the Privacy Policy in effect at the time the information is used, not necessarily
at the time it is collected.
L. Updating Your Information
You have the ability to change and/or correct the personally identifiable information you
provide us by e-mailing us at clientservices@theluckychild.com.
M. Opt-Out
You may opt-out of receiving future Opt-In Communications from theluckychild.com when
you contact us at clientservices@theluckychild.com.
N. Comments/Feedback
We have taken great measures to ensure that your visit to the Site is a great experience
and that your privacy is constantly guarded and respected. If you have any questions,
comments, concerns or feedback about the Privacy Policy at theluckychild.com, please
feel free to contact us by e-mail at clientservices@theluckychild.com.
2. Purchase-Related Policies
The products and services available on the Site, and any samples thereof we may provide you,
are for personal use only. You may not sell or resell any of the products or services, or
samples thereof; you purchase or otherwise procure from us. We reserve the right, with or
without notice, to cancel or reduce the quantity of any orders that we believe at our sole
discretion, may result in the violation of our Terms and Conditions.
3. Accuracy of Information
We make every attempt to be as accurate as possible when describing our products on the
Site. However, to the extent permitted by applicable law, we do not warrant that the product
descriptions, colors or other content available on the Site to be accurate, complete, reliable,
current or error-free.
Additionally, information provided on this site is for recreational and informational purposes
only. Even if the information published here is meant to be accurate, it is not intended to
substitute professional medical advice with respect to bath and body products on the Site.
Please contact your physician or local medical facility for information specific to your
individual needs.
TheLuckyChild.com or any contributors do not take responsibility for any consequences relating
directly or indirectly to information, recommendations, treatment, procedure, action or
application of medicine by any person using the present site with respect to bath & body
products or any other product offered herein.
The information contained here is offered without any warranty and it is not liable for its
accuracy, mistakes or damage caused by the user's reliance on information obtained on this
Site
4. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons,
images, photographs, audio clips, data compilations and software, and the compilation thereof
(collectively known herein as the "Content") is the property of TheLuckyChild.com, The Lucky
Child, our affiliates, partner and/or licensors, and is protected by United States and
international copyright laws.
The trademarks, logos and service marks displayed on the Site (collectively known herein as
the "Trademarks") are the registered and unregistered marks of TheLuckyChild.com, The Lucky
Child, our affiliates, partners and/or licensors, in the United States and other countries and are
protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section 5 below, or as required under applicable
law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced,
duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part,
for any purpose without our prior written consent.
5. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use
of the Site. This license does not include the right to: (i) frame or utilize framing techniques
to enclose the Site or any portion thereof; (ii) modify or download the Site or the Contents
(except caching or as necessary to view the Site); (iii) make any use of the Site or the Contents
other than personal use; (iv) create any derivative work based upon either the Site, the
Contents or the Trademarks; (v) collect account information for the benefit of yourself or
another party; (vi) use any meta tags or any other "hidden text" utilizing our name (The Lucky
Child, TheLuckyChild.com) or the Trademarks or to otherwise use the Trademarks in any way;
or (vii) use software robots, spiders, crawlers or similar data gathering and extraction tools, or
take any other action that may impose unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the
welcome page of the Site for personal, non-commercial use only. A website that links to the Site
(i) may link to, but not replicate, our Content (therefore our Site as well); (ii) may not imply that
we are endorsing such website or its services, content or products; (iii) may not misrepresent
its relationship with us, whether implied to stated; (iv) may not contain content that could be
construed or deemed as distasteful, obscene, offensive or controversial, and may only contain
content that is lawful and appropriate for all ages; (v) may not portray us or our products or
services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or
associate us (the Site, the Contents or the Trademarks) with undesirable products, services or
opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other
than the home page. We may, in our sole discretion, request that you remove any link to the
Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site is strictly prohibited and terminates the limited
licenses set forth in this Section 5 without prejudice to any other remedy provided by
applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the
special warnings or instructions for access or use posted on the Site. You shall act always in
accordance with the law, custom and in good faith. You may not make and change or alteration
to the Site or any Content or services that may appear on the Site and may not impair in any
way the integrity or operation of the Site. Without limiting the generality of any other provision
of these Terms and Conditions, if you default negligently or willfully in any of the obligations
set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for
all the losses and damages that this may cause to The Lucky Child, TheLuckyChild.com, our
affiliates, partners or licensors.
7. Your Account
You may choose to register at our Site. If you do, you will have an e-mail address/username
and password for your account. You are solely responsible for maintaining the confidentiality
of your account, username and password and for restricting access to your computer. You
agree to accept responsibility for all activities that occur under your account, username and/or
password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you
violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in the
best interests of The Lucky Child and/or TheLuckyChild.com to do so.
8. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to
or from the Site. Links appearing on the Site are for convenience only and not an endorsement
by us, our affiliates or our partners of the referenced content, product, service or supplier.
Your linking to or from any off-website pages or other websites is strictly at your own risk. We
are in no way responsible for examining or evaluating, and we do not warrant the offerings of,
off-website pages or any other websites linked to or from the Site, nor do we assume any
responsibility or liability for the actions, content, products or services of such off-website pages
websites, including, but without limitation to, their privacy policies and terms and conditions.
You should carefully review the terms and conditions and privacy policies of all off-website
pages and other websites that you visit.
9. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with
regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or
other information you provide us (collectively herein known as "Submissions") will be treated
as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy by
transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free,
perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, sell, assign, translate, create, create derivative works from, distribute and
display any Submission in any form, media, technology, whether now known or hereafter
developed, alone or as part of other works. You also acknowledge that your Submission may
not be returned and we may use your Submission, and any ideas, concepts or know-how
contained therein, for any purpose, including, but without limitation to, developing,
manufacturing, distributing and/or marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the
rights to your Submission. You further represent and warrant that such Submission does not
constitute or contain software viruses, commercial solicitation, mass mailings, chain letters, or
any form of "spam" or "spam-related" material. You may not use false identification such as
false e-mail address, impersonate any person or entity (either deceased or living), or
otherwise misrepresent yourself or mislead us as to the origin of any Submission. You agree
to indemnify us from claims arising from or in connection with any claims to any rights
regarding any Submission.
10. Representations and Warranties: Limitation of Liability
THE SITE IS PRESENTED "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, IN CONNECTION WITH
THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL
NOT BE RESPONSIBLE FOR OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE),
UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR
DAMAGES OF ANY KIND INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE
OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR
MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE,
INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY
INACCURACIES OR OMISSIONS IN CONTENT; (g) ACTS OF GOD; OR (h) EVENTS BEYOND
OUR REASONABLE CONTROL.
FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY INDIRECT, SPECIAL, DIRECT, SPECIFIC, NON-SPECIFIC,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF
ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).
11. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs,
including reasonable or unreasonable attorneys' fees, resulting from any third party claim,
action or demand resulting from your use of the Site. You also agree to indemnify us for any
loss, damages or costs, including reasonable and unreasonable attorneys' fees, resulting
from your use of software robots, spiders, crawlers, or similar data gathering and extraction
tools, or any other action you take that imposes an unreasonable burden or load on our
infrastructure.
12. Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions
contemplated by these Terms and Conditions shall be governed by the laws of the State of
Ohio, as if the Terms and Conditions were a contract wholly entered into and wholly performed
within the State of Ohio. Any dispute relating in any way to your visit to the Site shall be
submitted in confidential arbitration in Ohio, except that, to the extent you have in any manner
violated and/or threatened to violate our intellectual property rights or the intellectual
property rights of our affiliates, partners or licensors, we may seek injunctive or other
appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such
court. Arbitration under this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class action
arbitration proceedings or otherwise.
13. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy
Policy, constitute the complete and exclusive agreement between us concerning your use of
the Site, and supersede and govern all prior proposals, agreements or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time
by posting the changes on the Site. Any changes are effective immediately upon posting to
the Site. Your continued use of the Site constitutes your agreement to all such terms and
conditions. We may, with or without prior notice, terminate any of the rights granted by these
Terms and Conditions. You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Site.
Nothing contained within these Terms and Conditions shall be construed as creating an agency,
partnership or other form of joint enterprise between us. Our failure to require your
performance of any provision hereof shall not affect our full right to require such performance
at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held
to be a waiver of the provision itself. In the event that any provision of these Terms and
Conditions shall be unenforceable or invalid under any applicable law or be so held by any
applicable arbitration award or court decision, such unenforceability or invalidity shall not
render these Terms and Conditions unenforceable or invalid as a whole. We will amend or
replace such provision with one that is valid and enforceable and which achieves, to the extent
possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at
clientservices@theluckychild.com.
TheLuckyChild.com provides the content and services available on the Site to you subject to the following
terms and conditions ("Terms and Conditions"). By accessing or using the Site, you are hereby
acknowledging that you have read, understand and agree without limitation or qualification, to be bound
by these Terms and Conditions, which include our Privacy Policy. These Terms and Conditions were last
updated on 08/01/2006.
1. Privacy Policy
Please review our Privacy Policy below, which also governs your visit to the Site, so that
you may understand our privacy policy practices.
When you provide us with information through TheLuckyChild.com, we value and have the
utmost respect for your privacy. It is important for you to understand what information we
collect about you during your visit and what we do with that information. Your visit to the Site is
subject to this Privacy Policy as well as our Terms and Conditions. Please note that this Privacy
Policy governs only the information provided to TheLuckyChild.com and communications from
TheLuckyChild.com. It does not govern any other information or communications that may
refer to or reference TheLuckyChild.com, (e.g., communications from news agencies, retailers,
catalogs or brick and mortar stores). This Privacy Policy was last updated 08/01/06.
A. Collection of Personally Identifiable Information by TheLuckyChild.com
We do not collect personally identifiable information about you, except when you provide
it to us. For example: If you decide to complete a user registration form or on-line survey,
you may be asked to provide certain information or your contact information (name,
e-mail address, mailing address, telephone number, your child's birthdate for the purpose
of sending personalized birthday greetings, etc.), age group, gender, product likes/dislikes,
and what products you use from TheLuckyChild.com. If you decide to place an order, we
need to know your delivery and billing address, credit card number and expiration date.
If you would prefer us not to collect any personally identifiable information about you, then
please do not provide us with any such information. When you submit your personally
identifiable information on the Site, you are thereby giving your consent to the collection
and disclosure of your personally identifiable information as set forth in this Privacy Policy.
B. Use of Personally Identifiable Information by TheLuckyChild.com
a. Opt-In Communications
If you opt-in during the Site registration process or at other times when you submit
personally identifiable information, the information you provide may be used by
TheLuckyChild.com to create and deliver to you our newsletters, product updates,
sales, or other communications containing product information or promotions. If
you prefer not to receive such Opt-In Communications, please do not opt-in to
receive these communications. If you do opt-in and later decide that you would no
longer like to receive these communications, you may opt-out (see Opt-Out Section
below).
b. Other Communications
If you have elected to provide us with your contact information (e.g. by registering
at the Site, e-mailing our contact e-mail addresses or placing an order, we may
provide you with service-related announcements concerning you or contact you
regarding your customer service requests or specifications you have made on a
particular order. For example, all registered users will receive an e-mail welcoming
them to TheLuckyChild.com and to confirm their registration. You may also receive
communications from TheLuckyChild.com if there is a question regarding an item
requiring personalization. These types of communications are necessary for us to
serve you, answer any questions or concerns you may have, and basically provide
you with the highest level of customer service that TheLuckyChild.com can offer its
clients.
C. No Disclosure of Personally Identifiable Information for Third Party Marketing Without
Your Prior Consent
It is the strict policy of TheLuckyChild.com to never provide your personally identifiable
information to third parties for their use in marketing their products or services to you.
However, if TheLuckyChild.com deems that such an offer or offers will benefit our clients,
such personally identifiable information will not be provided without your prior consent.
D. Disclosure of Personally Identifiable Information
a. Fraud Protection, Fraud Prevention and Compliance With Law
We may disclose any information, including personally identifiable information, we
deem necessary, in our sole discretion, to comply with any applicable law, legal
process, regulation or governmental request. We may also choose to exchange
information, including personally identifiable information, with other companies and
organizations for the purpose of fraud protection, fraud prevention and risk factor
reduction.
b. Service Providers
We may retain other companies and individuals, at our sole discretion, to perform
functions consistent with our Privacy Policy on our Site. Examples may include, but
not be limited to, hiring customer support specialists, webhosting companies, data
analysis firms, e-mail service providers and fulfillment companies (e.g. companies
who ship product orders or coordinate mailings). Such third parties may be
provided with personally identifiable information needed to perform their said
functions, but may not use this information for any other purpose or gain.
c. Special Events
If you elect to participate in any promotions, sweepstakes, surveys, questionnaires
or other events during your visits to our Site, the rules or terms and conditions for
those events may indicate that your personally identifiable information will be
shared with third parties. By choosing to participate and submitting your personally
identifiable information with respect to such events, you consent to disclosure of
your personally identifiable information to such third parties.
d. Business Transfers/Sale
As we continue to develop and grow our business, we may choose to sell certain of
our assets. In such transactions, user information, including personally identifiable
information, generally is one of such transferred business assets, and by submitting
your personal information on the Site you agree that your data may be transferred
to such parties in these circumstances.
E. Cookies and IP Addresses
We may place a "cookie" on your computer's hard drive so we can recognize you as a
return user. A cookie is a piece of data that enables us to track and target your product
preferences. The cookie will be on your computer's hard drive until you remove it. We
may also use temporary or "session" cookies to help you. These cookies will expire when
you place an order. You can have your browser notify you of, or automatically reject the
cookies. If you reject our cookies, you may still use our Site, but you may be limited in the
use of some of the areas on the Site. Some of our business partners may also use cookies
on the Site. However, we have no access to, or control over these cookies and do not
accept any responsibility or indemnity for such use. In addition, we may use IP addresses
to analyze trend data, administer the Site, track traffic patterns, and gather demographic
information for aggregate use, as well as in combination with your personally identifiable
information for credit fraud protection, fraud prevention and risk factor reduction.
F. Pixel Tags and Tracking Technology
When you visit this Site or view one of our e-mails, we may use pixel tags (also called
"clear" gifs) and/or tracking technology to note some of the pages you visit on our Site in
order to personalize your shopping experience. We may also use pixel tags to determine
what types of e-mail your browser supports. We may use the information collected
through pixel tags, tracking links and similar technology in combination with your
personally identifiable information.
G. Use of Aggregate Information
We may use the information you provide in aggregate (non-personally identifiable) form
for internal business use, such as generating statistics and developing marketing plans.
We may collect, store or accumulate certain non-personally identifiable information
concerning your use of the Site, such as information regarding which of our products are
most popular. We may share or transfer non-personally identifiable information with or
to our affiliates, licensees, stores and partners.
H. Children Under 13 Years of Age
We take special steps to safeguard the privacy of children. If you are under 13 years of
age, you may browse the Site. However, you may not provide personal information to us.
For example, you cannot register or make a purchase. The Site is not designed for
children and we do not knowingly collect personally identifiable information from any
child under the age of 13 without parental consent (e.g. a parent or legal guardian is the
only person allowed to provide us with birth dates for the purpose of personalized e-mail
birthday greetings for children).
I. Links
The Site may contain links to or from other websites. Please be aware that we are not
responsible for the privacy practices of other websites. This Privacy Policy applies only to
the information we collect on the Site. We encourage you to read the privacy policies of
other websites you link to from the Site or otherwise visit.
J. Security
We implement various security measures in accordance with industry standards in order
to protect the security of your personally identifiable information both online and offline.
If you have any questions about security at the Site, please e-mail us.
K. Notification of Changes
We may revise this Privacy Policy from time to time. If we decide to change our Privacy
Policy, we will post the updated policy here. As we may make changes at any time without
notifying you, we suggest that you periodically view our Privacy Policy. Please note that
our rights to use your personally identifiable information will be based on the latest
version of the Privacy Policy in effect at the time the information is used, not necessarily
at the time it is collected.
L. Updating Your Information
You have the ability to change and/or correct the personally identifiable information you
provide us by e-mailing us at clientservices@theluckychild.com.
M. Opt-Out
You may opt-out of receiving future Opt-In Communications from theluckychild.com when
you contact us at clientservices@theluckychild.com.
N. Comments/Feedback
We have taken great measures to ensure that your visit to the Site is a great experience
and that your privacy is constantly guarded and respected. If you have any questions,
comments, concerns or feedback about the Privacy Policy at theluckychild.com, please
feel free to contact us by e-mail at clientservices@theluckychild.com.
2. Purchase-Related Policies
The products and services available on the Site, and any samples thereof we may provide you,
are for personal use only. You may not sell or resell any of the products or services, or
samples thereof; you purchase or otherwise procure from us. We reserve the right, with or
without notice, to cancel or reduce the quantity of any orders that we believe at our sole
discretion, may result in the violation of our Terms and Conditions.
3. Accuracy of Information
We make every attempt to be as accurate as possible when describing our products on the
Site. However, to the extent permitted by applicable law, we do not warrant that the product
descriptions, colors or other content available on the Site to be accurate, complete, reliable,
current or error-free.
Additionally, information provided on this site is for recreational and informational purposes
only. Even if the information published here is meant to be accurate, it is not intended to
substitute professional medical advice with respect to bath and body products on the Site.
Please contact your physician or local medical facility for information specific to your
individual needs.
TheLuckyChild.com or any contributors do not take responsibility for any consequences relating
directly or indirectly to information, recommendations, treatment, procedure, action or
application of medicine by any person using the present site with respect to bath & body
products or any other product offered herein.
The information contained here is offered without any warranty and it is not liable for its
accuracy, mistakes or damage caused by the user's reliance on information obtained on this
Site
4. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons,
images, photographs, audio clips, data compilations and software, and the compilation thereof
(collectively known herein as the "Content") is the property of TheLuckyChild.com, The Lucky
Child, our affiliates, partner and/or licensors, and is protected by United States and
international copyright laws.
The trademarks, logos and service marks displayed on the Site (collectively known herein as
the "Trademarks") are the registered and unregistered marks of TheLuckyChild.com, The Lucky
Child, our affiliates, partners and/or licensors, in the United States and other countries and are
protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section 5 below, or as required under applicable
law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced,
duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part,
for any purpose without our prior written consent.
5. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use
of the Site. This license does not include the right to: (i) frame or utilize framing techniques
to enclose the Site or any portion thereof; (ii) modify or download the Site or the Contents
(except caching or as necessary to view the Site); (iii) make any use of the Site or the Contents
other than personal use; (iv) create any derivative work based upon either the Site, the
Contents or the Trademarks; (v) collect account information for the benefit of yourself or
another party; (vi) use any meta tags or any other "hidden text" utilizing our name (The Lucky
Child, TheLuckyChild.com) or the Trademarks or to otherwise use the Trademarks in any way;
or (vii) use software robots, spiders, crawlers or similar data gathering and extraction tools, or
take any other action that may impose unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the
welcome page of the Site for personal, non-commercial use only. A website that links to the Site
(i) may link to, but not replicate, our Content (therefore our Site as well); (ii) may not imply that
we are endorsing such website or its services, content or products; (iii) may not misrepresent
its relationship with us, whether implied to stated; (iv) may not contain content that could be
construed or deemed as distasteful, obscene, offensive or controversial, and may only contain
content that is lawful and appropriate for all ages; (v) may not portray us or our products or
services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or
associate us (the Site, the Contents or the Trademarks) with undesirable products, services or
opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other
than the home page. We may, in our sole discretion, request that you remove any link to the
Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site is strictly prohibited and terminates the limited
licenses set forth in this Section 5 without prejudice to any other remedy provided by
applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the
special warnings or instructions for access or use posted on the Site. You shall act always in
accordance with the law, custom and in good faith. You may not make and change or alteration
to the Site or any Content or services that may appear on the Site and may not impair in any
way the integrity or operation of the Site. Without limiting the generality of any other provision
of these Terms and Conditions, if you default negligently or willfully in any of the obligations
set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for
all the losses and damages that this may cause to The Lucky Child, TheLuckyChild.com, our
affiliates, partners or licensors.
7. Your Account
You may choose to register at our Site. If you do, you will have an e-mail address/username
and password for your account. You are solely responsible for maintaining the confidentiality
of your account, username and password and for restricting access to your computer. You
agree to accept responsibility for all activities that occur under your account, username and/or
password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you
violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in the
best interests of The Lucky Child and/or TheLuckyChild.com to do so.
8. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to
or from the Site. Links appearing on the Site are for convenience only and not an endorsement
by us, our affiliates or our partners of the referenced content, product, service or supplier.
Your linking to or from any off-website pages or other websites is strictly at your own risk. We
are in no way responsible for examining or evaluating, and we do not warrant the offerings of,
off-website pages or any other websites linked to or from the Site, nor do we assume any
responsibility or liability for the actions, content, products or services of such off-website pages
websites, including, but without limitation to, their privacy policies and terms and conditions.
You should carefully review the terms and conditions and privacy policies of all off-website
pages and other websites that you visit.
9. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with
regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or
other information you provide us (collectively herein known as "Submissions") will be treated
as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy by
transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free,
perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, sell, assign, translate, create, create derivative works from, distribute and
display any Submission in any form, media, technology, whether now known or hereafter
developed, alone or as part of other works. You also acknowledge that your Submission may
not be returned and we may use your Submission, and any ideas, concepts or know-how
contained therein, for any purpose, including, but without limitation to, developing,
manufacturing, distributing and/or marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the
rights to your Submission. You further represent and warrant that such Submission does not
constitute or contain software viruses, commercial solicitation, mass mailings, chain letters, or
any form of "spam" or "spam-related" material. You may not use false identification such as
false e-mail address, impersonate any person or entity (either deceased or living), or
otherwise misrepresent yourself or mislead us as to the origin of any Submission. You agree
to indemnify us from claims arising from or in connection with any claims to any rights
regarding any Submission.
10. Representations and Warranties: Limitation of Liability
THE SITE IS PRESENTED "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, IN CONNECTION WITH
THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL
NOT BE RESPONSIBLE FOR OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE),
UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR
DAMAGES OF ANY KIND INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE
OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR
MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE,
INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY
INACCURACIES OR OMISSIONS IN CONTENT; (g) ACTS OF GOD; OR (h) EVENTS BEYOND
OUR REASONABLE CONTROL.
FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY INDIRECT, SPECIAL, DIRECT, SPECIFIC, NON-SPECIFIC,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF
ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).
11. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs,
including reasonable or unreasonable attorneys' fees, resulting from any third party claim,
action or demand resulting from your use of the Site. You also agree to indemnify us for any
loss, damages or costs, including reasonable and unreasonable attorneys' fees, resulting
from your use of software robots, spiders, crawlers, or similar data gathering and extraction
tools, or any other action you take that imposes an unreasonable burden or load on our
infrastructure.
12. Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions
contemplated by these Terms and Conditions shall be governed by the laws of the State of
Ohio, as if the Terms and Conditions were a contract wholly entered into and wholly performed
within the State of Ohio. Any dispute relating in any way to your visit to the Site shall be
submitted in confidential arbitration in Ohio, except that, to the extent you have in any manner
violated and/or threatened to violate our intellectual property rights or the intellectual
property rights of our affiliates, partners or licensors, we may seek injunctive or other
appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such
court. Arbitration under this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class action
arbitration proceedings or otherwise.
13. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy
Policy, constitute the complete and exclusive agreement between us concerning your use of
the Site, and supersede and govern all prior proposals, agreements or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time
by posting the changes on the Site. Any changes are effective immediately upon posting to
the Site. Your continued use of the Site constitutes your agreement to all such terms and
conditions. We may, with or without prior notice, terminate any of the rights granted by these
Terms and Conditions. You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Site.
Nothing contained within these Terms and Conditions shall be construed as creating an agency,
partnership or other form of joint enterprise between us. Our failure to require your
performance of any provision hereof shall not affect our full right to require such performance
at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held
to be a waiver of the provision itself. In the event that any provision of these Terms and
Conditions shall be unenforceable or invalid under any applicable law or be so held by any
applicable arbitration award or court decision, such unenforceability or invalidity shall not
render these Terms and Conditions unenforceable or invalid as a whole. We will amend or
replace such provision with one that is valid and enforceable and which achieves, to the extent
possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at
clientservices@theluckychild.com.
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