Welcome to www.StarkRavingCat.com, which is owned by Forkmedia LLC. This agreement is in effect as of April, 2014.
By visiting and accessing the information, resources, services, tools, and products on this site (hereafter referred to as “Resources”), you agree to accept and adhere to the following terms and conditions (hereafter referred to as “User Agreement”), and applicable laws, regulations, and generally accepted online practices and guidelines. We may change this User Agreement from time to time without notice. It is your responsibility to periodically review this User Agreement for modifications. Your use of this site after such modifications are made constitutes your agreement to the modified terms and conditions.
By using this website, you understand and agree to the following:
a. Our Property: Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. For further copyright and trademark rights, see the sections below.
b. Your Privacy: To access our Resources, register for an account, or purchase on our site, you may be required to provide information about yourself (such as identification, contact details, etc.). You agree that the information you provide is accurate and current. You are responsible for maintaining the confidentiality of your personal login information and activities associated with any account(s) you use to access our Resources. We respect your privacy: Your information is used solely within the company to fulfill your order. We ask for your email address and telephone number for shipping purposes and to contact you if there is a question about your order, or to improve our services to you.
c. Illegal Access: Accessing (or attempting to access) our Resources other than through the means we provide is prohibited. Any activity that disrupts or interferes with our Resources, servers and/or networks is prohibited. You agree not to access (or attempt to access) or interfere with our Resources through any unethical, illegal or unconventional means. You are responsible for any consequences, losses, or damages that we directly or indirectly incur due to unauthorized activities conducted by you, and may incur criminal or civil liability.
d. Open Communications: The website may include open communication features, such as public comments, blog posts, newsgroups, product ratings and reviews, and social media services. You agree to use these tools in a responsible and ethical manner, and that you will not upload, post, share, or otherwise distribute content that is illegal, threatening, defamatory, abusive, harassing, intimidating, fraudulent, deceptive, racist, or contains suggestive, inappropriate, or explicit language; supports animal abuse or causes harm (directly or indirectly, physical or psychological) to any animal in any way; infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; or contains unauthorized or unsolicited advertising.
e. Your Posted Open-Communications Content: We assume no liability for content posted by you or other third-party users. Content posted by you using open communication tools cannot violate third-party copyrights or trademarks, and becomes the property of this company, with perpetual, irrevocable, worldwide, royalty-free license to reproduce, modify, adapt, publish, display and/or distribute. This only applies to content posted via open-communication tools as described, and does not refer to information that is provided as part of the registration process, or that is necessary in order to use our Resources.
f. Content Removal: We have the right to remove content that violates this User Agreement, including content that in our judgment is offensive, objectionable, inaccurate, or violates third-party copyrights or trademarks. You consent to removal of such content, and waive any claim against us. We are not responsible for a delay or failure in removing user content.
g. Hold Harmless: You agree to indemnify and hold harmless Stark Raving Cat, Forkmedia LLC, our staff and affiliates from and against all losses, expenses, damages, costs, and reasonable attorneys’ attorneys’ fees, resulting from violation of this User Agreement or failure to fulfill any obligations relating to your account incurred by you or any person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide such cooperation as is reasonably requested.
h. Warrants: By using our website, you understand and agree that all Resources we provide are “as is” and “as available.” We do not represent or warrant that the use of our Resources will be uninterrupted, timely, secure, or free from errors. Any content downloaded or otherwise obtained through our Resources is done at your own discretion and risk; you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. No information or advice (implied, oral or written) obtained through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
i. Limitation of Liability: Any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. We will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages that may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that limitation of liability laws apply.
j. Copyrights and Trademarks: All content and materials available on www.StarkRavingCat.com, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Forkmedia LLC and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site without also clearly crediting Stark Raving Cat or Forkmedia LLC as the source is strictly prohibited, unless specifically authorized by Forkmedia LLC.
k. Termination of Use: We may, at our discretion, suspend or terminate your access to all or part of our website and Resources, with or without notice, for any reason, including without limitation breach of this User Agreement. Suspected illegal, fraudulent, or abusive activity may result in terminating your access and be referred to law-enforcement authorities. Upon suspension or termination, your right to use the Resources will cease, and we have the right to remove or delete your information on file with us, including account or login information.
l. Governing Law: This website is accessible worldwide and controlled from our offices in the state of Texas, USA. The statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to use of this website and the purchase of any products or services through this site. Any action to enforce this User Agreement shall be brought in federal or state courts in the United States, in Texas. You agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
m. Guarantee: UNLESS OTHERWISE NOTED, FORKMEDIA LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
n. Contact Information: If you have questions or comments about these Terms of Service contact us at: Forkmedia LLC, PO Box 2261, Wimberley, TX 78676, USA. Or at our Contact Page.
1. Information We Collect:
To fulfill your order, you must provide us with certain information, such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide us with additional personal information, if you contact us directly.
2. Why We Need Your Information and How We Use It:
We rely on a number of legal bases to collect, use, and share your information, including:
• As needed to provide our services, such as when we use your information to fulfill your order, to settle disputes, or to provide customer support;
• When you have provided your affirmative consent, which you may revoke at any time, such as by signing up for our mailing list;
• If necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
• As necessary for the purpose of our legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving our services. We use your information to provide the services you requested and in our legitimate interest to improve our services; and 2) We use your information as necessary to comply with our obligations required by credit card processors.
3. Information Sharing and Disclosure:
Information about our customers is important to our business. We share your personal information for very limited reasons and in limited circumstances, as follows:
• Service providers: We engage certain trusted third parties to perform functions and provide services to our shop, such as credit card procesors and delivery companies (USPS). We will share your personal information with these third parties, but only to the extent necessary to perform these services.
• Business transfers: If we sell or merge our business, We may disclose your information as part of that transaction, only to the extent permitted by law.
• Compliance with laws: We may collect, use, retain, and share your information if we have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce our agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our customers, or others.
4. Data Retention:
5. Your Rights:
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. We describe these rights below:
• Access: You may have the right to access and receive a copy of the personal information we hold about you by contacting us using the contact information below.
• Change, restrict, delete: You may also have rights to change, restrict our use of, or delete your personal information. Absent exceptional circumstances (like where we are required to store data for legal reasons) We will generally delete your personal information upon request.
• Object: You can object to (i) our processing of some of your information based on our legitimate interests and (ii) receiving marketing messages from us after providing your express consent to receive them. In such cases, we will delete your personal information unless we have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
• Complain: If you reside in the EU and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
How to Contact Us:
For purposes of EU data protection law, I, Katherine Heyhoe, am the data controller of your personal information. If you have any questions or concerns, you may contact us through the Etsy message system by clicking the contact button in our shop, or by sending an email to: privacy [!at] starkravingcat.com.