TERMS OF USE (updated June 19, 2011)
Welcome to the Yellow Leaf Hammocks (“Yellow Leaf,” “YLH,” “we,” “our” or “us”) website, yellowleafhammocks.com (the “Site”). By using this Site, you are agreeing to the following terms and conditions (collectively, the “Terms of Use”). If you do not agree with these Terms of Use, please do not use this site. Your use of the Site constitutes your unconditional agreement to be bound by these terms. We reserve the right to change, modify, add, or remove portions of these items at any time, so please check back occasionally for changes. Your continued use of this Site after changes to these terms (including the Privacy Policy) will constitute your acceptance of such changes.
Please also visit our Privacy Policy section for information explaining the information we collect and how we use it.
USE OF MATERIALS; RESTRICTIONS
The Site entirely is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Yellow Leaf. Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video, and written and other materials that appear as part of the Site (collectively, the “Property”) are trade dress, trademarks, copyrights, and/or other intellectual properties owned, controlled or licensed by Yellow Leaf, as well as the software and source code used in the design and development of the Site. All rights are reserved, worldwide. The Property, and the Site, are intended solely for personal, non-commercial use by the users of the Site. You may not copy, download, modify, distribute or incorporate into any other work all, or any part, of the material available on this website in any form except for the sole purpose of using this Site or placing an order with Yellow Leaf. Should you wish to use materials or information from the Site, you must obtain Yellow Leaf’s prior written consent.
CONFORMITY OF PRODUCTS
Yellow Leaf tries to ensure that descriptions, specifications, drawings and pictures of its products on this Site are as accurate as possible. However we do not accept responsibility for color variation caused by the technical limitations of this website or the technology used to access it. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be exact.
Yellow Leaf strives to continually develop and improve its products. While we strive to keep this site up to date, not all Yellow Leaf products may be available or shown on the site. The products available and those shown are subject to change without notice.
REGISTRATION
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The Site’s practices governing your personal information are disclosed in our Privacy Policy. The decision to provide this information is voluntary and optional; however, if you choose not to provide such information, you may not be able to access certain content or participate in certain features of the Site. By providing information to the Site, you agree to provide only accurate, current and true information.
By registering with the Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for keeping the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site. Yellow Leaf may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
USER GENERATED CONTENT
By sending, distributing, displaying, referring or posting any message, comment email, data, information, text, graphics, sound, music, or other content (the “User Generated Content”) to the Site and/or to Yellow Leaf via third party applications, you (a) grant, and represent and warrant that you have the right to grant, to Yellow Leaf a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content as Yellow Leaf chooses; (b) grant Yellow Leaf and its affiliates the right to use the information that you submit in connection with such User Generated Content; and (c) represent and warrant that you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Terms of Use and will not violate any rights of, or cause injury to, any person or entity. You further grant Yellow Leaf the right to pursue legally any person or entity that violates your or Yellow Leaf’s rights in the User Generated Content by a breach of these Terms of Use.
COMMUNITY AREAS
Forums, bulletin boards, blogs or other interactive areas (the “Community Areas”) in which you or third parties may post content, messages, materials or other items on the Site are provided to give users a forum to express their opinions and share their ideas and information. It is your sole responsibility for the use of such Community Areas and to use them at your own risk.
As a provider of the Community Areas, Yellow Leaf is not liable for any statements, representations or User Generated Content provided by users on the Site. Yellow Leaf has no control over whether posted material within the Community Area is of a nature that site visitors will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material. Although Yellow Leaf is not obligated to screen, edit or monitor any of the User Generated Content posted to or distributed through any of the Community Areas, Yellow Leaf does reserves the right, and has sole discretion, to remove without notice any User Generated Content posted on the Site.
Anything that you submit or post to the Site and/or provide Yellow Leaf, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as non-confidential and non-proprietary. Yellow Leaf is and shall be under no obligation to pay any compensation for any Comments and to respond to any Comments. Yellow Leaf shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments.
PRIVACY POLICY (updated June 19, 2011)
OUR COMMITMENT TO PRIVACY
Your privacy is very important to us. This statement is one way of sustaining your trust in Yellow Leaf and our products. Our privacy statement describes how we collect, protect and use information about you during your visit on our Site.
Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use this website or any information displayed
LIMITATION OF LIABILITY
Yellow Leaf will not be liable or responsible for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Site. Nor shall Yellow Leaf be liable or responsible for any loss or damage that results from this websites interruption or unavailability at any time. Yellow Leaf will not be liable to you for any loss or damage including but not limited to economic loss, administrative/overhead costs, loss of profit (whether direct or indirect), business, contracts, revenues, goodwill, production and anticipated savings of any kind, save for death or personal injury that results directly from our negligence. Our liability to you in any other instance shall not exceed the value of the products ordered by you from us.
NO WARRANTIES
This site and its contents are provided “as is”. We make no representations or warranties of any kind including, but not limited to, warranties of title or freedom from viruses or any other malicious programs or any implied warranties including, but not limited to, of merchantability or fitness for a particular purpose. We do not warrant that this site is free of defects or that any defects will be corrected. By using this site you agree that you do so at your sole risk. You assume full responsibility for all loss of use, loss of data and/or costs associated with the repair or replacement of any equipment and/or software that you use in connection with this site. Yellow Leaf is not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site.
What Personal Information Does Yellow Leaf Collect Online?
This notice applies to all information collected or submitted on the Site. On some pages, you can order products, make requests and register to receive other materials. The types of personal information collected at these pages are:
• Name
• Address
• Email address
• Telephone number
• Credit/Debit Card Information
We may collect personal information about you from the information you provide to us when you complete an order. We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent that it may be necessary to complete that order.
In return for making a purchase or registering at our Site, we offer to keep you informed of new and ongoing benefits, exclusive sales and promotions and other customer-only benefits. We appreciate any additional, optional information you are willing to share with us. This optional information helps us tailor your experience at our Site, showing you content that we think might be interesting to you. Depending on the information you give us, we will also provide you with relevant information, gift ideas, and other special offers.
If you make a purchase at yellowleafhammocks.com, we include you in our list to receive email updates about special offers, new products and services, and relevant information. We may also share information gathered from the purchases you make or your use of our Site with companies with whom we have marketing or other business relationships. If for any reason you do not wish to receive this information or do not wish for us to provide information as described in this Privacy Policy, please reply to any of our emails and type “unsubscribe” in the subject line or send an e-mail to our customer service email to opt out. You may opt out of receiving future mailings at any time.
Does Yellow Leaf Use Cookies or Other Online Technologies to Collect Information About Me?
Some of our web sites may make use of “cookie” technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a web site can send to your browser, which may then store the cookie on your hard drive. So, when you come back to visit us again, we can tailor information to suit your individual preferences. The goal is to save you time and provide you with a more meaningful visit.
When you visit our Site, we may collect and store information about your visit on an anonymous, aggregate basis. We use this information to measure Site activity and to develop ideas for improving our Site. This information may include: time and length of your visit; web pages you look at on our Site; the website you visited just before coming to ours, and the name of your Internet service provider.
From time to time this Site may also include links to other websites. These links are provided for your convenience to provide further information. Our including such links does not signify that we endorse those websites. We have no responsibility for the content of any linked website(s).
Will Yellow Leaf Make Changes To This Privacy Policy?
This statement is effective June 19, 2011 and remains in effect until amended. Yellow Leaf has the right to amend this Privacy Statement or alter its privacy principles at its sole discretion without notice to you. Any alterations to this Privacy Statement or our privacy principles will be posted on our Site in a timely manner.
If you have further questions about Yellow Leaf’s privacy policy or have other comments on how we can improve the Yellow Leaf shopping experience, email us. We always enjoy hearing from you and appreciate your feedback!
Happy Hammocking,
Your friends at Yellow Leaf