BadKitty Courture Policy
BadKitty Courture Policy
BadKitty Courture (“We” or “BadKitty Courture”) is the operator of the website located at www.badkittycouture.net (the “Website”). This Agreement governs your use of the Website and your purchase of any products from BadKitty Courture (the “Products”).
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to BadKitty Courturethrough the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. BadKitty Courture reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an order on the Website, you may be required to designate an email address and phone number, and there may be additional requirements as designated by BadKitty Courturefrom time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your order access. You shall immediately notify BadKitty Courture if you suspect or become aware of any loss, theft, or unauthorized purchases.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. BadKitty Courture expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. BadKitty Courturere serves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and BadKitty Courturere serves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
BadKitty Courture wants you to be satisfied with your purchases from this Website. If you wish to return a product, please contact us for shipping instructions. Upon returning the item, you will receive online store credit in the form of a Digital Gift Card to use in-store. Please keep in mind that store credits issued online and must be used on an online purchase and are not transferable to other customers.
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either BadKitty Courture, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by BadKitty Courture, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of BadKitty Courture, its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, BadKitty Courture grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that BadKitty Courture may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.
BadKitty Courture wants you to be satisfied with your purchases from this Website. If you wish to return a product after 60 days, please contact us for shipping instructions. Upon returning the item, you will receive online store credit in the form of a Digital Gift Card to use in-store. Please keep in mind that store credits issued online and must be used on an online purchase and are not transferable to other customers.
You understand, acknowledge, and agree that the operation of certain portions of this Website or the receipt of certain information, such as registering or creating an order on this Website, requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to the Website, you are providing BadKitty Courtureyour electronic signature expressly consenting to be contacted by telephone (including by automated dialing systems, prerecorded messages, SMS and MMS) at the number provided, even if the number you provide is on a corporate, state, or national Do Not Call list. You understand that your consent is not required to make a purchase. For a summary of BadKitty Courture’S information collection and which is incorporated herein by reference below.
The controller for the collection, processing and use of your personal data for www.BadKittyCourture.net ("website" or "our site") is:
BadKitty Courture & Shopify
Use by BadKitty Courture & Westside Community
As a visitor not registered on BadKitty Courture :
By visiting a website, the files are sent from your browser to the site to allow the transfer of information.
As a BadKitty Courture customer:
We protect direct access to your member order with a online checkout powered by Shopify can be accessed using SSL encryption. Your personal information will be collected on a secure server using a coding system called Secure Socket Layer (SSL). The collected data is kept safe and we will do our best to provide a high level of security. We handle your personal and order information carefully - and do not share it with anyone else. Remember to always disconnect completely when using public access computers. You are solely responsible for maintaining the confidentiality of your order.
The Collection, Processing, and use of Personal Data
Personal data is all information relating to an identified or identifiable natural person, such as name, date of birth, bank details. Generally, we collect information that may personally identify you when you voluntarily:
register an order on this Website,
place an order,
enter a contest or sweepstakes,
respond to a survey or communication such as e-mail, or
engage with another Website feature.
We collect, process and store your personal data as part of your BadKitty Courture membership.
You may choose to create a personal order on our Website, which may require that you disclose certain personally identifiable information for identification, including a unique email address and demographic information (including, for example, zip code, day and month of your birth and back details).
Billing and Credit Card Information
In addition, our services comprise, generally, fashion retail and wholesale services. In order to enable payment by you to fulfill your orders, we may collect name, address, telephone number, email address, credit card information, and other billing information. This information will only be shared with third parties who facilitate completion of the purchase transaction, such as by fulfilling orders and processing credit card payments.
We will not disclose your billing and/or credit card information with other third parties unless required by law or a court order, or unless disclosure is required to address an issue implicated by the financial transaction. For instance, if you claim that your billing and/or credit card information was used to make a purchase you did not authorize, details about the transaction may be disclosed to law enforcement and any party we deem necessary to address the matter.
Gift Recipient Information
We may also collect information about gift recipients, including name, delivery address, phone number, and other information, so that may be may be able to fulfill any purchases made on their behalf. We do not use the information we collect about gift recipients for marketing purposes.
Changes to Personally Identifiable Information
To change any personally identifiable information that you have shared with us, by emailing us at firstname.lastname@example.org.
How is My Information Used?
The information we collect is used for a variety of purposes, such as:
- to enable your use of our Services, such as enabling you to make purchases of clothing and accessories we have listed for sale by processing your transactions;
- to perform statistical, demographic and marketing analyses of users of our Services to improve our relationship with our customers by personalizing your site experience where possible, allowing us to deliver the type of content and product offerings in which you are most interested;
- to improve our service to you in responding to any of your customer service requests;
for product development purposes and to generally inform advertisers about the nature of our subscriber base to improve our relationship with our customers;
- to customize your experience by allowing advertising to be targeted to the users for whom such advertising is most pertinent; and
- to administer contests, promotions, surveys, and/or other site features.
Without your explicit permission, we only disclose your personal data to third parties in order to fulfill our contractual obligations (for example, the delivery of our products by the carrier and the logistics companies) and for ordering purposes (eg collection companies or banks). These service providers explicitly use your data only for the purpose of the contract.
We Accept credit cards directly with Shopify. Shopify POS, accept Visa, Mastercard, American Express, and Discover credit cards PayPal and Google Pay.
We may contact you via email, telephone, text, paper mail, or other delivery methods regarding the status and/or delivery of any products or services that you may have purchased through this Website.
Visitors to the Website who register an order or engage with other site features, such as marketing programs and “members only” content, will be given a choice whether they would like to be included on our email list and receive e-mail newsletters from us.
If you have opted-in to receive email newsletters from us, you may periodically receive communications including links to and information regarding sales, promotions, sweepstakes, and other information that we believe you may find interesting.
If you have not opted-in to receive email newsletters from us, you will not receive these e-mails.
How to Opt-Out of E-mail List
If you would no longer like to receive email newsletters from us, you can unsubscribe by selecting the unsubscribe link located at the bottom of any of our promotional emails.
How is My Information Stored?
We implement a variety of security measures in an effort to reasonably maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Shopify encrypted into our databases to be only accessed as stated above.
What are cookies?
Cookies and flash cookies ("cookies") are data that are used in communications networks to store certain information needed when browsing. "Visit Cookies" identify a visit and are deleted after closing the page and "Cookies Permanents" remain permanently in your browsing history on your data carrier.
You can delete the data from the browsing history or stop the of collected data.
You may choose to have your computer warn you each time a cookie is being sent, or you may even choose to turn off all cookies through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look to your browser Help menu to learn the correct way to modify your cookies. Do note, that if you turn cookies off, you may lose access to many features that make your experience on our website more efficient, and some of our services will not function properly. If you turn cookies off and are unable to place an order online through our website, you may still place orders over the telephone by contacting customer service.
We do not respond to browser-based "do not track" signals.
We may transmit non-personally identifiable website usage information to third parties in order to show you advertising for BadKitty Courture when you visit other sites.
What kind of cookies do we use?
BadKitty Courture uses visiting cookies and permanent cookies. Cookies are necessary for easy and convenient navigation on our website. Visit cookies help us to update your cart according to your wishes during your visit to our website. Persistent cookies help us to display products that you might prefer. The information provided is anonymous without any link to personal data.
How are cookies used by Third Parties?
We also use a third type of cookie on our website to improve our products and services. In particular, we use the following cookies:
We use DoubleClick DART (Dynamic Advertising Reporting and Targeting) - Google Inc. Cookies, 1600 Amphitheater Parkway, Mountain View, CA 94043, United States ("Google"), to process information about your visits to sites Internet (ours and others) for marketing purposes. Technology provides targeted advertising services over the Internet. You can block the use of DoubleClick cookies.
You can prevent the storage of cookies by making appropriate adjustments on your browser. This could, however, result in limiting certain functions of our website.
If you want to disable the processing of your data (including your IP address) generated by
Google's cookies, you can download and install the browser plugin: http://tools.google.com/dlpage/gaoptout?hl=en . You can also disable the use of DoubleClick
I give BadKitty Courture and its operating partners ("Third Party") permission to insert cookies. I can withdraw my consent by changing my browser settings to block cookies.
Analytics, Log Files and Reading History
We gather certain information automatically and store it in log files. This information may include IP addresses, browser type, operating system and other usage information about the use of our Services, including a history of the pages you view.
We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, including customized recommendations, advertising, to improve marketing, and to track access and use of our Services across the devices that you may use to access our Services.
We have hired third parties to provide us information, reports, and analysis about the usage, browsing patterns of our users. They may independently record the type of device and operating system you are using, general location information, as well as events that occur on our Website, such as how often you use our Website.
Which Third-party Persons/Entities is My Personally Identifiable Information Shared With?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include www.BadKitty Courture .net. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep your information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
We may also include links to third party websites on our Website in an attempt to provide you with increased value. These linked websites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including whether a specific link works).
Disclosure by Necessity
We may occasionally access, preserve, and/or disclose personal information as required by law, for example, to comply with a court order or subpoena or we have a good faith belief that such action is necessary to:
- comply with the law or with legal process;
- protect and defend our rights and property;
- protect against misuse or unauthorized use of our Services; or transfer
- protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
As we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be among the transferred assets.
Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our Website, your personal information may be transferred outside of your country of use and/or residence.
When your order becomes inactive, your information may remain in our computers, electronic databases, and archives, and may not be reasonably capable of expungement.
COPPA Compliance. We do not knowingly collect or store any personal information about children under the age of 13.
Using Social Plugins
Using Facebook Plugins
We use Social Plugins from the Facebook social network, provided by Facebook Inc., 1601 California Ave., Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked by the Facebook logo or with the addition of "social plug-in of Facebook" or "Facebook Social Plugin". You can preview Facebook Plugins here: http://developers.facebook.com/plugins .
When you open a BadKitty Courture page that includes one of these plugins, your browser establishes a direct connection to the Facebook server. The content of the plugin will be transferred directly to your browser and integrated into the site. Thanks to this integration, Facebook receives information about your visits to our website, even if you do not have a Facebook profile or are not connected to your profile. This information (including your IP address) will be transferred directly to the Facebook server in the United States where it is also registered. If you are connected to Facebook, Facebook can immediately follow your visit to BadKitty Courture with your Facebook profile.
If you interact with the plugins, for example by clicking on the "like" button or comments on something, this information will also be transferred and saved on the Facebook server. The information can also be published on your Facebook profile.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by BadKitty Courture to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY BADKITTY COUTURE. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.
BadKitty Courture honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
California Proposition 65
We make this warning as a result of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires us to inform citizens in California about exposures to certain chemicals. WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.
This Agreement constitutes the entire agreement between you and BadKitty Courture any prior version of this Agreement and BadKitty Courture. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.