PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY.
The www.everytinything.com Web site (the "Web Site" or "everytinything.com") is provided by EveryTinyThing, LLC and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions"), and the rules that may be published from time to time by EveryTinyThing, LLC.
By using this site, you are deemed to have agreed to these terms and conditions of use. EveryTinyThing, LLC may change the Terms and Conditions at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on www.EveryTinyThing.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, DO NOT USE THIS SITE.
This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the "Services") are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, EveryTinyThing, LLC reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, libelous, abusive, harassing, defamatory, vulgar, obscene, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another individual's privacy, or hateful; "stalk" another; upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; harm minors in any way; impersonate any person or entity, including, but not limited to, a EveryTinyThing official, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site; upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," or any other form of solicitation; upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information; act in a manner that negatively affects other users' ability to engage in the Web Site or Services; engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that EveryTinyThing, LLC is not responsible for material submitted to EveryTinyThing, LLC or posted to the Web Site by users. EveryTinyThing, LLC and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in EveryTinyThing, LLC's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. EveryTinyThing, LLC is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to EveryTinyThing, LLC. You agree to immediately notify EveryTinyThing, LLC of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that EveryTinyThing, LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EveryTinyThing, LLC, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. EveryTinyThing, LLC assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to www.EveryTinyThing.com.
Any or all Content on the Web Site may be purged periodically in EveryTinyThing, LLC's database at it is its sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by EveryTinyThing, LLC or submitted to EveryTinyThing, LLC, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of EveryTinyThing, LLC, and EveryTinyThing, LLC does not support or endorse Content (including any Contribution, whether or not edited by EveryTinyThing, LLC or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
RESTRICTIONS ON USE OF MATERIAL
The content on this Web Site is intended for educational purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
In operating this site, EveryTinyThing, LLC does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or EveryTinyThing, LLC mail and e-mail addresses, or in any other way. Any information or material submitted or sent to EveryTinyThing, LLC, will be deemed not to be confidential or secret. By submitting or sending information or other material to EveryTinyThing, LLC you represent and warrant that the information is original to you and that no other party has any rights to the material.
USER'S GRANT OF LIMITED LICENSE
By communicating with EveryTinyThing, LLC including submitting or sending Content, a Contribution or other information or material, you grant EveryTinyThing, LLC the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a EveryTinyThing feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to EveryTinyThing, LLC.
You also warrant that any "moral rights" in posted materials have been waived.
You may be able to link to third parties' Web Sites ("Linked Sites") from the EveryTinyThing Web Site. Linked Sites are not, however, reviewed, controlled, or examined by EveryTinyThing, LLC in any way and EveryTinyThing, LLC is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply EveryTinyThing, LLC endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall EveryTinyThing, LLC be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. EveryTinyThing, LLC reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to www.EveryTinyThing.com. To seek our permission, you may write to EveryTinyThing, LLC. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
PROMOTIONS, CONTESTS, OR GAMES
From time to time, EveryTinyThing, LLC may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, "Games"). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of EveryTinyThing, LLC. Registered users (each, a "Registered User") are permitted only one account, unless the description of the Game expressly invites a user to register multiple times. EveryTinyThing, LLC, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release EveryTinyThing, LLC and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Web Site. EveryTinyThing, LLC is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. EveryTinyThing, LLC is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
EveryTinyThing, LLC reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
INTELLECTUAL PROPERTY RIGHTS
All materials contained in this Web Site are the copyrighted property of EveryTinyThing, LLC and its affiliates or licensors. As between EveryTinyThing, LLC and you, EveryTinyThing, LLC is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
EveryTinyThing, LLC products displayed on the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases merchandise offered for sale on the Site may not be available in all stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States for purchases made through the Site.
No rights in the design of EveryTinyThing, LLC’s products, or designs incorporated in such products, shall pass to you except as an integral part of products purchased by you. You agree not to copy or reproduce, or cause to be copied or reproduced, either directly or indirectly, EveryTinyThing’s products, product designs, designs incorporated in such products, or product packaging. This Design Protection provision shall survive termination of this Agreement.
Some of the available information may concern certain topics that may not be appropriate for children. EveryTinyThing, LLC may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and EveryTinyThing, LLC may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
- What information is collected by EveryTinyThing, LLC
- How we may use and share information
- How we protect the information
- How you may contact EveryTinyThing, LLC
WHAT INFORMATION DO WE COLLECT?
We receive and may keep information voluntarily given to us when you decided to make a purchase from EveryTinyThing, LLC register on the EveryTinyThing.com website, sign up for our emails, or any other time you provide any information about yourself. We may also obtain publicly accessible customer demographics.
This information may include:
- Your name, address and phone number
- Date of birth
- Your credit card number
- Your e-mail address
- Name and ages of children
- Any other information you voluntarily provide
It might also include information you provide us about other people. For example, you may provide us with some of the same information as above (name and address) for a gift recipient. When you provide us with personal information about the intended recipient of a shipment, we use that information for the purposes of processing the shipment and, in some cases, to communicate with the recipient to provide information pertaining to the status of the shipment. It is your responsibility to obtain the recipient's consent to our use of their personal information for these limited purposes.
INFORMATION FROM OTHER SOURCES
We may receive information about you from other sources such as updated address information. This information may help us to improve our ability to serve your needs such as ensuring the accurate delivery of direct mail materials.
We want you to understand that certain online tools exist to help us serve and recognize you when you visit one of our websites. To help us personalize your experience or better serve your needs, and for your convenience, we may receive and store certain types of information when you visit our website, often via "cookies." These cookies may be placed on your computer when you visit our site. Cookies do not provide any personal information but they allow us to understand how users navigate to and around our website, view product pages, access content and make purchases.
ONCE INFORMATION IS RECEIVED, HOW IS IT USED AND/OR SHARED?
Information we collect from you may be shared between all parties within EveryTinyThing, LLC. We use this information to provide emails relevant to you and to deliver your orders.
In addition, we may use such information to:
- Provide you with timely and reliable fulfillment of requests
- Do all things necessary to administer those services
- Deliver merchandise and services that you purchase online
- Facilitate payment for your purchases
- Confirm your orders and delivery information
- Respond to your customer service inquiries or requests
- Communicate offers, benefits and featured items to you
- Administer giveaways, contests, birthday programs and similar promotions
- Find and stock the products you want
- Register you on EveryTinyThing.com
- Customize your shopping experience
RETENTION OF PERSONAL INFORMATION
EveryTinyThing, LLC retains your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Your consent to such purposes(s) remains valid after any termination of our relationship with you.
RIGHT TO TRANSFER
EveryTinyThing, LLC also reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale (including, but not limited to, liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of EveryTinyThing, LLC or of any of the business assets or a division thereof. EveryTinyThing, LLC may decide to retain a copy of the information after the sale or transfer for any use.
HOW TO REMOVE YOUR NAME FROM OUR EMAILING LIST
When you fill out one of our forms or other requests for information, you may choose to receive email that informs you about new merchandise in our stores or online, as well as special offers and promotions. In addition, we may send you emails to help us learn more about you and your preferences. If, after you have shared your email address with us, you decide that you do not want to receive e-mail from us, you have several options to let us know of your preferences:
You can stop future emails by clicking on the link shown in the footer of every EveryTinyThing email and unsubscribe from our list.
Call us at 805-Four3Four-7188 (8am-7pm PST) and ask to have your name removed from our emailing list.
224 Santa Lucia Drive
San Luis Obispo, CA 93405
You may also contact us in any one of the above ways to request access to or correction of or update of your personal information.
OUR POLICY ON GATHERING INFORMATION FROM & COMMUNICATING WITH CHILDREN ONLINE
We recognize the unique privacy concerns regarding children. Pursuant to COPPA guidelines, we do not knowingly collect personally identifiable information online from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information without their consent, please contact us at 805-Four3Four-7188 (8am-7pm PST), by e-mail at info@EveryTinyThing.com, or at the address listed above, and we will remove the information about the individual from our database.
REGARDING DATA SECURITY
EveryTinyThing, LLC makes commercially reasonable efforts to ensure that personal information collected from you is protected against loss and unauthorized access. This protection applies in relation to information stored in both electronic and hard copy form. EveryTinyThing, LLC uses industry standard security techniques on our websites to help protect against the loss, misuse or modification of information that you have provided. When you access your personal information or transmit personally identifiable data to us, that information is stored on servers that we have used commercially reasonable efforts to protect from unauthorized access or intrusion. While we implement the above security measures, you should be aware that 100% security is not possible.
LINKING TO ANOTHER SITE FROM EVERYTINYTHING.COM
DISCLAIMER OF WARRANTIES
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, EVERYTINYTHING, LLC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. EVERYTINYTHING, LLC DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
EVERYTINYTHING, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT EVERYTINYTHING, LLC OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL EVERYTINYTHING, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF EVERYTINYTHING, LLC OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EVERYTINYTHING, LLC's LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by EveryTinyThing, LLC, you agree to defend, indemnify and hold EveryTinyThing, LLC, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. EveryTinyThing, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EveryTinyThing, LLC in asserting any available defense.
We respect the intellectual property rights of others, and require that the people who use the www.EveryTinyThing.com Web Site do the same.
APPLICABLE LAWS / JURISDICTION
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with EveryTinyThing, LLC or relating in any way to your use of the Web Site resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving EveryTinyThing, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in San Luis Obispo, California. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Unless otherwise specified and except to the extent EveryTinyThing products are offered for sale in the United States through this Site, this Site and its Contents are displayed solely for the purpose of promoting EveryTinyThing’s products available in the United States and select foreign markets. This Site is controlled and operated by EveryTinyThing, LLC from its offices in San Luis Obispo, CA.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. EveryTinyThing, LLC may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us at:
Mailing Address: 224 Santa Lucia Drive, San Luis Obispo CA 93405