We think this policy stuff is a bit boring, too, but we had to write it like this to avoid any confusion. So, truck on through - we know you'll make it to the end!
This website, located at www.thecremeshop.com or any of our affiliated sites including mobile and/or Internet applications or "apps" (collectively, the "Site"), is provided by The Crème Shop (The Crème Shop, "we," "our," or "us") to the person accessing this Site ("you," "your").
- You Agree to These Terms by Using This Site
- Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing The Crème Shop or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.
Termination of your The Crème Shop membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in The Crème Shop's sole discretion and that The Crème Shop shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.
You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: support@The Crème Shop.com
- User-Submitted Content
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. The Crème Shop does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, The Crème Shop is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize The Crème Shop to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, The Crème Shop reserves the right to block or remove communications or materials that it determines to be unacceptable to The Crème Shop in its sole discretion.
By submitting any user-generated content, you hereby grant The Crème Shop (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents' permission to make such grants. All content that you submit may be used at The Crème Shop's sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Crème Shop employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
- Interaction with other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release The Crème Shop (and The Crème Shop's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- Notice; Electronic Communications
When you visit this Site, send emails to The Crème Shop, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with The Crème Shop.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your The Crème Shop account page and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
- Practices; Typographical Errors; Colors
You acknowledge that The Crème Shop may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on The Crème Shop's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that The Crème Shop has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that The Crème Shop reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that The Crème Shop reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, The Crème Shop reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, The Crème Shop shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall The Crème Shop be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, The Crème Shop makes no guarantees that any actual colors of products or features will be true or accurate.
- Disclaimer - Warranty
THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CRÈME SHOP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Crème Shop does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. The Crème Shop does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
- Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE CRÈME SHOP, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
- Third-Party Links
In an attempt to provide increased value to our visitors, The Crème Shop may link to sites operated by third parties. However, even if the third party is affiliated with The Crème Shop, The Crème Shop has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of The Crème Shop. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, The Crème Shop specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
The Crème Shop does not endorse the content, or any products or services available, on such sites. Nonetheless, The Crème Shop seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non confidential and non proprietary.
- Intellectual Property
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by The Crème Shop or its affiliates. The Contents, including its trademarks such as THE CRÈME SHOP and THE CRÈME SHOP and design, BE THE BUYER, BE THE DESIGNER, and the WINSTON Logo, may not be used by you for any commercial purpose without The Crème Shop's written consent.
Copyright 2002-17, The Crème Shop ALL RIGHTS RESERVED.
All software used on this Site is the property of The Crème Shop or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
- Copyright Complaints
If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at support@The Crème Shop.com
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
(ii) a description of the copyrighted work or other work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the The Crème Shop's website;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
The Crème Shop does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
- Law and Jurisdiction
- Referral Program
The Crème Shop may offer you the opportunity to earn referral credits or other benefits by referring friends to join. Those credits and/or benefits may be awarded to the referrer for qualified referrals that result in new The Crème Shop members who make at least one qualified purchase. Referrals of existing The Crème Shop members or anyone who previously had a The Crème Shop account will not count towards your eligibility to earn referral credits. Members are eligible to receive referral credits for a qualified referral only if the referred customer participates using the unique referral link embedded in the referral email. Referral credits are not property, have no cash value, and can only be used in connection with making a purchase on the Site. Referral credits are not transferable, assignable, or sellable, are not gift certificates, and cannot be used to purchase gift certificates. Referral credits expire 24 months after they are granted.
Referral credits are granted at The Crème Shop's sole discretion. We reserve the right to amend these guidelines and the methods through which referral credits or other benefits are earned at any time without notice to you.
Rewards, referral credits, and other forms of virtual currency provided to you by The Crème Shop or its partners for use on The Crème Shop.com (collectively Rewards) are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell, or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. Rewards will expire 24 months after the date of issuance, unless otherwise stated by The Crème Shop. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards.
- Information We Collect & How We Use It
The Crème Shop.com requests and collects personal information from our customers at various site locations and instances, including, but not limited to, when you create a The Crème Shop.com membership, make a purchase, communicate with us via social media, write a product review, create a wishlist, participate in events, contests, or promotions, contact our customer care team, or post other customer-generated content to this Site. These are currently the primary ways in which we gather information, however, we may also collect data through other channels in the future.
The types of personal information we may collect from you can vary according to the method through which it was attained. It may include, but is not limited to, the following:
- Information You Provide to Us
We receive and store any information you knowingly provide to us, such as:
- Full name
- Email address
- Phone number
- Shipping address
- Billing information and payment details (such as billing address, credit card details, and other sensitive financial information, specifically for the purpose of completing your transaction)
- Username and password for your The Crème Shop.com membership
- A record of your The Crème Shop.com orders, purchase history, and shopping behavior and preferences
- Information provided by you through your interactions with us in social media
- Location and geographic information that could be collected if you use our mobile site or app.
- Other details that you may submit to us or that may be included in the information provided to us by third parties.
- You may also provide personal information about other people, such as their name and email address. When you select to email a friend your wishlist, tell a friend about The Crème Shop.com, or purchase a Gift Certificate for a friend, we will use their name and email address to send them a one-time email. This information is only used for the sole purpose of completing your request. We do not share your friend's email information for any other purposes unless that friend creates a membership to The Crème Shop.com. The Crème Shop.com stores this information for the sole purpose of sending this one-time email and tracking the success these programs. Your friend may contact us at support@The Crème Shop.comto request that we remove this information from our database.
- Information Collected Automatically
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We may combine this automatically collected log information with other information we collect about you. We do this to improve to improve marketing, analytics, and site functionality.
The Crème Shop does not currently actively respond to "Do Not Track" browser signals or mechanisms, but we're always open to hearing from customers for whom this issue is really important.
- Tracking Technologies
Technologies such as: cookies, beacons, tags and scripts are used by The Crème Shop.com and our marketing partners, affiliates, A/B testing, and analytics systems. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
- Local Storage Objects (HTML5)
We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 to collect and store information.
Various browsers may offer their own management tools for removing HTML5 LSOs.
- Behavioral Targeting / Re-Targeting
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
- Email & Other Communications
We may contact you via email to send you necessary order-related messages, such as order confirmation and shipment confirmation notices.
We may also send you newsletters and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these and other promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your The Crème Shop account page and adjusting your settings accordingly.
How We Use Your Information
- All of the personal information we collect from our customers is for the purpose of the reasoning described above (see sections b & c), as well as:
- processing, verifying, validating, and completing your transaction
- creating, managing, and maintaining your membership to this Site
- providing requested live customer support and services
- record keeping of your purchase history
- enabling communication via our Site, blog, and social networks
- managing your participation in contests and promotions
- sending email as appropriate (See Section c: Email ∓ Other Communications)
- Under 13?
The Crème Shop.com is not intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to The Crème Shop.com. We will promptly delete any personal information from a person under the age of 13 should we discover that we have collected such information from a person under the age of 13 without verification of parental consent. If you believe we may have collected information from a person under the age of 13, please promptly contact support@The Crème Shop.com so we can correct.
- Information Sharing
- Payment, Shipping, Referral, & Other Programs
We use a third party payment processor and a third party shipping agent to ensure the payment and delivery of your purchased products. We also use a third party to administer our referral program. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes.
- Legal Disclosure
We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, as The Crème Shop.com, in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of The Crème Shop.com's assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.
- Links to Third Party Websites
This Site contains links to other websites. The Crème Shop.com takes no responsibility for the privacy practices or the content of these other websites. We encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.
- User-Generated Content & Information Disclosure
Any personal information or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: product reviews, Be the Buyer comments, on social media pages, in connection with contests and promotions, and on the The Crème Shop blog) becomes publicly available, and can be read, collected, and used by other members of this forum to send you unsolicited messages. Your membership name, email, or other information may also be displayed when you post comments or upload images throughout the Site. The Crème Shop.com is not responsible for the personal information users select to disclose in these forums. To request removal of your personal information from our blog or community forum, contact us at support@The Crème Shop.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
- Social Media Features and Widgets
- Single Sign-On
You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
- How We Protect Your Information
The Crème Shop.com utilizes some of the most advanced technology available today for Internet security purposes. When you access our checkout and enter sensitive information (such as credit card number) on our order forms, we encrypt the transmission of that information using industry standard Secure Socket Layer (SSL) technology, your information is protected with both server authentication and data encryption, ensuring that your data is safe, secure, and available only to The Crème Shop.
Our site is verified by Fastly and uses Braintree for all of our secure credit card transactions. We are a BBB accredited business.
In addition, The Crème Shop.com is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or outside access to keep us all safe!
No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at support@The Crème Shop.com.
- Accessing Your Personal Information & Preferences
You can access, update, or change your personal information and communication preferences by signing into your The Crème Shop membership page and modifying your preferences at your discretion. If you wish to cancel your account, or request that we no longer use your information to provide services to you, contact us at support@The Crème Shop.com.
You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to create a membership with us or to take advantage of some or all of our features.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@The Crème Shop.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to create a membership with us or to take advantage of some or all of our features.
- Your California Privacy Rights
Under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2012 will receive information regarding 2011 sharing activities).
To obtain this information from The Crème Shop please send an email message to support@The Crème Shop.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Not all information sharing is covered by the "Shine the Light" requirements, and only information on covered sharing will be included in our response.
Last updated January 18, 2014
- Questions and feedback
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to support@The Crème Shop.com.