Terms & Privacy
The Atarah Atkinson website is solely operated by Atarah Atkinson and/or its subsidiaries and affiliates. The use of this website ("Site") and/or its mobile applications indicates your unconditional acceptance of these terms and conditions ("Terms and Conditions"). The terms “we,” “us” and “our” refer to Atarah Atkinson. We reserve the right, in our sole discretion, to update or revise these Terms and Conditions at any time without written notice. Your continued use of the site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. The Terms and Conditions govern the use of the Site as well as the purchase of any products or services available through the Site.
LICENSE AND ACCESS
We grant you a limited, revocable license to access and make personal use of the Site. Any use of the Site or its content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Moreover, you are not permitted to facilitate in any of the following:
Reproduce, duplicate, copy, sell or otherwise exploit the Site or any image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright or other content ("Site Content") for any purpose, except as expressly provided; Use a robot, spider or data mining or extraction tool or any other process to monitor, extract or copy Site Content; use any meta tags, search terms, key terms, or the like that contain the Site's name or trademarks used on the Site; engage in any activity that interferes with the Site or another user’s information or use of the Site; modify, create derivative works from, reverse engineer, decompile or disassemble any content or technology used to provide the Site and the products and services offered on the Site; or assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.
Any content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of us and are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you.
By using the Site you confirm that you are eighteen (18) years of age or older.
ADDITIONAL PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products as they would in appear in person. We cannot guarantee that your computer monitor's display of any color will be accurate and are hence forth not held liable for any dissatisfaction based off of color accuracy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING & ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing. You have the right to opt out of email communications by either unsubscribing or emailing us directly your request to be removed.
We may obtain personal information about you from various sources, be it through this Site, or when you call or email us, or communicate with us through social media. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties. The types of personal information we obtain may include your contact information (such as name, postal code, email address, or phone number); payment details (including payment card number, security code, expiration date, cardholder name and billing address); shipping information (including the shipping address and phone number); demographic information (such as age, date of birth and gender); information you provide by interacting with us through social media, including, but limited to photographs; location information, such as the real-time geographic location of the device on which you install our mobile applications; shopping behavior and preferences, and a record of the purchases you make on our websites; other details that you may submit to us or that may be included in the information provided to us by third parties.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools or services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
The Site may contain links to other websites or resources that are operated by third parties we are not affiliated with. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and policies may apply to your use of any linked sites or resources. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You agree to indemnify, defend and hold harmless Atarah Atkinson and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Atarah Atkinson and such parties, and shall defend Atarah Atkinson and such parties against any and all claims arising out of (1) your breach of these Terms and Conditions; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable U.S. or foreign law or the rights of a third party. Atarah Atkinson will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Atarah Atkinson.
DISCLAIMER OF WARRANTIES
Except as otherwise expressly provided in these terms and conditions, or required by applicable law, Atarah Atkinson makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Atarah Atkinson, any content on the sites, or any products or services purchased through Atarah Atkinson sites, as well as warranties implied from a course of performance or course of dealing. In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. Atarah Atkinson disclaims any warranties that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the site shall create any warranty of any kind.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
LIMITATION OF LIABILITY
Some of the products and services available on this site are provided by independent contractors and not agents or employees of Atarah Atkinson. Atarah Atkinson is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You acknowledge and agree that you assume full responsibility for your use of the site, communications with third parties, and purchase and use of the products and services available through this site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither Atarah Atkinson nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) this site, or any other site or resource you access through a link from this site; (2) any action we take or fail to take as a result of communications you send to us; (3) any termination or cancellation of your right to access or use this site; (4) any products or services made available or purchased through this site, including any damages or injury arising from any use of such products or services; (5) any delay or inability to use the site or any information, products or services advertised in or obtained through the site; (6) the modification, removal or deletion of any content submitted or posted on the site; or (7) any use of the site, whether based on contract, tort, strict liability or otherwise, even if Atarah Atkinson has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Atarah Atkinson nor its licensors, suppliers or third party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your remedy for any of the above claims or any dispute with Atarah Atkinson is to discontinue your use of the site.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
OUR POLICY ON PRIVACY
Atarah Atkinson is committed to keeping your personal and confidential information personal and confidential. Your personal information is only requested when you place an order or if you sign up for our newsletter. We use any information that you provide to process and ship orders, and to contact you if necessary. We do not sell your personal information to any third parties.
We have taken every precaution to ensure that online shopping with us is as secure as possible. We use Shopify’s security encryption technology that ensures safe internet transmission of your personal information. When you purchase items through our site, your connection to our server is secure.
PERSONAL INFORMATION COLLECTED
Whenever you shop with us, we obtain from you only the information we need to complete your transaction. This may include your name, address, telephone number, email address, and credit card number. We do keep records of your specific product purchases and transactions, we use this information to process your purchase transactions, to send you marketing and promotional materials by email, and to help us improve our online product assortments and services. You always have the option to opt out of mailings, and we never share or sell any of our customers' information.
We will send promotional emails to you only if you have asked to receive them. Each time you receive an email from us, you will be given the opportunity to "opt-out," or stop receiving them. Simply follow the unsubscribe link at the bottom of the email or contact us directly to remove your name from our mailing list.
CHILDREN UNDER 18
We do not sell products for purchase by children; however, many of our photographs and products may be attractive to children, and any photographs or products that are described as such or are meant for purchase by adults. If you are under 18, you may use this website only with the involvement of a parent or guardian.
We make no representation that photographs or other materials on this site are appropriate or available for use, purchase, or shipment to all locations outside the United States. If you are visiting this website from outside the United States you acknowledge that you are doing so of your own initiative and that you agree to comply with any local laws that apply to you. If you purchase a photograph or other product from this website and we are prohibited by U.S. law from sending it to the foreign address you designate, we will notify you and will either not process your order or will promptly refund any sums you have already paid to us.
For any problems with our website, or to share any thoughts, comments or suggestions please email firstname.lastname@example.org