Last updated: May, 2014
Your use of the Site constitutes your agreement to follow and be bound by these Terms. We reserve the right to update or modify this Agreement at any time without prior notice. Your continued use of the site will signify your acceptance of any adjustment to these terms. For this reason, we encourage you to review the Agreement whenever you use this Site. If you do not agree to these terms, please do not use the Site.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, software, code, illustrations, designs, icons, photographs, graphics, video clips and other materials and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Wisdom and Innocence, Inc.The Wisdom and Innocence and/or third-party licensors retain all proprietary rights to the Contents, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how).
You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site without written consent from Wisdom and Innocence, Inc. Requests for permission for uses not authorized by these terms may be emailed to: firstname.lastname@example.org .
You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of the Web Site. You may not use any metatags or any other similar hidden text utilizing the Wisdom and Innocence’s name or trademarks, without the prior written permission of the Wisdom and Innocence.
If you violate any of the terms of this Section, your permission to use the Materials and the Web Site automatically terminates.
Linking to the Web Site
We invite you to provide a link on your website to the Wisdom and Innocence Web Site subject to the following requirements:
- You may not frame or alter the appearance or visual presentation of the Web Site.
- You may not state or imply that we endorse, sponsor or otherwise approve your site or any other Site, unless agreed to in writing by the Wisdom and Innocence. Links to the Web Site may not be used in a way that implies or suggests that we approve or endorse you, your web site or your goods and services, unless it is true and accurate and the Wisdom and Innocence agrees to such statements in advance in writing.
- Links may be text-based using the words: “Wisdom and Innocence” or “www.wisdomandinnocence.com” (“Licensed Marks”), subject to the terms and conditions contained herein.
- You may only link to the home page of the Web Site, unless you receive written permission from Wisdom and Innocence. Requests for permission to link to other parts of the Web Site may be emailed to email@example.com .
- You may not use the Licensed Marks on any site that disparages Wisdom and Innocence, competes with Wisdom and Innocence, or presents false information about Wisdom and Innocence.
- You may not use the Licensed Marks as a predominant feature of your site. At a minimum, this means that the Licensed Marks: (i) must appear smaller than your web site title and any of your marks or logos; (ii) may not be displayed more prominently than other marks or logos on a web page; and (iii) should not appear at the top of a web page, but rather at the bottom, along the sides or in some location less prominent than the top.
- You may not use the Licensed Marks in any manner that would adversely affect the name, reputation or goodwill of Wisdom and Innocence, or use the Licensed Marks on any site that contains any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable.
- You may not use the Licensed Marks on any site that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone, or that violates or encourages or assists another to violate any law or regulation
- We have no responsibility or liability for any content appearing on your web site. You agree to defend, indemnify and hold harmless the Wisdom and Innocence and its affiliates and their officers, directors, employees, volunteers, contractors, and agents from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your web site. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation as we may request.
- By linking, you acknowledge and agree that, other than as specifically set forth in these Terms, all rights to the Licensed Marks and other Wisdom and Innocence marks and logos belong to the Wisdom and Innocence. In addition, you acknowledge the validity of Wisdom and Innocence’s ownership of the Licensed Marks and other Wisdom and Innocence marks and logos and will not contest such ownership or the validity of any registrations of Wisdom and Innocence relating to the Licensed Marks or any other Wisdom and Innocence marks and logos. You agree that your use of the Licensed Marks shall inure to the benefit of Wisdom and Innocence. If you happen to obtain any rights or goodwill in the Licensed Marks, you agree that all such rights and goodwill will automatically vest in Wisdom and Innocence and you will take all actions necessary to affect such vesting.
- You are prohibited from using Wisdom and Innocence’s Licensed Marks in a manner that is likely to cause confusion with, dilute or damage the reputation or image of Wisdom and Innocence.
- We reserve the right at any time and in our sole discretion to require that you remove all links or any particular link to the Web Site from your web site.
Subject to these Terms and your compliance with the above requirements, Wisdom and Innocence agrees to grant you a limited, non-exclusive, non-transferable, royalty-free, terminable license to use the Licensed Marks solely for the purpose of establishing a link that is permitted herein. Except for the limited license to use the Licensed Marks set forth in this Section, you may not use any of Wisdom and Innocence’s trademarks or service marks or logos for any other reason or purpose without the express written permission of Wisdom and Innocence. Wisdom and Innocence may, at any time, in its discretion and without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the Web Site. Upon our request, you agree to immediately remove all links to the Web Site and to cease using the Licensed Marks. Without limiting the foregoing, if you violate any part of this Section, your license to use the Licensed Marks and your right to link to any pages on the Web Site automatically terminates. Thereafter, any future links to the Web Site will require the express written permission of Wisdom and Innocence.
While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and we expect users of our Site to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Site infringes your copyright or trademark, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Please send such notice to the following Designated Agent.
|Service Provider:||Wisdom and Innocence, Inc.|
|Alternate Names:||Wisdom & Innocence, wisdomandinnocence.com|
|Address:||P.O. Box 14, Wasco, IL 60183|
|Designated Agent:||Scott S. Fintzen|
|Address of Agent:||30 North LaSalle, Suite 3010
Chicago, Illinois 60602
|Telephone No.:||(312) 346-7855|
|Facsimile No.:||(312) 346-8317|
This notice should include:
- Physical or electronic signature.
- A statement, under penalty of perjury, that complainant is authorized to act on behalf of the copyright owner
- Identification of the copyrighted work believed to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material believed to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which Wisdom and Innocenc can contact complainant (including name, postal address, telephone number and, if available, e-mail address).
- A statement that complainant has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Wisdom and Innocence, Inc., whether online, by email, by postal mail, or otherwise (“Comments”) shall be and remain Wisdom and Innocence, Inc. property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Wisdom and Innocence, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Wisdom and Innocence, Inc. shall not be limited in any way in its use, commercial or otherwise, of any Comments. Wisdom and Innocence, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Wisdom and Innocence, Inc. has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Wisdom and Innocence, Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Wisdom and Innocence, Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Occasionally customers are interested in submitting ideas and suggestions for products and services to be used at this Site, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our Site and products; however, please note that any such ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.
Moments & Memories and Craft & Activity Submissions
Be sure to review our Release and License Agreementto understand the terms and conditions governing the submission of pictures, stories, crafts, activities and other content (other than Comments) by you to Wisdom and Innocence. The Release and License Agreement is hereby incorporated by this reference into these Terms.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Site Links to a Third Party Site
The Site may contain links to other Web sites that are not under the control of Wisdom and Innocence, Inc. Links are provided solely for the convenience and information of the Site’s users. We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material, nor do we make any representations or warranties about the content or accuracy of materials on such third-party web sites or the practices of such third-party web sites. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Wisdom and Innocence, Inc. will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
THE CONTENT OF THE WEBSITE IS FOR GENERAL INFOMRATION ONLY AND DOES NOT CONSITUTE ANY FORM OF ADVICE OR RECOMMENDATION UPON WHICH A SPECIFIC DECISION SHOULD BE MADE. WISDOM AND INNOCENCE HAS TAKEN STEPS TO ENSURE THAT MATERIALS CONTAINED ON ITS WEBSITE ARE CURRENT AND ACCURATE, BUT TO THE FULLEST EXTENT PERMITTED BY LAW WISDOM AND INNOCENCE HEREBY EXCLUDES ANY WARRANTY, WHETHER EXPRESSED OR IMPLIED, BY STATUTE AT COMMON LAW OR OTHERWISE, RELATING TO THE WEBSITSE AND THE MATERIAL CONTAINED ON THE WEBSITE. IN PARTICULAR (BUT WITHOUT LIMITATION OF THE ABOVE), WISDOM AND INNOCENCE GIVES NO WARRENTIES AS TO THE QUALITY, ACCRUACY, TIMELINESS, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, CRAFTS & ACTIVITIES AND GIFT PRODUCTS, OR OF THE MATERIAL CONTAINED IN IT, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Claims of Copyright and Trademark Infringement
If you believe that your work or trademark has been copied in a way that constitutes copyright or trademark infringement, please contact the Designated Agent listed in our Copyright Policy above.
The owner of the Website is based in the state of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL WISDOM AND INNOCENCE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB SITE. THIS IS A COMPREHENSIVE RELEASE OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, CONTRACTUAL, OR DAMAGES OR LOSSES OF ANY OTHER KIND OR TYPE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF WISDOM AND INNOCENCE OR ANY ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Defense, Indemnification and Hold Harmless
YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WISDOM AND INNOCENCE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS AND OTHER REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES, DAMAGES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS INCURRED IN DEFENDING SUCH CLAIMS DIRECTLY OR INDIRECTLY RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB SITE..
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Wisdom and Innocence, Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Wisdom and Innocence, Inc. at: Wisdom and Innocence, Inc., Attn. Dispute Resolution, PO Box 14, Wasco, IL 60183 or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Wisdom and Innocence agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law and Forum
These Terms were entered into in the State of Illinois. These Terms shall be governed by and construed in accordance with the substantive laws of the State of Illinois, excluding its choice of law rules. Any claim or dispute related to, connected with or arising out of your use of the Web Site shall reside in the courts of the State of Illinois and in particular in either the Kane County Circuit Court or the United States District Court for Northern Illinois.
We may terminate these Terms or your access to the Web Site, or any information provided directly or indirectly through the Web Site including, but not limited to, information provided by email, at any time, without notice in our sole and absolute discretion. Wisdom and Innocence may in its sole discretion and at any time discontinue providing the Web Site, or any part thereof, or any information provided by email with or without notice. You agree that any termination of your access to the Web Site or any information provided by email under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Wisdom and Innocence may immediately delete your personally-identifiable information and all related information and files. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
How to Contact Us
If you have any questions about these Terms, or your dealings with the Web Site, you can contact Wisdom and Innocence by accessing the Contact Us section of the Web Site, sending an email to firstname.lastname@example.org, or mailing us at Wisdom and Innocence, Inc., PO Box 14, Wasco, IL 60183