Revision date: 2023-03-31
By using the App and the Services, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are 18 years of age or older; and (c) accept this Agreement and agree that you are legally bound by its terms. If you do not agree to these terms, are not at least 18 years of age or of legal age to form a binding contract, or are prohibited from accessing or using the App or any of its contents, goods or services by applicable law, you may not register to use the Services or access or use the App.
2. User Name/Password Protection. You also will be required to choose a username and password for your account. You agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access the App. You authorize Shop the Blok to assume that any person using the App with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of your account.
3. Your Responsibilities.
(a) You have and will retain sole control of all access to and use of the App by any individual using your App logon credentials, including any: (i) information, instructions, or materials posted by or provided by any individual within the App; (ii) results obtained from any use of the App; and (iii) conclusions, decisions, or actions based on such use.
(b) You have and will retain sole responsibility for: (a) all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly from you, or from any individual using the App under your logon credentials, by or through the App or that incorporates or is derived from the storage, compilation or management of such information, data, or content by or through the App; (b) all information, instructions, and materials provided by or on behalf of you or by any individual using the App under your logon credentials; (c) your information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by you or through the use of third-party services; (d) the security and use of your App access credentials; and (e) all access to and use of the Services and the App directly or indirectly by you or any individual using the App under your logon credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.
4. Terms of Sale.
The following terms apply to your purchase of the products offered through the App ("Products"):
(a) Purchasing Products. The App invites you to make an offer to buy the Products shown within the App. Your order is an offer to buy some of those Products, which the Retailer accepts only by fulfilling the order and providing the Products at the Retailer’s store location. The Retailer will provide to Shop the Blok an order acceptance confirmation number based upon the Retailer’s reasonable belief that the ordered Product(s) will be available for pick-up. Shop the Blok will send an email to you with the confirmation number and with an estimated time when your order is expected to be ready to be picked up at the Retailer’s store. That email and that confirmation number does not constitute an acceptance of your offer, and is subject to correction before or at the time of pick-up in the event of inaccuracies, errors, Product unavailability, or for any other reason.
(b) Product Descriptions. We attempt to describe Products, including their colors, as accurately as possible; however, the appearance of Products may vary as a result of the quality of your device and for other reasons. We also make no guarantees with respect to the accuracy, completeness, reliability, or currency of our Product descriptions.
(c) No Commercial Use. Products are sold for the personal and household use of our customers. You agree that you shall not use the App to purchase Products for resale. Accordingly, and without limiting any other provision of these Terms and Conditions, Shop the Blok will not be liable in connection with any such use. We also reserve the right to prohibit sale of Products to users who we believe have use the App or are using the App to resell Products.
(d) Availability and Pricing. Quantities of some Products may be limited and stock cannot always be guaranteed. When a Product is out of stock and the given Retailer cannot replenish the stock, we will attempt to remove the Product from the App in a timely manner.
(e) Products offered for sale via this App are for sale only in the United States, and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on the App. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
(f) Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Product is unavailable or not available at the estimated pick-up time that we communicated.
(g) Returns and Exchanges. If you wish to return or exchange a Product (whether Products are damaged, incomplete, or otherwise), you may do so only in accordance with our Return Policy.
(h) Payment. During the Product purchase process, you shall be directed to the website of a third-party payment processing agent for purposed of entering purchase payment information. The confirmation email explains that an authorization is placed on your card until you pick up the merchandise. If you pick up your order before 3 days have passed, your card is charged right away.
(i) Pick-Up. To confirm your identity as purchaser you must bring with you to the store a valid government-issued ID, such as a driver's license or passport and either a copy of the confirmation email or your order number. The Products you ordered will remain available for a maximum of five (5) calendar days from the time you receive the confirmation email. The confirmation email will state that an authorization has been placed on your payment card until the items are picked up. If you do not pick up your items within five (5) calendar days from receipt of the confirmation email, your order will be canceled and a refund issued using your method of payment.
(j) Taxes. Stated prices do not include any applicable taxes or surcharges. Your order confirmation will contain an estimate of taxes due on your transaction. The final calculation will be made upon pick-up. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
5. User Content.
(a) The App and the Services allow you to submit, upload, publish or otherwise make available to Shop the Blok through the Services text authored by you or others and data arranged and compiled by you or others (“User Content”). Any User Content provided by you remains your property, or the property of others where applicable. However, by posting User Content within the App and submitting the User Content to Shop the Blok, you grant Shop the Blok a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to use, edit, copy and distribute (solely at Your direction) such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Shop the Blok’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
(b) You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Shop the Blok the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Shop the Blok’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(c) The Services and the App are intended to manage and organize the User Content and enable the efficient distribution and use of the User Content that you submit. Shop the Blok will exert commercially reasonable efforts to carry out the Services in an error-free manner. You understand that Shop the Blok does not warrant accuracy or a lack of data processing errors. Furthermore, you agree to engage in validation review of the User Content as it appears in the App to independently ensure the integrity and usability of the User Content, and to inform Shop the Blok of any errors, inconsistencies or issues that should be addressed.
6. Mobile Terms of Service.
(a) The Shop the Blok mobile message service (the "Service") is operated by Shop the Blok (“Shop the Blok”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
(b) By consenting to Shop the Blok’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Shop the Blok through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service- related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
(c) You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Shop the Blok. Your participation in this program is completely voluntary.
(d) We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
(e) You may opt-out of the Service at any time. Text the single keyword command STOP to the phone number or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Shop the Blok mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms For Service support or assistance, text HELP to the phone number or email firstname.lastname@example.org.
(f) We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
7. Prohibited Uses of App.
(a) You agree not to access (or attempt to access) the App by any means other than through mobile app software and interface or any associated website platform provided by Shop the Blok. You agree that you will not copy or scrape, through manual or automated means, any data from the App apart from your use of the data needed by or useful to you for your individual use consistent with the intended use of the App. You agree that you will not engage in any activity that interferes with or disrupts the App (or the servers and networks which are connected to the App). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the App for any purpose. You agree that you are solely responsible for (and that Shop the Blok has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Shop the Blok may suffer) of any such breach.
(b) You agree that you shall not transmit to Shop the Blok or upload to or through the App (whether as User Content or otherwise) any Harmful Code or use or misappropriate the App for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
(c) Without limiting the foregoing and by way of example only, users may not:
7. License Grant. Subject to the terms of this Agreement, Shop the Blok grants to you a limited, non-exclusive, non-sublicensable and nontransferable license to download, install, and use the App for the Term strictly in accordance with the App’s documentation and solely for use of the Services. For the avoidance of doubt, this license does not entitle you to distribute or re-sell the App or any data accessed through the App.
8. License Restrictions. You shall not:
(a) copy the App, except as expressly permitted by this Agreement;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, the data accessed through the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
9. Reservation of Rights. The App and its entire contents (other than materials you submit), features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Shop the Blok, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App or the data accessible through the App under this Agreement, nor do you acquire any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and in accordance with the App’s documentation. Shop the Blok reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You or a third party own all content that you or any individual using the App under your logon credentials submit to the App, and Shop the Blok disclaims ownership of or responsibility for such content. You hereby irrevocably grant all rights and permissions in or relating to such content as is necessary or useful to Shop the Blok to enforce this Agreement and exercise Shop the Blok’s rights and perform Shop the Blok’s obligations hereunder.
10. Updates. Shop the Blok may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Shop the Blok has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. If you access the Services via a mobile App, and depending upon your mobile device settings, when your mobile device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
11. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, Platforms, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Shop the Blok is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Shop the Blok does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
12. Representations and Warranties.
You represent and warrant that:
(a) you are in compliance with all laws applicable to your use of the App and Services;
(b) you own or otherwise have and will have the necessary rights and consents in and relating to all content that you or any individual using the App under your logon credentials submit to the App so that, as received by Shop the Blok and stored and shared within the App, such content does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, privacy right or other rights of any third party or violate any applicable law;
(c) you have the right and authority to enter into this Agreement; and
(d) your entering into this Agreement with Shop the Blok and your performance of your obligations under the Agreement do not and will not conflict with or result in any breach or default under any other agreement to which you are subject.
13. Term and Termination.
(a) The term of this Agreement commences on the Effective Date and will continue in effect until terminated by you as set forth below in Section 13(b) or by Shop the Blok as set forth below in Section 13(c).
(b) You may terminate this Agreement by ceasing to use the App and, if you have downloaded the App in mobile app form, deleting the App and any copies thereof from your mobile device.
(c) Shop the Blok may terminate this Agreement at any time without notice if it ceases to support the App, which Shop the Blok may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically, and Shop the Blok reserves the right to disable your or any individual’s access to the App, without any notice if you violate any of the terms and conditions of this Agreement. This Section 13(c) does not limit any of Shop the Blok’s other rights or remedies, whether at law, in equity, or under this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the App and, if applicable, delete all copies of the App from your mobile device and account.
(e) Termination will not limit any of Shop the Blok’s rights or remedies at law or in equity. Moreover, upon termination or expiration of this Agreement Sections [12, 13, 14, 15, 16, 18, 19, 20, 21 and 22] and any other provision of this Agreement that by its terms would be expected to survive termination or expiration of this Agreement will survive termination or expiration of this Agreement.
14. Disclaimer of Warranties. THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SHOP THE BLOK, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SHOP THE BLOK PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, PLATFORMS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO IT COULD BE THAT SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS DO NOT APPLY TO YOU.
15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLOK OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) IN THE CASE OF ENTERPRISE LICENSES, DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BLOK FOR USE OF THE APP OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO YOUR PROVIDING NOTICE OF A CLAIM (DEFINED IN SECTION 18 BELOW).
(c) IN THE CASE OF ONE-TIME USE LICENSES, DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO SHOP THE BLOK FOR USE OF THE PLATFORM DURING THE ONE (1) YEAR PERIOD PRIOR TO THE EVENT THAT GIVES RISE TO YOUR CLAIM OF LIABILITY ON BLOK’S PART.
SHOP THE BLOK IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE OF PERFORMANCE CAUSED IN WHOLE OR IN PART BY YOUR DELAY IN PERFORMING, OR FAILURE TO PERFORM, ANY OF YOUR OBLIGATIONS UNDER THIS AGREEMENT. THE APP AND SERVICES DO NOT REPLACE THE NEED FOR YOU TO MAINTAIN REGULAR DATA BACKUPS OR REDUNDANT DATA ARCHIVES. SHOP THE BLOK HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF YOUR DATA.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR SHOP THE BLOK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
16. Indemnification. You agree to indemnify, defend, and hold harmless Shop the Blok and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees (collectively “Claims”), arising from or relating to your use or misuse of the App or Services or your breach of this Agreement, including but not limited to the content you submit or make available through this App.
17. Geographic Restrictions. Shop the Blok makes no claims that the App, any of its content, or the Services are accessible or lawful outside of the United States. Access to the App and use of the Services might not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Furthermore, by agreeing to the terms of this Agreement you consent to the processing of your personal data in the United States.
18. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
19. Governing Law & Venue. This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively either in federal court in the United States District Court for Massachusetts in Boston or in the courts of the Commonwealth of Massachusetts in Suffolk County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
22. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Effective Date: September, 2022.
1. What Information Does the App Collect?
(a) Information You Provide to Us
Personal Information. We may ask you to provide us with, or you might submit via the App, personally identifiable information, which is information that identifies an individual personally, such as one’s first and last name, telephone number, street address, e-mail address and geolocation information (“Personal Information”). We may collect this Personal Information through various forms and in various places on or within the App, including account registration forms, “contact us forms”, or when you otherwise upload data to and interact with the App.
(b) Information Collected or Stored As You Access and Use the App
In addition to any Personal Information or other information that you choose to submit to us via the App, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the App (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our App. To the extent we associate Usage Information with Personal Information we collect directly from you via the App, we will treat it as Personal Information.
For example, you may opt-in to saving your name and email address in cookies. These are for your convenience so that you do not have to fill in your details again when you next use the App. If you have an account and you log in to use the website version of the App, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data. It expires after one day.
Usage Information may include:
Tracking Technologies. We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
Cookies. A cookie is a data file placed on a Device when it is used to visit the website version of the App. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in in the website version of the App and in messages generated by the App. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the App, to monitor how users navigate the App, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the website version of the App, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the App, and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).
Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including:
Targeting-Related. We may use Tracking Technologies to deliver content relevant to your interests through our App based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.
Tracking Technologies Choices and Consent.
We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed. Please note that to the extent that you disable or reject cookies your ability to make use of the App’s functionality might be limited or impaired.
Third Party Tracking and “Do Not Track.”
(c) Information Third Parties Provide About You
(d) Interactions with Third-Party Platforms
2. How Do We Use the Information Collected?
3. How and When Do We Share Information with Third Parties?
(a) Third Parties Providing Services on Our Behalf. We may use third-party vendors to perform certain services on behalf of us or the App, such as hosting the App, designing and/or operating the App’s features, tracking the App’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to Personal Information. We are not responsible for those third-party technologies or activities arising out of them, nor are we responsible for the effectiveness of or compliance with any third party’s opt-out options.
(c) Affiliates and Business Transfer. We may share Personal Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the App or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
4. What About Information I Disclose Publicly or to Others?
User-Generated Content and Public Information. The App also permits you to submit ideas, photographs, user profiles, writings, music, video, streamed and recorded audio content, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”), including as part of your profile. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you.
Others may have access to this User Content and may have the ability to share it with third parties. For example, if you upload images to the App, you should consider avoiding uploading images with embedded location data (EXIF GPS) included. Other users of the App can download and extract any location data from images posted on the App. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that Shop the Blok does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available via the App or what others do with information you share with them on the App. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the App.
Your User Content is posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
5. Does Third-Party Content or Links To Third-Party Platforms Appear on the App?
The App may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the App are served to you. In addition, when you are on the App you may be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you off the App onto a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you or others, including Personal Information, and may or may not have their own published privacy policies. We encourage you to note when you leave our App and to review the third-party privacy policies of all third-party websites and exercise caution in connection with them.
6. How Do I Change My Information and Communications Preferences?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The App may allow you to review, correct or update Personal Information you have provided through the App’s registration forms or otherwise, and you may provide registration updates and changes by contacting us. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the App, information that you remove may persist internally for Shop the Blok’s administrative purposes.
Text message (SMS) communication preferences. You can opt-out of receiving text messages (SMS) for promotions and order updates at any time by logging into your App account and changing your communication preferences or replying “STOP” to any message you receive from us. If you opt-out of promotional messages, we may still send you transactional messages related to your orders, such as shipping and delivery notifications.
7. What About Transfer of Information to the United States?
8. What Should Parents Know About Children?
Our App is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the App. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information through this App any of its features, register to use the App, make any purchases through the App, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email@example.com].
9. What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our App and provide us with your information at your own risk.
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