TERMS & CONDITIONS
Types of Information We Collect & Use
We collect the information you provide to us while using our Services when you register on our Sites or Apps, place an order, participate in any of our promotions, surveys or product review, sign up for any of our loyalty programs and when you contact us.
The information collected from you may include your name, age, mailing address, telephone/cellular phone numbers, e-mail addresses, account user name and passwords, as well as payment information. If you use a third party login to register or otherwise link to us, we may receive certain information about you from the third party (such as a social network) based on your registration and privacy settings on that third party service.
Please be aware that you are solely responsible for updating the personal information you provide to us. If you have registered with us (see Account Registration below) or participate in any of our other loyalty programs, you may update your personal information through your registered account or loyalty program account. If you elect to delete some or all of your personal information, please keep in mind that we may retain transactional data in accordance with various laws, regulations and our company’s retention policy.
We encourage you to register when shopping on our Sites or Apps or when using our Services; however account registration is not required. Our registration process may require users to provide contact information (such as name, age, mailing address, telephone/cell phone number, e-mail address and password). Registration helps us to provide an expedited checkout process, as well as provide a more tailored customer experience. The customer contact information you provide will be used to contact you concerning the status of an order, answer your questions and, unless you choose to opt-out, to send you communications about upcoming sales, contests, promotions, newsletters and product information. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password. You are responsible for all use of the Sites or Apps under your registered account. If you would like, you can also fill out a customer profile. While it is not required, information obtained from the customer profile questions helps us to learn more about our customers and is used to improve your shopping experience and to provide you with more relevant content and advertising.
We will never knowingly request or collect personal information from any person under 13 years of age without prior verifiable parental consent. If you are under 13 years old, please do not provide your information on our website or attempt to register on our Sites, Apps or Services.
Information We May Automatically Collect
California Privacy Rights
Pursuant to California law, residents of this state are entitled to ask us for a notice describing what categories of personal information we share with third parties or with corporate affiliates for their direct marketing purposes. We do not provide any personal information to third parties for their own direct marketing purposes. We however may share your personal information with affiliated third parties such as Brainstorm Creative Lab, LLC companies, some of which do not share the Brainstorm Creative Lab, LLC name, for their direct marketing purposes (see below Use of Information Disclosure section for more information about these companies). This category of affiliate is considered an unaffiliated party under California law and, if you are a California resident, you may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you want to request a notice or have any questions about our privacy practices or sharing of your personal information, please contact us at Info@chilltownlive.com.
Tracking Options and California Do Not Track
You may adjust your browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Services or take full advantage of our offerings. Even without a cookie, you can still take advantage of most of the features of our Sites or Apps, including making a purchase, but we will not be able to recognize you as a registered user unless you log in. Our system may not respond to Do Not Track requests or headers from some or all browsers.
We may also use certain service providers to provide our customers with a more relevant online advertising based on their activities on our Sites, Apps and/or third party sites. We may also use technologies, such as our own cookies, to provide you with online advertising tailored to your interests. For certain service providers, such as social media platforms, and on your mobile device, you can adjust your privacy and advertising settings to limit your tracking for advertising or control whether you receive more relevant advertising.
Information We Collect From Other Sources
We may obtain information about our customers from other sources, including social media networks that you use to connect with our Services. This information may include name, user name, demographic information, updated address or contact information, interests, and publicly-observed data, such as from social media and online activity. We may also compile the information we receive from and about you from multiple sources, including the information you provide to us on the Services, through our promotional or loyalty programs, customer surveys, contest entries/submissions, information we receive from third parties, information we automatically collect (as explained above in Information We May Automatically Collect section), and information provided by you when you shop in our stores.
How We May Use the Information Collected
The information we collect is used to improve the content of our Services, enhance the value of our products, expedite the shopping experience and communicate with affiliates and customers. This may also include to notify you about special events, product launches, applications for employment or career opportunities, contest entries, membership or loyalty programs you apply for, in responding to your comments, questions or complaints, and other information you have chosen to receive regarding our products.
Use of Information Disclosure
We use the information we collect from you for billing purposes and to fulfill your orders. We do not store your credit card information. If you have created a username and password to the site or if you have signed up to receive our email newsletter updates we may use your purchase history to personalize special offers and promotions for you. These offers and promotions will be delivered to you in the form of an email newsletter. We may also share the information we collect from you and about you withBrainstorm Creative Lab, LLC subsidiaries, as well as certain third-party partners. We also may use your personal information for our everyday business purposes such as service improvements, security, payment processing, analytics, operations, fraud detection and prevention, reporting, making back-ups and legal compliance.
Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. Opting out will not stop these types of communications.
Supplementation of Information
In order to process your credit card orders, we use Wix services/PayPal, a third party service, to validate and verify your account information. All billing and account info is transmitted via https which is a secure encrypted protocol system.
At all times, we reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website or company. You cannot opt out of disclosure of your personal information if required by lawful order.
The security of your personal information is important to us. We use reasonable technological and physical safeguards to protect personal information you provide to us from loss, misuse and unauthorized access, disclosure, alteration and destruction. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet is 100% secure, however, we make all reasonable efforts to use commercially acceptable means to protect your personal information. In the unlikely event of a data breach, you will be notified as soon as possible.
Right to Change Sites and Apps
We reserve the right to modify, suspend or discontinue the Services or any service, content, feature or product offered through the Services, with or without notice, at any time and in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any service, content, feature or product offered through the Services.
Restrictions on Use of Services Content
Unless otherwise noted, the Services, and all materials on the Sites or Apps, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials are owned, controlled, lawfully used, or licensed by Brainstorm Creative Lab, LLC, In addition, the trademarks for third party products available on the Sites or Apps are owned by third parties and lawfully used by Brainstorm Creative Lab on the Services.
The Services and the Content are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any downloading or copying from the Services. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Services. Absolutely no framing of the Sites or Apps is permitted without the prior written consent of Brainstorm Creative Lab, LLC. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.
Use of Widgets
Our widgets are tools that you may place on your website to permit your visitors to access our Sites or Apps (each, the "Widget"). Subject to your compliance with this Agreement, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Widget on your website solely for your own personal, non-commercial use. You may not use the Widget for any other purpose without our prior written consent, and nothing in this Agreement shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:
Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale.
Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website.
Place the Widget on any website that includes content that in any way disparages Shiekh or is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic or otherwise in appropriate, as determined by us in our sole discretion.
Use the Widget in any manner that prevents the end user of your website from linking directly to the applicable page of our Services.
We reserve the right to discontinue providing any Widget at any time. We further reserve the right to direct you to cease displaying or otherwise using any Widget, for any or no reason and without liability to you or any third party.
You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing info@Chilltownlive.com . Brainstorm Creative Lab, LLC shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless Brainstorm Creative Lab, LLC for losses incurred by Brainstorm Creative Lab, LLC or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
Specials, Promotions and Sweepstakes/Contests
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.
User Comments, Feedback, and Other Submissions
If you send certain specific submissions (for example contest entries) or you post comments, photographs, videos, audio, or other content or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Content"), you agree that Brainstorm Creative Lab, LLC may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Brainstorm Creative Lab, LLC in perpetuity. Brainstorm Creative Lab, LLC 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. Brainstorm Creative Lab, LLC 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 Sites. You are solely responsible for any Comments you make and their accuracy. Brainstorm Creative Lab, LLC takes no responsibility and assumes no liability for any Comments posted by your or any third party. You agree to indemnify for any third party claims against Brainstorm Creative Lab, LLC relating to or arising out of your Comments.
Unless otherwise specified on a particular Site or App, you may only post Content to the Services if you are a resident of the United States and are thirteen (13) years of age or older. If you are a minor, you must have permission from your parent or legal guardian before you post any Content to the Services. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Brainstorm Creative Lab, LLC. You may not post or distribute Content that is illegal or that violates this Agreement. By posting or distributing Content to the Services, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Services and (b) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.
You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services.
Personal Information Submitted Through the Sites
Content Posted by Third Parties
Brainstorm Creative Lab, LLC is not responsible for, and does not endorse, Content in any posting made by other users on the Services. Under no circumstances shall Brainstorm Creative Lab, LLC be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Services. If you become aware of misuse of the Services by any person, please contact Brainstorm Creative Lab, LLC by emailing firstname.lastname@example.org . If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Use of Services
Impersonation of others, including a Chilltownlive or Brainstorm Creative Lab, LLC employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.
You may not without the prior written permission of Brainstorm Creative Lab, LLC, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Sites or Apps, or accessed through this Site or App or any of the Services. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Brainstorm Creative Lab, LLC.
Brainstorm Creative Lab, LLC reserves the right, but is not obligated, to do any or all of the following:
Monitor, edit, or disclose any Content on the Services; and
In Brainstorm Creative Lab, LLC sole discretion and without cause, it may edit or delete any Content posted on the Services, regardless of whether such Content violates these standards or this Agreement.
If you believe any Content on the Services infringes on your copyright, you may request removal of such Content (or access thereto) from any of the Services by contacting Brainstorm Creative Lab, LLC as set forth below and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL or page within the App) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to:
Brainstorm Creative Lab, LLC
In an effort to protect the rights of copyright owners,Brainstorm Creative Lab, LLC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Brainstorm Creative Lab, LLC or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Services may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. ChilltownLive, Brainstorm Creative Lab, LLC are registered trademarks of Brainstorm Creative Lab, LLC. The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Brainstorm Creative Lab, LLC enforces its intellectual property rights to the fullest extent of the law.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Services that contain 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 Sites or Apps is inaccurate at any time without prior notice (including after you have submitted your order). We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
The Services and the materials, widgets and products on the Services are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Brainstorm Creative Lab, LLC disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Brainstorm Creative Lab, LLC does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Brainstorm Creative Lab, LLC does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Brainstorm Creative Lab, LLC) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Brainstorm Creative Lab, LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services or the performance of the widgets or products, even if v or authorized representatives of Brainstorm Creative Lab, LLC have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall v total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.
As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Brainstorm Creative Lab, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
All orders placed through the Services are subject to Brainstorm Creative Lab, LLC acceptance. Brainstorm Creative Lab, LLCmay refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, Brainstorm Creative Lab, LLC shall issue you a refund.
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.
Choice of Law
This Agreement shall be construed in accordance with the laws of the state of California, U.S.A. without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Bernardino County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Brainstorm Creative Lab, LLC failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.
If you access and use this website outside the United States you are responsible for complying with your local laws and regulations.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at 1-800-952-5210.
California's Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We care about our customers' safety and hope that the information below helps with your buying decisions. For more information about California Proposition 65 click here.
Force and Effect of Agreement
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Brainstorm Creative Lab, LLC right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at info@Chilltown.com
- Credit / Debit Cards
- Offline Payments