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    TERMS OF USE

    Welcome to the Kitsch website and thank you for visiting. We ask that you review the following basic terms that govern the use of the site and the purchasing of products from our site. By using Kitsch’s website you agree to follow and be bound by these terms. These terms may be changed from time to time and your use of the site following any such changes shall confirm your agreement to follow and be bound by the terms as modified.

    Content

    All of the content on Kitsch’s website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned and controlled exclusively by Kitsch, LLC (“Kitsch”).  The contents of Kitsch’s website is intended for the personal non-commercial (aside from purchases by you from our site) used by visitors to the site. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this site without prior written consent of Kitsch. This includes using Kitsch’s trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines. Kitsch retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site.

    Marketing Communications

    By signing up for email, text message and Facebook notifications, you agree to receive periodic recurring automated marketing messages from KITSCH at the cell number provided when signing up. Consent is not a condition of any purchase. Message & data rates may apply.

    Disclaimer 

    The Kitsch website, its content, and any associated services are provided by Kitsch on an “as is” and “as available” basis. Kitsch makes no representations or warranties of any kind, express or implied, as to the operation of its site, to the information, content, materials or products included on the site, or to the functionality of any services associated therewith. To the fullest extent permissible by applicable law, Kitsch disclaims any and all implied warranties, including but not limited to implied warranties of title, merchantability and fitness for a particular purpose, of workmanlike effort, of suitability, availability, accuracy, reliability, completeness or timeliness of content, or of non-infringement, as well as warranties arising through course of dealing or usage or trade. Further, Kitsch makes no representations or warranties that its site and/or its contents are accurate, complete, reliable, current or error-free, or that any disclosures on this site satisfy government regulations regarding the disclosure of information related to certain products. Kitsch is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this site.

    By using the Kitsch website, you acknowledge that your use of the site, including your use of any and all associated content, data or software distributed by, downloaded or accessed from or through the site, and any associated services is solely at your own risk. Kitsch does not warrant or guarantee that its site, servers or e-mails sent by or on behalf of Kitsch are free of viruses, worms or other harmful components. Further, Kitsch does not guarantee the continuous, uninterrupted and error-free operation of its site, nor that all communications between you and Kitsch, or between you and any other user of the site, will be secure from access or interference by third parties.

    Kitsch will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use its site or the associated services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if Kitsch has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, Kitsch will not be liable for any damage to your computer, telecommunication equipment, or other property caused by or arising from your accessing or use of the site, or from your downloading of any materials from the site, or for any damages arising out of a third party’s unauthorized access to and use of your personal information stored on Kitsch’s computers and/or servers. In no event shall the aggregate liability of Kitsch, its parent, subsidiaries or affiliates — whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory — arising out of or relating to the use of Kitsch’s website exceed the lesser of $25, or the total amount you paid to Kitsch.

    Certain state or local laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitation may not apply to you, and you may have additional rights.

    Comments, Feedback and Other Submissions 
    Kitsch welcomes your comments and feedback regarding its website, its products and its services. It does not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Kitsch using its website or otherwise (collectively, "Comments") are not confidential and will become and remain Kitsch's property. The disclosure, submission or offer of any Comments will constitute an assignment to Kitsch of all rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

    Links to Other Websites and Services

    Kitsch’s website may include links to other Internet sites maintained by third parties ("Linked Sites"). Kitsch provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Kitsch of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Kitsch Site. Linked Sites are not under the control of Kitsch and Kitsch is not responsible for the contents of any Linked Site.

     Controlling Law

    This Kitsch website is controlled and operated by Kitsch, LLC at its headquarters in Los Angeles, California. These terms of use shall be construed in accordance with the laws of the state of California without regard to any Conflict of Law Provision. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of any state or Federal Court located in Los Angeles County, California.

    PRIVACY POLICY

    Section 1.     Privacy Statement

    Kitsch appreciates how much you value your privacy. That is why we have developed this Privacy Policy: to describe the types of information we may collect from you, how we may use that information, how we store it and the steps we take to protect it, the circumstances under which we may disclose or transfer it, and the choices you have regarding submitting and maintaining the information you provide to us. We urge you to read this Privacy Policy and to become familiar with our privacy practices. By visiting MyKitsch.com (the “Site”), you are consenting to the practices described in this Privacy Policy. This Privacy Policy is subject to change. When we change the Privacy Policy in a material way, a notice will be posted at the Site along with the updated Privacy Policy. If you are a returning user or a regular user of the Site, we recommend that you review the Privacy Policy to be sure you are familiar with its current terms.  The terms “Kitsch,” “we,” and “us” include KITSCH, LLC.

    Section 2.     Information We Collect and How We Use It

    Our primary goal in collecting information is to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services.  The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with KITSCH and the requirements of applicable law.  Some of the ways that KITSCH may collect Personal Information include:

    • You may provide Personal Information directly to KITSCH through interacting with the Services, making online purchases, participating in surveys, during events such as sweepstakes, and requesting Services or information.
    • As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.

    Personal Information

    When you join our mailing list, create an account, or make a purchase through our site, your personal information is collected and stored. The basic personal information we collect includes, but is not limited to, your full name, billing address, shipping address, phone number, and email address.

     

    Shopify

    Our store is hosted on Shopify, Inc.  They provide us with the online e-commerce platform that allows us to sell our products and services to you.  Your data is stored through Shopify’s data storage, databases, and the general Shopify application.  They store your data on a secure server behind a firewall.

    Payments.  If you choose a direct payment gateway to complete your KITSCH purchase, then Shopify stores your credit card data.  It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).  Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.  After the transaction is complete, your transaction data is deleted.  All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standard Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover.  PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.  For more insight, you may also want to read Shopify’s Terms of Service or its Privacy Statement. 

    Non-Identifying Information

    Non-identifying information are solo portions of your personal information that cannot be linked to you when seen alone, for example, your zip code or state. Kitsch uses non-identifying information for statistical measurements to ultimately improve your experience on our site. We may combine your non-identifying information with your personal information to provide services to you, such as delivering a product or addressing your inquiries.

    Log Data

    When you visit MyKitsch.com, our servers will automatically record and store information that your browser sends to every website you visit. This information is called log data. Log data can include but is not limited to, your Internet Protocol (IP) address, browser type, web address you were visiting before coming to MyKitsch.com, search information, the MyKitsch.com pages you visited, and duration of time spent on each page. We collect this information to analyze and optimize our site to provide the utmost functionality to you.

    Cookies

    When visiting our site, Kitsch will place a “cookie” on your browsing system. A “cookie” is a piece of data that is sent to your browsing system to allow for an optimized experience on our site. Persistent and session cookies on your browser will allow us to remember your login information and cart items when you return to our site. Parts of these cookies will be deleted when you close your browser or log out of your account on MyKitsch.com. We recommend allowing the use of cookies so we can provide the best online experience possible, however, if you wish to browse privately, without the use of cookies, you may instruct your browser to do so.

    Here is a list of cookies that we use.  We’ve listed them here so you can choose if you want to opt-out of cookies or not.  

    _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc.)

    _shopify_visit, no data held, Persistent for 30 minutes from the last visit.  Used by our website provider’s internal stats tracker to record the number of visits.

    _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day.  Counts the number of visits to a store by a single customer.

    Cart, unique token, persistent for 2 weeks.  Stores information about the contents of your cart.

    _secure_session_id, unique token, sessional

    storefront_disgest, unique token, indefinite if the shop has a password, this is used to determine if the current visitor has access.

    PREF, persistent for a very short period, set by Google and tracks who visits the store and from where.

     

    E-Mails

    Kitsch collects your email address to provide necessary transaction confirmation notifications. You may also opt-in to be a part of our Kitsch mailing list. In doing so, we will use your email address to provide promotional or marketing material regarding the launch of new products, events, service, and other items of interest.

    Section 3.     Information Sharing

    The following includes a list of instances in which your personal information may be shared.

    Third-Party Service Providers

    At times, Kitsch will employ third-party service providers to assist us in improving our site, supporting our business operations, and assisting us in our marketing campaigns. These services may include website maintenance, database management, website analytics, or payment processing parties, targeted advertising and partnership marketing. In general, these third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services provided to us.  

    However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.  For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

    In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us.  So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.  

    Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

    Third-Party Links

    Kitsch’s email newsletter or MyKitsch.com may contain links to third-party websites. When you click on these links you will be transferred to the third-party website. Kitsch does not exercise control over the third-party’s privacy policy, and their privacy policy may differ from ours. We encourage you to read the privacy policies of the sites you visit.

    Google Analytics

    Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.  This includes demographics and interests.  We will never share this data with anyone outside of Kitsch.  This data is only collected so that we can better serve our customers.

    Law Enforcement

    If we deem it necessary or appropriate, Kitsch will cooperate with law enforcement officials and private parties when asked to disclose any information about you.

    Business Transfer

    In the event that Kitsch transfers ownership, we may share your personal information during a merger, acquisition, reorganization, sale of assets, or declaration of bankruptcy.

    Section 4.     Consent

    How do you get my consent?

    When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, it is implied that you consent to our collecting it and using it for that specific reason only.  If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no.

    How do I withdraw my consent?

    If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at Kitsch@MyKitsch.com or by mail at:  Attention:  Privacy Officer, Kitsch, 137 N Larchmont Blvd, #641 Los Angeles CA, 90004.

    Section 5.     Your Account Information

    You may edit, update, or delete parts or all of your personal information from your user account at any time. You may edit your account information by logging into your account, or if you wish to delete your account entirely, please contact us at Kitsch@MyKitsch.com.  Although your account can be deleted an archived copy may remain on file for business records.

    Section 5.     International Transfer

    If you are an international customer, you should be aware that your personal information is transferred to the United States for processing at our headquarters in California. The security laws in the United States may differ from your home country or governmental jurisdiction. Your consent to this Privacy Policy and submission of your personal information, during a transaction or otherwise, represents your agreement to that transfer.

    By choosing to visit the Site, utilize the Services, or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of California, United States, and the adjudication of any disputes arising in connection with Kitsch or the Site will be in accordance with the Terms of Use.

    If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to Processing of your data globally.  By providing your Personal Information, you consent to any transfer and Processing in accordance with this Policy.

    Section 6.     Security

    To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

    If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional, generally accepted industry standards.  

    Section 7.     Children

    In compliance with the Children’s Online Privacy Protection Act, Kitsch will not knowingly collect any information from children under the age of 13 years. If you are under 13, please have your parents or legal guardian enter their information when required. If a parent or legal guardian becomes aware that his or her child has provided his or her personal information without parental consent, please contact Kitsch@MyKitsch.com, and we will remove the information from our files. Additionally, if Kitsch becomes aware that a child under the age of 13 has provided us with his or her personal information, we will delete the information from our files.

    Section 8.     Co-Sponsors and Brand Partners

    When we have co-branded or sponsored services or promotions, or when we join with other parties to provide specific services, we may share (provide and receive) your personal information with them. By visiting these sites or participating in a promotion, you affirmatively consent to our collection, use, and distribution of your data.

    We may share your information with other third parties with whom we have business relationships and, in some cases, we cannot control or know their privacy practices. By visiting our sites, utilizing our services or otherwise providing information to us, you affirmatively consent to our collection, use, and distribution of your data in accordance with this Policy.

    We may share (provide and receive) aggregate information, which is not personally identifiable, with others. This information may include demographic data such as the gender and/or geographic location of groups of users, but it will not include personal information (such as your name or email address). We use aggregate demographic information about our audience in order to improve our service, for research purposes, marketing/promotional purposes, and/or for industry reporting purposes, among others.

    Section 9.     California Do Not Track Disclosure

    Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this Time, Kitsch does not respond to Do Not Track browser settings or signals. In addition, Kitsch may use third-party advertising companies to collect data and/or serve ads when you visit MyKitsch.com.

    These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third-party companies. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://www.networkadvertising.org/choices/.

    Section 10.   Your California Privacy Rights

    If you are a California resident you may request information about our disclosure of personal information to Third Parties for their direct marketing purposes. To make such a request, please write to us at the address contained in Section 12 below.

    Section 11.   Changes to This Privacy Policy

    We reserve the right to modify this privacy policy at any time, so please review it frequently.  Changes and clarifications will take effect immediately upon their posting on the website.  If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

    Section 12.   Contact

    If you have any questions regarding this privacy policy, please contact Kitsch at Kitsch@myKitsch.com or 137 N Larchmont Blvd Suite 641, Los Angeles CA, 90004.

     

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