Chasing Windmills Terms of Use Agreement
We're about to speak like a lawyer to tell you all about our Terms of Use. We cover a bunch of different topics, like trademarks, copyrights, and the minimum age to make a purchase from us (hint: your baby cannot directly place an order, but a parent, grandparent, aunt, or uncle may), to name just a few. Yes, a lot of this is common sense, but our legal counsel insists that we spell it out. If you're interested in the details of our Terms of Use, read on.
Welcome to Chasingwindmillskids.com and Chasing Windmills mobile services (the “Chasing Windmills Electronic Platforms”). The Chasing Windmills Electronic Platforms are hosted by Chasing Windmills Co., LLC (“Chasing Windmills,” “we,” or “us”).
By using the Chasing Windmills Electronic Platforms, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using the Chasing Windmills Electronic Platforms, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the Chasing Windmills Electronic Platforms. In addition, when you use any current or future version of the Chasing Windmills Electronic Platforms, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Chasing Windmills Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.
Privacy
Please review our Privacy Policy, which also governs your use of the Chasing Windmills Electronic Platforms, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.
Orders
Chasing Windmills does sell products for children, but it does not sell products to children. Chasing Windmills only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Chasing Windmills reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Chasing Windmills believes that user conduct violates applicable law or is harmful to the interests of Chasing Windmills or its affiliates.
Trademarks
Chasing Windmills™ is a registered trademark of Chasing Windmills Co., LLC in the United States.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Chasing Windmills or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Chasing Windmills or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Chasing Windmills Electronic Platforms confers on you any license or right under any patent or trademark of Chasing Windmills or any third party.
Copyright
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Chasing Windmills Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Chasing Windmills or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Chasing Windmills Electronic Platforms for any purposes. Nothing stated or implied on the Chasing Windmills Electronic Platforms confers on you any license or right under any copyright of Chasing Windmills or any third party.
The Chasing Windmills Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Chasing Windmills Electronic Platforms, or use the contents of the Chasing Windmills Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Chasing Windmills or its lawful successors and assigns. For usage permission, Contact Us.
Notice of Copyright Infringement
Chasing Windmills respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Chasing Windmills Electronic Platforms, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.
If you believe that your work has been copied and is accessible on the Chasing Windmills Electronic Platforms in a way that constitutes copyright infringement, please provide Chasing Windmills’s Copyright Agent with the following information:
Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the Chasing Windmills Electronic Platforms that is requested to be removed;
Your name, address, and daytime telephone number, and an email address if available, so that Chasing Windmills may contact you if necessary;
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Chasing Windmills’s Copyright Agent for notice of claims of copyright infringement on the Chasing Windmills Electronic Platforms is Chasing Windmills’s General Counsel, who can be reached as follows:
Chasing Windmills Co., LLC, Attn.: Copyright Agent, P.O. Box 460356, Denver, CO 80246
Email: info@chasingwindmillskids.com
License and Access to Chasing Windmills Electronic Platforms
Chasing Windmills grants you a limited license to access and make personal use of the Chasing Windmills Electronic Platforms and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Chasing Windmills. This license does not include any resale or commercial use of the Chasing Windmills Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Chasing Windmills Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Chasing Windmills Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Chasing Windmills. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Chasing Windmills without express written consent. You may not use meta tags or any other hidden text using Chasing Windmills’s name or trademarks without the express written consent of Chasing Windmills. Any unauthorized use terminates the permission or license granted by Chasing Windmills.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Chasing Windmills so long as the link does not portray Chasing Windmills or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Chasing Windmills logo or other proprietary graphic or trademark as part of the link without express written permission.
Third Party and Co-Branded Web Sites
The Chasing Windmills Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Chasing Windmills (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, such as affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Chasing Windmills to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Chasing Windmills Electronic Platforms. Chasing Windmills IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Your Responsibilities
You agree to comply with all applicable law in connection with your use of the Chasing Windmills Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Chasing Windmills. As a condition of your use of the Chasing Windmills Electronic Platforms, you warrant that you will not use the Chasing Windmills Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Chasing Windmills Electronic Platforms or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Chasing Windmills or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using the Chasing Windmills Electronic Platforms, you agree not to violate or attempt to violate the security of the Chasing Windmills Electronic Platforms, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Chasing Windmills Electronic Platforms;
Sending unsolicited email, including promotions and/or advertising of products or services,
and
Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the Chasing Windmills Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Chasing Windmills. Title to products purchased on the Chasing Windmills Electronic Platforms, as well as the risk of loss for such products, passes to you when Chasing Windmills delivers these items to the carrier.
Product Information
Chasing Windmills attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Chasing Windmills Electronic Platforms are accurate, complete, reliable, current, or error-free. Chasing Windmills products displayed on the Chasing Windmills Electronic Platforms may be available in select authorized retail stores in the United States while supplies last. In some cases, merchandise displayed for sale via the Chasing Windmills Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the Chasing Windmills Electronic Platforms are quoted in U.S. Dollars.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear on the Chasing Windmills Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.
The Chasing Windmills Return/Exchange Policy
See Return / Exchange Policy.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE CHASING WINDMILLS ELECTRONIC PLATFORMS ARE PROVIDED BY CHASING WINDMILLS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHASING WINDMILLS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CHASING WINDMILLS ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE CHASING WINDMILLS ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE Chasing Windmills ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE Chasing Windmills ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE Chasing Windmills ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE Chasing Windmills ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE Chasing Windmills ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Chasing Windmills ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Chasing Windmills DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL Chasing Windmills, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Chasing Windmills ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Chasing Windmills ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE Chasing Windmills ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO Chasing Windmills THROUGH THE Chasing Windmills ELECTRONIC PLATFORMS; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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 DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Colorado, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Colorado. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to Chasing Windmills or to products you purchase through Chasing Windmills shall be submitted to any state or federal court in the State of Colorado, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Indemnification
You agree to defend, indemnify, and hold harmless Chasing Windmills and its affiliates, successors and assigns, and its and their members, managers, directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Chasing Windmills arising out of or relating to your use of the Chasing Windmills Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the Chasing Windmills Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Chasing Windmills Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Chasing Windmills Electronic Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Chasing Windmills as a result of this Agreement or your use of the Chasing Windmills Electronic Platforms. Nothing contained in this Agreement is in derogation of Chasing Windmills’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Chasing Windmills Electronic Platforms or information provided to or gathered by Chasing Windmills with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Chasing Windmills to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Chasing Windmills Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Chasing Windmills and you regarding the Chasing Windmills Electronic Platforms and their contents.
All rights not expressly granted herein are hereby reserved.
Considerations for Non-U.S. Customers
Chasing Windmills’s headquarters are located in the United States, and the Chasing Windmills Services are based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Chasing Windmills Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Chasing Windmills Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.
EFFECTIVE DATE: May 1, 2015.