Immodest Cotton respects the privacy of individuals (“You”) who visit Our Site, and We are committed to compliance with data protection laws and protecting the privacy of everyone involved, especially our visitors and our customers
The information that we collect:
We collect personal information:
- When you provide it to us.
This may include your:
- contact information, such as your email address and phone number
- home/office address
- credit card information
- bank information
- any other information that you provide to us when you complete forms, including on Our website, surveys, or otherwise provide us with information
- When you use Our products or services, or visit Our website(s).
This may include your:
- order and usage history
- transaction information
- location data, which we may collect through Our apps (if applicable) or when you access Our website using a mobile device
- information created when you communicate using Our products or services, including the content of such communications and the time/date of the communications.
- information automatically collected when you visit our website(s) using your computer or mobile device, including your IP address or other device address or ID, web browser and/or device type, hardware and software settings and configurations, the web pages or sites that you visit just before or just after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the Site.
How We use the information we collect:
Immodest Cotton uses the personal information that We collect:
- To provide Our products and services.
For example, we use personal information to:
- create/update your account
- process orders
- process payments
- generate and send you receipts
- enable deliveries
- perform necessary operations to maintain our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.
- communicate with you regarding Our products and services, and/or your account
- Customer support
Immodest Cotton uses the information we collect to provide customer support, which may include investigating and responding to complaints.
Immodest Cotton may use personal data to market Our services to Our users. This includes sending users communications about Our products services, features, promotions, updates, and events. We may do so through various methods, including email, text messages, social media, and ads on third party platforms.
- Legal proceedings and requirements
We may use personal data to investigate or address claims or disputes relating to use of Immodest Cotton’s services, to satisfy requirements under applicable laws, regulations, or operating licenses or agreements, or pursuant to legal process or governmental request, including from law enforcement.
When we share your information
We may share you information with third parties in connection with providing Our products or services. This may include sharing your information with:
- vendors and service providers
- payment processors and facilitators
- cloud storage providers
- social media companies, such as Facebook or Instagram, in connection with Our use of their platforms to communicate with Our users
- marketing partners and marketing platform providers, including social media advertising services, advertising networks, third-party data providers, and other service providers to reach or better understand Our users and measure advertising effectiveness
- Google Analytics or a similar service to help us analyze how users use Our website
- consultants, lawyers, accountants, and other professional service providers
Immodest Cotton may also share your information if We believe it’s required by applicable law, regulation, operating license or agreement, legal process or government request, or where the disclosure is otherwise appropriate due to safety or similar concerns. We may also share your information with others in connection with, or during negotiations of, any merger, sale of Our assets, consolidation or restructuring, financing, or acquisition of all or a portion of Our business by or into another Company.
- Opt-out from communications
As explained above, we may use your e-mail address or other personal information send you promotional materials. You can opt-out of receiving promotional communications by following links provided in the messages, by updating your account preferences through the Services, or by contacting us directly at to email@example.com.
- Data retention
We retain information as long as it is reasonably necessary to provide Our products and services, and for other purposes including to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, or enforce Our Terms or other agreements.
- Visitors from Outside the United States
- Requests and inquiries
Last Updated May 20, 2022
By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 8 below. If you do not want to agree to these Terms, you must not access or use the Site.
These Terms state that any disputes between you and us must be resolved in small claims court.
- To use the Site you must (i) be at least eighteen (18) years of age, or, if you are under 18 years of age but are at least 13 years old, you must use the Site with the consent of your parent or legal guardian; (ii) have not previously been suspended or removed from the Site; and (iii) use the Site in compliance with any and all applicable laws and regulations.
- Account Registration. To access some features of the Site, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, and current information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone, use false information, or otherwise conceal your identity from us for any purpose.
You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at firstname.lastname@example.org.
As further described in Section 7, Termination, we have the right to disable any account, user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Prohibited You agree not to:
- Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
- Violate or encourage others to violate our rights or the rights of third parties, including intellectual property rights;
- Interfere in any way with security-related features of the Site;
- Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
- Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
- Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
- Sell or otherwise transfer the access granted herein.
- Third Party Content. The Site may contain links to third party websites and services. We provide such links as a convenience, and do not control or endorse these websites and services. You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and are not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any such third party websites or services.
- Intellectual Property. This Site and its entire contents and features (including all information, software, text, images, video, audio and the design) are owned by us, our licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret and other intellectual property laws. No materials from the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed or performed, downloaded, transmitted, or distributed in any way without our express permission, except as may be required for you to access and view the Site.
You may not access or use this Site for any commercial purposes, modify copies of any materials from this Site, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. We intend to vigorously enforce our rights, including our intellectual property rights. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to us through this Site.
Our name, the terms Fleabags LLC, Fleabags, Immodest Cotton (trademark pending), our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission.
- Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
- If you violate these Terms, your permission to use our Site will automatically terminate. In addition, we, in our sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Site at any time, with or without notice to you. You may terminate your account at any time by contacting us at email@example.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
- Modification of the Terms. We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of our Site. Such modifications and additional terms and conditions will be effective immediately upon notice. We will make reasonable efforts to notify you of any material changes to the Terms, including by posting a notice to our Site or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
- Disclaimers of Warranties. OUR SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. YOUR USE OF THE SITE IS AT YOUR OWN RISK. We specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any damages that may result from your use of or access to our Site. We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through our Site.
- Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations or the disclaimer of warranties in Section 9 may not apply to you.
- You agree that you will be personally responsible for your use of our Site, and you agree to defend, indemnify, and hold us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of our Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Governing These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Subject to Section 13 which provides that disputes are to be resolved in small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Kings County, New York, for the purpose of litigating all such disputes.
- Dispute Resolution. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree to resolve disputes in small claims court if a claim is within such court’s jurisdiction, provided that such action may not be transferred, removed or appealed to a different court. Notwithstanding any of the above, you agree that either party may seek injunctive or other equitable relief in any state or federal court having jurisdiction to grant such relief in the event of actual or threatened infringement or misappropriation of intellectual property rights. You hereby expressly waive a trial by jury. You hereby agree not to participate in a class action for any claims covered by this agreement. This provision shall survive the termination of this agreement.
- Modification of the Site. We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
- Entire Agreement. These Terms, together with the Privacy Notice, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Site, and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.
- No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
- Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
- Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Last updated May 20, 2022