Standard and Ground orders ship within 2 business days. Two-Day and Overnight orders placed before noon ET ship the same business day. Orders are only shipped and delivered on business days. Business days are all weekdays excluding federal holidays.
All sales are final. Because Swoon is a food product, we cannot accept returns. If your order was damaged during transport, please email us at email@example.com and we’ll replace it.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Year of Swoon Giveaway (the "Sweepstakes") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Be Mixed, LLC. and other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations.
The Sweepstakes is sponsored by Be Mixed LLC., located at 423 w 55th St., New York, New York 10019.
Agreement to Official Rules
Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
The Sweepstakes begins on August 29, and ends December 1 and may be updated from time to time (the "Sweepstakes Period"). Entries that are submitted before or after the Sweepstakes Period will be disqualified. Submissions will be accepted for the duration of the Sweepstakes using any of the following methods:
Online submissions only
How to Enter
Online: This method of entry will be available by visiting our website (www.tasteswoon.com) and following the directions provided to fill out the entry information, and submit.
Limit one (1) entry per person, per email address, and per household for the duration of the Sweepstakes Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries become the property of Sponsor and will not be acknowledged or returned.
Once per year the Sponsor will select potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via email on or near the date of drawing. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.
The potential winners will be notified by email, mail or phone. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.
Free Swoon Bottles
In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
Release and Limitations of Liability
By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the "Released Parties)" from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Sweepstakes-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than New York.
To request the name of the winner send a self-addressed, stamped envelope to 423 w 55th st., New York, NY 10019. Winner List requests will only be accepted after the promotion end date (listed above).
By ordering Swoon’s (“we” “us” or “our”) products and using our services, you are consenting to the collection of Personal Information and use practices described in this Policy, as modified from time to time by us in our sole discretion.
SECTION 1 - WHAT DO WE COLLECT? WHAT DO WE DO WITH YOUR INFORMATION?
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, operating system, IP address, time zone, and some of the Cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about Cookies, and how to disable Cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site), and to assess the success of our marketing and advertising campaigns.
When you purchase something from our store as part of the buying and selling process, we collect other personally identifying data and information from you, such as your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
In addition to the uses set for elsewhere in the Policy, we may use Personal Information about you for various purposes, including to:
• Provide, maintain and improve the Site and our products;
• Manage your account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Communicate with you about the Site, products, recipes, offers, surveys, events and other news and information we think may be of interest to you;
• Monitor and analyze trends, usage and activities in connection with the Site;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect our rights and property;
• Personalize and improve the Sites and provide advertisements, content and features that match your profile or interests;
• Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
• Link or combine with information we get from others to help understand your needs and provide you with a better experience; and
• Carry out any other purpose for which the information was collected.
SECTION 2 – CONSENT; SMS POLICY
How do you get my consent?
You consent to our collection and use of Device Information by using or accessing the Site.
You consent to our collection and use of Order Information 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.
We will ask for directly for your express consent to use your Order Information for a secondary reason, like marketing, or provide you with an opportunity to say no.
By entering your phone number for use pertaining to our Site, you are providing written consent to, and agree to, receive text messages from us and agree to the associated Terms of Service. These messages will be used for important notifications, security confirmations, customer service, and other relevant notifications or promotions regarding your purchases and use. The approximate
number of messages you should expect to receive in a given month is
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 firstname.lastname@example.org or mailing us at:
423 West 55th Street, 11th Floor
New York, New York 10019
To stop receiving text messages, you may reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Stopping messages will prevent future customer support service. To resume receiving messages, you may message START. For text message help, you may message HELP.
Swoon is not liable for delayed or undelivered messages. For further information, please contact us.
SECTION 3 - DISCLOSURE
Subject to the terms of this Policy, we shall never sell, rent, share or otherwise distribute or make available your Personal Information to third parties outside of our group of companies without your consent, except that we may access, use, preserve, and disclose your Personal Information to third parties if we believe in good faith that it is reasonably necessary to:
• Comply with applicable laws, regulations, legal processes, and governmental requests;
• Protect the safety of any person including to prevent death or imminent bodily harm;
• Detect, prevent, and address fraud, security, or technical issues;
• Further process your Personal Information in accordance with the purposes for which it was originally collected;
• Enforce the Terms of Service; or
• Protect our rights or property.
California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident, you may request this information once per calendar year by writing to us at email@example.com.
SECTION 4 – RETENTION OF PERSONAL INFORMATION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. We will delete this information only to the extent permitted by applicable law, document retention policy, or court order.
SECTION 5 – INTERNATIONAL USERS
Our Site is based in the United States. If you are visiting from the European Union or other region with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information, you expressly consent to any transfer and processing in accordance with this Policy while acknowledging that privacy laws in the United States may be different, and in some cases, less protective, than those in effect in your jurisdiction.
Users in the European Union (the “EEA”) and Switzerland. If you are a resident of the EEA or Switzerland, the following information applies.
1. Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of our Site. We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide services; and (3) as necessary for our legitimate interests in providing the services where those interests do not override your fundamental rights and freedom related to data privacy.
2. Right to lodge a complaint: Users that reside in the EEA or Switzerland have the right pursuant to the General Data Protection Regulation (“GDPR”) to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here [link: https://edpb.europa.eu/about-edpb/board/members_en].
3. Transfers: Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. We will ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.
4. Individual Rights: If you are a resident of the EEA or Switzerland, you are entitled to the following rights. Please note: In order to verify your identity, we may require you to provide us with personal data prior to accessing any records containing information about you.
a. The right to request data erasure. You have the right to have your data erased from our Sites if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
b. The right to restrict or object to our processing. You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
SECTION 6 –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.
If you choose a direct payment gateway to complete your 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 that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards 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 here [https://www.shopify.com/legal/terms] or Privacy Statement here [https://www.shopify.com/legal/privacy].
SECTION 7 - THIRD-PARTY SERVICES
In general, the 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 they provide 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 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 Policy or our website’s Terms of Service.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 8 – 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 an 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.
Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a completely secure environment, and that therefore the confidentiality of your Personal Information provided or transmitted via our Site or by e-mail cannot be guaranteed by us. Thus, we are not responsible or liable for the security of your Personal Information whilst in transit via the Internet to us.
By using the Site or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending a message. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at firstname.lastname@example.org.
SECTION 9 – COOKIES
Here is a list of Cookies that we use and a brief description of the services they provide. We’ve listed them here so you that 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_digest, unique token, indefinite, If the shop has a password, this is used to determine if the current visitor has access.
Google Analytics & Interest-Based Online Advertising
As you navigate through and interact with our website(s), we may utilize automatic data collection technologies (such as Google Analytics) to collect anonymized information about your site visit. We do this to help us estimate the size of our audience and their usage patterns in order to improve the user experience for everyone.
Data collected may include, but is not limited to, demographic information like age and gender, system details like your browser version and operating system, your mobile device type if accessing the site on your phone or tablet, onsite behavior like which pages on our site that you visited and how long you stayed, and whether or not you completed any actions like making a purchase or signing up for our mailing list. Nothing collected is personally identifiable.
You have the right to update, correct, or modify information we may have about you at any time by logging into your account, or emailing us at email@example.com.
You may also adjust your ad personalization settings directly with Google in their “Ad Personalization Settings” [link: https://adssettings.google.com/authenticated] page.
We have enabled the following tracking features within Google Analytics: Demographics and Interest Reports, Advertising Reporting Features, and Remarketing.
Users who wish to not have their data collected with Google Analytics can install the opt-out browser add-on, which prohibits information from being sent to Google Analytics.
To opt out, visit the Google Analytics opt-out page [link: https://tools.google.com/dlpage/gaoptout] and install the add-on for your browser.
Another option is by visiting the Network Advertising Initiative Opt-Out [link: http://optout.networkadvertising.org/?c=1#!%2F] page.
SECTION 10 - AGE OF CONSENT
Our websites are general audience sites that are not designed nor intended to collect Personal Information from minors under the age of 18. To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Personal Information. We will not knowingly collect, use, or disclose Personal Information from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian). By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. We ask that parents supervise their children while online.
If our store is acquired or merged with another company, your information may be transferred to the new owners.
SECTION 12 – TRADEMARK RIGHTS
We and our affiliates, licensors and content providers are the owners of all the trademarks used on the Site. Third parties are not allowed to use and apply any of the trademarks, logos and identifying marks without our express written consent.
SECTION 13 - QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at:
Be Mixed, LLC
423 West 55th Street, 11th Floor
New York, New York 10019
Effective Date: May 1, 2019
Terms of Service
This website is operated by Be Mixed, LLC d/b/a Swoon (“Swoon”). Throughout the site, the terms “we”, “us” and “our” refer to Swoon. Swoon offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, remove or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
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.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. You must not interfere or tamper with the functioning of the site, nor may you attempt to gain access to information or control of the site not specifically granted to you.
You must not knowingly provide or post any false, misleading, or fraudulent information.
Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time and in our sole discretion. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Please note that if you are accessing the site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties or hypertext links leading to websites that are not operated or controlled by us. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for these websites. We have no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of these Terms. We do not make any representation or warranty about the content or accuracy of the material on any such site. We disclaim all liability and responsibility for any third-party materials or websites, and for any other materials, products, and services of third-parties. We also disclaim all liability and responsibility for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party website’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Viewing and any action taken on such third-party websites is entirely at your own risk.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You acknowledge that you are responsible for any material you may submit via the site or otherwise to Swoon, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the site or otherwise communicate to Swoon any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not upload commercial content onto the site.
If you submit material via any means to Swoon, unless we indicate otherwise, you grant Swoon and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Swoon is free to use any creative ideas, suggestions, proposals, plans, ideas, concepts, and know-how that you or individuals acting on your behalf provide to Swoon (“Comments”). You grant Swoon and its affiliates the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Swoon for all claims resulting from content you supply.
If you provide to us any Comments, whether related to the site or otherwise, and you hereby acknowledge and agree that such Comments are not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Swoon under any fiduciary or other obligation to you.
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (1) to maintain any Comment in confidence; (2) to pay compensation for any Comment; or (3) to respond to any Comment.
We may, but have no obligation to, monitor, edit or remove any Comment that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comment. You are solely responsible for any Comment you make, or that are affiliated with your account or username, and its accuracy and lawfulness. We take no responsibility and assume no liability for any Comment posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
In the event the site is ever structured such that you are able to create an account on the site, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from Swoon and its affiliated entities.
SECTION 11 – MINORS AND CHILDREN
The site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the site unsupervised or by registering for an account, you warrant that you are 18 years of age or older.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Swoon does not endorse any of the products or services identified on such sites.
SECTION 12- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Swoon, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
In addition to the indemnity obligations contained elsewhere in these Terms, you agree to indemnify, defend and hold harmless Swoon and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising from or related to your use of the site; any material you transmit using the site; or your violation, breach or alleged violation or breach of these Terms of Service, including any claim or liability under the telephone consumer protection act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.
SECTION 16 - COPYRIGHT AND INTELLECTUAL PROPERTY
The content of the Service, including without limitation, the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are and shall remain are the exclusive property of and owned by Swoon or our affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in this Section 16, nothing contained on our site shall be interpreted or construed as granting you a license or a right to use any such content of our site.
All of the content made available through the site, including, but not limited to, all text and images (“Content”), and all software used to make the site available are and shall remain the property of Swoon and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time we may permit you to download and view one (1) copy of selected Content on the site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Service, and solely for so long as you are permitted by Swoon to access and use the site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Swoon, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Service, all or any part of the site, or any Content made available through the site.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms or our Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination
You agree that Swoon, in its sole discretion, may terminate your username, password, account (or any part thereof), or use of the site, and remove and discard any content within the site, at any time and for any reason. In such event and with respect to any use of the site on a mobile device, you must immediately remove the site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.
SECTION 19 – SMS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.
User Opt Out: If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Swoon’s products.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and all policies and operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York without regard for conflict of laws principles.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
SECTION 23 - CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to us a written notice by mail or email to the respective addresses set forth below requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Notices sent under this Section may be mailed to:
423 West 55th Street, 11th Floor
New York, New York 10019
Notices sent under this Section may emailed to email@example.com
Effective Date: May 1, 2019