Privacy Policy
At The Whimsical Ewe, your privacy is important to us. This privacy policy (“Policy”) applies to The Whimsical Ewe sites and services and tells you how personal information is collected, used, disclosed, and protected by The Whimsical Ewe. This statement includes both The Whimsical Ewe’s European Union – U.S. Safe Harbor Privacy Statement and the Website Privacy Statements.
Changes to This Policy
We may change this Policy from time to time. If we make any changes to this Policy, we will change the “last updated” date above. If there are material changes to this Policy, we will notify you more directly. We encourage you to check this Policy whenever you use our Web sites and services to understand how your personal information is used.
Information Collected
We collect information from you in various ways when you use our Web sites and services. We may also supplement this information with information from other companies. We collect two general types of information, namely personal information and aggregate data. As used in this Policy, the term “personal information” means information that specifically identifies an individual (such as a name and email address), and demographic and other information when directly linked to information that can identify an individual.
Our definition of personal information does not include “aggregate” data. Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed. In other words, no personal information is included in aggregate data. Aggregate data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our services. This Policy in no way restricts or limits our collection and use of aggregate data, and we may share aggregate data about our users with third parties for various purposes, including to help us better understand our customer needs and improve our services and for advertising and marketing purposes.
The following are the specific types of information we collect from you.
Information You Give Us. We collect information you give us on our Web site and when you register for and use our services. Examples include the following:
Registration and Profile Information. When you register to use our services or update your profile, we may collect various kinds of information about you including, your name and email address; your title, company, and other profile information you provide; demographic information; and information you upload like photos, files, and documents.
Payment Information. If you choose to use a paid The Whimsical Ewe’s account or service, our payment processing vendor collects your credit card information and billing address.
Submissions and Customer Service. From time to time, we may use surveys, contests or sweepstakes requesting personal or demographic information and customer feedback.
Automatically Collected Information. We automatically receive certain types of information when you interact with our Web pages, services, and communications. For example, it is standard for your Web browser to automatically send information to every Web site you visit, including ours. That information includes your computer’s IP address, access times, your browser type and language, and referring Web site addresses. We may also collect information about the type of operating system you use, your account activity, and files and pages accessed or used by you.
Cookies and Web Beacons. We may also use certain kinds of technology such as cookies and Web beacons to collect information. Among other things, the use of cookies and Web beacons enables us to improve our Web sites and emails by seeing which areas and features are most popular, to count the number of computers accessing our Web site, to personalize and improve your experience, to record your preferences, and to allow you to visit our Web site without re-entering your member ID and/or password. A cookie is a small amount of data which is sent to your browser from a Web site’s computers and stored on your computer’s hard drive. Most browsers automatically accept cookies as the default setting. You can modify your browser setting to reject our cookies or to prompt you before accepting a cookie by editing your browser options. However, if a browser is set not to accept cookies or if a user rejects a cookie, some portions of the Web site and services may not function properly.
For example, you may not be able to sign in and access certain Web page features or services. A Web beacon is an electronic image, also called a “gif,” that may be used on our Web pages to deliver cookies, count visits and compile statistics on usage and campaign effectiveness or in our emails to tell if an email has been opened and acted upon. Use of Personal Information In general, we use your personal information to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products, or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Web site and services and to otherwise serve you and our users. For example, we may use your personal information:
To request feedback and to enable us to develop, customize and improve the Web site and our publications, products and services;
To conduct marketing analysis, to send you surveys or newsletters, to contact you about services, products, activities, special events or offers from The Whimsical Ewe or our partners and for other marketing, informational, product or service development and promotional purposes;
To send you a welcoming email and to contact you about your use of the Web site and services; to respond to your emails, submissions, comments, requests or complaints; to perform after-sales services; to anticipate and resolve problems with our service; to respond to customer support inquiries, for assistance with our product and service development; and to inform you of updates to products and services from The Whimsical Ewe that better meet your needs;
To contact you if you win a contest; and for other purposes about which we notify you.
The Whimsical Ewe may store and process personal information in the United States and other countries. The Whimsical Ewe adheres to the U.S. Department of Commerce’s Safe Harbor privacy principles regarding the collection, use, and retention of personal information from the European Union. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce’s Website at http://export.gov/safeharbor/.
Sharing of Personal Information
The Whimsical Ewe reserves the right to share aggregated demographic information about our customers, sales, and traffic to our partners and advertisers. We will not give, sell, rent, share, or trade any of your personal information or any data that you store using our services to any third party except as outlined in this Policy or with your consent. We may disclose information to a third party to (a) comply with laws or respond to lawful requests and legal process, (b) to protect The Whimsical Ewe, agents, customers, and others including to enforce our agreements, policies and terms of use or (c) in the good faith belief that disclosure is needed to respond to an emergency or protect the personal safety of any person.
Network and Information Security
The Whimsical Ewe takes reasonable steps to protect information we collect from you to prevent loss, misuse and unauthorized access, disclosure, alteration, and destruction. In addition, highly confidential personal information such as credit card number and password that we request from you on our Web site is protected with encryption, such as Secured Socket Layer (SSL) protocol, during transmission over the Internet.
The servers on which information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any passively-collected personal information you choose to store on our systems are maintained at adequate levels of protection to meet specific needs or obligations you may have relating to that information.
Your account information and access to our service is accessible only through the use of an individual user ID and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.
Updating and Accessing Personal Information
If your personal information changes in any way, we invite you to correct or update your information as soon as possible. You can make updates to your profile information by logging into your account on The Whimsical Ewe at any time. You can also request changes or access to your information by emailing [email protected].
Choice/Opt-Out
The Whimsical Ewe may send you communications or data regarding our Web sites and services, including but not limited to (i) notices about your use of our Web sites and services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our products and services. You may opt-out of receiving promotional emails from The Whimsical Ewe by following the opt-out instructions provided in those emails. Opt-out requests will not apply to transactional service messages, such as security alerts and notices about your current account and services.
Return & Refund Policy
Thanks for shopping at The Whimsical Ewe. If, however, you are not entirely satisfied with your purchase, we’re here to help. Please read below for further details.
Returns & Exchanges
I don’t accept returns, exchanges, or cancellations. However, if you have any problems with your order, please contact me immediately.
Shipping
Processing time. The time I need to prepare an order for shipping varies. For details, see individual items.
Customs and import taxes. Buyers are responsible for any customs and import taxes that may apply. I’m not responsible for delays due to customs.
Contacting Us
Any questions about these Policies should be addressed to [email protected].
Returns & Exchanges
Your satisfaction is very important to me, so I will make every effort to correct any mistakes with every order placed. If you find a problem with your order, I ask that you contact me within three days of the receipt of your yarn via my contact page or via email at [email protected]. Otherwise, all sales are final.
I take great care to display each product accurately along with a detailed description. The fiber content and twist will affect how the fibers absorb the dyes. Every colorway will look a little different on each yarn base. Please take the time to consider the information given before deciding to make a purchase. If you have any questions about a yarn base or colorway, please contact me before you make a purchase.
Yarn that has been exposed to pets and/or smoke or has been caked cannot be returned for any reason.
Shipping
All orders are shipped using USPS First Class Mail or USPS Priority Mail. Shipping options will be shown during checkout.
Orders of $150+, shipping to a US address, will receive free shipping by USPS Priority Mail.
All orders will be shipped to the address you provide during checkout. Please review the shipping address to be sure it is correct. No refunds or replacements are available for orders shipped to an incorrect, provided address.
If you place multiple orders, shipped to the same address, I will combine the shipping and refund the difference, if you contact me prior to the orders being shipped.
Payment Options
We accept Visa, MasterCard, Discover, and American Express as well as Apple Pay and Google Pay.
Terms of Service Agreement
Welcome to The Whimsical Ewe!
By using this Site, the services available at this Site, and any service, software, application, plug-in, component, functionality, or program created by The Whimsical Ewe (together, the “Services”), you are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services.
Should you have any questions concerning this Agreement, please contact [email protected].
By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. The Whimsical Ewe is available for online retailers. REGISTRANTS BETWEEN THE AGES OF 13 AND 18, HOWEVER, MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
A. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please reach us at [email protected].
B. YOUR REGISTRATION OBLIGATIONS
To obtain and use the Services, you will be required to register with The Whimsical Ewe by completing a registration form and designating a user ID and password. When registering with The Whimsical Ewe you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify The Whimsical Ewe of any unauthorized use of your user ID or password or any other breach of security. The Whimsical Ewe cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
C. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with The Whimsical Ewe, you understand that we may send you communications or data from The Whimsical Ewe regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding The Whimsical Ewe’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
D. USER CONDUCT/ACCEPTABLE USE POLICY
Unauthorized use of The Whimsical Ewe service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of The Whimsical Ewe or others.
Content posted by Users and other non-The Whimsical Ewe contributors are generally not reviewed by The Whimsical Ewe. The Whimsical Ewe shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that The Whimsical Ewe, in its sole discretion, deems to be (a) inconsistent with The Whimsical Ewe’s strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms of Use; or (b) possibly in violation of applicable law. In addition, The Whimsical Ewe has the right to remove any content if The Whimsical Ewe has reason to believe that displaying such content may infringe the rights of a third party or subject The Whimsical Ewe to expense or liability. Please notify us by using our contact page regarding any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
The Whimsical Ewe reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit The Whimsical Ewe’s response to a future complaint. You acknowledge and agree that The Whimsical Ewe shall not assume or have any liability for any action or inaction by The Whimsical Ewe with respect to any User Content.
Additionally, The Whimsical Ewe reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, The Whimsical Ewe Site, computer systems and network, or the Services.
2. You may not attempt to interfere with any other person’s use of the Services.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
6. You may not attempt to charge others to use the Services either directly or indirectly.
7. You may not use the Services to participate in pyramid schemes or chain letters.
8. You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
9. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
10. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
11. You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
12. You may not use the Services to download any material sent by another user of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
13. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
14. You may not use the Services to harvest or otherwise collect information about others, including e-mail addresses.
15. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, reproduce, or reverse engineer any information or software used or provided by The Whimsical Ewe in connection with The Whimsical Ewe Site or Services, or any component of the Site itself or derivative works with respect thereto.
16. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of The Whimsical Ewe. Use of the Services on the Site as well as use of the Services on any desktop application will be applied toward such bandwidth usage.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of The Whimsical Ewe. The Whimsical Ewe reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit The Whimsical Ewe’s response to a future complaint. You acknowledge and agree that The Whimsical Ewe shall not assume or have any liability for any action or inaction by The Whimsical Ewe with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
E. INTELLECTUAL PROPERTY RIGHTS AND NOTICES
Except for the licenses granted herein, you have no right, title or interest in or to The Whimsical Ewe Services or any content. You agree that The Whimsical Ewe or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to The Whimsical Ewe service and content, including, without limitation, text, images, and other multimedia data. You agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by The Whimsical Ewe, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent.
All contents of The Whimsical Ewe’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, files, and their selection and arrangement (“Content”) are: Copyright © 2022 The Whimsical Ewe, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third-party Web site or other networked computer environment) without the express prior written consent of The Whimsical Ewe and/or its suppliers, affiliates, or licensors. All rights reserved.
The Whimsical Ewe and The Whimsical Ewe logo are including without limitation, either trademarks, service marks or registered trademarks of The Whimsical Ewe, and may not be copied, imitated, or used, in whole or in part, without The Whimsical Ewe’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
The Whimsical Ewe may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
F. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Whimsical Ewe respects copyright law and expects Users to do the same. The Whimsical Ewe expressly prohibits the use of its Services for the illegal transmission of copyrighted material and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, The Whimsical Ewe may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Whimsical Ewe’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Whimsical Ewe’s Agents can be reached by using our site’s contact page.
G. THIRD PARTY CONTENT, SITES AND SERVICES
All transactions using The Whimsical Ewe’s services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. However, The Whimsical Ewe is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third-party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. The Whimsical Ewe shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
H. PRIVACY
The Whimsical Ewe has established a Privacy Policy to explain to Users how their information is collected and used, which you can read on our Site. Your use of the Services signifies acknowledgment of and agreement to The Whimsical Ewe Privacy Policy. You further acknowledge and agree that The Whimsical Ewe may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of The Whimsical Ewe, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.
I. The Whimsical Ewe MAKES NO WARRANTIES
The Whimsical Ewe is in no way liable for loss of customer data. Under no circumstances will The Whimsical Ewe be held accountable for any loss of customer data. By becoming a The Whimsical Ewe user, you, the customer, acknowledge that you forfeit the right to hold The Whimsical Ewe accountable for any and all technical errors, including loss of user data (customer data).
The Whimsical Ewe does not guarantee length of service.
The Whimsical Ewe intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, The Whimsical Ewe may make changes and improvements to the information provided herein at any time. The Whimsical Ewe PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Whimsical Ewe, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “The Whimsical Ewe PARTY,” AND COLLECTIVELY, THE “The Whimsical Ewe PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. The Whimsical Ewe PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
J. LIMITATIONS OF LIABILITY
IN NO EVENT WILL ANY The Whimsical Ewe PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH The Whimsical Ewe PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION J IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY The Whimsical Ewe PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, The Whimsical Ewe is found responsible to any The Whimsical Ewe User for any reason whatsoever, The Whimsical Ewe’s responsibility shall be limited to the amounts actually paid by such user for The Whimsical Ewe’s services and shall not include punitive damages or consequential or resulting damages of any nature.
K. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS H AND I, The Whimsical Ewe PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD-PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS G AND H, The Whimsical Ewe IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
L. INDEMNIFICATION
You agree to indemnify, defend and hold harmless, The Whimsical Ewe, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. The Whimsical Ewe reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with The Whimsical Ewe in asserting any available defenses.
M. TERMINATION OF SERVICE
The Whimsical Ewe reserves the right to terminate without notice your password, account or use of The Whimsical Ewe Services and delete any data within The Whimsical Ewe service, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to The Whimsical Ewe at any time. Upon termination by The Whimsical Ewe or at your direction, you may request a file of your data, which The Whimsical Ewe will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON The Whimsical Ewe’s SYSTEMS MAY NOT BE RETRIEVED, and The Whimsical Ewe shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
N. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arkansas, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with The Whimsical Ewe or relating in any way to your use of the Services resides in the courts of Arkansas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Arkansas in connection with any such dispute including any claim involving The Whimsical Ewe or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
O. EUROPEAN USERS
By using the The Whimsical Ewe Services, Users in the European Union understand and consent to the processing of personal information in the United States.
P. NOTICES TO The Whimsical Ewe
You may notify us by e-mail at [email protected].
Q. OTHER TERMS
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
R. MISCELLANEOUS
The Whimsical Ewe may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of The Whimsical Ewe to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
S. COPYRIGHT COMPLAINTS AND REMOVAL POLICY
The Whimsical Ewe provides services that permit registered users of The Whimsical Ewe Web site (“Users”) to store content on the Web. The Whimsical Ewe does not tolerate infringing material on its equipment or network and may remove content that appears to infringe any copyright or other intellectual property rights or otherwise violates The Whimsical Ewe’s Terms of Use, found on The Whimsical Ewe Web site (https://thewhimsicalewe.com).
If you believe that your copyright in any material has been infringed on a site hosted on The Whimsical Ewe’s equipment or through its services, please send a “DMCA Notice” (described below) to The Whimsical Ewe’s Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512 et seq.
Federal law requires your DMCA Notice to include the following information:
Identification of the copyrighted work that you claim has been infringed; Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it; Your address, telephone number, and e-mail address; A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and your physical or electronic signature.
To submit a notice of claims of copyright infringement online, please visit our contact page and fill out the form.
Please note that The Whimsical Ewe, in its sole discretion, may terminate the account of any User about whom The Whimsical Ewe receives more than one complaint of copyright infringement.
If you have any questions about this policy, please contact The Whimsical Ewe at [email protected].