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WELL TOLD PRIVACY POLICY
Welcome to the welltolddesign.com website (the “Site”), which is owned and operated by UCG Ventures, LLC, d/b/a Well Told (“Well Told,” “we,” or “us”). Well Told has a firm commitment to your privacy, and this Privacy Policy describes how Well Told may collect, use, protect, and disclose information gathered from your use of the Site.
Please read this Privacy Policy carefully. By using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Privacy Policy and consent to Well Told’s collection and use of personally identifiable information (“Personal Information”) and other information as set forth herein. If you do not consent to the terms of this Privacy Policy, you should not access or use the Site in any way and should immediately exit the Site.
COLLECTION OF INFORMATION
Personal Information: We collect certain Personal Information that you provide when you use the Site to place an order, and when you subscribe to our emails and text messages. This information may include but is not limited to:
Use Data: In addition to Personal Information that you provide, we also automatically collect Use Data when you visit the Site. This may include but is not limited to your device type, device’s IP address, unique device IDs, geolocation, internet service provider, browser type, browser version, the pages or products you view, the time spent on those pages, referring pages and search terms, date and time stamps, and other site visitation data. Use Data is collected on an aggregate basis and does not consist of any Personal Information.
Weld Told uses the following technologies to collect Use Data:
USE OF INFORMATION
We do not resell or distribute your Personal Information without your express permission. We use your Personal Information to understand your needs and provide you with a better service, and in particular for the following reasons:
We use the Use Data that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to monitor, administer, improve and optimize the 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). We also use the Use Data that we collect to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
SUBSCRIBING TO EMAILCORRESPONDENCE
If you provide us with your email address, you authorize us to send you regular emails unless and until you request to unsubscribe from such emails. These emails may include order-related messages, customer surveys, marketing communications, and information about changes to the Site. Each email we send contains an easy, automated way for you to unsubscribe from further emails from us. Select the "unsubscribe" link in the footer of an email from us and follow the directions to communicate your preferences to us.
SUBSCRIBING TO TEXT MESSAGING
We may send you text messages, including marketing messages, that you have consented to receive. You can cancel text messages at any time by texting "STOP". After you send "STOP", we may send you an additional text message to confirm that you have been unsubscribed. After receiving the unsubscribe confirmation, you will no longer receive text messages from that text list, but you may still receive text messages from our other text lists if you have subscribed to them. If at any time you have questions about the text messages, text "HELP". After you send "HELP" we will respond with instructions on how to use our service as well as how to unsubscribe. Message and data rates may apply.
SHARING YOUR PERSONAL INFORMATION
Service Providers:We engage certain trusted third parties to perform functions and provide services to us. For example, our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy
We may also engage certain other trusted third parties to perform functions and provide services to us, including without limitation, order fulfillment and logistics services, customer service, hosting and maintenance, database storage and management, data analysis, and legal, accounting, and marketing services, including email and text message marketing. We may share your Personal Information or Use Data with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring third parties to maintain the privacy and security of your data.
Other Third Parties: We also may share, disclose, or transfer your Personal Information or Use Data with third parties as follows: (a) to government agencies, advisors and other third parties, where necessary and appropriate, in order to comply with applicable laws, the service of legal process, or if we reasonably believe that such action is necessary to (i) comply with the law requiring such disclosure, (ii) protect Well Told’s rights or property, (iii) prevent a crime or protect national security or (iv) protect the personal safety of the users or the public; (b) if we believe your actions violate our Terms of Service or other policies; or (c) in connection with a financing or a sale, acquisition or merger of our business or our business assets. We may also share with others aggregated or anonymized information that does not directly identify you.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
THIRD PARTY WEBSITES
The Site may contain links to other third-party websites that are not operated by us. Please note that this Privacy Policy applies only to the Site, and not to third-party websites to which the Site links. Well Told is not responsible for the practices (including privacy policies) employed by the third-party websites linked to or from the Site nor the information or content contained therein. We are not responsible for the protection and privacy of any information which you provide while visiting other sites and such sites are not governed by this privacy statement. Upon following these links, you are subject to the privacy policies of the other websites, over which Well Told has no control. We strongly advise you to review the Privacy Policy of every site you visit.
SECURITY
Well Told uses reasonable care to protect the privacy and security of Personal Information and to ensure that our systems are secure and meet industry standards. Our store is hosted on Shopify Inc. Shopify holds several industry-standard security certifications including Payment Card Industry Data Security Standard (“PCI DSS”), ISO 27001 and SOC 3. However, no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
UNAUTHORIZED USE
Unauthorized attempts to use the Site in a way that violates our Terms of Service, to utilize the Site for other than its intended purposes, or to defeat or circumvent the Site’s security features are strictly prohibited.
Children’s Privacy
This site is not intended for children under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are under 13 years old, please do not provide any information on this website.
UPDATES TO THIS PRIVACY POLICY
We may amend, update or modify the terms of this Privacy Policy at any time, by posting an amended Privacy Policy on the Site or by emailing you with the modified Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page. If you do not consent to the terms of this Privacy Policy, as amended, you should not access or use the Site in any way and should immediately exit the Site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Privacy Policy.
Contact Us
If you have any questions about this Privacy Policy, you can contact us via email at help@welltolddesign.com.
Last updated: July 13, 2021
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WELL TOLDTERMS OF SERVICE
Welcome to the https://welltolddesign.com/ website (the “Site”), which is owned and operated by UCG Ventures, LLC (d/b/a Well Told) (“we”, “us”, or “Well Told”). These Terms of Service (these “Terms”) set forth the mutual agreement between Well Told and you as to your rights and responsibilities when you access or use the Site.
Please read these Terms carefully before using the Site. By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy , which is incorporated herein by reference. If you do not agree to any of these Terms, or any of the terms and conditions in the Privacy Policy, you should not access or use the Site in any way and should immediately exit the Site. You must be at least 13 years old to use the Site. If you are under 13 years of age, you are not authorized by us to use the Site.
Well Told may amend, update or modify these Terms at any time, by posting amended Terms on the Site. If you do not consent to these Terms, as amended, you should not access or use the Site in any way and should immediately exit the Site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms. You can review the most current version of these Terms at any time on the Site.
The Site may contain links to third-party websites not owned by Well Told. Well Told has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the Site, you expressly release Well Told from any and all liability arising from your use of any third-party website.
In order to access certain features of the Site, including your purchase history, you will have to create an account by providing your email address and creating a password. You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify Well Told immediately and change your password.
WELL TOLD GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND MAKE PERSONAL USE OF Well Told’s services made available through the Site (collectively, the “Services”), as well as the Well Told Content (as defined below), PURSUANT TO THESE TERMS. This license is personal to you and may not be assigned or sublicensed to anyone else. You may only use the Services and Well Told Content for personal, non-commercial use as intended and permitted under these Terms and may not use the Services or Well Told Content for any other purpose. This license does not include any resale or commercial use of the Site or its Contents (as defined below), any derivative use of the Site or its Contents, or any use of data mining, robots, or similar data gathering and extraction tools. You agree that you will not reproduce, redistribute, duplicate, copy, sell, transfer, create derivative works from, decompile, reverse engineer, alter, adapt, disassemble, or otherwise exploit the Site. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site. All rights not expressly granted by Well Told herein are reserved.
As used throughout these Terms, “Content” includes photos, images, audio, videos, text and other materials of any and every type in all forms and mediums.
Well Told Content. Well Told, and its licensors and vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by Well Told and appearing on the Site (“Well Told Content”), including without limitation the Products (as defined below). All right, title and interest in and to the Well Told Content remains with Well Told at all times. You may access the Well Told Content for your information and personal use solely as intended and permitted under these Terms. Any use of the Well Told Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. You shall not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Well Told Content for any other purposes without the prior written consent of Well Told. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or purchasing products with the intent to copy Well Told Content. All trademarks, including service marks and logos, appearing on the Site are owned, controlled, or licensed by Well Told and are protected by trademark law, whether registered or unregistered. Well Told’s trademarks and trade dress may not be used in connection with any product or service that is not Well Told’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Well Told.
Licenses Granted By You. Subject to the license granted herein, you retain all of your ownership rights in your Content. By submitting any Content through the Site, you grant Well Told and its successors, assigns and affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, sublicense, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with the Site and our business, including by way of example, for promoting the Site.
Your Representations and Warranties. For each piece of Content that you submit, you represent and warrant that: (a) you have the right to submit to or otherwise post the Content on the Site; (b) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (c) you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and grant the licenses contained herein; and (d) the Content complies with these Terms and all applicable laws.
Acknowledgements. You acknowledge and agree as follows:
In accessing or using the Site, you agree that you will not:
Well Told has the right, but not the obligation, to monitor all conduct on and Content submitted to the Site. Failure to comply with any of the above conduct requirements will constitute a violation of these Terms and, in addition to any other rights or remedies we may have, Well Told may immediately terminate your access to and use of the Site or remove any Content that you submit, upload or display. Well Told also has the right to reject any order that Well Told, in its sole discretion, deems inappropriate for production, including designs or text that violate these Terms.
Termination for Cause. Well Told may terminate, suspend or disable your access and use of the Site (or any part thereof) or delete your account, or block or remove any Content you submit if Well Told determines, in its sole discretion, that you have violated any provision of these Terms. Well Told reserves the right to determine whether Content violates these Terms. If Well Told deletes your account for any of the reasons set forth herein, you may not re-register to use the Site. Well Told may block your email address and Internet protocol address to prevent further use or account registration. If you believe that Well Told has suspended or terminated your account in error, you may contact us at help@welltolddesign.com at any time.
Effect ofTermination. Upon termination, all licenses granted by Well Told will terminate automatically and immediately. Sections 4, 6, and 9 through 12 of these Terms shall survive termination. In the event of an account deletion for any reason, Content that you submitted may no longer be available. Well Told is not responsible for the loss of such Content.
Notifications of Claimed Infringement. While we are not obligated to review submissions for copyright infringement, we are committed to respecting copyrights and the other intellectual property of others. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
Counter-Notifications. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the necessary authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the Content, you may send us a counter-notification. DMCA notifications and counter-notifications must meet the then statutory requirements imposed by the DMCA (see 17 U.S.C 512(g)(3) or http://copyright.gov for more information).
Copyright Agent. Notifications and counter-notifications, as described herein, should be sent to: help@welltolddesign.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notification may not be valid.
The products that we sell through the Site (“Products”) are subject to return or exchange only according to our Refund Policy, the terms of which are incorporated herein. We have made every effort to display as accurately as possible the colors and images of the Products. We cannot guarantee that your computer monitor's display of any color will be accurate. 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.
We reserve the right, but are not obligated, to limit the sales of the Products or Services to any person, geographic region or jurisdiction. We also reserve the right to (a) discontinue any Product at any time, (b) refuse any order placed with us (including custom orders), and (c) limit the quantities of any Products or Services that we offer. We may exercise these rights on a case-by-case basis, in our sole discretion. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. The pricing and descriptions of the Products are subject to change at any time without notice, at our sole discretion. Any offer for any Product or Service made on this site is void where prohibited. 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. By purchasing any customized product through the Site, you represent and warrant that your requested design does not violate anyone’s rights, including copyrights, trademarks, trade secrets, privacy or other rights, or otherwise violate these Terms.
You agree to provide current, complete and accurate payment and account information for all purchases made through the Site. You agree to promptly update your payment and account information, including your email address, so that we can complete your transactions and contact you as needed.
Well Told reserves the right to modify or discontinue the Site at any time. The Site and all Well Told Content is provided by Well Told “AS IS” and on an “as available” basis. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Well Told and its suppliers. Accordingly, Well Told assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
To the full extent permissible by applicable law, Well Told expressly disclaims any and all warranties of any kind, whether express or implied, STATUTORY OR OTHERWISE, in connection with the SITE, THE CONTENT, AND YOUR USE OF THE SITE, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third parties’ rights, and any other warranty that might arise under any law.
Without limiting the foregoing, Well Told expressly disclaims, and assumes no liability or responsibility for, any: (a) errors, omissions, or inaccuracies of the Content; (b) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Site; (c) unauthorized access to or use of the Site or any Content; (d) interruption or cessation of transmission to or from the Site; (e) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site; (f) modifications to the Site, price changes, suspension or discontinuance of the Services; (g) Content submitted by any user; or (h) loss or damage of any kind incurred as a result of the use of the Site or any Content posted, transmitted, or otherwise made available through the Site, including any loss of your Content.
Well Told does not endorse, guarantee or assume responsibility for any Content, product or service posted, advertised or offered by any third party on or through the Site, and Well Told will not be a party to, or be responsible for monitoring, any transaction between you and any third-party provider of products or services.
To the fullest extent permitted by law, Well Told will not be liable to you for any damages (including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from (a) the use of or inability to use the Site or the Content; (b) errors, omissions, or inaccuracies of the Content; (c) tangible or intangible property damage or loss of any nature whatsoever resulting from your access to and use of the Site; (d) any unauthorized access to or use of our servers or any and all personal information stored on such servers; (e) any interruption or cessation of transmission to or from the Site; (f) any bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site; (g) any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted or otherwise made available through the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Well Told has been advised of the possibility of such damages. Without limiting the foregoing, in no event shall Well Told be liable for damages incurred by you exceeding U.S. $1,000 irrespective of fault or negligence. In consideration of your use of the Site you hereby waive and release Well Told from any such claim for damages. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and you are limited to those remedies expressly provided for in these Terms.
To the extent permitted by applicable law, you agree to defend and indemnify Well Told and its respective affiliates, members, managers, officers, employees, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees, arising from or relating to: (a) your access to or use of the Site; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy or publicity right; or (d) any claim that your Content caused damage, harm or loss to a third party. The foregoing obligations shall survive these Terms and any termination of your use of the Site.
Applicable Law; Venue. By using the Site, you agree that the laws of the Commonwealth of Massachusetts will govern these Terms, without regard to principles of conflicts of law. Any dispute relating in any way to your use of the Site shall be adjudicated in any State or Federal Court in Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.
Entire Agreement. These Terms, including the Privacy Policy, and any other legal notices or other policies published by us on the Site constitute the entire agreement between you and Well Told with respect to the Site and Content.
Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Well Told’s prior written consent. Well Told may assign these Terms without restriction.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Electronic Communication.When you use the Site or send email to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you have any questions, please contact us via email at help@welltolddesign.com.
Last Revised: July 13, 2021
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