Terms of Use

Online Privacy Policy

Definitions

“Website” or “Site” refers to the website available at clingers.com. “Access” means viewing or otherwise obtaining information located on clingers.com. “Agreement” refers to these Terms of Use and any subsequent modification. “Personal Information” refers to User information voluntarily submitted to All Things Cling Ltd. by User such as name, address, city, state, zip code, telephone number, e-mail address, and credit card number. User refers to any person or persons interacting with clingers.com

Acceptance of Terms

Please carefully read the following Terms of Use and Disclaimer before using this Site. By accessing the Site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement.

All Things Cling Ltd. reserves the right to modify these Terms of Use at any time without notice to user, including imposing a fee to access certain materials contained on the Site. Any change in these Terms of Use is effective immediately upon User’s receipt of notice from All Things Cling Ltd. Notice can be given through e-mail, posting on the Site or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms of Use. All Things Cling Ltd. reserves the right to monitor use of the Site.

All Things Cling Ltd. has the exclusive right to control accessibility, hours of use, features on the Site and any other information found on the Site. All Things Cling Ltd. may restrict access to any or all portions of the Site or remove any information or content from the Site at any time. All Things Cling Ltd. reserves the right to terminate this Site at any time without prior notice.

User is solely responsible for providing the equipment related to accessing the Site, including all computer, remote communications equipment, telephone or other equipment.

License to Use and Access the Site

All Things Cling Ltd. grants You a limited, revocable, nonexclusive license to access and make personal use of this site as a customer of All Things Cling Ltd. subject to these Terms of Use.

Copyrights and Trademarks

All Things Cling Ltd. shall retain all worldwide rights in the intellectual property of this Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Site is copyrighted or otherwise protected and owned by All Things Cling Ltd. or a third party who licensed the right to use such content to All Things Cling Ltd. Unless otherwise expressly noted, nothing that You read or see on the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of All Things Cling Ltd. except as provided in this Agreement. Users may not:

1. alter the Site content in any way;
2. use the Site content for any public display (commercial or noncommercial) or for any commercial purpose other than for Your personal purposes;
3. remove any copyright, trademark or other proprietary notations from the materials;
4. transfer the Site content to another person, “frame” or “in-line link” the Site content, “deep link” to the Site content, or “mirror” the Site content on any other server;
5. copy or modify, redistribute, republish, upload, adapt or re-use any of the text, graphics, or other the Site content or any of the source code or HTML code All Things Cling Ltd. uses to generate its Site without prior written permission; or
6. engage in any other conduct which violates U.S. or international copyright laws.

Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

• Use any device or other means to harvest information about other Users.
• Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
• Transmit, install, upload or otherwise transfer any virus or other item to the Site that in any way affects the use, enjoyment or service of any User’s or All Things Cling Ltd. computers or other medium used to access the Site.
• Post or submit any material on the Site that is offensive to any other User. All Things Cling Ltd. maintains the exclusive right to determine what is offensive.
• Post or store on the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
• Modify the information, including headers, found on this Site.
• Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication.
• Engage in any action which All Things Cling Ltd. determines is detrimental to the use and enjoyment of this Site.
• Use the Site for any unlawful or defamatory means.
• Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

Security

Users are prohibited from violating or attempting to violate the security of the Site. All Things Cling Ltd. will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users may choose to enter a username and password to access certain information on the Site or collected previously by All Things Cling Ltd. In order to protect against unauthorized access to Your account, it is recommended that You close the browser when You have finished using the Site.

Disclaimer and Limitation of Liability

Although All Things Cling Ltd. attempts to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS Site AT HIS OR HER OWN RISK. THE Site IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER All Things Cling Ltd. NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF All Things Cling Ltd., COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. All Things Cling Ltd. IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

IN NO EVENT WILL All Things Cling Ltd. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

IN NO EVENT WILL All Things Cling Ltd. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

Third Party Content

All Things Cling Ltd. is not the publisher or speaker of any information on the Site that is provided by third party content providers, and All Things Cling Ltd. is not liable for any claims related to such information. Any mention in the Site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by All Things Cling Ltd. All Things Cling Ltd. assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the Site are solely between such Users and such third parties, and are subject to any terms, conditions, warranties or representations associated with such dealings.

All Things Cling Ltd. MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS Site THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER Site. ADDITIONALLY, All Things Cling Ltd. DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY Site WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS Site.

Indemnification

User agrees to defend, indemnify and otherwise hold harmless All Things Cling Ltd. and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the Site.

Termination of Agreement

Either All Things Cling Ltd. or User may terminate this Agreement at its discretion. In addition to All Things Cling Ltd.’s other rights, All Things Cling Ltd. may terminate access to this Site or cancel membership to any service that All Things Cling Ltd. provides on the Site, if User breaches this Agreement in any way or engages in conduct that All Things Cling Ltd. deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 2, 3, 4, 5, 6, 7 and 9 shall survive.

Links

Links to this Site are welcome, provided that such link is to the home page only. This Site may contain links to other third party Web sites. All Things Cling Ltd. does not assume any responsibility for these Web sites and provides these links solely for the convenience of Users. All Things Cling Ltd. does not endorse or otherwise recommend any of these third party websites or the products or services there offered. All Things Cling Ltd. reserves the right to terminate any link found on the Site at any time.

Copyright and Intellectual Property Enforcement

All Things Cling Ltd. honors the intellectual property rights of others and asks the same of Users of the Site. All Things Cling Ltd. may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your rights been infringed, please complete a Notice of Alleged Infringement and submit it to All Things Cling Ltd. for consideration.

Product Information and Descriptions

Most products displayed on this Site are available while supplies last and All Things Cling Ltd. cannot guarantee that any product displayed on the Site is available at the time it is displayed. Prices quoted on the Site are in U.S. dollars and are valid and effective only in the United States and Canada. All Things Cling Ltd. attempts to accurately describe all products displayed on this Site. However, All Things Cling Ltd. does not warrant that product descriptions or any other content of this site are accurate, complete, reliable, current, or error-free. If You purchase a product offered by All Things Cling Ltd. and it is not as described, Your sole remedy is to return it in unused condition for a refund or credit.

Risk of Loss or Damage

Any purchases from All Things Cling Ltd. are made pursuant to a shipment contract. This means that the risk of loss, damage and title for any products purchased pass to You upon our delivery of the products to the carrier. We guarantee the product to be in pristine shape when given to the carrier. Any damage or loss occurred during shipping must be resolved with the carrier. All Things Cling Ltd. will not be liable.

All orders are subject to the terms and conditions of the chosen carrier, i.e. DHL, FedEx, UPS and/or USPS. The Terms and Conditions of the carrier becomes applicable with the waybill or processing of the shipment.

Order Processing & Delivery Expectations

Depending on the combination of items you order, the order processing time will vary. Note that orders are shipped/delivered only Monday –Friday. Delivery estimates do not include weekends.

In the event that an item is temporarily out of stock or on backorder, we may hold the rest of your items until the item is restocked. As soon as it arrives in our warehouse, we will ship your entire order to you in one shipment.

Any time estimates given are to be considered estimates only and may change without notice.

International orders are handled on a “per order” basis and delivery time may vary greatly.

Average time of shipping/delivery - Approximately 10 business days for order processing and delivery. (US Only).

Miscellaneous

These Terms of Use constitute the entire agreement between All Things Cling Ltd. and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between All Things Cling Ltd. and User dealing with the subject matter hereof is superseded. If any portion of this agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of this Agreement, All Things Cling Ltd. may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. All Things Cling Ltd.’s remedies are cumulative and not exclusive. Failure of All Things Cling Ltd. to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. All Things Cling Ltd. makes no representation that the content of the Site is appropriate or available for use in all locations. Users of this Site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement or related to User Personal Information shall be governed by the laws of the Province of Ontario, Canada, notwithstanding any conflicts of law principles. Any action relating to this Agreement or relating to User Personal Information must be filed and maintained in a provincial or federal court located in the Province of Ontario, Canada, and each User consents to exclusive jurisdiction and venue in such courts for such purpose.

Privacy Statements

Information Collection: Information You Provide Us
All Things Cling Ltd. values your trust. All of our employees are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You choose to provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account or purchase products. An example of the type of information we collect is: name, address, city, state, zip code, telephone number, e-mail address, and credit card number. We take reasonable steps to ensure that personal information is accurate, complete, and current. We use personal information internally in order to improve our User’s shopping experience and to inform customers about our products, services, offers, and promotions. We do not rent, sell, or exchange information about Site visitors. Except for reasons stated in this Policy, we restrict access to Personal Information to qualified All Things Cling Ltd. employees and other necessary third parties. Third parties who need access to All Things Cling Ltd. visitor information in order to provide operational or other support services are required by All Things Cling Ltd. to comply with our high standards of security. We gather only the visitor information that is needed to administer our business and enhance and improve our Site.

Users may opt to: have All Things Cling Ltd. remove any of User’s Personal Information stored on our database; access All Things Cling Ltd. gathered personal information concerning the User; not receive future communications from All Things Cling Ltd. at any time; rectify and update any information gathered by All Things Cling Ltd., by sending such requests in writing to the contact information listed below.

All Things Cling Ltd. has implemented a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. We may also share your information with third parties in the following circumstances and for the following reasons:

A. Service Providers. The information we have obtained through this process may be used by All Things Cling Ltd., as well as by providers of related services, in connection with processing your order. We may use contact information collected to send the User information about us and/or when otherwise necessary. Such information may also be used to obtain feedback regarding our services so that we can continue to improve the quality of our services. All Things Cling Ltd. may employ third party service providers to perform some of these functions on our behalf. These providers have access to Personal Information needed to perform their functions, but may not use it for other purposes.
B. Protection of All Things Cling Ltd. and Others. All Things Cling Ltd. may release Personal Information when it is believed release is appropriate to comply with the law; enforce or apply this Agreement and other agreements; or protect the rights, property, or safety of All Things Cling Ltd., our Users, or others. However, this does not include selling, sharing, or otherwise disclosing personally identifiable information from Users for commercial purposes in violation of the commitments set forth in this Agreement.
C. Other. The information we collect will be maintained in a file that we may need to review in a variety of other circumstances, such as enforcing our Terms of Use for Users, analyzing and understanding our customers and their needs, and for the administration and provision of our goods and services.
D. With Your Consent. Other than as set out above, Users will receive notice when information about You might be shared with third parties, and You will have an opportunity to choose not to share the information. For example, All Things Cling Ltd. might offer Users the opportunity to take advantage of a promotion that requires us to share information with a third party. If You do not want Your information to be shared, You may choose not to provide the information.

As a User of our Site and services, You consent to the aforementioned uses of such information and the provision of information to service providers that facilitate the services, all in accordance with this Privacy Policy.

Information Collection: Cookies

Cookies are small data files that are often stored on Your computer each time You visit a new Web site. All Things Cling Ltd. uses cookies to help personalize Your experience when visiting All Things Cling Ltd. These cookies also help to uniquely identify Users’ computers for security purposes. These cookies do not contain personally identifiable information. You may opt to set Your browser to refuse cookies. However, refusal of cookies may affect Your experience at many Web sites including this Site.

Use of the Site limited to the United States and Canada

Currently, All Things Cling Ltd.’s products are only available to those Users in the United States and Canada. All Things Cling Ltd. intends for only these Users to submit personally identifying information. Please do not submit any information unless You are domiciled, and desire to do business, within the United States and Canada. If All Things Cling Ltd. becomes aware of the submission of information from any other User, All Things Cling Ltd. will not use or disclose that individual’s information for any purpose unless required to do so by law.

Use of the Site by Children

All Things Cling Ltd. understands and shares Your concerns regarding access to the Internet by children. Consistent with the Children’s Online Privacy Protection Act, All Things Cling Ltd. does not knowingly request or accept information submitted to this Site by any visitor under 13 years of age. If All Things Cling Ltd. become aware that an individual under 13 has provided information to us through this Site, we will not use or disclose that individual’s information for any purpose unless required to do so by law.

Information Collection: Automatic Retrieval of Information

All Things Cling Ltd. uses certain electronic tools to capture the type of browser and operating system being used. This information is only for use by All Things Cling Ltd. to understand User behavior, which helps to improve Site quality and functionality.

Third Party Privacy Policies

All Things Cling Ltd. is not responsible for the privacy policies and practices of any third party to which we may provide links from our Site or that provides links to our Site. All Things Cling Ltd. does not have control over the privacy policies applied by any other party that You may disclose information. If You would like information on any other party’s privacy policy, You should contact that party directly.