Terms of Service

 

Refunds & Returns 

RETURNS

We are sorry, we are not accepting returns at this time.

REFUNDS

At this time we are not providing refunds for any product or service.  If you are unsatisfied with your product please contact support@petalfox.com within three (3) days of receiving your order including an overview of why you’re dissatisfied, your order number and any relevant photos.  We will send replacement shipments for the following reasons: your shipment never arrived, it arrived damaged or the product was subpar.  If requesting a replacement shipment for any reason related to damaged or subpar product, clear photos must be provided with your request.  


Our team will review your request and will work to make sure you’re happy with the final solution, we will notify you of the approval or rejection of your request.  If approved, a replacement shipment will be sent to you within 3 - 5 business days.  Once shipped, you will receive an email confirmation with tracking information.  

EXCHANGES

We only replace items if they are defective or damaged.  If you feel your product is defective or damaged, follow the procedure detailed in the above REFUNDS section.  

TERMS OF SERVICE

OVERVIEW

This website is operated by Petalfox, Inc. (“Petalfox”). Throughout the site, the terms “we”, “us” and “our” refer to Petalfox. Petalfox offers this website, www.petalfox.com (referred to herein as this “website” or “site”), 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” or “Services” and agree to be bound by these terms of service (“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 these Terms of Service, 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 sole discretion, to update, change 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 or the Service following the posting of any changes constitutes acceptance of those changes.

 

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 applicable laws (including but not limited to copyright laws).

A breach or violation of any of the Terms may result in an immediate termination of your access to the Services (as determined in our sole discretion).

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.

The headings used in these 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 timely 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.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

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 and are subject to return or exchange only according to our Refunds & Returns Policy, available at www.petalfox.com/terms/#returns-refunds (“Refunds & Returns Policy”), which is hereby incorporated into these Terms of Service.

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

In order to purchase our products or place orders with us, you may be required create an account by providing current, complete and accurate information as prompted by the online enrollment form and by selecting a password, the confidentiality of which shall be your responsibility. You agree to notify us immediately of any actual or suspected unauthorized use of your account, or any other breach of security.

When you make a purchase through the Service, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in U.S. dollars. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.

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.

For more detail, please review our Refunds & Returns Policy.

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.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not responsible or liable 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 review carefully the third-party'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.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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, and any other data, text or other information or content you create, upload store and/or transmit to this site or the Service (collectively, your “Content”), 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 Content 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 of your Content. Additionally, your Content will not contain a review or any portion thereof that you were paid to write either directly or indirectly, or, except as otherwise expressly permitted by us in writing, contain any advertising, promotional, solicitation or other commercial material. You are solely responsible for your Content, including its accuracy. We take no responsibility and assume no liability for any Content posted or otherwise provided by you or any third-party.

You retain your rights in your Content, subject to the rights granted below. You hereby grant and agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, transferable license, with the right to sublicense through multiple tiers, to copy, edit, modify, adapt, publish, transmit, distribute, prepare derivative works, perform, display, use, and otherwise exploit in any manner, your Content in connection with operation and promotion of the Service and this site and any other purposes reasonably related to the Service or this site or our business. To the extent reasonably necessary or appropriate to effect or support the license granted by you above, you hereby waive and agree to waive (or if not waivable, agree not to assert) any rights of privacy or publicity, or any moral rights or other similar rights, with respect to your Content.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, available at www.petalfox.com/terms/#privacy, which is hereby incorporated into these Terms of Service.

SECTION 11 - 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 and 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 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, this 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; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service or this site, or which, as we determine, may harm us or other users or expose them to liability. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – TEXT MESSAGING SERVICE

If you have signed up for our text messaging service and have agreed to receive text messages from us, you may opt-out at any time by texting [(424) 301-8283 or replying to any of our messages with the word “[STOP].” If you do so, you will no longer receive additional text messages from Petalfox unless you re-subscribe to our text messaging service.

SECTION 14 – INTELLECTUAL PROPERTY RIGHTS

This site, the Service and its entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Petalfox, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permits you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on this site or the Service, except as follows:

·     Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·     You may store files that are automatically cached by your web browser for display enhancement purposes.

·     You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

·     Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service.

·     Access or use for any commercial purposes any part of the Service or any products, services or materials available through the Service.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Petalfox.

SECTION 15 – TRADEMARKS

Petalfox, Petalfone,Petalphone, and all related names, logos, product and service names, designs and slogans are trademarks or registered trademarks of Petalfox, and may not be used without our prior written permission. All other names, logos, product and service names, designs and slogans on this site and the Service are the trademarks of their respective owners.

SECTION 16 - 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, WARRANTIES OR CONDITIONS OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE SERVICE OR OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.

IN NO CASE SHALL PETALFOX, 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 ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT DELIVERED THROUGH THE SERVICE, 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 17 - INDEMNIFICATION

You agree to indemnify Petalfox and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, agents and employees, from and against any claims, actions, proceedings, suits, liabilities, losses, damages, costs and expenses (collectively, “Claims”), including reasonable attorneys’ fees, arising out of or related to your use of the Service or breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. We reserve the right to assume the sole control of the defense and settlement of any Claim for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.

SECTION 18 - 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 19 - TERMINATION

Sections 8- 11 and 14-22, and the obligations and liabilities of the parties incurred prior to the termination date, shall survive the termination of these Terms of Service for all purposes.

These Terms of Service are effective unless and 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 Services, 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 also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or 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 21 - GOVERNING LAW; JURISDICTION

All matters relating to this site, the Service, 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 the State of California, USA, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms, this site or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@petalfox.com.

Effective Date of Terms of Service: February [11], 2019

Privacy

privacy statement

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This Privacy Policy (“Privacy Policy”) governs the manner in which Petalfox (“Petalfox,” “we,” “our,” “us” and similar terms) collects, uses, maintains and discloses information collected from users (a “user,” as well as “you,” “your” and similar terms) of our website, www.petalfox.comand our online store (the “Website”). We refer to all of the services and functionalities that we provide—including through our Website—as our “Services.”

Our Privacy Policy is incorporated as part of our Terms of Service, available at www.petalfox.com/terms/#web-terms-of-use(the “Terms of Service”). Please read this Privacy Policy and our Terms of Service carefully before using our Website or receiving our Services, and read them again when we notify you of changes to the Privacy Policy that may be made from time to time. By using the Website and receiving Services, you agree to the provisions of this Privacy Policy.

What Information Do We Collect, Where Do We Get It, How Is It Used?

We Collect Some Information From All Visitors to Our Website: Like many online services, we use technologies like session and persistent cookies, web beacons (tiny image files on web pages that communicate information about the page viewer to the beacon owner), log data, and third-party analytics services to collect and analyze information about all users of our Website or Services. This may include things like users’ search preferences, interaction with ads on our Website, and location.

Our servers automatically record information (“Log Data”) created by your use of the Website or Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our Website, sign into our Services, or interact with our email notifications. We use Log Data to provide our Services and to measure, customize, and improve them collect and use in the aggregate.

Cookies are small data files that we transfer to your computer. We use cookies to keep you logged in while you use our Services, to better understand how you interact with our Services, to monitor aggregate usage and web traffic information on our Services, and, if you create an account, to make your user experience consistent after you register. Most Internet browsers automatically accept cookies, but you can change your settings or use third-party tools to refuse cookies or prompt you before accepting cookies from the websites you visit. You can also use your browser settings or other tools to delete cookies you already have. Please be aware that some parts of our Services may not work for you if you disable cookies.

Information We Collect from Users with Petalfox Accounts: If you choose to create an account through the Website, we ask you to provide us with some limited personal information like your name and email address. We may use this information to contact you or share with third parties who may contact you about the services on our Website in which you have expressed interest, or to suggest Petalfox or other tools and services. If your browser permits the use of cookies, we will collect and store additional information using persistent cookies, as described above, and associate it with your account even if you are logged out.

User Profile

We store personally identifiable information that we collect, and log files to create a profile of our users. User profiles help us tailor visits to our Website and to direct pertinent, approved marketing promotions.

User Payment Information

When users purchase services on the Website, they may provide payment information (such as payment card number and expiration date). This information is used for one-time and recurring billing purposes according to the type of product ordered and the terms pertaining thereto, and to fulfill users’ orders. If we (or our payment processor) have trouble processing an order, personal information is used to contact the user. Payment card information is sent in encrypted format, as more fully detailed below (see “Security” below) and is used only to send to our payment card processor, for the purposes of collecting payment for Services rendered or to be rendered. We never make this information visible to anyone other than our payment card processor and never communicate it over a non-encrypted connection. The full payment card number is never seen by anyone inside our company, once entered and submitted, except by the payment card processor for the purposes of authorizing, clearing and reversing charges to your payment card.

How We Share Your Information

Personally Identifiable Information: We will only share your personally identifiable information according to the terms of this Privacy Policy.

Non-Personally Identifiable Information: In order to provide and improve our Services and to share relevant ads with you, we use and disclose to our advertising and analytics partners non-personally identifiable information that we collect, including cookie data, some log data, and mobile data. 

User-Generated Content: If you use our user-generated content services, like posting a question, answer or product review on this Website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums or anywhere on the Website.

We may post user content, including testimonials and reviews, on our Website. Some of it may contain personally identifiable information. 

Protecting Ourselves and Our Users

We may release personal information when we believe that doing so is appropriate to comply with a legitimate law, regulation, or legal request; to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property; to protect the safety of our users; to address fraud, security, or technical issues; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

User Communications

When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services. We may use your email address to communicate with you about services you offer or receive, or other business purposes.

Surveys

From time-to-time our Website may request information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Website and/or the Services and may be shared with the same types of service providers described in the Summary above.

Supplementation of Information

In order for the Website to properly function, it is necessary for us to supplement personally identifiable information we collect with information from certain third party sources, including Google Analytics and our payment card processor. You can opt-out of the Google Analytics Advertising Features you use, including through Ads Settings, Ad Settings for mobile apps, or other available means. You may wish to consider Google Analytics’ currently available opt-outs for the web, which can be found at https://tools.google.com/dlpage/gaoptout/. We may use third party services to process our users’ payment card transactions.

Additional Information Use

In addition to the above, we may use personally identifiable information we collect from you and your computer to:

  • Provide, maintain, protect, and improve our Services (including advertising services) and develop new services; and

  • Protect the rights or property of Petalfox or our users.

 

What Information Do We Disclose?

Aggregate Information (non-personally identifying)

We share aggregated demographic and security vulnerability information with our users, partners and advertisers. This is not linked to any personally identifiable information.

Information Sharing and Disclosure

We may share personally identifiable information from your profile with third parties, including but not limited to the following:

  • Such information is shared following receipt of a specific request and/or permission from users;

  • Such information is shared with our payment processor or other service providers who work with us (in order to facilitate our business) pursuant to an agreement which contains reasonably confidentiality arrangements;

  • Such information is shared in order to comply with or in accordance with any applicable law and/or court orders and/or in order to prevent suspected illegal acts, frauds, situations involving potential threats to the safety of any person, or as otherwise required by law;

  • Such information is shared in order to help Petalfox defend against claims and/or establish or exercise any legal right that we may have;

  • Such information is shared in order to help Petalfox prevent violations of the Terms of Service and this Privacy Policy or to otherwise protect the rights, property, or safety of Petalfox, or others, including exchanging information with third parties for fraud protection and credit risk reduction; or

  • Such information is shared with a successor to our business as a result of a merger, acquisition, asset sale or similar transaction.

 

General Matters

Emails: You can control whether you receive Petalfox’s newsletters or other emails by following the instructions at the end of each email we send. 

Text Messages: If you have signed up for our text messaging service and have agreed to receive text messages from us, you may opt-out at any time by texting 424-301-8283 or replying to any of our messages with the word “STOP.”  

Third-Party Websites: This Privacy Policy applies to our Services only. We do not exercise control over the sites displayed as search results, sites that include our applications, products or services, or links from within our various Services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

Our Website may contain links to other websites or mobile applications. When you click on one of these links, you are navigating to another website. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our Website and to read the privacy statements of each and every website that collects personally identifiable information. We do not accept liability for misuse of any information by any website controller to which we may link.

Customer Services Communications

We communicate with users on a regular basis via email to provide requested Services, offers, or information. In regards to issues relating to their account, we reply via email or phone.

Security

We take reasonable measures in order to safeguard users’ personally identifiable information.

Payment information (such as payment card number) and information about the security vulnerability of users’ websites is protected, by using Secure Sockets Layer (SSL) software, which encrypts the aforementioned information when viewed online.

While on a secured page, such as our order form, the lock icon on the bottom of web browsers such as Firefox, Safari and Chrome becomes locked, as opposed to un-locked, or open, when users are just surfing.

In addition, we limit access to personally identifiable information to employees who we believe reasonably need to receive such information to provide our Services or in order to do their jobs and take other precautions we deem reasonable to protect the security of users’ personally identifiable information.

However, users should be aware that we cannot fully guarantee the security of their personally identifiable information. As in many computer systems, internet applications and software programs, unauthorized use, failure of hardware or software, etc. may be injuriousness to the confidentiality of users’ personally identifiable information.

If users have any questions about security, please contact us at hello@petalfox.com.

Correcting/Updating/Deleting Personal Information

If a user’s personally identifiable information changes, or if a user no longer desires our Services, we provide a way to correct, update or delete users’ personally identifiable information. This can be done by emailing our customer support through hello@petalfox.com.

When a request for user deletion is received, we will make all reasonable efforts to purge said data from our systems. However, due to the nature of our service, some information may not be fully removed due to backups or archived copies. Nor can information that has already been shared be retrieved/destroyed.

Policy Changes

We may modify or amend this Privacy Policy to reflect changes to our information practices. If we make any change in how we use your personal information, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Location

Petalfox and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you choose to access the Website, you consent to the use and disclosure of information in accordance with this Privacy Policy and subject to such laws.

Use of Anonymous Information

We may use Anonymous Information (as defined below), or disclose it to third party service providers, to provide and improve the Website and our Services. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeting advertisements. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about use of the Website.

Children’s Privacy 

We do not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Website is directed at persons under 16. If you are under 16 years of age, then please do not use the Website. If we learn that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then we will take the appropriate steps to delete this information. To request the deletion of any such information, please contact us at hello@petalfox.com.

California Online Privacy Protection Act Notice

On September 27, 2013, California enacted A.B. 370, amending the California Online Privacy Protection Act to require website operators like us to disclose how we respond to “Do Not Track Signals”; and whether third parties collect personally identifiable information about users when they visit us.

We may track users over time and across third party websites to provide targeted advertising. In addition, some third party sites also track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, you may to set the Do Not Track Signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@petalfox.com. Please note that we are only required to respond to one request per customer each year.

Contact Information

If you have any questions or suggestions regarding our Privacy Policy, information use, collection, or security please contact us at please contact us at:

Petalfox, Inc.

215 Arena St

El Segundo, CA 90245-3806

hello@petalfox.com

Effective Date of Policy: February 11, 2019

User Generated Content Terms of Use

Petalfox, INC, formerly Petalfox, LLC (“Petalfox) reaches out to social media users to seek their permission for use of their contact on our sites, social channels and other marketing and promotional materials.

If you choose to allow us to use your User Generated Content (such as, but not limited to, text, photography, audiovisual work, illustration and graphic design, hereafter referred to as “UGC”) by replying with the hashtag #PetalfoxYes, you agree to these Terms of Use.  

Petalfox reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use document.  Each time you grant permission or authorize to feature your UGC, you should review the Terms of Use.

UGC License

You hereby grant to Petalfox and its related companies, affiliates, parents, subsidiaries, venture partners and agencies, successors and assigns, and each of their respective officers, directors, employees, agents and legal representatives, and those acting with authority or permission from any of them (collectively, “Licensees”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your UGC in any manner to be determined in the Licensees sole discretion, including but not limited to on webpages and social media pages operated by the Licensees, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensees may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your UGC in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensees the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice (collectively, “Likeness”), in connection with any use of your UGC.

By agreeing to the above, you represent and warrant that:

1)  You are not a minor.

2)  The UGC is original to you, and you are the sole owner, creator, inventor and/or author of the UGC.

4)  The use of the UGC by any of the Licensees (as defined below), in accordance with these terms and conditions, will not libel or defame any person nor infringe the rights of any third parties (including copyright, trademark, right of privacy, and right of publicity), and you have all rights and permissions necessary for the Licensees’ use of the UGC.

3)   You understand and agree that you will not receive any monetary compensation for use of the UGC and/or your Likeness as provided herein.

4) The UGC does not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these User Generated Content Terms of Use, the Website Terms of Use (if applicable), and the Petalfox Privacy Policy.