Welcome to the Cultured Owl website brought to you by Cultured Owl LLC (“Cultured Owl” or “us” or “we”). Cultured Owl offers products designed to help children grow into global citizens. These Terms of Service set out the terms of your use of the Cultured Owl website (the “Site”) and your purchase of Cultured Owl products, including Country Kits. Please review these terms carefully when browsing our Site or before purchasing products from us. If you have any questions about these Terms, our products, or about Cultured Owl, please contact us at email@example.com or 330-961-1296.
You are welcome to browse our Site without registering or purchasing a product and without providing any personal information to us. By using our Site, you agree to be bound by these Terms. However, if you wish to purchase products or become a Cultured Owl member, you will need to indicate your understanding and acceptance of these Terms by following the instructions on the Site. If you do not agree to these Terms, you will not be able to purchase our products or become a Cultured Owl member.
Modifications to Service:
Cultured Owl reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cultured Owl will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
General Practices Regarding Use and Storage:
You acknowledge that Cultured Owl may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that reviews, product designs, data, or other content will be retained by the Service and the maximum storage space that will be allotted on Cultured Owl’s servers on your behalf. You agree that Cultured Owl has no responsibility or liability for the deletion or failure to store any reviews, product designs, data, or other content maintained or transmitted by the Service. You acknowledge that Cultured Owl reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Cultured Owl reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
If you are under 13 years of age, you are not authorized to use the Service, with or without registering. You must be 18 years of age or over to purchase products through the Site. By providing information to us through the Site and agreeing to purchase a product, you agree that you are at least 18 years of age.
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Cultured Owl of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Cultured Owl will not be liable for any loss or damage arising from your failure to comply with this Section.
You are solely responsible for all blog comments, or posts, information, data, text, software, music, sound, graphics, video, messages, or other materials (“content”) that you upload, post, publish, or display (hereinafter, “post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Cultured Owl. Cultured Owl reserves the right to investigate and take appropriate legal action against anyone who, in Cultured Owl’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities.
You agree to not use the Service to:
To the extent you wish to make a purchase through Cultured Owl, you will be required to provide us information regarding your credit card or other payment instrument (such as PayPal), including personal and billing information, such as your name, mailing address and credit card information. If you order a Country Kit, we will also ask you for certain additional [optional] information regarding your child, such as the child’s name. This information will solely be used to ship the Country Kits directly to your child. You represent and warrant to Cultured Owl that such information is true and that you are authorized to use the payment instrument for the purchase. If you subscribe to the Service, you will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Cultured Owl the amount that is specified in the Service in accordance with these Terms of Service. You also agree to pay Cultured Owl the applicable taxes relating to purchases on our Site. All payments made are non-refundable. If you dispute any charges you must let Cultured Owl know within thirty (30) days after the date that Cultured Owl charges you. If you have paid for a Country Kit but did not receive it, please contact us at firstname.lastname@example.org. We reserve the right to change Cultured Owl’s prices. If Cultured Owl does, we will provide notice of the change on the Site or in email to you, at Cultured Owl’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. All orders are subject to our acceptance. We may refuse to accept any order, or any portion of an order, in our sole discretion, even if we have provided a confirmation of order.
CERTAIN PRODUCT DISCLAIMERS:
WARNING: CHOCKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, CULTURED OWL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS, OR COSTS ARISING FROM SUCH USE.
Products will be shipped via the shipping carrier of Cultured Owl’s choice. Any delivery dates provided by Cultured Owl are estimates. We reserve the right to make deliveries in installments. Cultured Owl will send you an email when your order has shipped and you may review your order and shipping information on your Account. Currently, we ship to the contiguous United States of America only. Products will be shipped to the address you enter when placing your order. Cultured Owl reserves the right to charge an additional $10 shipping fee if you request that any Products be reshipped, whether because you originally submitted an incorrect address when you placed your order with us or otherwise. Please be sure and review the shipping information you submit to ensure it is accurate.
Sweepstakes and Contests:
Cultured Owl may make available certain sweepstakes and contests on the Site. Your participation in any such sweepstakes and/or contest is subject to and governed by the applicable Official Rules as set forth on, or linked to, any specific landing page for each such sweepstakes or contest on the Site. All such sweepstakes and contest terms are hereby incorporated by reference into these Terms of Service.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
Intellectual Property Rights in the Site and Products:
Cultured Owl owns and retains all proprietary rights in the Site and the products, including without limitation, all content, logos, trademarks, service marks, graphics, sound, video, software, and other material therein (the “Content”) and all intellectual property rights associated with the Content. The Site is intended solely for personal noncommercial use. Except for that content which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, republish, mirror, frame, transmit, distribute, perform, display, sell, or otherwise make available to third parties the Site or any Content. Your use of this Site does not create any license or any other rights in Cultured Owl’s or any third party's copyrights, trademarks, or any other intellectual property or proprietary rights. All product names, logos, trademarks and service marks appearing on the Site, including Cultured Owl LLC, Cultured Owl, Country Kits, and the Cultured Owl logo are the registered or unregistered trademarks and property of Cultured Owl. Nothing in these Terms shall be construed to grant you any right or license to any of these names, logos, trademarks, or service marks without the prior written consent of Cultured Owl. All rights in and to the Site not expressly granted herein are reserved by Cultured Owl.
Any content, including text, video, audio, or pictures that you may provide to us, whether through the Site, email, our social networking sites, or otherwise, will remain your property. However, you agree that Cultured Owl shall have the irrevocable, perpetual right and license to copy, modify, transmit, post, distribute, display, and perform all such content for promotional and other purposes without attribution or consideration to you.
Information on the Site or any catalogs or listings of our products may contain errors, inaccuracies, omissions, or outdated information that may relate to our products, pricing, or availability. We may correct any errors, inaccuracies, or omissions or update information at any time without prior notice.
THE SITE AND ALL CONTENT AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” BASIS FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CULTURED OWL MAKES NO WARRANTIES REGARDING THE OPERATION OF THE SITE OR ITS CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, CULTURED OWL DISCLAIMS ALL WARRANTIES REGARDING THE SITE OR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation on Liability:
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL CULTURED OWL BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF USE, OR DAMAGE TO PROPERTY ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF CULTURED OWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CULTURED OWL'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CULTURED OWL FOR THE AFFECTED PRODUCT(S). Please see our Return Policy for more information.
Third Party Websites:
Occasionally, Cultured Owl may provide information or links to other websites, resources, or products (“Third Party Sites and Products”). Such information is provided only for your convenience. Cultured Owl does not qualify, endorse, investigate, or approve of any Third Party Sites and Products and is not responsible for the availability, security, safety, or quality of such Third Party Sites or Products. You are solely responsible for ensuring that such Third Party Sites and Products meet your needs. In no event will Cultured Owl be responsible or liable for any information, services, or products provided by such Third Party Sites or for their failure to provide any such information, services, or products to you. Cultured Owl has no control over, and assumes no responsibility for, the content, privacy policies, products, services, or practices of any Third Party Sites. You should review such site’s privacy and return/refund policies before providing any personal information or purchasing products or services from such sites. In addition, Cultured Owl will not and cannot censor or edit the content of any Third Party Site.
If there is any dispute about or involving the Site and/or any product you have purchased from us, by using the Site, you agree that the dispute will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Ohio.
You agree to indemnify and hold Cultured Owl, its subsidiaries, affiliates, and their respective officers, agents, representatives, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, due to or arising out of your use of the Site in violation of these Terms, your misuse of any product, and/or arising from a breach of these Terms.
Location of Site:
The Site is controlled and offered by Cultured Owl from the United States of America and all information is processed in the United States of America. Those who access or use the Site from other jurisdictions do so at their own will and are responsible for compliance with local law. You also agree that any information you provide through the Site may be maintained and processed in the United States of America.
You understand and agree that any ideas or suggestions for improvements to the Site or products, including without limitation, enhancements, new functionality, or concepts, shall be owned by Cultured Owl. Cultured Owl shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to you.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Cultured Owl without restriction.
These Terms will remain in full force and effect while you use the Site and with respect to all purchases of products. We may terminate your access to the Site, or any portion of the Site in our sole discretion, including if we believe that you are in breach of these Terms.
These Terms and our Policies contain the entire agreement between you and Cultured Owl regarding the use of the Site. If any terms and conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of the Site and therefore should cease using this Site immediately. The failure of Cultured Owl to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect.
All Country Kit shipments are final sales. Cultured Owl does not accept returns or exchanges on Country Kits. If any of the products in your Country Kit are defective or arrive damaged, please contact us at email@example.com and we will be happy to replace those items.