TERMS OF USE INCLUDING DISCLAIMER AND PRIVACY PROVISIONS
Welcome to John Lloyd Young’s website (the “Site”).
Thank you for visiting the Site. Please review the rules herein set forth which govern access to and use of the Site. By visiting or accessing the Site, you agree to be bound by all such terms and conditions. Access and use are subject also to any applicable laws and other government rules and regulations.
MATERIALS / COPYRIGHT / TRADEMARK
The Site and its contents including all materials, databases, software, design, text, graphics or other contents (collectively, “Materials”) are protected by the copyright laws of the United States, as well as international conventions and the laws of other applicable countries and jurisdictions. The copying, reproduction, permanent storage, transmission, alteration, display, performance, redistribution or other commercial exploitation of any portion of the Site or any of the Materials or the use of any trade names, trademarks, service marks, trade dress, icons, or intellectual property which may appear on the Site or the use of the design and “look” of the Site without express prior written consent of the owner(s) thereof is strictly prohibited. Except with such permission you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, the Site or any of the Materials.
DISCLAIMER
John Lloyd Young (sometimes hereinafter, “We” or “JLY”) reserves the right to correct any factual or technical or typographical errors or inaccuracies or omissions contained herein and to change or update the information at any time without prior notice. The Site and the Materials are provided “as is” and without warranty of any kind, express or implied. JLY makes no representations or warranties of any kind as to (a) the accuracy or completeness of the information or Materials; (b) the availability for any purpose by user of any of the Materials; (c) the presence or absence of computer viruses or other “bugs”; (d) any software made available through the Site; (e) the merchantability, fitness for use, title and/or non-infringement of any or all of the Site or Materials.
PRIVACY NOTICE
Users need not provide personally identifiable information to browse and review the Site. However, we automatically gather some demographic and other data from everyone who visits the Site; such data obtained may, for example, include the pages viewed, previous and following sites visited, the type of Internet browser being used, the computer’s address, and the type of computer operating system being used. Other information is obtained at the discretion of the user. We may collect, store, aggregate and use such information in our discretion but will generally disclose such information to third parties only in the aggregate or to help diagnose server problems and to administer the Site. Personally identifiable information or personal information (such as name, organization, address, business and personal e-mail addresses and telephone numbers) is collected when provided by the user. Such information may be provided to third parties without the user’s further consent, in order to render or secure certain services (for example, we may use other companies to perform certain services on our behalf and these companies may need access to personal information to complete the services) or for other commercial purposes. The data collected from users is considered our proprietary business asset and may be sold, shared or transferred as such or if JLY is required by law to release personally-identifiable information under certain circumstances. The Site cannot guarantee that private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Notice. We reserve the right and may be forced to disclose any and all information to government bodies or government officials or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Accordingly, you, the user, authorize the Site to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements or other activity that is illegal or may expose us to legal liability. Further, you authorize the Site to disclose your password, name, street address, city, state, zip code, country, and email address as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, gray market, intellectual property infringement, piracy or other unlawful activity. Specifically, this includes exchanging such information with other companies and organizations for fraud protection and credit risk reduction. The Site will cooperate with law enforcement inquiries and other third parties to enforce laws, intellectual property and other rights.
LINKS
The Site, for the convenience of users, may have links to other websites which are not owned or controlled by us. We are not responsible for the content or privacy policies of such websites or for any potential damages arising out of or in connection with the use of any such link. In addition, the existence of a link between the Site and any other Internet website should not be understood to be an endorsement by JLY of the owner or proprietor of the linked Internet website nor of the contents thereof.
COOKIES
Cookies are small pieces of information sent from a Web server to your computer. These allow us to personalize, customize and quickly process and complete your shopping experience without having to continually request the same basic information from you. We and our partners, affiliates, or analytics or service providers use technologies such as cookies, beacons, tags, and scripts to analyze trends, administer the Site, tracking users’ movements around the Site, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. We use cookies for authentication, tracking user sessions, preferences, and movements around the site, anonymous and aggregated marketing analytics, performance analytics, retargeting, and tracking aggregate trends. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of it may be limited. If you do not accept or if you remove our cookies, you may not be able to complete a search or make a purchase on our site.
JLY’S STORE
Registration Information
In order to take advantage of full site functionality, a user can complete an optional registration form. During registration, users are required to give certain contact information (such as name, email address) and create a password. This information is used, inter alia to establish an account that can be utilized to review order history, save shopping cart information, write product reviews, etc. Email address information is used to contact account holder if necessary regarding an order or to send an opt-in newsletter. Purchase of merchandise does not require an account to be created, but address information is necessary for shipping/billing processing.
Secured Registration and Purchase Information
Merchandise purchases from the Site are executed by a third party, SquareSpace, which is Level 1 PCI compliant and uses 128 bit SSL encryption to ensure your credit card data is safe and secure. The shipping information related to an order may be shared with shipping partners including FedEx, UPS, and USPS in order to complete the shipment.
Shipping Information
Under the Skyway Productions, Inc. is the vendor of merchandise on the Site and may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifiable information.
Communications
As a registered user, you should expect to receive an email welcoming you to the Site. As a purchaser, you should expect to receive an email confirming your order, an email confirming your shipment, an electronic receipt and a paper receipt (which accompanies your order).
As a registered user of and on the Site you will be offered a chance to opt in to receive John Lloyd Young’s Official Newsletter.
We also communicate with users on a regular basis to provide requested services. We reply to users’ inquiries on issues relating to their account via email, in accordance with the user’s wishes. For instance, when you use the “Contact Us” form or the “Feedback” form we use this information solely to respond to your questions and comments and to improve our customer service.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature. We employ other companies to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, analyzing data, providing marketing assistance, processing credit card payments, conducting customer surveys, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
JLY’s Store is maintained by Under the Skyway Productions, Inc. Any concerns with respect to JLY’s Store or with respect to the Site generally should be addressed to Under the Skyway Productions, Inc., 556 S Fair Oaks Ave, Suite 101-309, Pasadena, CA 91105, E-mail: support@johnlloydyoung.com.
COMMENTS / MISCELLANEOUS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the “Comments”) shall be and remain JLY’s property, and we may treat it as such. Such disclosure, submission or offer of any Comments shall constitute an assignment to JLY of all worldwide rights, title and interest in all copyrights and other intellectual properties in the Comments. Thus, JLY will own exclusively all such rights, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. JLY is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. We may delete, fail to store or to deliver any Comments without liability to you nor shall we be liable for any modification or malformation of data communication through the Site. You agree and represent that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree and represent that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Your access to and use of the Site and any links to other websites are solely at your own risk, and this Terms of Use constitutes an agreement between you and JLY, constitutes the entire agreement between the parties and supersedes all previous written or oral agreements between the parties with respect to such subject matter. No failure or delay by JLY in exercising any right, power or privilege under these Terms of Use shall be deemed a waiver thereof. This agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules, regardless of the location of the user, and the user consents to the jurisdiction of the courts of the State of California which shall have exclusive jurisdiction of all disputes relating to the subject matter hereof.
JLY reserves the right to revise and update these rules at any time, effective as of posting to the Site of the new and amended rules. You may want to visit this page periodically to review the Terms of Use.