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Terms of service

Relive the Magic at Home ("we", "us", or "our") makes available the content and the purchasing of its products through its website www.relivethemagicathome.com ("Site") subject to the following terms and conditions, our Privacy Policy, which is available on our Site, and other terms and conditions which may be located on our Site and/or in connection with certain functionality, features or promotions (collectively referred to and incorporated with these terms and conditions as, the "Terms"). You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site or register on the Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.

 

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

 

Products are for Personal Use.

The products and services available on the Site, and any samples provided, are for personal use only. You may not sell or resell any of the products, or samples, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order that we believe may result in the violation of our Terms.

 

Purchase Related Policies and Procedures.

To view policies and procedures related to orders placed through this Site, such as order processing, shipping and handling, returns and exchanges and sales tax, click here.

 

Accuracy of Information.

We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.


Limited Licenses; Use Restrictions.

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

 

  • frame or utilize framing techniques to enclose the Site or any portion thereof;
  • use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
  • make any use of the Site or any Content other than for personal use;
  • modify, reverse engineer or create any derivative works based upon the Site or any Content;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • "stalk" or otherwise harass including advocating harassment of another in any way;
  • violate any applicable local, state, national or international law;
  • transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
  • engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, or any form of "spam."

 

We grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

 

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in these Terms without prejudice to any other remedy provided by applicable law or these Terms.

 

Your Obligations and Responsibilities.

By accessing or using the Site or any Content, you agree that you will comply with these Terms and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause to us, our affiliates, partners or licensors.

 

Your Account.

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide that it would be in our best interest to do so.

 

Third Party Links.

We are not responsible for the content of any third party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit.

 

Special Features, Functionality and Events.

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

 

Intellectual Property. All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. Except as set forth in these Terms, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

 

User Content.

When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials on this Site or on any of our third party social media platforms such as Facebook, Instagram or other social media pages where we promote our products and services, in any manner (“User Content”), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

 

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

 

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

 

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others.

 

Deletion of User Content.

If you wish to delete certain of your public User Content on the Site, please contact us by email at support@relivethemagicathome.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

 

Copyright Infringement Notices.

We are committed to complying with U.S. copyright and related laws, and requires all users of this website to comply with these laws. Accordingly, you may not use this website to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

 

If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on this website, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending our authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon our receipt of a satisfactory notice of claimed infringement, we will respond expeditiously either directly or indirectly: (i) to remove the allegedly infringing work(s) accessible through this website; or (ii) to disable access to the work(s). It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to this website for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we, in our sole discretion, believe is infringing these rights. We may terminate access to this website at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to us. Upon our receipt of a counter notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

 

Copyright owners may send us a notification of claimed infringement to report alleged infringements of their works to support@relivethemagicathome.com or via U.S. Mail:


Relive the Magic at Home
PO Box 374

Rigby, ID 83442

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to us, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter notification with our designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

 

Disclaimer of Warranties; Limitation of Liability.

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.

 

YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.

 

FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

 

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

 

Indemnification.

You agree to defend, indemnify and hold us, our affiliates, partners, licensors, officers, directors, employees, and agents (the "Indemnified Parties") harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

Disputes.

With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of Idaho, as if the Terms were a contract wholly entered into and wholly performed within Idaho. Any dispute relating in any way to your visit to the Site, these Site Terms, shall be submitted to confidential arbitration in Idaho and you agree to submit yourself to the jurisdiction and proceedings thereof. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitrable shall be submitted to the arbitrator for decision.

 

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

 

Consent to Receive Notices Electronically by Posting on the Site and Via Email.

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at support@relivethemagicathome.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms, including but not limited to Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

 

General.

You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such un-enforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms are for convenience only and shall not be used in its interpretation.

 

If you have any questions regarding these Terms, please email us at support@relivethemagicathome.com

 

Updated: These terms are effective as of 10/01/2020.

This Privacy Policy describes how relivethemagicathome.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site, mobile applications, agreements, and our social media assets (collectively, "our sites"), and by email in connection with our business development efforts, marketing programs, surveys, offers, events and other promotions. We may obtain this information directly from you as well as from our affiliated companies, business partners and other third parties.

 

Collecting Personal Information

Information We Collect

You may choose to provide personal information to us in a number of ways, such as when you participate in an offer or promotion, or when you make a purchase on our site, via our social media pages or through one of our mobile applications. The types of personal information you may provide to us includes:

  • Personal or business contact information (such as name, address and email address, social media, name of your company or department, and your business function or title);
  • Demographic information (such as age, gender, physical characteristics and skincare concerns);
  • A general geographic location (such as country and city) from which a visitor accesses our sites;
  • Information you provide by interacting with us through our sites, including by submitting questions, commenting on our forums and interacting with us through social media;
  • Information provided through social media networks or one of our mobile applications when you visit our social media pages or use one of our mobile applications (such as your name, profile picture, likes, location, friend list and other information described on the social media network or application sign-up page, or your geo-location details when using one of our mobile applications);
  • Contact information of individuals with whom you would like to share our content; Payment information (such as account or credit card number for processing through our third party payment processor); and
  • other details that you may submit to us or that may be included in the information provided to us by third parties.

If you submit any personal information relating to other people to us or to our service providers in connection with the services (such as if you gift a subscription to another person), you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy.

 

When you visit our site, view or click on our online advertisements (including our advertisements on third party websites), visit our social media pages or download and use one of our mobile applications, we also collect certain information about your usage or device by automated means or by using technologies such as cookies, web server logs and web beacons. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based technologies. The information we may collect automatically includes:

  • Usage information. Whenever you visit or interact with our sites, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how our sites are accessed and used ("Usage information"). Usage information may include browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of features or applications on our sites, as well as search terms that visitors use to reach our sites. This information helps us keep our sites usable for our visitors and allows us to tailor content to a visitor's interests.

  • Device Identifier. We automatically collect your IP address or other unique identifier ("Device Identifier") for the Device (computer, mobile phone, tablet or other device) you use to access our sites. A Device Identifier is a number that is assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer our sites, help diagnose problems with our servers, analyze trends, track users' web page movements, help identify you and your interests, and gather broad demographic information for aggregate use.

  • Cookies; Pixel Tags. The technologies used on our sites to collect Usage information, including Device Identifiers, include but are not limited to: cookies (data files placed on a Device when it is used to visit our sites), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites like Facebook, Instagram, LinkedIn, Google+, Twitter and, if you so choose, enable interaction between your activities on our sites and your activities on such social networking sites. We, or our partners, may place cookies or similar files on your Device for security purposes, to facilitate site navigation, to perform analytics, and personalize your experience while visiting our sites (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location or demographic information). A pixel tag may tell your browser to get content from another server.

  • To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser's cookie folder, or prevent tracking activities, please refer to your browser's tools or help menu or other instructions related to your browser. Because an industry-standard Do-Not-Track protocol has not yet been established, our information collection practices on our sites will continue to operate as described in this online privacy policy regardless of any "Do Not Track" signals that may be sent by certain browsers. However, you may refuse to accept cookies in order to prevent tracking activities. If you disable or opt out of receiving cookies, please be aware that some features and services on our sites may not work properly because we may not be able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. We may use third-party website analytics tools that collect automated information about visitor traffic on our sites, such as Google Analytics. You can learn how Google collects and processes data by going to www.google.com/policies/privacy/partners/.

 

How We Use the Information We Collect

We use the information we collect for a variety of business purposes such as to respond to your questions and requests for services; provide you with access to certain areas and features; purchase history; verify your identity; communicate with you about your account and activities on our sites, modify or change any of our policies; tailor content, advertisements, and offers we serve you; improve our sites; comply with contractual obligations; and for purposes disclosed at the time you provide your personal information or otherwise with your consent. We may also collect information for purposes such as:

  • Communicate with you (including by phone or by email) about our products, services, offers, surveys, events and promotions, and offer products and services we believe may be of interest to you;
  • Create and manage your online account, including access to your online purchase history, assist with online selection and replenishment, process your payment card and/or gift card transactions;
  • Publish your testimonials about Relive the Magic at Home, including on our sites, forums, blogs, and social media assets (if we choose to publish your testimonial, we will generally only include your name, title and company name);
  • Follow up with individuals and companies with whom you have shared Relive the Magic at Home content;
  • Analyze and enhance our marketing communications and lead generation strategies (including by identifying when emails sent to you have been received and read);
  • Analyze trends and statistics regarding visitors' use of our sites; and Protect against fraud and unauthorized transactions.

We may combine the information we collect with publicly available information and information we receive from our affiliated companies, business partners and other third parties. We may use that combined information for the purposes described in this Policy. On our sites, we may collect information about your online activities to provide advertising about products and services tailored to your individual interests. You may see certain ads on our sites and other sites because we participate in advertising networks. Ad networks allow us to target our advertising to users through demographic, behavioral and contextual means. These networks may track your online activities over time and across third-party websites or online services, including by collecting information through automated means through the use of cookies, web server logs, web beacons and other methods. These networks may place cookies, web beacons or similar tracking devices while you are visiting our sites or other sites. The networks use this information to show you advertisements for Relive the Magic at Home and our business partners that are tailored to your individual interests. They may also use the information they collect for their own purposes. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you have viewed, and the actions you take on the sites. This data collection and ad targeting take place both on our sites and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.


Information We Share

We do not sell, rent, or otherwise disclose personal information about you, except as described in this Policy. We may share non-personal information, such as aggregate data and Usage information with third parties. We may share the information we collect with our affiliated companies, business partners, ad network vendors and their participants, and other third parties for the purposes described in this Policy, including to communicate with you about products and services, offers, events and promotions that we believe may be of interest to you. We may also share the information with our service providers that perform services on our behalf. We do not authorize these service providers to use or disclose the information except as necessary to perform certain services on our behalf or comply with legal requirements. We also may share information about you with other third parties when we have given you an opportunity to opt out of such sharing and you do not opt out.

 

While on our sites, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites. If you agree to have your personal information shared, your personal information will be disclosed to the third party and the personal information you disclose will be subject to the privacy policy and business practices of that third party. We may share your personal information with other entities and our affiliates primarily for business and operational purposes. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. We may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce our terms and conditions or other applicable policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, visitors to our sites or the public.


Your Privacy Rights, Choice and Access

We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.

 

You control the personal information that you provide to us on our sites, but some personal information is required by us in order for you to obtain services from us or for you to use our sites. If you choose not to provide us with your personal information on our sites, you may not be able to take advantage of some of the services we offer or use some functionality on our sites. Except as provided above, we will not share personal information collected on our sites with third parties without your consent. You may also direct us to stop sending you promotional emails by following the removal instructions in a communication you receive from us. Your opt-out request will be processed within a reasonable period of time following the date on which we receive it. We ask that you not send us, and you not disclose, any sensitive personal information (e.g., Social Security numbers, health, biometrics or genetic characteristics or other criminal background) on or through the Services or otherwise to us.

 

If you wish to modify, verify, correct, or delete any of your personal information collected through our sites, you may edit your registered user information or contact us at support@relivethemagicathome.com. In accordance with our routine record keeping, we may delete certain records that contain personal information you have submitted through our sites. We are under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. If you wish to cancel your online account or request that we no longer use your information to provide you services through the platform, please contact us at support@relivethemagicathome.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.


Your California Privacy Rights

If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that Relive the Magic at Home has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties' business cannot reasonably be determined from their names, examples of the products or services marketed, if known to Relive the Magic at Home, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please email support@relivethemagicathome.com.


Access and Correction

You may contact us at support@relivethemagicathome.com and we will provide you with reasonable access to the personal information we maintain about you. We will also provide you a reasonable opportunity to correct, amend or delete that information where it is inaccurate. We will respond to your request within a reasonable period of time. We may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances, or as we otherwise deem appropriate. In addition, please note that (i) we may not be able to edit or delete your personal information stored with our third-party service providers, and (ii) we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).


Other Websites, Data Processing and Safeguards

Our sites may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit personal information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our sites (including those linked to through an email or social networking page). This is a U.S. website subject to U.S. law, including applicable privacy and information security requirements. When you visit this site, we may process information about you outside of the country in which you are located, including in the U.S. By using our services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information. We will protect information collected through this site as described in this Policy. While Relive the Magic at Home has implemented administrative, technical and physical safeguards to assist in protecting the personal information we collect, please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the "Contact Us" section below.


Children's Privacy

Our sites are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain their personal information without the parent/guardian's consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

 

MOBILE MARKETING TERMS AND CONDITIONS

IMPORTANT: The “Dispute Resolution” section below requires you to arbitrate claims you may have against Relive the Magic at Home, LLC on an individual basis to resolve disputes, rather than jury trials or class actions. It affects your legal rights. Please read it carefully.

With your express written consent, Relive the Magic at Home, LLC (or “we,” “us,” or “our”) may send you one-time or recurring automated or pre-recorded short message service (“SMS”) or Multimedia Messaging Service (“MMS”) marketing messages, including reminders to complete the online checkout process (collectively, “marketing messages”), using the telephone number you designate. When you consent to receive marketing messages from us, you also accept and agree to these Mobile Marketing Terms and Conditions and our <a href="https://relive-magic-moments-at-home.myshopify.com/policies/privacy-policy" target="_blank">Privacy Policy</a> (“Mobile Marketing Agreement”), including, without limitation, the “Dispute Resolution” section below, which requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. The foregoing marketing messages may also include those prerecorded or sent using an automatic telephone dialing system. This Mobile Marketing Terms and Conditions is not intended to modify any other terms and conditions that may govern the relationship between you and us in other contexts, except that if this agreement and those agreements conflict, this agreement will control.

Providing Consent: You must provide express written consent to subscribe to marketing messages from us. We may request and you may provide this consent via email, website or application webform, text message, telephone keypress, voice recording, or any other method permitted by law. Your consent is not required to make any purchase from us. Your consent corresponds to the phone number you designate. By providing us your phone number and consenting to receive our marketing messages, you confirm that you are the owner of the phone number, control access to that number, and will notify us of any change to your phone number. In the event you change your phone number with us, you agree that we may continue to send you marketing messages at your new phone number unless you revoke your consent.

Revoking Consent: If you wish to unsubscribe from receiving our marketing messages or no longer agree to this Mobile Marketing Agreement, you may revoke your consent and opt out of receiving marketing messages by, among other things, replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT or something similar to any marketing message from us. If you unsubscribe from one of our text message programs, you may continue to receive text messages through any other programs you have joined until you separately unsubscribe from those programs.

Duty to Notify and Indemnify for Abandoned Phone Number: If at any time you intend to stop using the telephone number that you designated to receive our marketing messages, including by canceling your service plan or selling or transferring the phone number to another party, you agree that you will unsubscribe and revoke your consent in accordance with the process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of this Mobile Marketing Agreement. If you discontinue the use of your telephone number without notifying us of such change, you agree to defend, release, indemnify, and hold harmless us and our officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your failure to notify us of such change, including those resulting from a breach of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder. This duty and agreement shall survive any cancellation or termination of this Mobile Marketing Agreement.

Description of Content: Users that consent to receive marketing messages from us can expect to receive messages concerning the marketing and sale of our digital and physical products, services, and events.

Frequency: We may send you recurring marketing messages on a periodic basis. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the phone number from which messages are sent and we will notify you when we do so.

Cost: Message and data rates may apply to the messages we send you or that you send to us or when you click on weblinks in our messages.

Support Instructions: If you need assistance or have questions regarding our marketing messages, email us at support@relivethemagicathome.com.

Disclaimer of Warranty and Limitation of Liability: We make no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, suitability, or performance to you in connection with, arising out of, or relating to your subscription to our marketing messages. We do not guarantee delivery of SMS and MMS messages. Message delivery is subject to effective transmission from your wireless service provider and is outside of our control. Accordingly, delivery may not be available in all areas at all times, and messages may not be delivered in the event of product, software, coverage, or other changes made by your wireless service provider. You agree that neither we nor our vendors, suppliers, or licensors shall be liable for any delayed or failed delivery of any message we send you or you send us, including any damage or injury caused by delayed or failed delivery of any message.

Participant Requirements: You must own a wireless device capable of two-way messaging, be a wireless service subscriber of a participating wireless service provider, and have a wireless service plan with messaging service. If your wireless device or service plan does not support MMS messaging, we may send you SMS messages instead.

Age Restrictions: You may not subscribe to our marketing messages if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18) years of age, you must obtain permission from your parent or legal guardian to subscribe to our marketing messages.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and us, or between you and Kinnekt or any other third-party service provider acting on our behalf to transmit our marketing messages, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy shall be, to the fullest extent permitted by law, resolved only by final and binding, bilateral arbitration in New York, New York before a single neutral arbitrator. You agree that we and you are each waiving the right to sue in court, except for disputes, claims, or controversies that qualify for small claims court, and the right to have a trial by jury. You agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory. The arbitrator shall decide the enforceability of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The interpretation and application of this Mobile Marketing Agreement shall otherwise be governed by the laws of the state in which Company’s principal place of business is located.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. The parties agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear an equal share of the fees paid for the arbitrator and shall bear its own costs relating to the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of this Mobile Marketing Agreement.

Acceptable Use Policy: We utilize third-party service providers to transmit our marketing messages messaging platform, which is subject to certain prohibited uses under the messaging platform acceptable use policy of Zipwhip (“AUP”), which terms can be found at www.zipwhip.com/terms or as such AUP may be relocated and updated by Zipwhip on its website from time to time (“AUP Terms”). In the event of any conflict between this Mobile Marketing Agreement and the AUP Terms, the AUP Terms shall supersede to the extent of any actual conflict. By agreeing to this Mobile Marketing Agreement, you also agree to the AUP Terms.
PROHIBITED USES AND ACTIVITIES
You may not violate any applicable laws, rules and regulations applicable to you, in connection with, the following:
Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.
Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.
Impersonation of any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Harm minors in any way.
Making available any content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.
Making available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
Stalking or otherwise harassing any person or entity.
Export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.
Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court.
Deceptive practices such as posing as another service for the purposes of phishing or pharming.
Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion or harmful action.
Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Sending unwanted messages without having procured the necessary consents, right and/or license.
Send protected health information.
Registering for more accounts or register for an account on behalf of an individual other than yourself.
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
You may not violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other systems. You shall not use the Services in a manner that interferes with any other party’s ability to use and enjoy the messaging platform, that interferes with our third-party service partners’ ability to provide the messaging platform, or that otherwise may create legal liability for Company or its third-party service partners. You shall not use the Services to violate the acceptable use policy or terms of service of any other third-party service provider, including, without limitation, any Internet service provider.
You agree to review the website periodically to be aware of any changes or modifications. If you do not agree to the changes in the AUP Terms, you must discontinue use of the messaging platform. Your continued use of the messaging platform shall be deemed your conclusive acceptance of any such revisions.

Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to this Mobile Marketing Agreement and to perform your obligations herein, and nothing contained in this Mobile Marketing Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights herein. If any provision of this Mobile Marketing Agreement, including any part of the “Dispute Resolution” section, is held unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part may be severed from this Mobile Marketing Agreement and the remaining provisions shall remain in full force and effect. Any new features, changes, updates or improvements related to our marketing messages shall be subject to this Mobile Marketing Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Mobile Marketing Agreement from time to time and we will provide you with notice of material changes. You acknowledge your responsibility to review this Mobile Marketing Agreement from time to time and to be aware of any such changes. By maintaining your consent to receive marketing messages from us after any such changes, you accept this Mobile Marketing Agreement, as modified.


Updates to this Privacy Policy

This Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on this site to notify you of any significant changes to our Policy and indicate at the bottom when it was most recently updated.


How to Contact Us

If you have any questions, comments or concerns about this Policy or if you would like us to update information we have about you or your choices or preferences, please contact us by email at support@relivethemagicathome.com. You also may write to us at:

Relive the Magic at Home, LLC
Attn: Privacy Office
PO Box 245
Rigby, ID 83442