BrandsWalk – http://www.brandswalk.com (“Site”) is being made available to you free-of-charge.  The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site.  The terms "brandswalk.com", "we", "us", and "our" refer to brandswalk.com.  We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions time to time.  It is your responsibility to check the Terms and Conditions periodically.  Changes will not apply to any orders we have already accepted unless the law requires them.  Should you violate any of our Terms and Conditions, you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site.  Your accessing, viewing, browsing and/or using the Site after we post changes to our Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed the latest Terms and Conditions.  On the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.  Entering the Site will constitute your acceptance of these Terms and Conditions.  If you do not agree to abide by these terms, please do not enter the Site.

Copyright and Site Contents

  1. ©2011 BrandsWalk. All rights reserved. All materials contained on this site are protected by United States copyright law. You may not alter or remove any trademark, service mark, copyright or other notice from copies of the content.
  2. Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site ('Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by BrandsWalk®.


Comments, Feedback and Other Submissions

  1. We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to BrandsWalk® using this Site or otherwise ('Comments') are not confidential and will become and remain brandswalk.com's property. The disclosure, submission or offer of any Comments will constitute an assignment to BrandsWalk® of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.


Links to Other Third Party Websites and Services

  1. This Site may include links to other Internet sites maintained by third parties ('Third Party Sites').   BrandsWalk® provides Third Party Sites to you solely as a convenience, and an inclusion of Third Party Sites does not imply endorsement by BrandsWalk® of the Third Party Sites. You access Third Party Sites at your own risk and by accessing them you leave the BrandsWalk® Site. Third Party Sites are not under the control of BrandsWalk®, and BrandsWalk® is not responsible for the contents of any Third Party Site.


Product Information and Availability

  1. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
  2. Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail.  You will receive a shipping confirmation e-mail once your item(s) has/have shipped.
  3. Merchandise availability at our store locations will differ from store to store and our website.  Our online store will offer a more complete merchandise availability. 


Product Information Error

  1. brandswalk.com reserves the right to refuse any order for any reason. Occasionally, there may be information on the Site that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, pricing, promotions, offers and availability.  brandswalk.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders without prior notice, if any information is inaccurate at any time  including after an order has been submitted .


Sales Tax

  1. Sales tax is applied to your brandswalk.com order in accordance with individual state and local regulations if your shipping address is in California.  For orders shipped to other states, your state and/or municipal government may require you to declare your purchase and pay appropriate sales tax amounts to them directly. Appropriate tax charges will appear on the "Checkout" page during checkout.


Disclaimer, Limitation of Liability and Indemnity

  1. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. BrandsWalk® DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY.   BrandsWalk® EXPRESSLY DISCLAIMS ANY INDICATION THAT IT IS AN AUTHORIZED DEALER OR AGENT OF ANY OF THE DESIGNERS WHOSE GOODS ARE OFFERED ON THIS SITE, SINCE SOME OF THESE AUTHENTIC GOODS MAY HAVE BEEN OBTAINED BY REPUTABLE RESELLERS.  BrandsWalk® DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.  ALTHOUGH BrandsWalk® ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.  YOUR USE OF THE SITE IS AT YOUR OWN RISK.  NEITHER BrandsWalk® NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.  BrandsWalk® IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.  IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF brandswalk.COM'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BrandsWalk®, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.


Denial of Access

  1. These Terms of Use constitute an agreement that is effective unless and until terminated by BrandsWalk®. If in BrandsWalk®'s sole discretion you fail to comply with any term or provision of this agreement, BrandsWalk® may deny you access to the Site. In the event of denial of access by BrandsWalk®, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and BrandsWalk® relating to the subject matter addressed herein.


California Proposition 65

  1. Some products such as dinnerware, glassware, items used to serve food, wallets, handbags, purses, clutches, totes, clothing, accessories, or shoes made of vinyl or imitation leather may contain lead.  In accordance with Proposition 65, we are stating the following warning to our California customers: "The materials used on the exterior of this product contain lead, a chemical known to the State of California to cause birth defects or other reproductive harm." For more information regarding lead-related questions, please visit the Department of Health and Human Services at http://oehha.ca.gov/prop65.html.


Applicable Law

  1. The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the laws of the State of California, USA without regard to principles of conflict of laws.  You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of Orange County, California, USA, and you and BrandsWalk® do hereby consent to the jurisdiction and venue of such courts.


PRIVACY & SECURITY


BrandsWalk.com ("BrandsWalk," "we," "us," or "our" as appropriate) has created the following Privacy and Security Policy to let you know what information we collect, why we collect it and to whom it may be disclosed. This Privacy and Security Policy applies to http://www.BrandsWalk.com ("Site"). By visiting the Site directly or through another site, you accept the practices described in this Privacy and Security Policy. This Privacy and Security Policy also addresses our data security practices and the options you have to access and control personally identifiable and non-personally identifiable information. We may periodically make changes to this Privacy and Security Policy.It is your responsibility to review this Privacy and Security Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often. This Privacy and Security Policy supersedes any and all previous versions.Entering the Site constitutes your acceptance and agreement to all terms contained in this Privacy and Security Policy. If you do not agree with the terms set forth in this Privacy and Security Policy, please do not enter the Site.


INFORMATION WE COLLECT


Personally Identifiable Information


  1. The term "personally identifiable information" means information that you voluntarily provide to us and which personally identifies you, such as your name, phone number, physical address, and any other data or information that would allow someone to personally identify you.
  2. To make a purchase, we require you to supply us with personally identifiable information. If you supply us with personally identifiable     information, you may later access, update, and modify any inaccuracies.If you would like to review or change your personally identifiable information, you may do so at any time by accessing your account through the My Account link located at the top of each page.
  3. In some areas of the Sites, you may have the ability to post or publish personally identifiable information. You should be careful and avoid posting or publishing personally identifiable information for your own protection.
  4. Various features on our web site may allow you to share your information with others by publicly posting that information on the web site and/or sharing that information by other communication methods including (without limitation) email, Facebook or Twitter. To the extent that you choose to share any such information it is no longer considered personal information and is not covered by this privacy policy.

Non-Personally Identifiable Information


  1. The term “non-personally identifiable information” means information that you voluntarily provide to us or which we collect electronically, but which does not personally identify you.
  2. To register for an account, we require you to supply us with your email address. Your email address does not personally identify you, but is a means for us to contact you. You may later access, update and modify any inaccuracies by accessing your account through the Your Account link located at the top of each page.


WHY WE COLLECT INFORMATION


Personally Identifiable Information


We collect personally identifiable information in order to supply you with the products or services you request, process payment, communicate with you and comply with any requirements of law.


Non-Personally Identifiable Information


  1. We collect non-personally identifiable information in order to operate, develop and improve the Site, their functionality and our products and services.
  2. We collect non-personally identifiable information in order to provide you with personalized recommendations for products advertised on or sold through the Site.
  3. Non-personally identifiable information is collected in the aggregate to, among other things, determine the total number of users of the Site, prepare utilization reports, diagnose and correct compatibility problems or other problems with the Site and perform statistical analyses to enable us to build a higher quality, more useful online service.
  4. We also collect non-personally identifiable information to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various aspects of the Site.  By supplementing our records, this information helps us learn things like user preferences, popular search categories, click-through rates, what kinds of offers users like to see and in general, how to improve the functionality and relevancy of the Site.


DISCLOSURE OF INFORMATION


Personally Identifiable Information


  1. We do not sell or rent personally identifiable information to third parties.
  2. We may disclose personally identifiable information to our staff and to third parties involved in the completion of your transaction, the delivery of your order, and the analysis and support of your use of the Site.
  3. We may disclose personally identifiable information to trusted third parties whom we engage to process your personally identifiable information for us.
  4. We may disclose personally identifiable information if necessary to protect our legal rights, if the information relates to actual or threatened harmful conduct, or we have good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on us or (2) to protect and defend our property or other rights, the users of the Site or the public.We may disclose personally identifiable information with other companies and organizations for fraud and credit risk purposes.


Non-Personally Identifiable Information


  1. We do not sell or rent non-personally identifiable information to third parties.
  2. We may disclose non-personally identifiable information to our staff and to third parties involved in the completion of your transaction, the delivery of your order, and the analysis and support of your use of the Site.
  3. We may disclose non-personally identifiable information to trusted third parties whom we have engaged to process non-personally identifiable information for us.We may disclose non-personally identifiable information, if necessary, to protect our legal rights, if the information relates to actual or threatened harmful conduct, or we have good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on us, or (2) to protect and defend our property or other rights, the users of the Site, or the public.
  4. We may engage third party advertising companies to advertise products or services to you online. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. They may also use this technology to serve specialized or relevant advertising content and/or recommendations to you on the Site or on a third party’s website.Any information that these third parties collect via cookies and action tags is completely anonymous and does not contain any personally identifiable information.


PROTECTION OF INFORMATION WE COLLECT


  1. We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form.
  2. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system.
  3. While no computer system is completely secure, we believe the measures implemented by our Site reduce the likelihood of security problems to a level appropriate to the type of data involved.
  4. Our servers use Secure Sockets Layer (SSL) and encryption technology that works with Netscape Navigator, Microsoft Internet Explorer, Firefox, Safari, and AOL's browser, with the objective that only we can read a customer's personally identifiable information.
  5. We employ physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of any personally identifiable information.


LIMITATION OF USER'S AGE


  1. If you are under 18, you may use the site only with a parent or an legal guardian.


LENGTH OF TIME WE KEEP INFORMATION


  1. We generally keep user data on our server or in our archives for as long as we reasonably need it (for instance, for taxation or insurance purposes, or in case orders may give rise to claims).
  2. We may alter this practice according to changing requirements. For example, we may delete some data, if needed, to free up storage space. We may keep other data for longer periods if the law requires it.


THIRD PARTY WEBSITES


  1. The Site may contain links to third party websites.We are not responsible for the privacy practices or the content of such websites even if you access those using links from our Site.
  2. Your use of these third party websites is entirely at your own risk and we recommend that you check the privacy and security policy of each website you visit.
  3. Clicking on a third party link will essentially take you to a third party’s website.
  4. We make no representation or warranty as to the effectiveness, quality, legitimacy or data protections of any third party website.


COOKIES


  1. BrandsWalk.com uses automatic systems of data collection, such as cookies. A cookie is a small file that is placed on the hard drive of an Internet user. Cookie allows us to link an Internet user to personal information provided by such user through the Site. This information only will be in our servers and no one may gain access to the information contained therein. Only BrandsWalk.com processes information collected by cookies, in a collective and anonymous way, in order to optimize its services and the Site for the needs and preferences of its users.  A "session cookie" expires when you end our Site (close the browser).  
  2. Your acceptance of our automatic procedures of collection of data and the use of cookies is necessary to take advantage of many features and services offered by the Site, including the purchase of products. If you set your browser to block or delete cookies, we cannot guarantee that you will have access to all the features and services offered by the Site (for example, your computer may not be able to display the image of the product you are in the process of purchasing).


EMAIL COMMUNICATIONS


  1. From time to time, we may send non-commercial electronic, exclusive marketing, discounts, coupons and promotions mail messages to your email account.
  2. In addition, we regularly send email order confirmations and email order updates to you after you have submitted an order.


CONTACT US WITH QUESTIONS


  1. Should you have any question regarding our Privacy & Security Policy, please contact us at info@brandswalk.com.