Privacy Policy and Terms of Use


DATE LAST REVISED: January 1, 2014

I Heart Garments is committed to maintaining the confidentiality, integrity, and security of any information you provide to us. We regularly reevaluate this Privacy Policy (the “Policy”) and revise it as necessary to deal with new challenges.

Your Privacy Is Not for Sale
We do not sell, rent or give your personal information to anyone. We treat your information confidentially, as it is not our practice or policy to share your information with any outside organizations or companies. Only in those instances where we have written authorization from you to release information to an agent acting on your behalf, or as otherwise required by law, will we disclose your information.

We Limit the Collection and Use of Personal Information
As part of our standard order fulfillment process, we will be sharing your address with our shipping providers (such as UPS, FedEx, or the USPS) for the sole purpose of shipping your order to you. Your credit card information will be transmitted through our credit card processor (which is authorize.net) for the sole purpose of completing your orders. Both of these service providers are bound by this Privacy Policy and will therefore not share your personal information with anyone else.

We may use and disclose your information for the following purposes:

  • • To provide you with our services or to respond to your inquiries or requests;
  • • To deliver to you any administrative notices, alerts and communications relevant to your use of our services;
  • • To analyze site usage and improve our services;
  • • For market research, project planning, troubleshooting problems, detecting and protecting against error, fraud, or other criminal activity;
  • • To enforce our Terms of Service.

From time to time, we may request other personal information to provide you with other benefits and services. In all such instances, you will be given the opportunity to provide or to decline to provide that information, and such information will be used only for the stated purpose.

Email Communications from Us
From time to time, I Heart Garments may send email notifications and updates regarding our products and services. You will always have the ability to opt out of receiving our promotional emails or to unsubscribe by following the instructions in the emails. Opting out in this manner will not end transmission of any emails relevant to the specific services you may have requested from I Heart Garments.

We Post Updates Whenever There Is a Change to Our Privacy Policy
We update this Policy periodically. When we make changes, we will post them here, with the corresponding date of revision appearing at the top of this Privacy Policy page. By visiting the I Heart Garments website, you agree to accept such changes to this Policy. For this reason, we encourage you to review this Policy whenever you use our website. Changes to this Policy will be effective immediately upon posting.

Terms of Use

DATE LAST REVISED: January 1, 2014

Welcome to the I Heart Garments website, www.iheartgarments.com, (the “Site”), owned and operated by I Heart Garments, LLC, an Ohio limited liability company (“I Heart Garments”). Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site. Please read these Terms carefully. Your use of the Site constitutes your agreement to follow and be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you should not access or use the Site.

Modifications
I Heart Garments reserves the right to make changes to the Site and to these Terms from time to time. When changes are made, we will post them here on the Site. We encourage you to review these Terms whenever you use our Site, because by visiting the Site, you are deemed to accept and agree to be bound by any changes to the Terms. I Heart Garments allows  you access to, and use of the Site subject to your compliance with the Terms.

Privacy and Your Personal Information
For information about our data protection practices, please read our Privacy Policy, which is hereby incorporated into these Terms. This Privacy Policy explains how we treat your personal information when you access the Site. The Policy may be updated from time to time at our discretion. Changes will be effective upon  posting  to the Site.

Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your Login ID, allows you to access the Products you have selected and to various parts of the Site. That Login ID and password, together with any other contact information you provide, form your “Registration Information.”

By providing us your email address, you agree to receive all required notices electronically to that email address. It is your responsibility to update that email address as needed. Notices will be provided in HTML (or, if your system does not support HTML, in plain text) in the text of the email or through a link to the appropriate page on our Site, which is accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify I Heart Garments immediately at this email address: info@iheartgarments.com.

I Heart Garments’ Intellectual Property Rights
The contents of the Site, including its ‘look and feel’ (i.e., text, graphics, images, logos, button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other materials are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Site belong to or are licensed to I Heart Garments or its software or content suppliers. I Heart Garments grants you the right to view and use the Site subject to these terms. You may download or print a copy of information provided on the Site for your personal, internal, and non-commercial use only. Any distribution, copying, creation of derivative work(s), reprints, modifications, duplication, or electronic reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without our prior written consent.

You may download or print a copy of information provided on the Site for your personal, internal, and non-commercial use only. Any distribution, copying, creation of derivative work(s), reprints, modifications, duplication, or electronic reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Access and Interference
You agree that you will not: (1) use any robot, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion thereof; (2) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than search engines and search agents available through the Site or Services and other than generally available third-party web browsers (such as Google Chrome®); (3) post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or the Services thereon; or (4) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising in any way making up a part of the Site or the Services thereon.

Content
When posting any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “Content”) to the Site, you agree to the following:

  1. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU SUBMIT TO THE SITE.
  2. By submitting content to the Site, you represent that you have all necessary rights to the content. You thereby grant I Heart Garments a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferrable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Site and our business—including, without limitation, for promoting and redistributing part or all of the Site and derivative works thereof in any media formats and through any media channels.
  3. YOU MAY NOT POST OR TRANSMIT ANY CONTENT THAT:
    1. is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, or racially or ethnically offensive;
    2. is libelous or defamatory, or which discloses private or personal matters concerning any person without that person’s prior consent;
    3. encourages conduct that would be considered a criminal offense or that would give rise to civil liability or any other violation of law;
    4. attempts to solicit members to leave I Heart Garments in favor of another related or competitive service;
    5. involves commercial activities without prior written consent from I Heart Garments;
    6. includes a photograph or video of a person that you have posted without that person’s consent;
    7. impersonates any person or entity (including, but not limited to, an I Heart Garments employee), or falsely states or otherwise misrepresents your affiliation with a person or entity; or
    8. is otherwise inappropriate.
      I HEART GARMENTS RESERVES THE RIGHT TO REMOVE ANY CONTENT THAT WE DEEM CONTRARY TO THE TERMS OF THIS AGREEMENT.
  4. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs; trade secrets or other confidential proprietary information; or trademarks or service marks used in an infringing fashion.
  5. You may not interfere with other users’ utilization of the Site, including without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Site infrastructure or that negatively affects the availability of the Site to other Users.
  6. You may not copy or use personal identifying or business contact information about other Users without their permission.
  7. You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Site or the Products, other products or services, advertising or marketing materials. You grant I Heart Garments a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid, royalty free license to use in any way the feedback you provide to us.
  8. I Heart Garments reserves the right to limit the storage capacity for content that you post on, through, or in connection with the Site.

Notification of Claims of Infringement
If you believe that your heartfelt story or any other content has been used in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify I Heart Garments via email at info@iheartgarments.com, or by mail at: 486 Siebert Street, Columbus Ohio, 43206.

Please provide us with the following information in your Notice:

  1. The material on the Site that you claim is infringing upon your intellectual property rights (please provide sufficient detail so that we may be able to locate the material on the Site);
  2. A statement by you asserting that you have a good faith belief that the disputed use is not authorized by the copyright owner or its agent, or by the law;
  3. A statement by you, declaring under penalty of perjury, that (a) the information in your Notice is accurate, and (b) that you are the copyright owner or are authorized to act on behalf of the owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.

I Heart Garments will remove the infringing content subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512.

Your Indemnification of I Heart Garments
You agree to indemnify and hold harmless I Heart Garments and its officers, directors, shareholders, members, managers, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms by you.

Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

I HEART GARMENTS MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESS OR IMPLIED), REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. I HEART GARMENTS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT AVAILABLE THROUGH THE SITE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

Limitation on I Heart Garments’ Liability
I HEART GARMENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES—INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITE OR YOUR USE OF THE SITE, EVEN IF I HEART GARMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Product Information
Although I Heart Garments has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and I Heart Garments cannot guarantee that the user’s monitor will accurately portray the actual colors of the products.

Miscellaneous
These Terms constitute the entire agreement between you and I Heart Garments and govern your use of the Site, and they supersede any prior agreements between you and I Heart Garments. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. I Heart Garments may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in our sole discretion you fail to comply with any provision of these Terms.

You agree that no joint venture, partnership, employment, or agency relationship exists between I Heart Garments and you as a result of this Agreement or your use of the Site.

I Heart Garments’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition, or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of Ohio.

You may not assign the Terms or any of your rights or obligations under the Terms without I Heart Garments’ express written consent. The Terms inure to the benefit of I Heart Garments’ successors, assigns and licensees.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Please Contact Us If You Have Any Questions or Concerns
If you have any comments, questions, concerns, or feedback regarding this Policy or any other privacy or security issues, contact us at: I Heart Garments, 486 Siebert Street, Columbus, Ohio 43206, or by email at info@iheartgarments.com.