Privacy Policy

 

SITE TERMS

 

Please read this Privacy Statement carefully before using this site. By using this site, you signify your agreement with the Privacy Statement. If you do not agree with any of the below Privacy Statement, do not use this site. iLoveToCreate® reserves the right, in its sole discretion, to modify, alter or otherwise update this Privacy Statement at any time and you agree to be bound by such modifications, alterations or updates. You should read the full text of this Privacy Statement and visit this page periodically to review the Privacy Statement, because they are binding on you.

 

PRIVACY STATEMENT

 

iLoveToCreate® is very respectful about the privacy concerns of the visitors to its internet site and associated domains. iLoveToCreate® DOES NOT SHARE personal information about users with any third party.

 

Certain non-personal information of visitors is recorded by the standard operation of the iLoveToCreate.com servers. This information is primarily used to provide an enhanced online experience for the visitor. Use of this information includes internal review of the number of visitors to the site in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to iLoveToCreate® only when voluntarily submitted.

 

This non-personal data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won one of our contests. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter.

 

Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by iLoveToCreate® and used for its internal business and marketing purposes. iLoveToCreate® does not share the personal information it collects.

 

CHILDREN'S PRIVACY

 

The Children's Online Privacy Protection Act (COPPA) protects the personal information of children under the age of 13. This applies to individually identifiable information about a child that is collected online, such as full name, home address, email address, telephone number or any other information that would allow someone to identify or contact the child. The Act and Rule also cover other types of information "for example, hobbies, interests and information collected through cookies or other types of tracking mechanisms" when they are tied to individually identifiable information. It is important for you to understand this law; we encourage you to read more about COPPA athttp://www.coppa.org/comply.htm

 

Note to Parents on Our Privacy Policy

 

ilovetocreate.com is committed to providing a creative, inspiring, safe and secure online experience for children who visit our site. We protect any personal information collected online. In following the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. Parents can revoke their consent and ask that information about their children be deleted from the site by contacting our customer care team at info@ilovetocreate.com or by calling 1.800. 438.6226. To do this or to review personal information collected from children, we must verify the identity of the requesting parent. When a parent revokes consent, we will stop collecting, using, or disclosing information from that child. To respect the privacy of parents, information collected and used for the sole purpose of obtaining verifiable parental consent or providing notice is not maintained in retrievable form by the site if parental consent is not obtained after a reasonable time.

 

We do not collect more personally identifiable information from children under 13 than is necessary for them to participate in our online activities. In addition, be aware that all sites that are targeted to children under 13 are prohibited by law from collecting more information than they need.

 

iLoveToCreate® is very respectful about the privacy concerns of the visitors to its internet site and associated domains. iLoveToCreate® DOES NOT SHARE personal information about users with any third party.

 

Submissions

 

We occasionally run online contests or giveaways of products. In order to enter, a child must submit her e-mail address and her parent's or guardian's e-mail address via an entry form on our website. We use the parent's or guardian's e-mail addresses to contact the parent or guardian for the sole purpose of notifying him or her that the child has won a prize, and to obtain permission to send the prize. If the child has only provided her own e-mail address, we may use it to notify her that she has been chosen as a winner and to ask for her parent's or guardian's e-mail address in order to notify the parent or guardian and obtain permission to send the prize. Once the contest has ended, all entries are deleted. They are not stored or saved for any purpose.

 

Children may also participate in surveys and submit projects for our Gallery section and project ratings for posting on our website. For this reason, ilovetocreate.com follows the guidelines for interactive electronic media published by the Children's Advertising Review Unit (CARU) of the Better Business Bureau. However, we encourage this be done only with their parent's knowledge and supervision. We also encourage children to use an alias screen name, nickname, initials or other identifier other than their real names for online posting activities. In keeping with CARU's Principle regarding respecting and fostering the parents' role in providing guidance for their children, we encourage parents to check and monitor their children's use of email and other online activities regularly. Read more about CARU athttp://www.caru.org/index.aspx

 

LINKED SITES

 

This site may contain links to web sites operated by third parties ("Linked Sites"). The Linked Sites are provided for your convenience and are not an endorsement by iLoveToCreate® of the content on such Linked Sites. iLoveToCreate® makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked Sites. If you decide to access any Linked Sites, you do so at your own risk.

 

DISCLAIMER

 

This web site and the materials associated with this web site are provided on an "as is" basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, iLoveToCreate® disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties' rights. iLoveToCreate® does not warrant that the web site will operate error-free or uninterrupted, that defects will be corrected, or that this web site and/or its server will be free of viruses and/or other harmful components. iLoveToCreate® does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with this web site. If your use of this web site or the materials, services, text, graphics, and or links associated with this web site results in the need for servicing or replacing equipment or data, iLoveToCreate® is not responsible for those costs. The material associated with this web site is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site ("Forums") are not necessarily those of iLoveToCreate® or its content providers, advertisers or sponsors and iLoveToCreate® makes no representations or warranties regarding that information or those opinions.

 

LIMITATION OF LIABILITY

 

In no event shall iLoveToCreate® or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this web site and/or the material associated with this web site, or resulting from any information or opinions provided on this web site and/or the material associated with this web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not iLoveToCreate® or any of its affiliated or related entities are advised of the possibility of such damages.

 

DESIGN POLICY

 

iLoveToCreate® welcomes artists who wish to sell their own unique and original creations using our branded products Duncan®, Tulip®, Aleene's®, Crafty Chica®, Scribbles®, Polymark® and Rainbow Rock® for non-commercial use. Artists are free to sell craft projects resulting from these brand products. By accessing this web site, the user acknowledges that the copyright and trademarks in all material created by iLoveToCreate® and/or its related companies is retained by iLoveToCreate®.

 

SUBMISSIONS

 

Any communication or other material submitted or posted to this web site will be considered non-confidential. iLoveToCreate® is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion. No compensation will be paid with respect to the use of your Submission.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

iLoveToCreate® does not claim ownership of the materials you provide to iLoveToCreate or post, upload, input or submit to any iLoveToCreate® Web Site. However, by posting, uploading, inputting, providing or submitting your Submission you are granting to iLoveToCreate®, and its affiliated companies, permission to use your Submission in connection with their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with submission.

 

iLoveToCreate® is not responsible for any material posted on our Message Boards. You shall not:

  1. A) Post any sexually explicit image,
  2. B) Impersonate another person or entity,
  3. C) Post any content that libels, defames, invades privacy, or is obscene, pornographic, abusive, harassing, hateful, or threatening;
  4. D) Post any content that infringes any intellectual property or other right of any entity or person, including, but not limited to violation of copyrights, trademarks, laws governing trade secrets, rights to privacy, or publicity,
  5. E) Post any content, which violates any law or advocates illegal activity,
  6. F) Advertise or otherwise solicit funds, post any content, which is a solicitation for goods, services or participation in any pyramid schemes, or post any chain letters.

iLoveToCreate® does not represent or guarantee the truthfulness, accuracy, and reliability of any communications posted by other users. You acknowledge that any reliance on material posted by other users will be at your own risk. iLoveToCreate® might not screen communications in advance and is not responsible for screening or monitoring material posted by users.

 

iLoveToCreate® reserves the right to remove any material that violates the above conditions, is otherwise inappropriate, or does not positively contribute to the forum.

 

GALLERY PROTOCOL

 

We offer our ilovetocreate.com Gallery as a free way for you to post and share your projects. It's very motivating to see what everyone is working on, and inspires creativity for everyone.

 

If you post a project for one of our contests, your project may be chosen as the winner. We will use your project image and credit your name on our blog and social media to celebrate.

 

Please respect the community and purpose of ilovetocreate.com, and refrain from posting any abusive, obscene, vulgar, slanderous, hateful or threatening images. We do review projects before posting; if your submission is in violation, it will not be uploaded.

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless iLoveToCreate®, its officers, directors, employees, agents, distributors, advertisers, sponsors, content partners and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of the terms of this Agreement.

 

DISCLAIMERS

 

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, iLoveToCreate, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

LIMITATION ON LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL iLoveToCreate OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

 

EXPORT CONTROL

 

The United States of America controls the export of products and information. You agree to comply with such restrictions and not export or re-export any materials associated with this web site to countries or persons prohibited under export control laws. By viewing or downloading any such materials, you are agreeing that you are not in a country to which such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials.

 

JURISDICTIONAL ISSUES

 

This site is controlled and operated by iLoveToCreate® from its offices in the State of California, United States of America. iLoveToCreate® makes no representation that materials in this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this web site and the materials associated with this web site may not be legal by certain persons or in certain countries. If you access this web site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. Any action you, any third party or iLoveToCreate® bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in the State of California, County of Fresno, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and iLoveToCreate® with respect to the use of this web site and shall not be modified except in writing, signed by an authorized representative of iLoveToCreate®.

 

RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS

 

This site is controlled and operated by iLoveToCreate®, a Duncan Enterprises Company, located at 5673 E. Shields Avenue, Fresno, CA 93727. All material on this site, or any website owned, operated, licensed or controlled by iLoveToCreate®, including, but not limited to images, illustrations, audio clips, and video clips ("iLoveToCreate Material"), is protected by copyrights which are owned and controlled by iLoveToCreate® or by other parties that have licensed their material to iLoveToCreate®. Unless granted written permission by iLoveToCreate®, iLoveToCreate Material from ilovetocreate.com or any web site owned, operated, licensed or controlled by iLoveToCreate® may not be used for nonpersonal or commercial purposes and may not be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way.

 

You are not to modify any iLoveToCreate® Material. Modification of iLoveToCreate® Material, including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of any iLoveToCreate® Material for any purpose is a violation of the Terms of Use Agreement, as well as laws protecting copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, unless granted written permission by iLoveToCreate®, the use of any Duncan Material on any other computer related environment is prohibited.

 

CONTESTS

 

From time to time, iLoveToCreate® may conduct contests. See the Official Contest Rules for rules, which may apply, to particular contests. No Purchase is Necessary to enter a contest conducted by iLoveToCreate®. Any contest conducted by iLoveToCreate® is open to United States citizens, 18 years or older, except employees of iLoveToCreate® and their immediate families (immediate family is defined as a parent, sibling, child or any person residing in the same household as the employee).

 

All contests conducted by iLoveToCreate® are intended for play in the United States only and shall only be construed and evaluated according to United States law . Do not enter any contest conducted by iLoveToCreate® if you are not located in the United States. Contests conducted by iLoveToCreate® are void where prohibited and are subject to all federal, state and local laws and regulations.

 

Any prize awarded in connection with a contest conducted by iLoveToCreate® is non-transferable. No substitution or cash equivalent for any prize is permitted, except by iLoveToCreate® in its sole discretion. In case of unavailability of any prize, iLoveToCreate® reserves the right to substitute a prize of equal or greater value. Taxes, if any, are the sole responsibility of the winner. The odds of winning a contest conducted by iLoveToCreate® will depend on the total number of entries received.

 

iLoveToCreate® is not in anyway liable for damage, loss or injury resulting from the award or use of any prize. The winner assumes all liability for injuries caused by or claimed to be caused by his or her participation in a contest conducted by iLoveToCreate®.

 

iLoveToCreate® reserves the right, in its sole discretion, to cancel or suspend any contest for any reason, including, but not limited to, a virus, bug or other cause beyond its control which corrupts the administration, security or proper administration of the contest.

 

iLoveToCreate® reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of a contest conducted by iLoveToCreate or to be acting in violation of these rules or the Official Contest Rules for any contest conducted by iLoveToCreate®. Internet or e-mail entrants must have a valid e-mail address.

 

iLoveToCreate® assumes no responsibility for lost, mutilated or misdirected entries. iLoveToCreate is not responsible for late entries, for incorrect, inaccurate or incomplete entry information whether caused by a contestant or by an equipment or technical malfunction or by any technical or human error, which may occur in the processing of the entries in a contest, conducted by iLoveToCreate®. An entry that is illegible, incomplete or late will be disqualified. If a prize notification is returned as undeliverable or iLoveToCreate cannot contact the winner for any reason within seven days, the prize may be forfeited and an alternate winner may be selected by random drawing of the remaining eligible entries. Contest entries will be judged by iLoveToCreate®, whose decision on winner selection and all other matters relating to this contest are final. By accepting a prize, the winner grants iLoveToCreate® permission for the use of their name and biographical information for advertising or promotional purposes without additional compensation, except where prohibited by law. All entries become property of iLoveToCreate® and will not be returned.

 

iLoveToCreate® reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of any contest conducted by iLoveToCreate®.

 

HOW TO CONTACT US

iLoveToCreate, a Duncan Enterprises Company
5673 E. Shields Avenue
Fresno, CA 93727

Toll-Free: 1-800-438-6226
Telephone: 559-291-4444
Fax: 559-291-9444