Privacy Policy

 

At SickBrands.com, we are committed to protecting your privacy and we acknowledge that you may have concerns regarding the use of personal information.  With our statement, we intend to explain how we use the information we have gathered from our visitors and members.

 

Throughout this site, the terms “we,” “us,” “our,” “Sick Brands/Sick Gear,” “Sick Brands/Sick Gear,” “SickBrands.com,” or any other reference related to Sick Brands/Sick Gear refer to Sick Brands/Sick Gear and any of its affiliated companies as appropriate in the context.

 

Information Collected

Personally identifiable information is information that identifies you as an individual, such as your name, mailing address, phone number, email address, credit card information and password.  We may collect Personally Identifiable Information from you when you make a purchase, register to become a member, voluntarily provide it when you use this website, disclose it in a public area of the site (such as contest submissions or newsletter requests), or provide it when you communicate with us.

 

Non-personally identifiable information is information that does not identify you as an individual.  Non-Personally Identifiable Information includes information such as your browser type, the URL of the previous Web site you visited, the Web pages and advertisements you view or select, and the types of services you use.

 

Use of Information

At SickBrands.com, we gather and store certain types of information you provide to us through our website, surveys, or other data gathering methods.  This information includes contact, demographic, and financial information.  We use the contact and demographic information to communicate effectively with you and to create a more personalized shopping experience.

 

We may also use the Personally Identifiable Information you provide to administer and manage your account, pay commissions to you, include you on mailing lists, and advertise and promote our services.  In addition, we may disclose your Personally Identifiable Information when we believe in good faith that it is required by any applicable law or legal process, or if we believe we need to disclose it to protect or enforce our rights or the rights of our members, users, or other third parties.

 

Without limitation of the foregoing, we may disclose your information pursuant to our Intellectual Property Rights Policy in our User Agreement to a third party that alleges you have infringed their intellectual property rights.

We may disclose Non-Personally Identifiable Information in connection with improving the services we offer and facilitating our marketing efforts.  In addition, we may combine your Non-Personally Identifiable Information that relates to your use of the site with that of other users to determine which areas of the site are most popular, and how our services are used.  By collecting this Aggregate Information and analyzing it, we can use it to improve the site.  We may disclose Aggregate Information in connection with improving the services we offer and facilitating our marketing efforts.

 

Security
SickBrands.com is committed to ensuring the security of your information.  To help prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.  We use encryption and utilize alternative payment websites (such as Google Payments™, PayPal™, or any others we may use from time to time) when collecting or transferring sensitive data such as credit card information.  Preventing credit card fraud is important to protect your personal financial data security.

 

SickBrands.com is protected through a Network Solutions® SSL Certificate ensuring all data exchanged between SickBrands.com and the customer is secured.  An SSL Certificate (Secure Sockets Layer), also called a Digital Certificate, creates an encrypted link between a website and a visitor's browser.  This link ensures that all data passed between the website and the visitor's browser remains private and secure.  This in turn prevents hackers from stealing private information such as credit card numbers, names, and addresses.

 

Cookies and other data collection tools

Cookies are information files that are placed on the hard drive of your computer by your browser.  Cookies allow websites to remember users’ activities and visits to a site.

 

At SickBrands.com, we use cookies to determine the number of unique visitors we host on our website over any given period of time.  Cookies are also used to remember user screen names so multiple logins are not necessary.  We may use cookies, web beacons, or other data collection tools to store or gather personal information from our visitors.  You can disable cookies on your computer by indicating this in the preferences or options menus in your browser.

 

NOTE:  Disabling cookies may affect your ability to view or navigate the website.

 

Children
SickBrands.com does not sell products for purchase by children, but we may sell children’s products for purchase by adults.  In compliance with the Children’s Online Privacy Protection Act of 1998 (COPPA), if you are under the age of 13, you may use SickBrands.com only with involvement of a parent or guardian.  We encourage children to involve their parents in any interactive activity they participate in online.  We will not knowingly collect or use any personal information from children we know to be under the age of thirteen.  In addition, once we are notified, we will delete any information in our databases that originates from a child under the age of thirteen.

 

For further protection, prospective users between the ages of 13 and 17 can only use SickBrands.com services under their parents' or legal guardian's supervision.  If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us.  If you wish to do so, please submit a request via our Contact Us page.

 

No Absolute Safeguards

Although we will use reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure.  Accordingly, we assume no responsibility or liability for disclosure of any of your information due to errors in transmission, unauthorized third-party access or other causes beyond our reasonable control.

 

Third Party Communication

In an effort to enhance your shopping experience, we may use your contact and demographic information we have collected through our website, surveys, or other data gathering methods to send you news, offers and e-mails from some of our partners.  To opt out of receiving news, offers and emails, please log into your account and select your notification preference.

 

As a part of our business relationships, we may from time to time have banner or link redirects to a third-party accessible from the SickBrands.com website. 

 

Any transactions that occur between you and a third party are strictly between you and the third party and are not the responsibility of SickBrands.com. 

 

We do not control the privacy policies of our advertisers or other third-parties that have websites linked to the SickBrands.com website.  If you click on an advertisement or link, the privacy policies of the website to which you link will govern the use of your information by that website's operator.  We assume no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise.

 

Sale of Our Company

As our company grows, there is a possibility that we could be sold to another company.  In the event that Sick Brands/Sick Gear is acquired by another company or a significant portion of our assets is sold to another company, all of the customer information including both financial records and consumer information that we have collected may be transferred to the new company.

  

Review, Request Changes or Opt Out

If you do not wish to receive announcements or special offers from us or third parties, you can adjust your notification preferences by logging into your account and making the necessary adjustments to unsubscribe from receiving e-mail communications regarding news, exclusive offers, and reminders.

 

Acceptance of Privacy Policy

By using this website, you are accepting the terms and conditions of this Privacy Policy, and we will have the right to use your information as described in this Privacy Policy.  If you do not agree to have your information used in any of the ways described in this Privacy Policy, you must discontinue use of this site.  Use of this site is when this privacy effective date begins.  We reserve the right to modify this Privacy Policy at any time.  Your continued use of SickBrands.com after we either personally notify you or generally post such changes on the site will constitute your acceptance of those changes.

 

 

 

User Agreement

 

Please note that occasionally there may be information about products on the SickBrands.com website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice (including after you have submitted your order).  We apologize for any inconvenience this may cause you.

 

The prices displayed on this website are quoted in U.S. dollars ($) and are valid and effective only in the United States.  They are subject to change at any time.

 

Context

Welcome to SickBrands.com.  Before you use the SickBrands.com website (the “Site”), please read the following basic terms that govern your use of the Site.  By using the Site, you agree to follow and be bound by these terms (the “Agreement”).  Throughout this site, the terms “we,” “us,” “our,” “Sick Brands/Sick Gear”, “Sick Brands/Sick Gear,” “SickBrands.com,” or any other reference related to Sick Brands/Sick Gear refer to Sick Brands/Sick Gear and any of its affiliated companies as appropriate in the context.

 

Copyright

All content included on this site hosted by Sick Brands/Sick Gear, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws.  The compilation of all content on this site is the exclusive property of this site's owner and protected by United States and international copyright laws.  All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.

Warranty/Disclaimer of Liability

YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK.  THE SITE IS NOT WARRANTED TO BE ERROR-FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE.  THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT SickBrands.com SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

 

Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute.  We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages.  We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is caused by an intentional act of SickBrands.com.  We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method.  These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy.  The provisions of this paragraph will survive any transaction completed with you and any change or elimination of this Agreement and/or the Site.

 

General

We may from time to time change the rules that govern your use of the Site.  Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.  We may change, move, or delete portions of, or may add to the Site from time to time including but not limited to content and equipment and/or software needed for access or use.

 

All content including depictions of persons which appear in any visual graphic design which could be construed as that of a sexual nature has been represented to Sick Brands/Sick Gear as including individuals at least 18 years of age at the time of creation of the depiction.  By using this website, the user agrees that any submission of content to Sick Brands/Sick Gear is made with an express declaration of the submitting user confirming the content involves individuals of at least 18 years of age.

 

Copyrights, Trademarks & other Intellectual Property Rights

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, verbiage, and other materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by SickBrands.com.  The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by SickBrands.com.

All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners.  Any use of such trademarks, service marks, product names, and company names or logos, including the reproduction, modification, distribution, or republication of same without the prior written permission of the owner of same, is strictly prohibited.

 

The materials on the Site, and the Site as a whole, are intended solely for personal, noncommercial use.  You may download or copy the downloadable materials displayed on the Site for your personal use only.  No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the Site, the Site as a whole, or any related software without the prior written permission of SickBrands.com.  Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written permission of SickBrands.com.

Right to use Copyrights and Trademarks

You represent and warrant to SickBrands.com that you have the unrestricted right to use, copy, and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture, or illustration of any person or any other intellectual property (“Material”) for any and all submissions by you to SickBrands.com.  You warrant that, in obtaining the Material and submitting it to SickBrands.com for reproduction, you have not violated or infringed on any trademarks, copyrights or other intellectual property rights of any third party.  You agree to indemnify and hold SickBrands.com, and its directors, officers, employees and agents (“SickBrands.com Parties”) harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by SickBrands.com Parties by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim, and to pay any attorney's fees incurred by SickBrands.com Parties in defending against any such suit, demand or claim.

 

The burden of determining that any Material is not protected by trademark, service mark, copyright or other proprietary right rests with you.  You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third-parties whose rights may be violated or infringed by the use of any Material protected by trademark, service mark, copyright or other proprietary right.  To use any logo, trademark or copyrighted items, a customer must have written permission from the owner of the logo or trademark or copyright.  A customer may not use any logo or other graphic material in a manner which may infringe copyright, trademark, service mark, or other proprietary mark.  A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner.  We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark, or copyrighted items.  You agree to indemnify and hold the SickBrands.com Parties harmless from and against any suit, demand, claim, loss, liability, damage, or expense made against or incurred by SickBrands.com Parties by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through SickBrands.com.

Grant of License to Sick Brands/Sick Gear

When uploading or authorizing others to upload any copyrighted, trademarked, or other protected material to Sick Brands/Sick Gear, you grant a license to Sick Brands/Sick Gear which gives Sick Brands/Sick Gear the non-exclusive, perpetual, irrevocable, paid-up, worldwide right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part), modify and create derivative works from such material and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

 

Legal Compliance

You shall use SickBrands.com for lawful purposes only.  You shall not transmit through SickBrands.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.  We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to SickBrands.com for any breach of this provision or any other provision of this Agreement.

 

User Comments, Feedback and other Submissions

All comments, feedback, suggestions, ideas and other submissions disclosed, submitted, or offered to SickBrands.com or otherwise disclosed, submitted, or offered in connection with your use of the Site shall be and remain SickBrands.com’s property.  Such disclosure, submission, or offer shall constitute an assignment to SickBrands.com of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas, and other submissions.

Duties, Taxes, and Licenses

All duties, taxes, and licenses incurred while shopping at SickBrands.com are the sole responsibility of the customer.  SickBrands.com cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.

 

Ancillary Computer Equipment and Services

You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site.  In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.

 

Indemnification
You agree to indemnify, defend, and hold harmless SickBrands.com Parties against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing SickBrands.com under your account.

 

Governing Law

The Site is created and controlled by SickBrands.com, Inc. in the State of Illinois.  The laws of the State of Illinois will govern all terms, conditions and disclaimers on the Site, including this Agreement, without giving effect to any principles of conflicts of laws.