Privacy Policy and Terms Of Use


Sailors Siren, LLC (“Sailors Siren”) and SailorsSiren.com (the “Site”) take your privacy seriously, just like you take your shopping seriously. This “Privacy Policy and Conditions of Use” describes what information is collected, how it is used when you visit the Site, and the terms on which you may use the Site.

Personal Information

The only personal information we collect is what you give us. When you leave a comment on our social channels or blog, communicate with us by email or provide information in the checkout process you may elect to give us personally-identifiable information such as your name, email address, geographic location, or other information which could be used to locate or contact you.

Non-Personal Information

The Site may collect non-personal information such as your IP address, the type of browser you are using, the referring website, the operating system you are using, your Internet service provider, the search terms you use on our Site, the specific web pages you visit, and the duration of your visits.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Cookies collect certain types of non-personal information such as the search terms you use on our Site, the specific web pages you visit, the duration of your visits, and your preferences. The site does use cookies.

Information Use

The site uses non-personal information to help analyze site traffic, understand customer needs and trends, and carry out targeted promotional activities.

Links to Other Sites

We may provide links to other websites on the site. We are not responsible for the content or information use at any of those sites, and you should review each site’s privacy policy.

Electronic Communications

When you use this Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by e-mail, text, social media, hollering at you from short distances, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification

We may amend or revise this Privacy Policy from time to time. Please review it periodically. Your continued use of the site after any change in this Privacy Policy will mean you accept such change. Last Updated August 10, 2015.

License to Shop! (And Terms and Conditions)
 

Subject to your compliance with the conditions on this page and your payment of any applicable fees, Sailors Siren, the Site, or their content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our services. This license does not include any resale or commercial use of any product or service, or the contents of the Site; any collection and use of any product listings, prices, or descriptions; any derivative use of the Site or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you on this page are reserved and retained by Sailors Siren, the Site or its licensors, suppliers, publishers, or other content providers. No part of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sailors Siren. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sailors Siren without express written consent. You may not use any meta tags or any other "hidden text" utilizing Sailors Siren's name or trademarks without the express written consent of Sailors Siren. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by Sailors Siren and the Site terminate if you do not comply with the conditions on the Site.

Print Shop Digital Files Terms and Conditions

Please read these Terms of Service carefully before accessing or using our website or purchasing any Digital Prints. By accessing or using any part of the site or by purchasing any Digital Prints, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not purchase any Digital Print or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We recommend you review these Terms of Service each time you purchase a Digital Print and print a copy of these Terms of Service for your future reference.

LICENSE TO USE THE DIGITAL PRINTS

All Digital Prints available through the site are owned or controlled by us and are protected by intellectual property rights.

Any use of Digital Prints purchased through the site is subject to these Terms of Service. Upon payment of the price of the Digital Print, we grant you a non-exclusive, non-transferable license to use the Digital Print consistent with these terms.

You agree that you will download and use Digital Prints for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Prints to anyone else.  Nothing in these Terms of Service grants to you any rights other than those expressly set out herein. These Terms of Service do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Print.

We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these Terms of Service and to prevent your unauthorized use of this site and/or Digital Prints.

Downloads of Digital Prints are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. You must adhere to any and all usage restrictions that apply to the Digital Print as set out in these Terms of Service.

Under the terms of your license to use the Digital Print, you may create physical printed copies of the same Digital Print up to five (5) times over a one (1) year period. To prevent unauthorized use, Digital Prints may carry a digital watermark or other security technology that will not appear on physical copies of the Digital Prints but which would allow us to identify the origin of the Digital Print and track any subsequent unauthorized transfer. You agree to not attempt to remove any such watermark or circumvent such security technology in any way.

REQUIREMENTS TO ACCESS, AVAILABILITY AND DELIVERY OF THE DIGITAL PRINT SERVICES

In order to access and download Digital Prints you will need:

  • Internet access; and

  • A personal desktop computer or mobile device capable of opening the Digital Prints, which will be delivered as JPEG files.

You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Prints functions correctly with this site.

You acknowledge that due to industry/technology developments, the nature of the Digital Prints offered (including format of files, operating systems, downloading software, etc.) and the system requirements may change from time to time. All Digital Prints featured on our site are subject to availability. We reserve the right to change or remove a Digital Print or other content on the site at any time without notice or liability to you or to any third party. We reserve the right, but are not obligated, to limit the sales of our Digital Prints to any person, geographic region or jurisdiction or to reject any order we receive. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Digital Prints that we offer. All descriptions of Digital Prints or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Digital Print at any time. Any offer for any product or service made on this site is void where prohibited. Note that, if you are downloading the Digital Print to a mobile device, some network/service providers may charge you an additional amount for this service. We recommend you contact your network/service provider to understand the nature and extent of any additional charges before electing to the download the Digital Print to mobile device. Note that overseas roaming charges may also apply.

BILLING AND ACCOUNT INFORMATION, CANCELLATIONS AND RETURNS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the Digital Prints and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.

All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment, we will contact you to discuss the next steps.

You may not cancel an order by you for any download of a Digital Print once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.

We take great care in providing our Digital Prints. In the unlikely event of faults with, or damage to, the Digital Prints, or if you have received a faulty or incomplete Digital Print, please contact us at information@sailorssiren.com. We will repair or replace any such faulty or damaged Digital Print if possible or, if there are continuing issues with the Digital Print, we may issue you a refund. You must notify us within a reasonable period of time of download of the Digital Print.  If you fail to notify us within a reasonable time, we will have no liability to you. Notwithstanding the foregoing, you understand that your exclusive remedy and our sole obligation for a defective Digital Print shall be that we will provide a replacement copy of a defective Digital Print or repair or replace the same.

Please note that we cannot guarantee that the quality or design of any Digital Print purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section. We have made every effort to display as accurately as possible the colors and images of our Digital Prints. We cannot guarantee that your computer monitor's display of any color will be accurate.

OPTIONAL TOOLS

In connection with our provision of the Services, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY MATERIALS AND WEBSITES

Certain content, products and services available via our site may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

VIOLATION OF THESE TERMS OF SERVICE

If you are in breach of, or we suspect you are in breach of, these Terms of Service, then we may take any/all of the following actions:

  • issue a warning to you;

  • immediate, temporary or permanent withdrawal of your access to your account and/or the site; however, you will remain responsible for any outstanding payments to us for Digital Prints;

  • legal action against you;

  • disclosure of information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited and we may take any action we reasonably deem appropriate

Account and Purchase Prices

If you use the Site, you are responsible for maintaining the confidentiality of your account (including personal and payment information, along with your login credentials to the Site, if any) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  If you are under 18, you may use the Site only with involvement of a parent or guardian. Sailors Siren and the Site reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

As for orders, we try to be as accurate as possible with our descriptions of merchandise. We do not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition.

Likewise, every once in a while some of the items in our catalog may be mispriced. We cannot confirm the correct price of an item until you order. If the correct price of an item that we sell is higher than the stated price on the Site, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.

Disputes

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Sailors Siren or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.  The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Sailors Siren will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Sailors Siren.

Site Policies, Modification, Severability

Please review our other policies, such as our return policy, posted on the Site. These policies also govern your use of the Site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Contact

If you have any questions about this Privacy Policy and Conditions of Use, please contact us at information@sailorssiren.com.