Terms & Conditions
TERMS OF USE AND PRIVACY POLICY
This website (this “Website”) is provided by Vibrante Jewelry LLC, a Maryland limited liability company, d/b/a Designs In My Head, (“Provider”) subject to the following terms and conditions.
1) Generally
PROVIDER is a custom designer of print and digital media. The information on this website is provided subject to these Terms of Use. Use of this website is governed by federal and Maryland law, and is subject to all applicable Website Policies, including the Privacy Policy, available on the Website. You, as a user of this website, agree to these Terms of Use by using the Website. You acknowledge that these Terms of Use and any Website Policy may be updated at any time, with or without notice to you, and you agree upon use of the Website to be bound to all terms and conditions found herein.
2) Disclaimer / No Warranty or Guarantee
NEITHER PROVIDER NOR ANY INDIVIDUAL AUTHOR REPRESENTS THAT ANY INFORMATION PROVIDED HERE, OR ANY RESOURCE REFERENCED, WILL MEET YOUR SPECIFIC GOALS, PROTECT YOUR SPECIFIC INTERESTS, OR WILL TREAT ANY MEDICAL CONDITION OR INJURY. THE INFORMATION HERE IS NOT PROVIDED WITH ANY GUARANTY, WARRANTY, OR REPRESENTATION AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. THE MATERIAL AT THIS WEBSITE IS GENERAL IN NATURE AND IS NOT PROVIDED WITH THE INTENTION TO PROVIDE ANY SPECIFIC ADVICE. PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND; ALL INFORMATION PROVIDED HEREIN IS OFFERED ON AN “AS-IS” BASIS. PROVIDER SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY.
PROVIDER disclaims any liability to You for any damages you may incur as a result of the use of the Website or information you obtain herein. PROVIDER specifically disclaims any special, incidental, punitive or consequential damages, regardless of the theory of liability and regardless of any notice of the possibility of such damages provided in advance to PROVIDER. Regardless of any other provision, PROVIDER’s maximum liability to You shall be limited to $100. The liabilities limited by this section apply to any (a) claims for negligence by PROVIDER or its owners, members, employees, assigns, or agents, (b) regardless of the form of action, whether in contract, tort, or otherwise, and (c) even if Your remedies fail of their essential purpose under this Agreement. In the event that applicable law limits the application of this section, PROVIDER’s liability shall be limited to the maximum amount permissible under such law.
3) Content License & Restrictions
PROVIDER Trademarks. Except as provided in this section, PROVIDER has exclusive ownership of its trademarks and servicemarks, including the word and design marks “Designs In My Head” and “Vibrante Jewelry,” along with any other trademarks that are identified as such on our Website (collectively our “Marks”). You agree to not use our Marks in any way without PROVIDER’s express, prior, written permission.
PROVIDER Copyright. PROVIDER reserves all rights in its Works as posted to the Website, and grants to You a non-exclusive right to view and access these Works on the Website. PROVIDER retains all ownership of its copyrighted works. You agree that You will not reproduce, prepare derivatives, distribute, or otherwise use PROVIDER’s works without PROVIDER’s express, prior, written permission.
Third Party Copyright Licenses. The Website may rely on third-party copyrighted materials. To the extent necessary, PROVIDER has obtained any third party license necessary for You to access the Website. PROVIDER makes no warranty of any kind, nor any claim of right or ownership in any other person’s intellectual property, including links to third party websites or materials.
4) Additional Terms and Conditions
Amendment. This agreement may not be waived by PROVIDER, absent a prior, express, and signed written amendment. PROVIDER may, at any time, with or without notice, amend this agreement by posting an updating version of Terms of Use or any Website Policy to the Website.
Severability. If any provision of this Agreement is for any reason found to be unenforceable, the remainder of this Agreement will continue in full force and effect.
Jurisdiction. You agree that any dispute arising out of this agreement, including any Website Policy, will be resolved exclusively in a Maryland court or a federal district court in Maryland. You expressly waive any objection to trial in Maryland on the basis of personal jurisdiction. YOU ALSO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF THIS AGREEMENT, INCLUDING ANY COUNTERCLAIMS AGAINST PROVIDER OR ITS AUTHORS, AND ANY OTHER PROCEEDING AS TO THE VALIDITY OR LEGALITY OF THIS AGREEMENT.
Force Majeure. Neither party shall be liable or be deemed in breach of this Agreement for any failure or delay of performance that results directly or indirectly from acts of God, civil or military authority, public disturbance, war, terrorism, or any other cause beyond the reasonable control of either party.
Notice. Any notice required to be provided under this Agreement or any Website Policy shall be made for PROVIDER by overnight or certified mail with return receipt, to: Attn: PROVIDER LEGAL COUNSEL, Faith At Law, LLC, 5004-MB 188 Honeygo Center Drive, Perry Hall, Maryland 21128.
5) Contests
PROVIDER may periodically offer a contest for eligible registrants to win one or more prizes through our Website. Individual contests will have specific terms and conditions which govern the individual Contest. NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
PRIVACY POLICY
This website collects any data you give us on one of our contact forms, including our blog subscription form. It also collects data about use of the website, including through cookies. This Privacy Policy lists the data Vibrante Jewelry LLC d/b/a Designs In My Head (“we,” “us,” “our”) collects at this site and lists our policies and procedures related to that data.
This Privacy Policy relates only to designsinmyhead.com and vibrantejewelry.com (our “Website”) and our company, not to any third party site or service linked to our Website or recommended or referred by us or through our Website.
A. Personal Data We Collect
As you can see by reviewing them, the contact forms at our Website collect first name, last name, and e-mail address. We may also collect information from you in order to process payment information, such as your name, mailing and billing address, credit card information, and related information.
Outside the contact forms, we collect data on how our website is used: number of page visits and duration, type of browser, etc. This “usage data” may include personal data, like your Internet Protocol (“IP”) address.
Some of this usage data comes through “cookies.” A cookie is a string of data our system sends your computer and then uses to identify your computer when you return to our Website. You can set up most browsers to refuse all cookies or to notify you of any cookies you receive. But if you don’t accept cookies, you won’t be able to make as efficient use of our Website.
Our Website is not meant to collect data from children or from anyone under 18. If you know of children’s information collected through our Website, please contact us at vanessa@designsinmyhead.com.
Do Not Track Notice
Do Not Track (“DNT”) is a setting in a web browser that directs websites not to track your behavior. You can activate the DNT settings through most browsers. We do not track users across third party Websites, so we don’t respond to DNT signals.
B. Our Use of Personal Data
We use your personal data to reply to messages you send us through our contact forms. Also, if you send us a contact form or subscribe to our blog, we’ll put your name and e-mail address on our notices list, so that you get e-mail notice of future blog posts and announcements. (You can unsubscribe when you receive one of those announcements.)
We use cookies – including the personal data they collect – so that our Website can remember you and give you the information you’re most likely to need. We also use information gained through cookies to compile statistical information about use of our Website, such as the pages users visit most often.
C. Retention of Personal Data
We retain your personal data so long as it serves the purposes listed in this Privacy Policy, including to send you blog post notices and other general messages (unless you’ve unsubscribed), to collect and monitor traffic and other usage statistics at our Website, and to comply with our legal obligations.
D. Transfer of Personal Data
We may store or process your data outside your city, province, state, or country, including through one of our contractors (described below). Therefore, your personal data may be stored in a country that operates under privacy and data protection laws different from those of your home jurisdiction.
E. Contractor and Other Third Party Access to Personal Data
We give certain independent contractors access to data we collect, including personal data. Those help with hosting and storage of this Website, tracking Website use, and marketing to and communications with Website users. All those contractors are required to promise to keep personal data confidential and to use it only as we instruct.
We also may disclose personal data to attorneys or law enforcement authorities to address contract violations or illegal behavior. And we disclose any information demanded in a court order or otherwise required by law or to prevent harm to persons or property. Finally, we may share personal data in connection with a corporate transaction, like a merger or sale of our company, the sale of most of our assets, or a bankruptcy.
Shopify
Our website is hosted on the Shopify system, provided by Shopify Payments (USA), Inc. All data collected though our Website is collected by Shopify’s systems. For more information on Shopify’s data and privacy practices, visit https://www.shopify.com/legal.
WordPress
Our Website is hosted on the WordPress system, provided by a company called Automattic. All data collected through our Website is collected by WordPress’ computers. For information on WordPress’ privacy practices, please visit WordPress’ Privacy Notice for Visitors to Our Users’ Sites.
Google Analytics
Our independent contractors include Google Analytics: a web analytics service that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. We are told that you can opt-out of Google Analytics tracking on our Website by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page.
Mailchimp
Our independent contractors also include Mailchimp, which sends bulk e-mails for us. For information on Mailchimp’s use of personal data, please visit the Mailchimp Privacy Policy web page.
We are not responsible for the conduct of Shopify, WordPress, Google, or Mailchimp.
As noted above, we compile Website usage statistics from data collected through cookies. We may publish those statistics or share them with third parties, but they don’t include personal data.
F. Protection of Personal Data
We protect the data you send in contact forms (name and e-mail address) by storing it on password-protected computers and by sharing it only with contractors who have agreed to use it only as we instruct and within the law. However, you should be aware that, once we use information in a contact form to send you an e-mail, that information is outside of our control and our contractors’ control and could be compromised online.
We do not directly store the personal data that may be included in usage data collected by cookies and other mechanisms at our site. That data is collected and stored on our behalf by our contractors, including WordPress and Google Analytics, under their security procedures. See Section E above for more information on those contractors and their policies.
Unfortunately, we cannot guarantee the security of personal data. By using our Website, you acknowledge and agree that we make no such guarantee and that you use our Website at your own risk.
G. Accessing and Correcting Your Personal Data
You can access and change any personal data we store by contacting us via e-mail, at vanessa@designsinmyhead.com.
H. Special Terms related to the European Economic Area
If you are in the European Economic Area (“EEA”), this Section H applies to you.
Legal Basis for Processing
We process (use) the personal data you give us in contact forms (name, e-mail address, other information you choose to provide) because, by filling out those forms, you’ve sent us that data and authorized us to use it.
We process usage data, like number of page visits and personal data like IP addresses, because our contractors (e.g., Google Analytics) use that data to tell us about usage of our Website. So we believe the lawful basis for processing that data is that it’s in our legitimate interests.
We will also process personal data wherever we have a legal obligation to do so—for instance, if a court subpoenas that data.
Your Rights Under the General Data Protection Regulation (“GDPR”)
If you wish to know what personal data we hold about you, to have us remove it, or otherwise to exercise your rights, please contact us at vanessa@designsinmyhead.com.
You also have the following rights related to your personal data, under European Union law:
• The right to access, update, or delete your personal data.
• The right of rectification—to have your information altered if it is inaccurate or incomplete.
• The right to object to our processing of your personal data.
• The right of restriction—to request that we restrict how we process your personal data.
• The right to data portability—to receive a copy of the information we have on you in a structured, machine-readable, and commonly used format.
• The right to withdraw consent to our processing of your personal data.
• The right to complain to an EEA data protection authority (a government agency) about our management of your personal data.
I. Amendment of This Privacy Policy
We may change this Privacy Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the date it’s posted, which will be listed at the top of the page as the new Effective Date.
J. Contacting Us
For questions about this Privacy Policy, please contact us at vanessa@designsinmyhead.com.