Terms of Service
Welcome to the website of Local + Lejos (the “Site”). Throughout the Site, the terms “we”, “us” and “our” refer to Local + Lejos. By accessing this Site, including all information, tools and services available therein, as well as any related applications whether existing now or in the future, (collectively, the “Properties”), you agree to all the terms, conditions, policies and notices contained in these Terms and any related agreements.
By visiting the Properties and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (the “Terms”), including those additional terms and conditions and policies referenced below. These Terms apply to all users of the Properties, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read the Terms carefully before accessing or using the Properties. If you do not agree to these terms, please do not use the Properties. By accessing or using any part of the Properties, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Properties or use any services.
Any new features or tools that are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on the Properties. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Properties following the posting of any changes constitutes acceptance of those changes.
ONLINE SERVICE TERMS
By agreeing to these Terms, you agree that (a) you will only use the Properties for your own personal use; (b) that you are at least eighteen (18) years of age; and (c) that you are a resident of the United States of America. Use of the Properties is void where prohibited.
We reserve the right to refuse service to anyone for any reason at any time. A breach or violation of any of the Terms may result in an immediate termination of your Services at our sole and exclusive discretion.
When you create an account, you agree to only provide true, accurate and correct information. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information.
We may cancel or suspend your access to your account, or the Properties generally, at our sole and exclusive discretion, with or without prior notice, for any or no reason, and with no liability to you or any third party.
You own all content you submit through the Properties, including but not limited to profile information, text, reviews, images, videos, comments, and any other materials (“Your Content”). By submitting Your Content, you grant us an irrevocable, perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future, without any further compensation. By “use” we mean use, copy, display, share, distribute, modify, translate, adapt, re-edit, compile, reformat, incorporate into advertisements and other works, promote, create derivative works. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us and/or our users.
You are solely responsible for Your Content. You assume all risks and consequences associated with submitting Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you or any third party personally identifiable. You may be held liable for Your Content.
In submitting Your Content to us, you represent that:
- You are the sole author of Your Content, and Your Content is not copied from or based on, in whole or in part, any other work or website; and
- Use of Your Content by us will not violate or infringe any right of yours or any other third party, including but not limited to any copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights.
- You have a written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every identifiable person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms.
You agree that any of Your Content submitted to us will not:
- Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful, or racially, ethnically otherwise objectionable;
- Contain material that violates the standards of good taste or the standards of the Properties;
- Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment;
- Contain material that is illegal, or that violates any federal, state or local law or regulation;
- Contain language or images intended to impersonate another person or offensive or inappropriate user names or signatures;
- Disguise or attempt to disguise the origin of Your Content
- Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest;
- Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
- Assert or imply that Your Content is in any way sponsored or endorsed by us; or
- Contain material that is not in English; each as determined in our sole discretion.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole and exclusive discretion, to be in violation of the Terms. We are not obligated to return any of Your Content to you under any circumstances.
We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, any text, images, audio, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reports and other usage-related data in connection with your use of the Properties, and all other elements and components of the Properties excluding Your Content and third party content (“Our Content”). Some of Our Content may be provided by third party contributors who receive consideration from us. We own all the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted by you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.
If you believe that your copyright has been or is being infringed upon by material found in the Properties, you must follow the procedure outlined below to file a notification as required by the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law.”;
- Include the following statement: “I swear under the penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.”;
- Provide your contact information including your address, telephone number, and email address (if available);
- Provide your physical or electronic signature; and
- Send the written communication to:
1112 Montana Avenue #88
Santa Monica, CA 90403
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Properties or any content found therein:
- for any illegal, unlawful or unauthorized purpose;
- to solicit others to perform or participate in any illegal, unlawful or unauthorized acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to stalk, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- harm minors in any way;
- for any obscene or immoral purpose;
- access or use the account of another user without permission;
- to submit false or misleading information;
- to upload or transmit any worms, viruses, or any other type of malicious code, as determined in our sole and exclusive discretion, that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Properties;
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or
- modify, copy, distribute, publish, license, sell, rent, lease, lend, transfer, or otherwise commercialize any rights to the Properties or Our Content or any third party content available on or through the Properties.
We reserve the right to terminate your use of the Service or any related website, at our sole and exclusive discretion, for violating any of the prohibited uses or for any other reason.
ORDERS AND PAYMENTS
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Upon placing an order, you will receive an order number and an email confirmation. This does not constitute the acceptance of an order or the confirmation of an offer to sell. We reserve the right, with no prior notification, to limit the order quantity on any item and/or to refuse service to anyone. We may request further verification of information prior to the acceptance of an order. Prices and availability of products on the Properties are subject to change without notice. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
ACCURACY AND MODIFICATION OF INFORMATION
We are not responsible if information made available on the Properties is not accurate, complete or current. The material on the Properties is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Properties is at your own risk.
The Properties may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Properties at any time, but we have no obligation to update any information on the Properties. You agree that it is your responsibility to monitor changes to the Properties. Please note that prices for our products are subject to change without notice. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time and apologize for this inconvenience.
Our buyers seek to provide you with unique artisan products from across the globe. Our descriptions regarding the products, materials, and impact statements are communicated to us by our partners and are provided to you at our best knowledge at that time. Each impact statement represents an approximation by the partner of their intended use of the proceeds from the products sold on the Properties. We do not verify the partner’s actual use of the proceeds and therefore do not promise or represent to you that the partner’s use is in compliance with the impact statement.
Occasionally there may be information on the Properties or in the Service that contain typographical errors, inaccuracies or omissions that may relate to product origins, materials, descriptions, impact statements, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Properties is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Properties. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. Please be aware that variations in style, color and size may occur, as each item is handmade. We cannot guarantee that your computer monitor's display of any color will be accurate. If you are not satisfied with your purchase, please review our Returns Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Properties is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties. Third party links on the Properties 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.
DISCLAIMER OF WARRANTIES
Although we intend that the information and data contained in the Properties will be accurate and reliable, they are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Properties and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE PROPERTIES OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE PROPERTIESS OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE PROPERTIESS OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Properties or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100.
You agree to indemnify, defend and hold harmless Local + Lejos and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us at the following address that you no longer wish to use our Services, or when you cease using our Properties:
1112 Montana Avenue #88
Santa Monica, CA 90403
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.
Data, messaging, or other ISP and carrier fees may apply in your use of the Properties.
These Terms are governed exclusively by the laws of the State of California and the United States. Any controversy or claim relating to these Terms or the Properties shall be submitted to the judicial courts located in Los Angeles County in the State of California. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Questions about the Terms should be sent to us at email@example.com.
When you use the Site and or any of our related applications, whether existing now or in the future (collectively, the “Properties”), we collect information about you and use it to facilitate and improve our services. Information about you may also be shared with other companies, such as service providers.
A. INFORMATION COLLECTED
When you create an account or purchase something from our store, as part of the buying and selling process, we may collect information that you provide to us, including your name, email address, phone number, demographic information (age, gender etc.) and your city. You may provide this information to us directly, or by logging in or linking to your social media account (such as Facebook), in which case you authorize us to access certain profile information from your social media account.
When you visit the Properties, we may automatically collect and store information about your activities and your computer or mobile device. This information may include, but is not limited to:
- Your IP address;
- Technical information about your computer or mobile device (such as type of device, web browser or operating system);
- Your preferences and settings (time zone, language etc.);
- Your mobile device’s unique ID number;
- Your geographic location;
- The URL of the last web page you visited before coming to our Properties;
- The search terms you have looked up and results you selected;
- Communications between you and other users through our Properties; and
- How long you visited our Properties and which services and features you used.
Your information is used to provide and improve our services, to diagnose and fix problems, and to better understand our users so that we may provide you with a more effective user experience, customized services, as well as process and complete your transactions.
Your email address may be used to allow you to log in to your account, send you notifications regarding your account or products and services in which you are enrolled, send you confirmations (of your registration, purchases etc.), send you messages as part of our services and send you newsletters. Your email address may also be used to communicate with you on customer support matters. Your credit card information is used only for providing you with the services you requested.
From time to time, we may share your information with other companies for a number of reasons. We generally require such other companies to keep our users’ information confidential.
We work with other companies and individuals to perform functions on our behalf, including but not limited to, processing payments, fulfilling orders, delivering packages, sending postal mail and email, serving ads on our behalf, and providing search results and links (the “Third Party Service Providers”). These third party service providers have access to your information needed to perform their functions but not for other purposes.
Certain Third Party Service Providers have their own privacy policies in respect to the information we are required to provide to them. For these Third Party Service Providers, we recommend that you read their privacy policies so you can understand the manner in which they will handle your Information.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a Third Party Service Providers, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
In order for us to better understand how our Properties are being used, we may allow analytics companies (such as Google Analytics) to use tracking technologies to collect information about our users’ computer or mobile devices and their online activities.
We may publicly disclose aggregated information about our users, such as the total number of our users and their demographics.
We may use or disclose user information: in responding to a legal request (such as a subpoena, court order, government demand etc.), complying with the law, in connection with a threat of litigation, investigating a report of illegal activity, protecting the legal rights of Local + Lejos, our Properties, and users of our Properties, or to enforce our rights or defend claims.
We may transfer your information to another company in the event of a corporate restructure, such as a sale or merger.
When applying for a job at our company, we may use the information to consider your application. The information may be retained for a period of time and shared with third party service providers retained by us to collect, maintain, and analyze candidate submissions for job postings.
Cookies and Pixel Tags
When you visit our Properties we may place “cookies” on your computer to recognize you. We do this to enhance your experience on the Properties (such as storing your preferences), collect statistical data, and track how you use our Properties.
Cookies are widely used, and most web browsers are configured to accept them automatically. If you prefer not to accept cookies, please configure your browser settings accordingly, but note that in doing so you may be unable to experience certain features of the Properties.
Additionally, we may embed pixel tags on web pages, ads and emails in order to access cookies and track user activities (such as how many times a page was viewed). We may use pixel tags to measure the popularity of our features and services.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
E. THIRD PARTY RIGHTS
Our Properties are not intended for use by anyone under the age of eighteen (18). We do not knowingly allow anyone under the age of eighteen (18) to register for any service, and we do not knowingly collect any personally identifiable information from anyone under the age of eighteen (18).
G. INFORMATION FROM USERS OUTSIDE THE UNITED STATES
California law permits individuals who provide Us with personal information and who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To request this information, please contact us.
We take reasonable precautions and follow industry best practices to make sure your personal information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
If you have questions, please contact our Privacy Compliance Officer at:
Local + Lejos
10866 W Washington Blvd Suite 167
Culver City, CA 90232