Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Rachael Cannard, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your notminenotyours.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Rachael Cannard may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Rachael Cannard liability. You must immediately notify Rachael Cannard of any unauthorized uses of your blog, your account or any other breaches of security. Rachael Cannard will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to
the Website, post links on the Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, "Content"), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Rachael Cannard or otherwise.
By submitting Content to Rachael Cannard for inclusion on your Website, you grant Rachael Cannard a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Rachael Cannard will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Rachael Cannard has the right (though not the obligation) to, in Rachael Cannard sole discretion (i) refuse or remove any content that, in Rachael Cannard reasonable opinion, violates any Rachael Cannard policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Rachael Cannard sole discretion. Rachael Cannard will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Rachael Cannard the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Rachael Cannard before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Rachael Cannard in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Rachael Cannard the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Rachael Cannard reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Rachael Cannard.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Rachael Cannard to respond within firstname.lastname@example.org) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free notminenotyours.com services. All support will be provided in accordance with Rachael Cannard standard services practices, procedures and policies.
- Responsibility of Website Visitors. Rachael Cannard has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Rachael Cannard does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Rachael Cannard disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which notminenotyours.com links, and that link to notminenotyours.com. Rachael Cannard does not have any control over those non-Rachael Cannard websites and webpages, and is not responsible for their contents or their use. By linking to a non-Rachael Cannard website or webpage, Rachael Cannard does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Rachael Cannard disclaims any responsibility for any harm resulting from your use of non-Rachael Cannard websites and webpages.
- Copyright Infringement and DMCA Policy. As Rachael Cannard asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by notminenotyours.com violates your copyright, you are encouraged to notify Rachael Cannard in accordance with Rachael Cannard Digital Millennium Copyright Act ("DMCA") Policy. Rachael Cannard will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Rachael Cannard will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Rachael Cannard or others. In the case of such termination, Rachael Cannard will have no obligation to provide a refund of any amounts previously paid to Rachael Cannard.
- Intellectual Property. This Agreement does not transfer from Rachael Cannard to you any Rachael Cannard or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Rachael Cannard. Rachael Cannard, notminenotyours.com, the notminenotyours.com logo, and all other trademarks, service marks, graphics and logos used in connection with notminenotyours.com, or the Website are trademarks or registered trademarks of Rachael Cannard or Rachael Cannard licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Rachael Cannard or third-party trademarks.
- Advertisements. Rachael Cannard reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Rachael Cannard reserves the right to display attribution links such as 'Blog at notminenotyours.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Rachael Cannard reserves the right, at its sole discretion, to modify
or replace any
part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Rachael Cannard may also, in the future, offer new services and/or
through the Website (including, the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
- Termination. Rachael Cannard may terminate your access to all or any part of
the Website at
any time, with or without cause, with or without notice, effective immediately. If you wish to terminate
this Agreement or your notminenotyours.com account (if you have one), you may simply
Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
terminated by Rachael Cannard if you materially breach this Agreement and fail to cure such
thirty (30) days from Rachael Cannard notice to you thereof;
provided that, Rachael Cannard can terminate the Website immediately as part of a general shut
down of our
service. All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Rachael Cannard and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Rachael Cannard nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Rachael Cannard, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Rachael Cannard under this agreement during the twelve (12) month period prior to the cause of action. Rachael Cannard shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Rachael Cannard, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Rachael Cannard and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Rachael Cannard, or by the posting by Rachael Cannard of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Queensland Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Queensland, Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Queensland, Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Rachael Cannard may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Not Mine Not Yours by Rachael Cannard - Spiritual Guide ("Rachael Cannard") operates notminenotyours.com and may operate other websites. It is Rachael Cannard policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Rachael Cannard collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Rachael Cannard purpose in collecting non-personally identifying information is to better understand how Rachael Cannard visitors use its website. From time to time, Rachael Cannard may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Rachael Cannard also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on notminenotyours.com blogs/sites. Rachael Cannard only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Rachael Cannard websites choose to interact with Rachael Cannard in ways that require Rachael Cannard to gather personally-identifying information. The amount and type of information that Rachael Cannard gathers depends on the nature of the interaction. For example, we ask visitors who sign up at notminenotyours.com to provide a username and email address. Those who engage in transactions with Rachael Cannard are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Rachael Cannard collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Rachael Cannard. Rachael Cannard does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Rachael Cannard may collect statistics about the behavior of visitors to its websites. Rachael Cannard may display this information publicly or provide it to others. However, Rachael Cannard does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Rachael Cannard discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Rachael Cannard behalf or to provide services available at Rachael Cannard websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Rachael Cannard websites, you consent to the transfer of such information to them. Rachael Cannard will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Rachael Cannard discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Rachael Cannard believes in good faith that disclosure is reasonably necessary to protect the property or rights of Rachael Cannard, third parties or the public at large. If you are a registered user of an Rachael Cannard website and have supplied your email address, Rachael Cannard may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Rachael Cannard and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Rachael Cannard takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Rachael Cannard, or substantially all of its assets, were acquired, or in the unlikely event that Rachael Cannard goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Rachael Cannard may continue to use your personal information as set forth in this policy.
PRIVACY STATEMENT FAQ’s
WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by using the Unsubscribe button on emails, contacting us at email@example.com or mailing us at:
Not Mine Not Yours
PO Box 837
TUGUN QLD AU 4224
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Our store is hosted on Woo Commerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored throughWoo Commerce’s data storage, databases and the generalWoo Commerce application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, thenWoo Commerce 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 readWoo Commerce’s Terms of Service (https://www.Woo Commerce.com/legal/terms) or Privacy Statement (https://http://www.woothemes.com/terms-conditions/.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located 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 provider, 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 personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
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.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it 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.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at
Not Mine Not Yours
[Re: Privacy Compliance Officer] PO Box 837 Tugun Gold Coast Queensland AU 4224