Your Use of this Website is Governed by these Terms and Conditions
THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
These Terms and Conditions May Change Practice-Empathy.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.
What Information Do We Collect? How Do We Use It?
When you order, we need to know your name, e-mail address, mailing address, phone number, credit-card number and expiration date. This allows us to process and fulfill your orders and to notify you of your order status. You may also voluntarily sign up to be informed about certain offers, which we use to send the information you requested. When you enter a contest or other promotional feature, we may ask for your name, address and e-mail address, and personal preferences, so we can administer the contest and notify winners. We personalize your shopping experience by using your purchases to shape our recommendations about other merchandise that might be of interest to you. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the site. We may also use the information we collect to occasionally notify you about important changes to the Website, new Practice Empathy™ services, and special offers we think you'll find valuable. If you would like to opt-out from receiving Practice Empathy™ emails, please contact Customer Service by emailing email@example.com, by managing your email preferences within the "My Account" section of our Website, or by following the unsubscribe instructions in each email. Practice Empathy™ is the controller of the information collected from you on this Website. If you have any questions or concerns or requests concerning the privacy of the information that you provide, please contact our DPD: firstname.lastname@example.org
How Does Practice Empathy™ Protect Customer Information?
We have physical, electronic, and procedural security safeguards to protect and secure the information we collect. Our Website uses Secure Sockets Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions. Because we use SSL, placing an order online at our Website is just as safe as giving your credit card number over the phone.
Will Practice Empathy™ Disclose the Information it Collects to Outside Parties?
We are committed to protecting your privacy. We use the information we collect on the site to make shopping at Practice Empathy™ possible and to enhance your overall shopping experience. We do not sell, trade, or rent your personal information to others. The Website depends, in part, on functionality provided by third party vendors. Some of your information may pass through the systems of these vendors in order to deliver a quality shopping experience to you. Practice Empathy™ has partnered with several different parcel carriers for orders shipping outside of the United States.
Updating Your Personal Information and Privacy Preferences
You have the right to opt-out of receiving communications from Practice Empathy™ at any time by unsubscribing to emails within the email itself or you can contact customer care and request to be removed from email communication. In addition, European Union users may access, correct, or delete any personal information they provided via this Website at any time. They may do so by contacting email@example.com. Any change to or deletion of the information provided may affect the fulfillment of orders or the delivery of other services and information. We will respond to requests within thirty days.
State Specific Laws
CA residents click here to view your rights under the CCPA.
Unless you request its deletion, Practice Empathy™ will retain your information for as long as your account is active, your information is needed to provide you services, or as required to fulfill Practice Empathy™'s legal obligations.
Tell Us What You Think
We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, "Comments") sent to Practice-Empathy.com shall be and remain the exclusive property of Practice-Empathy.com. Your submission of any such Comments shall constitute an assignment to Practice-Empathy.com of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. Practice-Empathy.com will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.
From time to time there may be information on our Website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Practice Empathy™ reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Are Children Allowed to Use Practice-Empathy.com?
Practice Empathy™ does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Practice-Empathy.com only with the involvement of a parent or guardian. In cases where you have authorized a minor to use the Website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website; and (iii) the consequences of any misuse by the minor. You acknowledge that Practice Empathy™ has no obligation to monitor the content accessible on or through the Website.
All of the Content you see and hear on the Practice-Empathy.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Practice Empathy™. The entire Content of this Website is copyrighted as a collective work under U.S. copyright laws, and Practice Empathy™ owns a copyright in the selection, coordination, arrangement, and enhancement of the Content. The Content of this Website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print, and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non—commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Practice-Empathy.com reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Content without first obtaining written permission from Practice Empathy™.
Notice of Copyright or Trademark Infringement
Practice Empathy™ respects the intellectual property of others. When we become aware of allegations of copyright or trademark infringement in material distributed through www.practice-empathy.com or any of Practice Empathy™’s other social media platforms, we will investigate and address the allegations. Practice Empathy™’s response can include, without limitation, termination of the infringer’s access to this site or other Practice Empathy™ social media. If you misrepresent that material infringes your intellectual property rights, you may be liable for damages, including attorneys' fees and costs. If Practice Empathy™ determines to restrict or terminate a user’s access to www.practice-empathy.com or other Practice Empathy™ social media, Practice Empathy™ will make a good faith effort to notify the person who posted the infringing content so that they may make counter notification pursuant to applicable laws. Practice Empathy™ shall document all notices of alleged infringement upon which it decides to take action. A copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings. If you believe that your trademark rights or copyright have been infringed on www.practice-empathy.com, please provide Practice Empathy™’s DMCA Agent with the following information:
- Identification of the trademark or copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on www.practice-empathy.com (identified by url) or other Practice Empathy™ social media that you are requesting be removed;
- Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you;
- A statement that you have a good-faith belief that the use of the trademark or copyrighted work is not authorized by the owner, its agent, or the law; A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner the intellectual property right that is allegedly infringed, and
- An electronic or physical signature of the intellectual property owner or someone authorized on the owner’s behalf to assert infringement and to submit the statement.
Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to Practice Empathy™’s agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.
The Practice Empathy™ website (www.practice-empathy.com) and social media sites (including, but not limited to, Facebook, Twitter, Instagram and Pinterest) (collectively the “Sites”) may provide opportunities for you to post or store content in the form of text, artwork, photographs, videos, and or music on the Sites ("User Content"). User Content is publicly accessible and includes your social media profile information and any content you post pursuant to your profile, but it does not include information you submit to register with or order Practice Empathy™ products from www.practice-empathy.com. Practice Empathy™ is not obligated to maintain any User Content in confidence. You agree that you are solely responsible for your User Content and that you post such User Content at your own risk. By submitting or posting User Content on the Sites, you grant Practice Empathy™ and our subsidiaries and affiliates a worldwide, nonexclusive, royalty free, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites. Our license to use your Contributions is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Contributions. By submitting or posting any User Content to the Sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any content that:
- contains any defamatory, libelous, obscene, pornographic, offensive, hateful, threatening, or inflammatory material;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- advocates, promotes, or assists any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights;
- contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- is threatening, abuses or invades another’s privacy, or is likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
- is likely to deceive any person or be used to misrepresent your identity or affiliation with any person;
- gives the impression that it emanates from Practice Empathy™, if this is not the case; and/or
- contains anything that, in Practice Empathy™’s sole determination, is objectionable or inhibits any other person from using or enjoying the site, or which may expose Practice Empathy™ or the users of the Sites to harm or liability of any kind.
SOCIAL MEDIA AGREEMENT
WHEN YOU SUBMIT CONTENT (INCLUDING BUT NOT LIMITED TO, PHOTOS, TEXTS, ARTWORK, MUSIC AND MUSIC) (“CONTENT”) TO THE Practice Empathy™ WEBSITE (www.practice-empathy.com) OR ANY Practice Empathy™ MAINTAINED SOCIAL MEDIA SITE (A “SITE”), YOU AGREE TO BE BOUND BY THESE TERMS.
- You represent and warrant that (a) you are at least 18 years old; (b) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); and (c) Practice Empathy™’s use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The Content also includes any profile information you allow Practice Empathy™ to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
- You hereby grant to Practice Empathy™ a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on Practice Empathy™’s website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of Practice Empathy™ (including websites, apps, and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing,, this license includes, and you expressly consent to, Practice Empathy™’s right to use and publicly display your name, image, likeness and persona. Nothing in this license requires Practice Empathy™ to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
- You agree that any statements, remarks, or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Practice Empathy™ or other third-party brands or sellers (such as if you are an employee, paid blogger, or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views, and experiences at Practice Empathy™’s request.
- You agree to sign and deliver documents and take any other actions reasonably requested by Practice Empathy™ to effectuate, perfect, or evidence the license and rights granted in these Terms.
- You agree that you will not submit Content that (a) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or any other right of another person or entity; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
- To the fullest extent allowed by law, you hereby release Practice Empathy™ and its employees, contractors, sponsors, or any other person acting under Practice Empathy™’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona, or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of Practice Empathy™’s actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- These Terms will be governed by applicable federal law and the laws of the State of California, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Practice Empathy™’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).