Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using AwkwardlyZen.com (“website”, “service”) operated by Awkwardly Zen LLC (“us”, ‘we”, “our”).
This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
Conditions of use
By using this Website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. Awkwardly Zen LLC only grants use and access of this website, its products, and its services to those who have accepted its terms.
These Terms apply to all visitors, users, and others who access or use the Service.
Through your use of the Website and Services, you may provide us with certain information. By using the Website or the Services, you authorize the Company to use your information in the United States and any other country where we may operate.
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement.
Awkwardly Zen LLC assumes no responsibility for liabilities related to age misrepresentation.
You agree that all materials, products, and services provided on this website are the property of Awkwardly Zen LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Awkwardly Zen LLC’s intellectual property in any way, including electronic, digital, or new trademark registrations, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Awkwardly Zen LLC.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You retain your rights to the content created even though it is public and accessible to other visitors. In order to make the Website and Services available to you, you grant Awkwardly Zen LLC a royalty-free and non-exclusive worldwide license to display, use, copy, transmit, and broadcast, transmit and make derivative works of any content you upload, publish, or otherwise make available to the website. For issues regarding intellectual property claims, you should contact Awkwardly Zen LLC in order to come to an agreement.
As a user of this website, you may be asked to register with us and provide private information. You will choose a user identifier, which may be your email address or another term, as well as a password. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification to firstname.lastname@example.org will suffice.
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
We reserve all rights to terminate accounts, edit or remove content and cancel orders at their sole discretion.
You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of Awkwardly Zen LLC.
You further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
To violate any intellectual property rights of the Company or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or discrimination towards any group or another person(s);
To unlawfully gather information about others.
Affiliate marketing & advertising
Awkwardly Zen LLC, through this Website and Services, may engage in affiliate marketing whereby Awkwardly Zen LLC receives a commission on or percentage of the sale of goods or services on or through the Website. Awkwardly Zen LLC may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
Third-party links & content
Awkwardly Zen LLC may occasionally post links to third-party websites or other services that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused as a result of your use of any third-party services linked to/from our Website.
Awkwardly Zen LLC may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
If you wish to purchase any product or service made available through the website, you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email address, and billing information.
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring monthly basis in a price according to the subscription package chosen, if applicable.
You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price.
We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. You agree to ensure payment for any items you purchase and acknowledge and affirm that prices are subject to change.
For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order, or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates that are quoted due to unforeseen circumstances.
For any questions, concerns, or disputes, contact us in a timely manner at the following: email@example.com.
Reverse engineering & security
By agreeing to these terms, you agree not to undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
Awkwardly Zen LLC does not accept responsibility for the security of your account or content. You agree that your use of the Website or Services is at your own risk.
Modification & variation
Awkwardly Zen LLC reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between Awkwardly Zen LLC and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
You agree that Awkwardly Zen LLC has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
By visiting this website, you agree that the laws of the Colorado, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Awkwardly Zen LLC and you, or its business partners and associates.
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court of Colorado and you consent to exclusive jurisdiction and venue of such courts.
You agree to defend and indemnify Awkwardly Zen LLC and its affiliates and hold Awkwardly Zen LLC harmless against any and all legal claims and demands, including reasonable attorney’s fees, that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
You are strictly prohibited from using the Website or any of Awkwardly Zen LLC’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial messages or emails.
Limitation on liability
Awkwardly Zen LLC is not liable for any damages that may occur to you as a result of your misuse of our website, to the fullest extent permitted by law. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Awkwardly Zen LLC may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that Awkwardly Zen LLC shall have no liability for any damage or loss caused as a result of such downtime.
Term, termination & suspension
Awkwardly Zen LLC may terminate this Agreement with you at any time for any reason, with or without cause. Awkwardly Zen LLC specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Awkwardly Zen LLC or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
If you have registered for an account with the Website, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. Email notification to firstname.lastname@example.org will suffice.
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. Awkwardly Zen LLC hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Awkwardly Zen LLC makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. Awkwardly Zen LLC also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website or Services is your sole responsibility and that Awkwardly Zen LLC is not liable for any such damage or loss.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
When you access our Awkwardly Zen community and platform, we automatically collect and store some of your data in our server logs and in cookies. We may collect information about you in a variety of ways. The information we may collect on the Site includes:
Identifiers: Identification data, including your name, e-mail address, home address, log in and password, photograph, and date of birth (or age).
Protected classes: sexual orientation, race, color, national origin, gender, age, disability, self-assessment data, and results, & spiritual or religious preferences.
Derivative Data: Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
Inferences: Personal information about your interests, goals, and aspirations as discussed, researched, or presented through our products, services, live & virtual events, or inferences derived from that information.
Our Website: The pages you accessed, and the date and time you accessed them. Information on your devices, such as hardware model, operating system version, unique device identifier, internet protocol address, hardware settings, browser type, and browser language.
Financial Data: Financial data, and account information including your credit card details, are not stored by us except the last four digits and expiration date. When placing an order, you are redirected to a third-party service provider who handles the payment process.
Mobile Device Data: Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.
Third-Party Data: Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
Data From Contests, Giveaways, and Surveys: Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
Mobile Application Information: If you connect using our mobile application:
Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Data. We may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
Push Notifications. We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Data From Social Networks: User information from social networking sites, such as [Apple’s Game Center, Facebook, Instagram, Pinterest, Twitter, YouTube], including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. If you are using our mobile application, this information may also include the contact information of anyone you invite to use and/or join our mobile application.
Use of Information Collected
We only ever use your personal data within the limits authorized by laws and regulations, to deliver and enhance our services and your customer experience. Sometimes, we use your personal data because the laws and regulations require us to do so. We do not make any automated decisions, solely based on the automatic processing of your data, which could affect you.
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience.
Specifically, we may use information collected about you via the Site or our mobile application to:
Administer sweepstakes, promotions, and contests.
Assist law enforcement and respond to subpoena.
Compile anonymous statistical data and analysis for use internally or with third parties.
Create and manage your account.
Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site and our mobile application to you.
Email you regarding your account or order.
Enable user-to-user communications.
Fulfill and manage purchases, orders, payments, and other transactions related to the Site and our mobile application.
Generate a personal profile about you to make future visits to the Site and our mobile application more personalized.
Increase the efficiency and operation of the Site and our mobile application.
Monitor and analyze usage and trends to improve your experience with the Site and our mobile application.
Notify you of updates to the Site and our mobile applications.
Offer new products, services, mobile applications, and/or recommendations to you.
Perform other business activities as needed.
Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
Process payments and refunds.
Request feedback and contact you about your use of the Site and our mobile application.
Resolve disputes and troubleshoot problems.
Respond to product and customer service requests.
Send you a newsletter.
Solicit support for the Site and our mobile application.
Sharing of Information Collected with Third Parties
Disclosure Of Your Information
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights: If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers: We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Marketing Communications: With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Interactions with Other Users: If you interact with other users of the Site [and our mobile application], those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
Online Postings: When you post comments, contributions or other content to the Site [or our mobile applications], your posts may be viewed by all users and may be publicly distributed outside the Site [and our mobile application] in perpetuity.
Third-Party Advertisers: We may use third-party advertising companies to serve ads when you visit the Site or our mobile application. These companies may use information about your visits to the Site and our mobile application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
Business Partners: We may share your information with our business partners to offer you certain products, services or promotions.
Protection of Information Collected
We have robust protection measures in place to protect your personal data against unauthorized access, use, or disclosure. There are technical measures in place to ensure that your personal data is recorded and processed in complete confidentiality and security.
Awkwardly Zen employees who have access to personal data, enter into a non-disclosure or similar agreement obligating them to comply with our data privacy and confidentiality requirements. We provide data privacy training on a regular basis to our employees.
While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
If you wish to be removed from our marketing list and do not want us to send you an email, postal mail, or other messages about our community, products, and services, you can choose to opt-out.
To do so, please send an email to email@example.com, with the word “REMOVE” in the subject line.
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please email us at firstname.lastname@example.org.
OPTIONS REGARDING YOUR INFORMATION
Account Information: You may at any time review or change the information in your account or terminate your account by:
Logging into your account settings and updating your account
Contacting us using the contact information provided
If you are in the European Union (EU), you have certain additional rights and protections under the law regarding the collection and processing of your personal data.
If you input your personal information on our website, please understand that your data will be stored in the United States whose privacy laws do not provide equal levels of protection as those of the EU Users who live in, or access our services from countries outside of the United States, thereby agree and consent to their personal information being collected and stored on servers located outside of their country of residence, and acknowledge that protection of this information is not guaranteed to match that level of protection assured to them under the laws of their country of residence or location.
California consumers have the right to request that the Company disclose what personal information it has collected, used, disclosed, and sold over the 12-month period preceding the Company’s receipt of such a request. To exercise this right, a California consumer must submit to the Company a verifiable request to know such information. This request can be submitted by following the procedures set forth in the Contact Us section.
The personal information that awkwardlyzen.com collects, or has collected, from consumers in the 12 months prior to the effective date of this Disclosure, fall into the following categories established by the California Consumer Privacy Act, depending on which Awkwardly Zen Service is used:
Identifiers such as your name, alias, address, phone numbers, or IP address.
Age, gender, or other protected classifications.
Commercial information, such as a purchase.
Geolocation data, such as the location of your device or computer.
Audio or visual information.
Inference data, such as information about your purchase preferences.
California consumers have the right to request the deletion of their personal information collected or maintained by the Company. To exercise this right, a California consumer must submit to the Company a verifiable request to delete such information. This request can be submitted by following the procedures set forth in the Contact Us section.
Right to Opt-Out
The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s personal information to another business or a third party for monetary or other valuable consideration.
How to Submit a Request to Opt-Out
You may submit a request to opt-out of sales by emailing us at email@example.com
How We Process a Request to Opt-Out
We will act upon your request to opt-out within 15 days from the date that you submit the request. However, we may deny the request if we have a good-faith, reasonable, and documented belief that the request is fraudulent. If we deny the request on this basis, we will notify the requesting party and provide an explanation of why we believe the request is fraudulent.
Awkwardly Zen will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.
If you are a California resident, our privacy practices comply with the California Consumer Privacy Act of 2018 (“CCPA”), and any CCPA-specific information is identified in this Policy. Explanation of your rights under the CCPA can be found here.