Privacty Policy, Terms, and Conditions
PRIVACY POLICY FOLLOWED BY TERMS AND CONDITIONS
Privacy Policy
Thank you for shopping with Friendly Rooster. We are committed to protecting your privacy and have established this privacy statement to keep you informed of our information practices involving the collection and use of your personal information.
When you select to purchase a product from Friendly Rooster, we collect your personal information to fulfill your purchase request, as well as register you an account for future purchases and record keeping. This information includes your name, email address, billing and shipping addresses, telephone number, and credit card information. All collected information is for the purpose of completing your transaction, as well as registering your account, providing users with live support, and sending communication as appropriate.
We also use cookies to collect product and purchase information from the pages you access or visit. This information may be combined with other identifiable personal information (such as demographic and past purchase information) from our records and other sources. We may use this combined information for future marketing initiatives and to help us improve our website presentation and your overall shopping experience.
You can easily update your account information by logging on to FriendlyRooster.com and clicking on “your account”.
When you select to tell a friend about Friendly Rooster, we request their email address from you to send them a one-time email. We do not use this third party email information for any other purposes unless that third party becomes a registered user on Friendly Rooster.
Information Sharing
Friendly Rooster does not share the personal information of its users with any third parties for their promotional purposes.
We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order or judicial proceeding) as Friendly Rooster, in our sole and absolute discretion, deems necessary and appropriate.
We use a third party payment processor and a third party shipping agent to ensure the payment, and delivery of your purchased products. These third parties have no authority to use your personal information for any promotional purposes.
Our Email List
We offer those who sign up for our email list advanced notice of sales, special “members only” sales, new merchandise, and other Friendly Rooster news. Email addresses collected at Friendly Rooster are only used internally. We respect your privacy rights and will not sell or rent our email address to other companies. If you would like to unsubscribe from our email list click here. We will remove your name from our email list as soon as possible. Please recognize that you may receive another email before we are able to remove you.
Blog Disclosure
If you use a blog on FriendlyRooster.com you should be aware that any personal information disclosed therein can be read, collected and used by other members of this forum to send you unsolicited messages. Friendly Rooster is not responsible for the personal information users select to disclose in these forums.
Security
Orders placed on our site are encrypted using SSL technology, so you can rest assured you’re your transactions are protected. With SSL implemented on both the client and the server, information sent via the Internet can be trusted to arrive privately and unaltered to our server. In order for SSL security to work, you must use an SSL enabled browser. Most browsers, version 3.x and later, support SSL.
Please note that email is not encrypted and is not considered a secure means of transmitting credit card numbers. We will never ask for sensitive information via email.
Policy Changes
Friendly Rooster may periodically updated this Privacy & Security Policy for new, unanticipated uses not previously disclosed. Any changes made will be posted here. By visiting our website you agree to accept any changes made to this policy.
Feel free to contact us with any questions about our Privacy & Security Policy.
Email:
support@friendlyrooster.com
Address:
Friendly Rooster
5524 Allison Lane
Charlotte, NC 28277
Attn: Customer Service
Terms and Conditions
Welcome to Friendly Rooster. Friendly Rooster (the “Site”) is comprised of various web pages. Friendly Rooster is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Friendly Rooster constitutes your agreement to all such Terms. Please read these terms carefully.
Privacy
Your use of Friendly Rooster is subject to the Site’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic communications
Visiting Friendly Rooster or sending emails to Friendly Rooster constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Friendly Rooster is not responsible for third party access to your account that results from theft or misappropriation of your account. Friendly Rooster and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Friendly Rooster collects personally identifiable information about children under the age of thirteen from parent comments through our blogs and online product reviews. We provide information about our personal data practices concerning children wherever we knowingly collect such data on our Site and blog. If you personally are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under eighteen, you may use Friendly Rooster only with permission of a parent or guardian.
Links to third party sites/Third party services
Friendly Rooster may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Friendly Rooster and Friendly Rooster is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Friendly Rooster is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Friendly Rooster of the site or any association with its operators.
Certain services made available via Friendly Rooster are delivered by third party sites and organizations. By using any product, service or functionality originating from the Friendly Rooster domain, you hereby acknowledge and consent that Friendly Rooster may share such information and data with any third party with whom Friendly Rooster has a contractual relationship to provide the requested product, service, or functionality on behalf of Friendly Rooster users and customers.
No unlawful or prohibited use/Intellectual property
You are granted a non-exclusive, non-transferable, revocable license to access and use Friendly Rooster strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Friendly Rooster that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Friendly Rooster or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Friendly Rooster content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Friendly Rooster and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Friendly Rooster or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Some of these Communication Services may contain information regarding children under thirteen.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Friendly Rooster has no obligation to monitor the Communication Services. However, Friendly Rooster reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Friendly Rooster reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Friendly Rooster reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Friendly Rooster’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Friendly Rooster does not control or endorse the content, messages or information found in any Communication Service and, therefore, Friendly Rooster specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Friendly Rooster spokespersons and their views do not necessarily reflect those of Friendly Rooster.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Product information
Although Friendly Rooster has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Friendly Rooster cannot guarantee that the user’s monitor will accurately portray the actual colors of the products.
Materials provided to Friendly Rooster or posted on any Friendly Rooster web page
Friendly Rooster does not claim ownership of the materials you provide to Friendly Rooster (including feedback and suggestions) or post, upload, input or submit to any Friendly Rooster Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Friendly Rooster, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, to the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Friendly Rooster is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Friendly Rooster’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third party accounts
You will be able to connect your Friendly Rooster account to third party accounts. By connecting your Friendly Rooster account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not used this feature.
International users
The Service is controlled, operated, and administered by Friendly Rooster from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Friendly Rooster content accessed through Friendly Rooster in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Friendly Rooster, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Friendly Rooster reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Friendly Rooster in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OUR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HERIN. FRIENDLY ROOSTER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FRIENDLY ROOSTER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND FRIENDLY ROOSTER AN/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRIENDLY ROOSTER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES OR ANY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRIENDLYROOSTER.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Friendly Rooster reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions to these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Friendly Rooster as a result of this agreement or use of the Site. Friendly Rooster’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Friendly Rooster’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Friendly Rooster with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Friendly Rooster with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Friendly Rooster with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to terms
Friendly Rooster reserves the right, in its sole discretion, to change the Terms under which Friendly Rooster is offered. The most current version of the Terms will supersede all previous versions. Friendly Rooster encourages you to periodically review the Terms to stay informed of our updates.
Contact us
We welcome your questions or comments regarding the Terms:
support@friendlyrooster.com
Address
5524 Allison Lane
Charlotte, NC 28277
Friendly Rooster "Win Now/Win Later" Sweepstakes
Official Rules - No Purchase Necessary to Enter or Win
1. To Enter: Register as a Member at www.FriendlyRooster.com between 7:00am November 13, 2012 through 11:59pm November 20, 2012 Eastern Time (the “Sweepstakes Period”). Entries must be filled out completely with name, address, city, state, zip code, area code, phone number, and email address. Limit of one entry per person. All entries become the property of the Sponsor.
2. Eligibility: The Friendly Rooster Sweepstakes is open to residents of the continental United States, Alaska, and Hawaii who are 18 years of age or older at time of entry. Employees of Sponsor, its affiliates, subsidiaries, dealers, distributors, advertising and production agencies, and their respective immediate families or those living in the same household of each of the forgoing are not eligible.
Anyone who attempts to defraud or in any way tamper with the sweepstakes will be deemed ineligible, and may be prosecuted to the fullest extent of the law. All federal , state, and local laws and regulations apply. Void where prohibited or restricted by law.
3. Prize and Prize Value: Winner will receive two pairs of Tip Toey Joey shoes and an accessory item from the “Fun Stuff” section of the website from the fall 2012 assortment (styles chosen by Friendly Rooster). Winner will receive another two pairs of Tip Toey Joey shoes and an accessory item from the “Fun Stuff” section of the website from the spring 2013 assortment (styles chosen by Friendly Rooster). Spring 2013 assortment is available starting February 2013. Approximate retail value is $250, depending on age of child (ie-baby vs kid) and accessory items chosen. Odds of winning depend upon the number of entries received. All federal, state and local taxes are the sole responsibility of the winner.
4. Winner Selection: One winner will be selected from all eligible entries received, in a random drawing conducted on or about November 21, 2012 by Friendly Rooster, LLC (“Sponsor”). The Sponsor’s decisions are final. The potential winner will be notified by email or phone, and must be available to confirm prize within 14 days of notification, or an alternate potential winner will be selected. Any failure to comply with these Official Rules will result in a forfeiture of eligibility to win the prize. Winner’s entry and acceptance of the prize constitutes permission (except where prohibited) to use the winner's name and likeness for publicity purposes without additional compensation.
5. Consumer Disclosure/Award Rules: In the event of inadvertent errors in the structure of, or printing of materials used in connection with this sweepstakes, Sponsor reserves the right to terminate or amend this sweepstakes, in whole or in part, without prior notification and with immediate effect. In any such event, the Grand Prize may be awarded based on entries received prior to date of termination or amendment.
6. General: By entering, participating or accepting the prize, entrants agree that Sponsor has the sole right to decide all matters and disputes arising from this sweepstakes. By participating, entrants agree to be bound by these Official Rules and that the decisions of Sponsor on all matters relating to these sweepstakes are final. The winner releases Sponsor and its directors, officers, employees, and agents from any and all claims, liability, loss or damage, including any third party claims, arising from or relating to, in whole or in part, this sweepstakes, including entry and participation in this sweepstakes and acceptance, possession, use or misuse of the prize. Entrants further agree, in the event of any third party claims, damages, losses or injuries, arising from or relating to this sweepstakes, entry into the sweepstakes, participation or acceptance of any prize, to indemnify Sponsor, its directors, officers, employees and agents from any and all such claims, including attorneys' fees related thereto. Sponsor and its agents are not responsible for incorrect, lost, late, misdirected, damaged, incomplete, illegible or postage-due entries. Sponsor and its agents are not responsible for computer system or phone line errors, software/hardware malfunctions, or other errors, failures, or delays in transmission that are human, mechanical or technical in nature, or any combination thereof resulting from a participant entering any part of this sweepstakes. Sponsor reserves the right in its sole discretion to cancel or suspend the internet portion of this sweepstakes should a virus, bug, or other cause beyond the control of Sponsor corrupt the administration or proper conduct of the sweepstakes and in such event all internet entries submitted at the time of cancellation or suspension will be considered in the random drawing.
This sweepstakes shall be governed by North Carolina law. By entering, participating or accepting any prize in this sweepstakes, you agree that North Carolina courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to this sweepstakes and that venue shall be in Charlotte, North Carolina.
7. Winners List: To find out who the winner is, send a self-addressed stamped envelope with your request to: Friendly Rooster and Tip Toey Joey Sweepstakes Winner List, 5524 Allison Lane, Charlotte, NC 28277.
8. Sponsor: Friendly Rooster, 5524 Allison Lane, Charlotte, NC 28277
