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Terms Of Use

Welcome to Picky Sticky!

These terms of use ("Terms") apply to your access to, and use of, the Picky Sticky Web site and our blog located at http://www.pickysticky.com (collectively, the "Site"), which are owned and operated by Edelman Design Group, LLC ("Company," "we" or "our"). We reserve the right to change or modify any of these Terms, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting on the Site. Your continued use of this Site following such posting will constitute your acceptance. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.

  1. Copyright and Ownership

    Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, all articles, text, photographs, designs, graphics, pictures, games, data, software, metatags, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the exclusive property of Company and are protected by U.S. and international copyright laws. All elements of the Site, including, but not limited to, the general design and the Materials, are protected by trade dress, moral rights, trademark and other laws relating to intellectual property rights.

  2. User Content

    If you post content on the site, including uploading or emailing us photographs ("User Content"), you remain the owner of such User Content, but grant to the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use the User Content and to reproduce, modify, publish, create derivative works, distribute and display such content throughout the world in any media, whether now known or hereafter created or developed.

    You also grant Company the right to use the name that you submit in connection with the User Content. You represent and warrant that (a) you own and control all of the rights to the User Content (b) you have the right to grant Company the license granted herein, (c) all User Content is original and does not and will not infringe upon or violate the rights of any third party, including without limitation any copyright, trademark, trade secret, or right of privacy or publicity, and (d) the use and posting of the User Content does not violate these Terms.

    Furthermore you agree that the User Content will not contain: offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; racial, religious or personal attacks of any kind; promotion of illegal activity; any content that is itself illegal; direct links to or descriptions of goods or services prohibited by these Terms; commercial content promoting your commercial interests; untrue, inaccurate, deliberately misleading or libelous material; false information that impersonates any person or entity or otherwise misrepresents your affiliation with such person or entity; executable programming of any kind such as viruses, worms, or any other form of computer programming or encrypted content.

    The Company reserves the right, at all times, to remove User Content that violates these Terms, or is otherwise inappropriate or objectionable or that restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type, as determined by Company in its sole discretion.

  3. Take-Down Notices

    If you believe that any of the Materials or User Content made available by the Site infringes a copyright and you are the copyright holder, you or your designated agent should notify the Company using the notice procedure for claimed infringement under the Digital Millennium Copyright Act ("DMCA"). The Company will respond expeditiously to remove or disable access to the materials claimed to be infringing and will follow the DCMA procedure to resolve the alleged infringement claim. Provide all notices under the DCMA to: Tisha@PickySticky.com.

  4. Privacy Policy

    WHAT IS PERSONAL INFORMATION?
    "Personal information" means information collected online that specifically identifies an individual (such as a user's name, address, telephone number, e-mail address, credit card or other account number) or that is connected by the Company with an identifiable person in personally identifiable form.

    HOW DO WE COLLECT PERSONAL INFORMATION?
    Personal information is collected only when you make purchases of products or you provide User Content. All purchases are processed through Pay Pal or another third party provider. Such third party provides us with limited information about the purchaser, including name and email address. When you upload or email us User Content, we receive your email address and your name.

    HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT?
    In general, we use personal information to assist us with the operation of the Site and of our business: for the purpose for which it was collected (i.e., a sales transaction); to send you a welcoming email about your use of the Site, such as for administrative purposes, or to provide you with customer service; to contact you regarding any items or materials you may have submitted to us, such as photographs; to respond to your comments, requests or complaints; and to contact you about our products, activities or special events or offers and for other internal marketing, informational and promotional purposes.

    WHAT PERSONAL INFORMATION DO WE SHARE WITH THIRD PARTIES?
    We will not sell, collect, use, share, or rent any personal information for purposes other than those described in this Policy without first obtaining your consent. We may share personal information with third party vendors, consultants and other service providers who work with us to operate the Site and who need access to such information. We are not responsible for how any third parties treat personal information. We may disclose personal information when we are required to, or we have a good-faith belief it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this privacy policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; or to protect our customers from fraudulent, abusive, or unlawful use of, our Site. Personal information may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership. The Site may contain links to other sites or be linked through sites operated by third parties that are not under our control. We are not responsible for the privacy practices of such third parties and their sites.

    WHAT STEPS DO WE TAKE TO PROTECT YOUR INFORMATION ONLINE?
    We use reasonable security measures to protect your personal information from unauthorized access and improper use. We restrict access to Company employees, contractors or agents who need to know personal information to operate, develop or improve the Site.

  5. Indemnification

    You agree to defend, indemnify and hold harmless Company, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Company and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms or your violation of the rights of any third party.

  6. Limitation of Liability; Disclaimer

    YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY. THE SERVICES AND ANY PRODUCTS SOLD ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT WHEN YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

    THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.

  7. Applicable Law and Venue

    These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Questions & Contact Information

Questions or comments? Please contact us.

© 2014 Edelman Design Group, LLC, dba, Picky Sticky

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