Legal Notice

Terms of Sale

THE PLAYERS COLLECTIVE LLC (“TPC”)

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE TPC PLATFORM. PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.   PURCHASES MADE IN AUSTRALIA, CANADA, EGYPT, INDIA, INDONESIA, ISRAEL, MALAYSIA, MEXICO, MOROCCO, NEW ZEALAND, PHILIPPINES, PUERTO RICO, RUSSIA, SAUDI ARABIA, SINGAPORE, SOUTH AFRICA, TAIWAN, THAILAND, UNITED ARAB EMIRATES, AND VIETNAM ARE GOVERNED BY DIFFERENT TERMS.  

If you are located in China, Costa Ric, Dominican Republic, Korea, additional country-specific terms may apply to you and are viewable at the end of these terms of sale. These additional terms override the Terms below to the extent of any inconsistency. 

OTHER THAN THE LIMITED RETURN FOR DEFECTS OR ORDER NONCONFORMITY – ALL SALES ARE FINAL WITH NO RIGHT TO REFUND.

APPLICABILITY

You are reading these Terms of Sale (“Terms of Sale”) because you are using a TPC website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of TPC’s Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and TPC and its affiliates (which we may refer to as “TPC,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform.   TPC may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform.  The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase.  Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us at supp[email protected]. TPC’s Terms of Use and Privacy Policy are incorporated herein by this reference. 

PLACING ORDERS ON THE PLATFORM 

ELIGIBILITY TO ORDER

To place an order on the Platform, you must be of legal age in your country and a consumer – not a reseller. 

NO PURCHASE FOR RESALE

The Platform is intended solely for TPC to sell TPC products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of TPC product by someone who resells, or intends to resell, the TPC product to others (consumers, businesses or any third party).  If TPC believes you are involved in purchase for resale, TPC reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.  

HOW TO ORDER

You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing customized items, adding items to your shopping bag and submitting your order. 

When you submit an order we will send you an email acknowledging receipt of your order.  Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.  If we are unable to supply you with a product, we will inform you of this in writing and will not process the order. 

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • the product is not available / in stock;
  • your billing information is not correct or not verifiable;
  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • your bank transfer payment is not received within 12 calendar days after acceptance of your order;
  • we believe you are under the legal age in your country;
  • we believe that you are a reseller;
  • there was an error in the price displayed on the Platform;
  • we could not deliver to the address provided by you;
  • due to an Event Outside Our Control (see below); or
  • in the event of misspelling, pricing or other errors or mistakes in the Platform information.

DATA CHECK

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud.  We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted. 

TITLE TRANSFER & RISK OF LOSS

The title and risk of loss for products purchased from TPC pass to you upon our delivery to the carrier.  Title to product(s) will not transfer until full payment has been received.

PRICE/PAYMENT

PAYMENT PROCESSING

Except with respect to pre-ordered products, if you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse.  Payments can only be processed if the billing information can be verified.  [See Dominican Republic terms.]

PRICES AND CURRENCY

The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to.

Prices are quoted in local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing. 

YOUR TOTAL PRICE

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. 

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.  

[See China terms.]

PRICE CHANGES

The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. 

SHIPPING & DELIVERY

DELIVERY – WHERE AND WHEN

We do not ship on certain public holidays. Please refer to the help section of the Website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the help section of the Website.

SPLIT DELIVERY

Where possible, we try to deliver all items which you have ordered at the same time.  We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs. 

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

SHIPPING RATES

Rates may be modified from time to time and are subject to destination charges.

RETURNS & CANCELLATIONS

CANCELLING ORDER BEFORE DELIVERY

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately.

If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below. 

[See Korea terms.] 

RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS ONLY

Returns are only accepted within 30-days of original purchase and then only in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is approved by us, the purchase price and the shipping costs will be refunded. [See China and Costa Rica terms.] 

OTHER THAN THE LIMITED RETURN OPTION ABOVE, ALL SALES ARE FINAL AND NO REFUNDS WILL BE ISSUED.

REFUND INFORMATION

For an approved return, refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account.  Refunds may take up to two (2) billing cycles to reflect on your credit card or bank statement.

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a)     We will contact you as soon as reasonably possible to notify you; and

b)     Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above. 

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. 

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing. 

Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 

If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us. 

COUNTRY-SPECIFIC TERMS 

If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms above.  

CHINA 

The section above titled “RETURN AND CANCELLATIONS” is modified by adding the following new section: 

“RETURNING ORDERS AFTER DELIVERY –OTHER PRODUCTS 

In most cases, you can return your purchase for any or no reason within 7 days of delivery date if the product is in original purchase status and fulfills re-sell conditions (uncut label, unused, and unwashed, not damaged, and not stained), except for the following goods: tailor-made goods; fresh and perishable goods; audio-visual products, computer software and other digital products that are downloaded by the consumers online or whose packages have been unsealed by the consumers; and other goods for which the return thereof is not suitable as determined by their nature and as confirmed by consumers upon purchase.  The purchase price will be refunded within seven days upon receipt of the returned products. The shipping costs for returning the products shall be borne by you. For practical information on how to return, see the help section of the Website.” 

COSTA RICA 

The section above titled “RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS” is modified by adding the following new section: 

“Notwithstanding anything to the contrary in these Terms of Use, you may return products within 8 days after delivery, provided that the product is in perfect condition.  In addition, for defective products, the minimum guarantee term for returns is 30 days.”

DOMINICAN REPUBLIC 

The section above titled “PAYMENT PROCESSING” is modified by adding the following new section: 

“Notwithstanding anything to the contrary in these Terms of Use, from the moment you place an order and the delivery of the product, you have three (3) days from the order date to cancel the order, free of charge. In addition, you may return your order within seven (7) days after receipt, without penalty.”

KOREA

The section above titled “RETURNS & CANCELLATIONS: CANCELLING ORDER BEFORE DELIVERY” is modified by adding the following new section: 

“Notwithstanding anything to the contrary in these Terms of Use, you have the legal right to cancel an order within 7 days from the day when the goods are received, provided that you will not be entitled to the right to cancel under the following circumstances: 

  • where the goods have been destroyed or damaged due to a cause attributable to you;
  • where the value of the goods has substantially decreased due to a cause attributable to you;
  • where the value of the goods has substantially decreased to cause difficulty in resale due to the elapse of time;
  • where the package of the reproducible goods has been destroyed; or
  • where the cancellation of orders for goods that are expected to cause significant and unrecoverable loss to TPC – such as customized goods produced specifically for you pursuant to your order – and where this fact has been provided to you in advance concerning the subject transaction and your consent has been obtained in writing (including in electronic format).” 

Date of Last Revision: August 2020

Terms Of Use

THE PLAYERS COLLECTIVE LLC (“TPC”)

Date of last revision: March 11, 2021

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY TPC PLATFORM.

If you live in any of the following countries, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country within the Terms when applicable.  These additional terms override the Terms below to the extent of any inconsistency.

Argentina, Australia, Brazil, Canada, Colombia, Japan, Korea, Philippines, all European countries (including specific terms for Austria, Belgium, France, Germany, Hungary, Italy, Poland, and Switzerland).

Welcome to the TPC community!  You are reading these Terms because you are using a TPC website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of TPC’s Platform (“Platform”).  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.  Your carrier’s normal rates and fees apply to your Device.

These Terms create a legally binding agreement between you and TPC and its affiliates (which we may refer to as “TPC,” “we,” “us,” or “our”) regarding your use of the Platform.  A few important points:

  • Our Terms May Change.  Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. We may update these Terms from time to time.  If a material change is made, we will post a notice on the Platform or send you a notification.  Read through any changes, and if you don’t agree to them, please stop using the Platform.  If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.  
  • Terms of Sale.  By making any purchase with us, you also agree to the Terms of Sale that apply in your country or region.
  • Privacy Policy.  Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

1. GROUND RULES

Eligibility.  You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian.  There may be certain age restrictions for specific Platform services in various countries.

Rules for Registration.  When you register for an account with us, the following rules apply:

  • Be True:  Provide accurate and current registration information.
  • Be You:  Keep your registration personal.  Do not register for more than one TPC account, register a TPC account on behalf of someone else, or transfer your account.
  • Be Secure:  Keep your username, password and other login credentials secure and do not allow anyone else to use your account. 
  • Be Responsible:  Inform TPC immediately of any unauthorized use of your TPC account.  You are responsible for anything that happens through your TPC account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TPC IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.  

2.  OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by TPC or others we license Content from, and is protected by copyright, trademark, patent and other laws. TPC reserves all rights not expressly described in these Terms.

  • All trademarks, service marks and trade names  are owned, registered and/or licensed by TPC.  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
  • You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
  • To the extent TPC approves the download or use of Content comprised of copyrights or copyrightable works, TPC grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as TPC makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  TPC reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  TPC reserves the right to take down any Content in violation of these terms or TPC’s intellectual property rights.  TPC allowing you this limited use does not constitute a waiver of any of TPC’s rights to the Content. 
  • Outside of the specific usage rights granted to you by TPC in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without TPC’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

3.  POSTING CONTENT ON THE PLATFORM

User Content License. Some parts of the Platform may allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”  TPC is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to TPC as described below:

  • You represent that you have the right to post your User Content, and you grant TPC a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. TPC may, in its sole discretion, remove any User Content at any time. 
  • You understand that deleted User Content may persist in TPC’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. 

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to TPC a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

4.  USER CODE OF CONDUCT

We’re excited to have you contribute to the TPC community.  Here are a few basic rules:

  • Be Original.  Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content. 
  • Be Safe. 
    • Do not do anything that may expose TPC or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
    • Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
    • Do not use any data mining, robots, scraping or similar data gathering methods.
    • Unless we indicate otherwise, our Platform is a public place.  Do not post personal information to the Platform – yours or anybody else’s.
  • Be Personal.
    • Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
    • Do not collect or solicit personal information from other Platform users or send unsolicited messages.
    • Do not use automated technology to interact with the Platform.
    • Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. TPC has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
    • Be Yourself.  Do not impersonate any person or organization, including athletes or TPC employees.
  • HAVE FUN!

5.  COPYRIGHT INFRINGEMENT

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims.  TPC may terminate the accounts of Platform users found to infringe third party copyrights.

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the content that you claim is infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send copyright infringement complaints to:

8605 Santa Monica Blvd

STE 47690

West Hollywood, California 90069-4109

Email: [email protected]

6.  PARTNERS ON THE PLATFORM

From time to time, TPC may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Platform, but this does not mean TPC endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.  You should carefully review any Third Party’s sites and terms of use and privacy policy. TPC is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

7.  IMPORTANT DISCLAIMERS

USER INTERACTIONS.  To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.

  • Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be.  TPC is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you.

  • The Platform, Content, and the materials and products on this Platform are provided “AS IS.” We are NOT making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TPC IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.   
  • TPC does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.  
  • To the fullest extent permitted by law, TPC disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  • You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
  • We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.

8.  TERMINATION

TPC may terminate or modify any TPC Platform, member program, product or service at any time without notice.

TPC may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to TPC, subject to applicable law.    

  • You understand and agree that some of your User Content, particularly that which is displayed in public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
  • These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

9.  INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy our Platform, but TPC must also protect itself from any damages you may cause.

Indemnification and RELEASE.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. You agree to indemnify, defend, and hold harmless TPC, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “TPC Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the TPC Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

LIMITATION OF LIABILITY.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. NONE OF THE TPC PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A TPC EVENT OR TPC PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF TPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST TPC IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF TPC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, TPC’S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.  

10.  DISPUTES / ADDITIONAL TERMS

Choice of Law/Jurisdiction

If you live in any of the following countries, different “Choice of Law/Jurisdiction” terms may apply to you: Argentina, Austria, Brazil, Canada, France, Germany, Italy, Philippines, Poland, Switzerland and all other European countries:

  • You agree that this Platform is a passive platform solely based in California, USA, which does not give rise to personal jurisdiction over TPC in jurisdictions other than California.
  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and TPC shall be governed in all respects by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of TPC products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in San Diego County, California, USA.
  • You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of San Diego County, California.
  • All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic Communications

  • By using the Platform, you agree to receive certain electronic communications from TPC, subject to applicable law.
  • You agree that any notice, agreement, disclosure or other communication that TPC sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to Assign, No Waivers, Severability

  • TPC may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. 
  • TPC’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or TPC’s rights. Users should always assume these Terms apply.
  • If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

COUNTRY SPECIFIC TERMS  

If you live in one of the following countries these additional terms apply and override any inconsistent terms in the Terms of Use.

ARGENTINA

Section 3 (POSTING CONTENT ON THE PLATFORM): the first bullet point paragraph under sub-section “USER CONTENT LICENSE” is deleted and replaced with the following:

“You grant TPC a non-exclusive, transferable, royalty-free, worldwide license to display the User Content that you post on or in connection with the Platform and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works of, sublicense and distribute the User Content.

For example, we need these rights so we can copy your User Content into our databases, display it in the correct format across our mobile applications, and send your User Content to vendors who perform services on TPC’s behalf.”

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is hereby deleted and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and TPC shall be governed in all respects by Argentine law.”

AUSTRALIA

Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:

The sub-section titled “WARRANTY DISCALIMER” is modified by adding the following:

“However, the Platform, Content, and the materials and products on this Platform come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of purpose of products.  Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case.”

BRAZIL

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted and replaced with the following:

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and TPC shall be governed in all respects by Brazilian law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of TPC products) shall be resolved individually, without resort to any form of class action, and exclusively in Brazil.”

CANADA

Introductory Paragraph:

The section titled “Our Terms May Change” is qualified by the following:

“(a) TPC must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and

(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending TPC a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in TPC’s obligations.”

MULTIPLE SECTIONS: The terms set forth in the sections titled “Physical Activity”, “Warranty Disclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by the following:

Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of Liability.”

SECTION 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at the beginning of the section:

“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable.”

COLOMBIA

Section 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “USER CONTENT LICENSE” is modified as follows:

The first bullet point paragraph under USER CONTENT LICENSE is deleted and replaced with the following:

“You grant TPC a non-exclusive, indefinite, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”

Section 3 (POSTING CONTENT ON THE PLATFORM): the sub-section titled “LICENSE TO USE COMMENTS, FEEDACK AND IDEAS” is deleted in its entirety and replaced with the following:

“AUTHORIZATION TO USE COMMENTS, FEEDBACK AND IDEAS.  You grant to TPC an indefinite, worldwide authorization to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”

JAPAN

Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:

The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the following:

LIMITATION OF LIABILITY.  NONE OF THE TPC PARTIES WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A TPC EVENT OR TPC PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF TPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST TPC IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF TPC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, TPC’S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE. 

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following:

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, Privacy Policy and any dispute between you and TPC shall be governed in all respects by Japanese law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of TPC products) shall be resolved individually, without resort to any form of class action, and exclusively in the courts located in Tokyo, Japan.
  • All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

PHILIPPINES

Section 2 (OWNERSHIP OF CONTENT): The third bullet point of this Section is revised as follows:

  • To the extent TPC approves the download or use of Content comprised of copyrights or copyrightable works, TPC grants you a limited, personal, non-transferable, and non-assignable right to  access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as TPC makes such Content generally available to the public. You do not acquire any ownership rights or any form of license in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  TPC reserves the right to monitor your use and to alter or revoke the same or your access to the Content at any time and for any reason.  TPC reserves the right to take down any Content in violation of these terms or TPC’s intellectual property rights.  TPC allowing you this limited use does not constitute a waiver of any of TPC’s rights to the Content. 

Section 3 (POSTING CONTENT OF THE PLATFORM): This section is revised as follows:

User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”  TPC is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you agree as follows:

  • You represent that you have the right to post your User Content, and you agree to execute all relevant documents to grant TPC a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. TPC may, in its sole discretion, remove any User Content at any time.  
  • You understand that deleted User Content may persist in TPC’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. 

Section 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): The sub-section titled “LIMITATION OF LIABILITY” is deleted and replaced with the following:

“To the extent allowed under applicable law, none of the TPC parties will be liable for any special, incidental or consequential damages, including without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the Platform or the performance of the products purchased through the Platform or the conduct of other Platform Users (whether online or offline), or attendance at a TPC event or TPC partner events, or any User Content or any other activity in connection with the use of the Platform, even if TPC has been advised of the possibility of such damages.  If TPC is found to be liable to you for any damage or loss which is in any way connected with your use of the Platform or any Content, TPC’s liability shall not exceed US$100.00 or Euro 100.00 if you live in Europe, without prejudice to any applicable law.”

Section 11 (DISPUTES/ADDITIONAL TERMS): The first bullet point under the sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety.

EUROPEAN COUNTRIES

The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms applicable to European Countries.

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, and any dispute between you and TPC shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of TPC products) shall be resolved and exclusively in the  competent courts of Amsterdam, the Netherlands.”

AUSTRIA

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for European Countries below,  except the following is added at the end:

“All claims shall be brought within three (3) years after the claim arises.”

BELGIUM

Section 3 (POSTING CONTENT ON THE PLATFORM): this section is modified as follows:

The first bullet point paragraph under the sub-section titled “USER CONTENT LICENSE” is deleted in its entirety and replaced with the following:

“You grant TPC a non-exclusive, perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the User Content), transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial, promotional and operational use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.”

The sub-section titled “LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS” is deleted in its entirety and replaced with the following:

“LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You grant to TPC a perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights which may lie in the comments, feedback and ideas), worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”

FRANCE

Section 5 (COPYRIGHT INFRINGEMENT): the second paragraph in this section is deleted in its entirety and replaced with the following:

“If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) date of the notification;

(2) if the claimant is a natural person: name, surname, profession, address, nationality, place and date of birth;

(3) if the claimant is a legal person: name, form, registered office and the entity representing it for legal purposes;

(4) name and address of the recipient, or if a legal person, its name and registered office;

(5) a description of the facts at issue and the precise location;

(6) the grounds on which the content should be withdrawn, including relevant legal provisions and justification of facts; and

(7) a copy of the correspondence sent to the author or editor of the litigious information or activity requesting their interruption, withdrawal or modification or an explanation that the author or editor could not be contact.”

Section 9 (INDEMNIFICATION/LIABILITY): this section is modified as follows:

The sub-section titled “Indemnification and Release” is deleted in its entirety and replaced with the following:

“Indemnification.  You agree to indemnify, defend, and hold harmless TPC Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “TPC Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.”

The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety.

Section 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following:  

 “Choice of Law/Jurisdiction

Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.

  • You agree that the Platform, Terms, and any dispute between you and TPC shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of TPC products) shall be resolved and exclusively in the  competent courts of Amsterdam, the Netherlands.
  • If you have a complaint, please contact us via [email protected] If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.  In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows: Association des médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), http://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute.  In case of mediation, each party is free to accept or reject the solution proposed by the mediator.”

GERMANY

Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:

The third bullet point in the summary box is deleted in its entirety and replaced with the following:

“TPC is not responsible for any damage (except liability for TPC’s willful and gross negligent acts and TPC’s personal injuries) caused by your interactions with other users.  Please be responsible and take precautions when interacting with people you don’t know.”

The sub- section titled “WARRANTY DISCLAIMER”, including all of the bullet points therein, is deleted in its entirety.

Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): this section is modified as follows:

The sub-section titled “INDEMNIFICATION AND RELEASE” is deleted in its entirety.

The sub-section titled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced with the following:

LIMITATION OF LIABILITY. Any liability of TPC and its affiliates, and their officers, directors, shareholders, employees and agents (the “Released Parties”) is limited to cases of intent or gross negligence. In cases of slight negligence the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called “cardinal duties”) has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death.”

Section 11 (DISPUTES/ADDITIONAL TERMS): this section is replaced with the version for European Countries above, except the following is added at the end:

“All claims shall be brought within two (2) years after the claim arises.”

HUNGARY

Introductory Paragraphs: The second bullet point in the first section above titled “Terms of Sale” is amended by adding the following:

“These Terms constitute an implied agreement between you and TPC, unless otherwise meeting the requirements of written agreements under Hungarian Law.”

ITALY

Section 7 (IMPORTANT DISCLAIMERS): this section is modified as follows:

The sub-section titled “USER INTERACTIONS” is deleted in its entirety and replaced with the following:

“USER INTERACTIONS.  We are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions, except in the event of fraud or gross negligence by TPC. 

Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. TPC is under no obligation to become involved with any user dispute (but may do so at its own discretion) except in the event of fraud or gross negligence by TPC.”

Section 11 (DISPUTES/ADDITIONAL TERMS): the sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“Choice of Law/Jurisdiction

  • You agree that the Platform, Terms, and any dispute between you and TPC shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods, subject to any statutory provisions of applicable law which may apply regardless of any different choice of law.
  • Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of TPC products) shall be resolved and exclusively in the court of the place where you are resident or domiciled.”

POLAND

Section 11 (DISPUTES/ADDITIONAL TERMS):  the sub-section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

 “Choice of Law/Jurisdiction

  • The Platform, Terms, and any dispute between you and TPC shall be governed in all respects by Polish law.
  • All disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of TPC products) shall be resolved in the courts competent under applicable law.”

SWITZERLAND

Section 11 (DISPUTES/ADDITIONAL TERMS): the sub- section titled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):

“CHOICE OF LAW/JURISDICTION

  • You agree that the Platform, Terms, and any dispute between you and TPC shall be governed in all respects by the substantive laws of Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
  • You agree that all disputes arising directly or indirectly out of or in connection with the Platform and these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland.”

Privacy Policy

ruihachimura.com and THE PLAYERS COLLECTIVE LLC (“TPC”)

Effective Date: January 1, 2021

This privacy policy describes the personal data collected or processed when you interact with TPC, including through our websites, digital experiences, mobile apps, stores, online or offline events, or one of our other products or services, all of which are part of TPC’s Platform (“Platform”).  It also explains how your personal data is used, shared and protected, what choices you have relating to your personal data, and how you can contact us.

  • Who is Responsible for Processing Your Personal Data?
  • What Personal Data Do We Collect, When, and From What Sources?
  • KIDS
  • Tools to Manage What Personal Data We Collect
  • Why and How Do We Use Your Personal Data?
  • Sharing of Your Personal Data
  • Protection and Management of Your Personal Data
  • Cookies and Pixel Tags
  • Using the TPC Platform with Third-Party Products and Services
  • Changes to Our Privacy Policy
  • Questions and Feedback

WHO is Responsible for Processing Your Personal Data?

The Players Collective LLC (referred to as “TPC”, “our”, “we” or “us” in this privacy policy).

WHAT Personal Data Do We Collect, When and From What Sources?

We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our consumer services, request to receive communications, create an account, participate in our events or contests, or use our Platform. 

This personal data includes your:

  • contact details including name, email, telephone number and shipping and billing address;
    • login and account information, including screen name, password and unique user ID;
    • personal details including gender, hometown, date of birth and purchase history;
    • payment or credit card information;
    • images, photos and videos;
    • data on physical characteristics, including weight, height, and body measurements (such as shoe/foot measurements or apparel size); or
    • personal preferences including your wish list as well as marketing preferences.

We collect additional personal data from you to enable particular features within our Platform.  This personal data may include your:

  • photos, contacts and calendar information; or
    • social network information, including credentials and any information from your public posts about TPC or your communications with us.

When interacting with our Platforms, certain data is automatically collected from your device or web browser, as further described below in the section titled “Cookies and Pixel Tags.” This data includes:

  • Device IDs, call state, network access, storage information and battery information; and
    • Cookies, IP addresses, referrer headers, data identifying your web browser and version, web beacons, tags, and interactions with our Platform.

KIDS

We do not knowingly collect personal information online from children under the age of 13. 

TOOLS to Manage What Personal Data We Collect

When using our Platform, we also provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or to send push notifications. We may obtain this consent through the Platform or using the standard permissions available on your device.

In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data.  For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing.  We encourage you to familiarize yourself with and use the tools available on your devices.   

At this time, we do not respond to “do not track” signals sent by web browsers.

WHY and HOW Do We Use Your Personal Data?

We use your personal data in the following ways:

       To Provide the Features of the Platform and the Services You Request 

When you use our Platform, we will use your personal data to provide the requested product or service.  For example, if you make a purchase, or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question. 

To Communicate Information about our Products, Services, Events and for Other Promotional Purposes

If you are an existing customer of TPC (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar TPC products or services, where permitted by applicable law (unless you have opted out). In other cases, we ask for your consent to send you marketing information.

We may use the information that you provide to us as, well as information from other TPC products or services such as your use of TPC’s Platform to personalize communications and advertisements regarding our products and services that may be of interest to you.  For registered users, this may include data collected from your interactions with our Platform that are associated with your account across devices.

To Operate, Improve and Maintain our Business, Products and Services 

We use the personal data you provide to us to operate our business.  For example, when you make a purchase, we use that information for accounting, audits and other internal functions.  We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Platform. 

To Protect Our or Others’ Rights, Property or Safety 

We may also use personal data about how you use our Platform to prevent, detect, or investigate fraud, abuse, illegal use, violations of our Terms of Use, and to comply with court orders, governmental requests or applicable law. 

For General Research and Analysis Purposes 

We use data about how our visitors use our Platform to understand customer behavior or preferences.  For example, we may use information about how visitors search for and find products to better understand the best ways to organize and present product offerings in our storefront. 

Other Purposes

We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.

SHARING of Your Personal Data

TPC’s Sharing

TPC may share each of the categories of personal data we collect with the following types of entities for the business purposes described:

  • TPC entities for the purposes and under the conditions outlined above 
    • Service providers processing personal data (including the personal data noted in the “What Personal Information Do We Collect and When” section) for business purposes on TPC’s behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, advertising, analytics, manage brand and product promotions as well as administering certain services and features. 
    • Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of our Platform or violations of our Platform’s Terms of Use and our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting). 
    • To any other third party where you have provided your consent.

We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).

We do not sell your personal data.

Your Sharing

When you use certain social features on our Platform, you can create a public profile that may include information such as your screen name, profile picture and hometown.  You can also share content with your friends or the public, including information about your TPC activity.  We encourage you to use the tools we provide for managing TPC’s social sharing to control what information you make available through TPC’s social features.

PROTECTION and MANAGEMENT of your Personal Data

  • Encryption & Security: We use a variety of technical, administrative, and organizational security measures, including encryption and authentication tools in certain circumstances, to maintain the safety of your personal data. 

Despite our efforts, no website, mobile application, database or system is completely secure or “hacker proof.” You can help keep your data safe by taking reasonable steps to protect your personal information against unauthorized disclosure or misuse. 

  • Retention of your personal data: We retain your personal data for as long as necessary to fulfil the purposes described in this policy, unless otherwise required or permitted by law.  For example, we keep your account profile information for as long as you keep your TPC account, but, we may keep your order history longer to comply with legal obligations.   
    • Managing your personal data:  You may have the right to request: (i) access to your personal data (both the categories of data we collect, which is laid out in this policy, and particular types); (ii) an electronic copy of your personal data; (iii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion or restriction of your personal data in certain circumstances as provided by applicable law. We do not sell your personal data. We will not discriminate against you for the exercise of these rights.  If you request to delete your account, you can create a new account on our Platform at any time. If you have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us.  Contact details, and a link to the webform for these requests, can be found in the “Question and Feedback” section below.  We will verify your request either through a message sent to the email address associated with your account (so you must have access to this email account) or by asking you to provide information matching what we have for you within our systems.  You or your authorized agent may request to exercise your rights. Before we can act on a request from your authorized agent, we may require verification of your identity and proof from the authorized agent that they can act on your behalf.
    • Managing your content:  You can request removal of your posted User Generated Content on the Platform, but please note that removal may not encompass all possible locations, for example, back-ups or sharing by other users initiated prior to removal. 
    • Managing your notifications: If you have a TPC account, you can opt out of receiving TPC’s marketing communications by modifying the preferences in your account settings.  Alternatively, you can opt-out by following the opt out or unsubscribe instructions in the message or by contacting us. Contact details are in the “Questions and Feedback” section below.

COOKIES and Pixel Tags

TPC collects information, which may include personal data, when you use our Platform. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Platform such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.  

Some advertising and technology partners may also collect personal data when you use our Platform.  These partners have committed to act as service providers on TPC’s behalf and have committed to only use your personal data for TPC’s purposes as described in this policy. 

In some instances our Platforms allows you to log-in with or connect your TPC account with a third-party social media or partner account. If you do so, your use of their technology within our Platform is subject to their terms and policies.

We use cookies and pixel tags to track usage of the Platform and to understand our customers’ preferences (such as country and language choices). This enables us to provide services to our customers and improve their online experience. We also use cookies and pixel tags to obtain aggregate data about Platform traffic and Platform interaction, to identify trends and obtain statistics so that we can improve our Platform. There are generally three categories of cookies used on our Platform:

  • Functional: These cookies are required for basic Platform functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Platform within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
    • Performance: These cookies allow us to improve our Platform’s functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember Platform preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow Platform performance.
    • Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Platform through social media.  Advertising cookies collect information to help better tailor advertising to your interests. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.

Your browser can help you manage cookies.  You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Platform more efficient and some of our services will not function properly.  There are also general resources for opting out of interest based advertising available on the websites of the Network Advertising Initiative and the Digital Advertising Alliance.

Similarly, you can adjust your advertising preferences on your mobile device at the device level.  For example, to adjust your advertising preferences in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking. To adjust your advertising preferences in Android, visit Settings > Google > Ads > Opt out of interest-based ads.  

USING the TPC Platform with Third-Party Products and Services

Our Platform allows you to interact with a wide variety of other digital products and services.  For example, our Platform can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services. 

If you choose to connect your TPC account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies.  For example, if you choose to share your TPC activity on third-party social media platforms, the policies of those platforms govern the data that resides there. 

Our Platform may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.

CHANGES to Our Privacy Policy

Applicable law and our practices change over time. If we decide to update our privacy policy, we will post the changes on our Platform. If we materially change the way in which we process your personal data, we will provide you with prior notice, or where legally required, request your consent prior to implementing such changes. We strongly encourage you to read our privacy policy and keep yourself informed of our practices.

QUESTIONS and Feedback

We welcome questions, comments, and concerns about our privacy policy and privacy practices.

If you wish to provide feedback or if you have questions or concerns, or wish to exercise your rights related to your personal data, please use our contact form here.

You may also contact Consumer Services at [email protected]

If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner.

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