Effective as of September 3rd, 2013
Welcome to TheFairyTaleTrail.com. Evergreen Creations LLC and its affiliates provide their services to you subject to the following terms and conditions. If you visit TheFairyTaleTrail.com, you accept these terms and conditions. Please read them carefully. If you do not agree with any part of the following terms and conditions, you must not use this site.
1. OWNERSHIP. This site, and each of its modules, together with the arrangement and compilation of the content found on this site ("TheFairyTaleTrail.com"), is the copyrighted property of Evergreen Creations LLC and/or its various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Evergreen Creations LLC, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks.
You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Evergreen Creations LLC.
You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise.
Without limiting the generality of the foregoing, no software from TheFairyTaleTrail.com may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site.
You agree that you will not take any action that imposes a burden or load on the TheFairyTaleTrail.com infrastructure that Evergreen Creations LLC deems in its sole discretion to be unreasonable or disproportionate to the benefits Evergreen Creations LLC obtains from your use of the site.
Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
4. AGE AND RESPONSIBILITY. If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
6. REVIEW OF TRANSMISSIONS. Evergreen Creations LLC may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Evergreen Creations LLC deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Evergreen Creations LLC and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology, now known or hereafter devised.
7. EXCLUSION OF WARRANTY. EVERGREEN CREATIONS LLC AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. EVERGREEN CREATIONS LLC AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER EVERGREEN CREATIONS LLC NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM EVERGREEN CREATIONS LLC OR THEFAIRYTALETRAIL.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
8. LIMITATION OF LIABILITY. EVERGREEN CREATIONS LLC AND ITS RESPECTIVE SUCCESSORS, ASSIGNS, PARENT, SUBSIDIARIES, AFFILIATES, AND CO-VENTURERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “RELEASEES”) ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL RELEASEES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, INCLUDING, BUT NOT LIMITED TO, YOUR FAILURE TO COMPLY WITH SECTION 4 LABELED “PRIVACY” AND CONTENT POSTED OR SUBMITTED BY YOU AS SET FORTH IN SECTION 5 LABELED “REVIEW OF TRANSMISSION”, OR (II) ANY PERFORMANCE OR NON PERFORMANCE BY RELEASEES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, notwithstanding the foregoing, RELEASEES or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of RELEASEES and the third party providers and distributors shall in no event exceed US$100.00. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
9. INDEMNIFICATION. You shall defend and indemnify RELEASEES and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site. RELEASEES reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall use your best efforts to cooperate with us in the defense of any claim.
16. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
18. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
Effective as of September 3rd, 2013
What information does Evergreen Creations LLC collect and how do they use it?
The information we receive depends on what you do when you visit TheFairyTaleTrail.com. Evergreen Creations LLC will not collect or retain any information about you personally (that is, your name, address, telephone number or e-mail address) unless you choose to provide it to us. On some pages, you can choose to make requests or submit additional information at your discretion.
When you visit our site to read or download information, we may collect and store the following: the name of the domain from which you access the Internet, the date and time you access our site, and the Internet address of the web site from which you linked directly to our site. We may use this information to measure the number of visitors to the different sections of our site and to help us make our site more useful to visitors.
Information provided in joining our activities or in requests for information may also be used to contact you with news of our products. This combined information may be used by Evergreen Creations LLC or a third party to guide us in improving our products and services, or for general business purposes (such as forecasting production).
TheFairyTaleTrail.com may also have various contests, surveys and other events. To join in these activities we typically ask for your name, address, e-mail address, telephone numbers and any comments or questions you may have. We may ask for other personal information on a voluntary basis. We also have opportunities for you to contact us. TheFairyTaleTrail.com may also provide opportunities for you to e-mail information, such as product information, to a friend.
TheFairyTaleTrail.com may also include additional services. Some are provided by third parties. These services may require information in order to service your needs (such as your address). We may also participate in Affiliate programs, which may provide you with additional optional services or benefits.
Evergreen Creations LLC may be required to disclose your information to the government or third parties under a valid legal request (for example, a criminal investigation or a lawful subpoena may force disclosure). This is true of any business.
How can you update your contact information and opt out choices?
You may edit or completely remove your TheFairyTaleTrail.com registration at any time by emailing email@example.com. In certain requests for information there is a box to check if you do not wish to be contacted. In any of our e-mails you receive from Evergreen Creations LLC, there will be instructions for unsubscribing from our contact list. To unsubscribe now, email firstname.lastname@example.org. You may also request to review or change your information by contacting our Customer Care department by e-mail at email@example.com, or mail at Evergreen Creations LLC, 330 East 33rd Street, 8B, New York, NY 10016.
What are cookies and how are they used?
Most browsers automatically accept cookies. However, you can disable cookies on your computer or have your browser notify you when you receive a new cookie by indicating this in the preferences or options menu in your browser.
How secure is my information?
Ensuring security online is an important part of our desire to respect your privacy. Still, no data transmission over the Internet will be 100% secure. While we take steps to protect your personal information, we cannot guarantee the security of any information you transmit to us and you do so at your own risk. You are ultimately responsible for maintaining the secrecy of your username, passwords and/or any account information.
What about underage customers?
TheFairyTaleTrail.com is not intended for use by children without direct involvement of a parent or guardian. If you are under 18, you may use TheFairyTaleTrail.com only with the involvement of a parent or guardian.
What about third party internet sites?
Third party Internet sites and services accessible through TheFairyTaleTrail.com have separate privacy and data collection practices that are beyond our control. While we support the protection of privacy on the Internet, Evergreen Creations LLC cannot be responsible for the actions of any third-party web sites. You're responsible for maintaining the secrecy of your passwords or any account information. We encourage you to read the posted privacy statement of any and every site you visit, whether you are linking from our site or browsing on your own, before agreeing to leave any personal information.
By telephone: (646) 535-6293
By e-mail: firstname.lastname@example.org
By mail: Evergreen Creations LLC, 330 East 33rd Street, 8B, New York, NY 10016.