Last Updated and Effective as of October 18, 2018
Icons & Ballers owned and operated by Icons & Ballers, LLC a Delaware corporation, and/or its affiliates ("we," "us"), takes very seriously the protection and proper use of your personal and non-personal information. We want you to understand what information may be collected from you, how such information is used, and the choices you have regarding the use of this information.
How We Collect and Use Personal Information
Personal Information Collected. During your access or use of the Properties, you may be asked to voluntarily provide certain personal information, such as contact information (including your name, email address, postal address, credit card number, telephone number) gender, payment method and payment information, other purchase information (when associated directly with you), account password, etc. You also may be asked to provide certain personal information about your friend(s) (only with the friend's consent) in connection with a "friend" referral program that we may run from time to time. It is always your choice whether to provide this personal information; however, without providing some of the requested information, certain features will not be accessible, and you will not be able to conduct transactions through the Properties. For example, providing an email address may be a prerequisite to joining our customer rewards program. Additionally, to the extent our Website has a corresponding App, some mobile device users may not be able to install our App without first agreeing to let us access personal location data. Although we try to prevent it, we also may unintentionally collect or receive personal information when mixed in with non-personal information
Other information about you. Additionally, we may ask you to indicate favorite teams and players, and to provide information about your friends and family members who are sports fans, including their favorite teams and players, their birthdays and other similar information. We will treat such information as personal information when it is associated with other personal information provided by you. When such information is not associated with other personal information provided by you, this information will be treated as non-personally identifiable information.
How We Use Personal Information. We may use your personal information:
- To contact and correspond with you;
- To perform our contract with you including responding to your inquiries and processing transactions and payments and fulfilling your order
- To facilitate and enhance your use of the Properties;
- To alert you to our services and those of our affiliates and partners for marketing purposes or otherwise (you can always unsubscribe via a link in the email);
- To comply with legal obligations (including keeping records required by law or to evidence our compliance with laws or to provide information to law enforcement);
- To support our legitimate business interests including
- For our internal business administration, to manage customer accounts, including keeping general records of customers, sales, customer care and other interactions, and to protect genuine customers and our business from fraud to minimize the risk of false details being used, and abuse by fraudsters;
- To manage competitions or other promotions that you have chosen to participate in;
- To improve our marketing activity more generally, including improving your online experience and the products we offer
For example, if you make a purchase through the Properties, we may use your personal information collected during that transaction to market products and services to you that we think may interest you. If you participate in our referral program, we may email the friend you referred inviting him or her to visit our Properties, and may store the email address for the purpose of sending such email(s) and to track the success of that program. Your friend may contact us at email@example.com to request that we remove this information from our database
- We may share your personal information with our affiliates, parents and subsidiaries.
- We may permit our vendors and subcontractors to access your personal information in connection with performing services for us. For example, in order to process your transactions, we may share your personal information with certain third parties, such as your credit card issuer, a third-party credit verification company, the product handler, the delivery service and vendors who may ship product to you directly from their warehouse (called drop-ship vendors). Before personal information is disclosed to such a party, we endeavor to require the parfollowing linksty to agree to protect the privacy and confidentiality of your personal information.
- We also may use your personal information to provide services and/or to provide you with information about products and services.
- If you participate in our loyalty program, we may share your personal information with Business Partners and other third parties as necessary to operate the program and allow you to acquire and redeem points.
- Further, we may use and disclose your personal information: (a) as required by law or legal process; (b) to investigate suspected fraud, harassment or other violations of any law, rule, or regulation; (c) to investigate suspected violations of any terms or policies applicable to the Properties or the services provided by us or our third party providers or affiliates, and (d) if we separately obtained your consent, in other ways that are consistent with that consent.
Data Retention. We will retain your personal information for as long as your account is active (as determined by us) and for a reasonable time thereafter, or such other time period as prescribed by law. We also may retain your personal information for a longer period of time as needed to provide you services or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your personal information, we may continue to retain and use aggregate, anonymous data previously collected and/or anonymize and aggregate your personal information.
How We Collect and Use Non-Personally Identifiable and Aggregated Information
Non-Personally Identifiable Information Collected. Like many other websites and applications, we may automatically collect certain non-personally identifiable information regarding our Properties' users. Such information may include, without limitation, the Internet Protocol ("IP") address of your computer, your device ID, the IP address (which may be used to determine your geographic location) of your Internet service provider, your zip code, the date and time you access the Properties, the Internet address of a referring website, the operating system you are using, the sections or pages of the Properties that you visit, and the images and content viewed. Some of the ways in which we or the Properties may collect and use non-personally identifiable and aggregated information are further described below.
Clickstream Data. As you use the Internet, a trail of electronic information is left at each website you visit. This information, sometimes referred to as "clickstream data," can be collected and stored by a website's server. For example, clickstream data can tell the type of computer and browsing software you use and the address of the website from which you linked to the Properties. The Properties may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Properties, how visitors navigate throughout the Properties and how we may tailor our Properties to better meet the needs of visitors. This information often will be used to improve our Properties and our services. Any collection or use of clickstream data will be anonymous and aggregated, and will not intentionally contain any personal information.
Interest-Based Advertising. We may engage third-party vendors to use non-personally identifiable information in connection with their own information to deliver targeted advertising to you when you visit our Properties or other websites. Cookies and similar technologies, described above, may be used in this process. For example, if you are searching for information on a particular product, our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called "behavioral advertising," is based on anonymous information and not on any personal information. As a result, we and our vendor know your interests, but do not know who you are in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt-out of these interest-based advertisements, please see the Opt-Out Process/Options and Additional Terms section below.
How We Use Non-Personally Identifiable Information. Your non-personally identifiable information can be used by us for any lawful purpose and may be shared with any number of third parties. Such information may be permanently archived for future use. Some examples of how we may use non-personal information are for system administration purposes, analytics and to improve the Properties and our marketing efforts. We may also use the data to build a better picture of the type of offers and products that you might be interested in. Other examples of how we may use such information are provided above, such as "Interest-Based Advertising" and push notifications. We also may use general location data, preferences, or other information received from the Properties, including through your mobile device such as through the App, to send you tailored marketing messages, including making product recommendations. Additionally, we may use non-personally identifiable information to engage in interactive, real-time discussions with users, which we or the users may initiate.
What about Third-Party Websites and Social Media Services?
What Choices Do You Have?
We strive to offer you with choices about how information is used and shared. There are several ways in which you may opt out of the various programs and services we provide. Some of the ways in which you may opt out are described below.
Opting Out of Our Services. If you receive an email from us, you may (i) unsubscribe from all future unsolicited emails from us through a link, typically at the bottom of the e-mail, or (ii) use our email preference center, also typically available through a link at the bottom of the e-mail, to opt out of receiving certain types of emails from us while continuing to receive other types of emails. If you have an account with us, you may opt-out of some or all future unsolicited communications by updating your account's personal information settings. If you participate in our referral program, the friend you referred may contact us at firstname.lastname@example.org to opt out of future communications from us. On most devices, App users may opt out of mobile communications from us via their device settings (mobile browser cookies require a separate opt-out, as explained below). In addition, you may request that we delete your personal information by emailing your request to email@example.com and we will process your request within a reasonable time after receipt, subject to our rights under the Data Retention section above.
Mobile Application-Based Opt-Outs. To the extent we have launched an App, cookie-based opt-outs are not effective on mobile applications. You may opt out of certain advertisements on mobile applications or reset advertising identifiers via their device settings. To learn how to limit ad tracking or to reset the advertising identifier on your iOS and Android device, click on the following links:
- iOS - https://support.apple.com/en-us/HT202074
- Android - https://support.google.com/ads/answer/2662922?hl=en
Location Data Opt-Out. In some cases, such as when using an App, you may also adjust the settings on your mobile device to allow or restrict the sharing of location information. For example, the "location" permissions on your mobile device may allow you to elect whether to never share location information with us, to share location information only while you are using the Properties or always share location information even if you are not using the Properties. If you elect to not share your location information, you may be unable to access some features of our services that are designed for mobile devices. Also, in the event that you prevent the sharing of location information, we may still estimate your general location based on the IP address you use to access our services.
How Can You Access Your Personal Information?
You may request access to your personal information by
contacting firstname.lastname@example.org. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, entitlement to challenge the accuracy and completeness of the information and the ability to have it amended as is appropriate. You may request that we deactivate your account at any time by contacting us at email@example.com. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.
Is Your Personal Information Secure?
When you enter sensitive information, such as a credit card number on our order forms, we encrypt the transmission of that information using secure socket layer technology. We use reasonable security measures to protect the confidentiality of the personal information submitted to us both during transmission and after we receive it. However, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
Can Children Use Our Properties?
We are committed to the preservation of online privacy for all of our visitors, including children. We sell products intended for purchase by adults (i.e., those age 18 or older). If you make a purchase on our Properties, you are representing that you are an adult. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any personal information from children under the age of 13 without the consent of that child's parent or guardian. If you are a child under the age of 13, you are not authorized to use the Properties without consent from your parent or legal guardian. If we become aware that personal information from a child under 13 has been collected without such child's parent or guardian's consent, we will use all reasonable efforts to delete such information from our database. If any parent, guardian or other responsible adult becomes aware that we have collected personal information from a child under the age of 13, please contact us at firstname.lastname@example.org
Other Notices and Important Information
Icons & Ballers, LLC
XXXXXXX, XX, XXXXXX
To the extent you believe we have not addressed your concerns or otherwise choose to do so, you have the right to lodge a complaint with a supervisory authority. You may contact the US Federal Trade Commission regarding your concerns
Terms and Condition
NOTICE REGARDING DISPUTE RESOLUTION. THESE TERMS CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE ONLINE STORE WILL BE RESOLVED FOR EXAMPLE, SECTION 22 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Warranty Disclaimers and liability limitations. While there are significant points throughout these Terms, please note Section 17 and 18 contain important limitations on our liability.
Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Properties without our prior written consent; Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email; Using a framing or similar technique without our prior written permission; Creating or maintaining any link from another website to any page on the Properties without our prior written permission; Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; Covering or obscuring the banner advertisements on the Properties, if any, via HTML/CSS or any other means; Any automated use of any system, such as using scripts to alter content; Interfering with, disrupting, or burdening the Properties or the networks, systems or services connected to the Properties; Using any automated system or software to extract data from the Properties for commercial purposes (including "screen scraping"); Attempting to impersonate another user or person at checkout or otherwise; Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account; Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Properties on behalf of that person, such as placing commercial content on the Properties; Using the Properties for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes; Attempting to include any of the following in merchandise that is offered for sale through the Properties and that permits user-added content (e.g., a personalized jersey): (i) images that contain obscene, profane, pornographic or otherwise objectionable content; (ii) images, names or likenesses owned by any third party without such third party's authorization; (iii) any images of a person who has current or remaining collegiate athletic eligibility; or (iv) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness; or Using the Properties in a manner inconsistent with any applicable law, rule or regulation.
5. IB Points. IB Points, is a loyalty discount redeemable only toward future purchases on the Properties or, at our discretion, certain other websites operated by us or one of our affiliates. No consideration is required from you to obtain IB Points but in order to obtain IB Points, you must create and maintain a customer account registered with a valid email address and check out while logged into that account on one of the websites, which is then offering IB Points. To earn and redeem IB Points you must create and maintain a customer account registered with a valid email address and check out while logged into that account on one of our websites which is then offering IB Points. If you check out as a guest, you will not earn or be able to redeem IB Points even if you have an account. Registered users logged into their accounts at checkout will automatically earn 3% IB Points on all eligible merchandise purchases and have any existing balance applied as a discount on their eligible merchandise purchase. All merchandise (including sale and promotional items) is eligible for earning IB Points, excluding gift cards. If you return merchandise for which you earned IB Points, that IB Points will be deducted from your IB Points balance. When you login to your account, you may view your IB Points balance (which will be applied automatically toward the next purchase) and you will also be able to see which websites are currently offering IB Points. Unless required by law, IB Points is not redeemable for cash, and cannot be transferred, sold or distributed to others and cannot be applied to shipping, expenses or sales taxes.You will receive periodic emails about your IB Points balances and program news or promotions. IB Points expires as follows: IB Points earned 1/1/18 or later will expire 6 months after your most recent purchase. IB Points earned between 7/1/2018 and 12/31/18 expires 11:59 PM ET 12/31/18. We reserve the right to discontinue IB Points or modify the terms applicable to IB Points at any time. IB Points is a registered trademark of Icons & Ballers.
8. Products, Content and Specifications. The inclusion of any products or services on the Properties does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Properties by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Properties, and product packaging and material may contain additional or different information. Always read labels, warnings, directions or other materials provided with the product before using. In addition, we may make changes to information about price, availability or other product attributes without notice. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them).
9. Placing an Order; Limitations; Order Acceptance. By placing an order, you agree that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law and that you have the right to use any payment method that you provide to use. You may not order products with the intent to resell them.
We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, for any reason including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We accept your order only upon shipment of the product. With respect to the shipment of products and services sold through the Properties, risk of loss and title for items purchased from the Properties pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession or use of any item purchased from the Properties.
12. Digital Millennium Copyright Act (DMCA) Notice. Materials (including User Content) may be made available via the Properties by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Properties for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Properties.
If you believe any materials on the Properties infringe a copyright, you should provide us with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Icons & Ballers, LLC
1720 Spruce Street
Highland Park, IL 60035
13. No Ideas Accepted. We do not accept any unsolicited ideas to this Website from outside Icons & Ballers including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant us an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
19. Third Party Transactions. Through your use of the Properties, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Properties. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE PROPERTIES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US
20. U.S. Export Controls. Software made available to you by the Properties (the "Software"), if any, is subject to U.S. export controls. No Software may be downloaded from the Properties or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
22. Arbitration; No Class Action. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use or accessing the Properties or Offers constitutes your acceptance of this Arbitration provision.
As a condition of using the Properties, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Properties (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
You may seek arbitration of a Claim by contacting our registered agent at: Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by AAA's rules. The AAA's rules are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys' fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.
24. Contact Information. Icons & Ballers, LLC, XXXXXX XXXXXX, XXXXX, ST XXXXX.