Privacy

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.

Accordingly, this policy ("Privacy Policy") explains how we collect, use and disclose your personal and other information through our website (the "Website"), and if launched, our mobile application associated with the Website (the "App"), regardless of how accessed (collectively, the Website and the App are referred to as the "Properties"). We will treat your information consistent with this Privacy Policy unless you have consented otherwise. Also, you may opt-out of certain uses and disclosures of your personal information, as further explained in this Privacy Policy.

Your Consent

By accessing and using the Properties, you consent to the collection, use and disclosure of your information in accordance with this Privacy Policy and you agree to be legally bound by its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE PROPERTIES

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.

Please note that we may obtain information about you from other sources, including third-party sources such as advertising networks and social media platforms and networks, and combine that information with data collected through the Properties, including personal information. This combined information may result in, among other things, a profile about you, which we may use in accordance with this Privacy Policy.

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
  • And for other purposes not prohibited by this Privacy Policy.

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 privacy@iconsandballers.com to request that we remove this information from our database

Sharing Your Personal Information.  We, our affiliates and our Business Partners (as defined below) share your information with each other. We may also share your personal information with third parties in the ways that are described in this Privacy Policy.  

  • 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. 
  • We also may transfer your personal information in connection with a sale, merger, change of control, bankruptcy or similar transaction. You will be notified via email (sent to the email address specified in your account) or a notice or updated Privacy Policy on our Website if such a transaction results in the transfer of control of your personal information to a non-affiliate.
  • We may share your personal information with a third party with whom we have a relationship in connection with our operation of the Website or App, such as a licensor or other rights holder (a "Business Partner").  For example, we may share your personal information with a Business Partner when you purchase that Business Partner's merchandise from us. Business Partners may use your personal information for their own business purposes, including to send you information about their products or services.  Business Partners will use your personal information in accordance with their privacy policy.  You will need to contact such Business Partners to instruct such Business Partners directly regarding your preferences for the use of your personal information by such Business Partners (including if you would like to opt-out of receiving future emails from a Business Partner).

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.

Contests and Promotions If contests or promotions are made available through the Properties, the applicable contest or promotion rules may include rules regarding the collection, use and disclosure of personal information. To the extent that those specific rules conflict with this Privacy Policy, the contest or promotion rules will supersede this Privacy Policy with respect to the conflicting terms and the non-conflicting terms of this Privacy Policy and our Terms of Use will continue to apply.

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.

Cookies, Tracking Pixels, and Similar Technologies. The Properties may use cookies, a type of technology that installs a small amount of information on a website user's computer or other device to permit a website to, for example, recognize future visits using that computer or device. The Properties may use other similar technologies (including, without limitation, tracking pixels, as described further below, and other anonymous identifiers) to gather non-personally identifiable information. The Properties also may use cookies and similar technologies on the Properties to customize your visit, to enable us to enhance our service, or for other purposes. For example, information provided through cookies is used to recognize you as a previous user of the Properties so you do not have to enter your personal information every time and to offer personalized content. You may choose to decline cookies by adjusting your browser preferences, but doing so may affect your use of the Website and your ability to access certain features of the Properties or engage in transactions through the Properties. If you delete your cookies, change browsers or change devices, cookies that the Properties may use (or an opt-out cookie) may no longer work. Cookies and similar technologies also may be used by our affiliates, a tracking utility company, and other parties to, for example, make it easier for you to navigate our Properties. We do not have access to or control over these cookies and technologies and we cannot state whether these parties will comply with this Privacy Policy. Additionally, the Properties may employ, either directly or through trusted third parties, tracking pixels. Tracking pixels are tiny, transparent graphics with a unique identifier, similar in function to cookies, and are used to provide analytical information concerning the user experience as well as to support custom marketing activities for users of the Properties. In contrast to cookies, which are stored on a user's computer hard drive, tracking pixels are embedded invisibly on web pages. The Properties may use tracking pixels to help us better manage content, such as by improving the user interface or improving our marketing programs. The Properties also may use non-personally identifiable information to create aggregate tracking information reports regarding user demographics, traffic patterns and purchases and may link tracking information with personal information provided by users.

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.

Location Information; Push Notifications. The Properties may be collecting your located, geo-IP and other location data. We use this information to help us maintain and enhance the efficiency and usefulness of the Properties and may use it and other non-personally identifiable information for the purposes described in this Privacy Policy. Additionally, we may also receive location data from other third parties. To the extent our Website has a corresponding App, we may use our App to obtain the user's precise location if the user of the App permits the App to request and collect this information from the applicable mobile device. We also may determine your zip code from the precise location data received from the mobile device of an App user. Users of the Properties also may elect to provide us with their zip code directly. Unless specifically associated with personal information, zip codes are treated as non-personally identifiable information. We also may enable our App to offer automatic (or "push") notifications. We will provide push notifications only to those users who permit such notifications.  If you would like to opt-out of location-based advertising and push notifications, please see the Choices section below.

Cross Device Matching. We may now or in the future have the ability to match your devices using the data collected, making educated predictions, and, in some cases, using deterministic data (e.g., unique identifiers) or other content across devices. We may then, subject to the limitations otherwise set forth in this Privacy Policy and applicable law, display targeted advertisements to you across your devices unless it is an Opted-Out Device (as defined 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?

Third-Party Websites. The Properties may contain links to other websites or Internet resources. When you click on one of those links, you are contacting another website or Internet resource. We have no responsibility or liability for, or control over, those other websites or resources or their collection, use and disclosure of your information. We suggest that you read the privacy policy and terms of use of each such website

Social Media, Widgets and Open Forums. Our Properties may allow you to engage with social media services, such as Facebook, Twitter, Pinterest and Instagram ("Social Networks"), and widgets such as the "Share this" button, or interactive mini-programs that run on our Properties or which link from Social Networks to our Properties ("Social Functions"). These Social Functions may access, collect and integrate with your Social Network accounts and information. For example, these Social Functions may collect your IP address, identify which page you are visiting on our Properties, or set a cookie. Social Functions may also be used to register you as a Website or App user. For example, if you are not currently registered as a Website user and you use certain Social Functions, you will be asked to enter your Social Network credentials and then be given the option to register and join the Website. If you choose to use these Social Functions, you may be sharing certain Social Network profile elements with us, including your name, birthday (month/day), comments, contacts, email address, photos or favorite teams. This sharing is subject to each Social Network's own privacy policy and terms of use. We do not control those Social Networks or your profiles on those services. Nor do we modify your privacy settings on those services or establish rules about how your personal information on those services will be used.  Social Functions are either hosted by a third party or hosted directly on our Properties. Your interactions with them are governed by the privacy policy of the company providing them. Please refer to the privacy settings in your Social Network account to manage the data that is shared with us through your account. Information you include and transmit online in a publicly accessible blog, chat room or Social Network, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We do not control such uses of your personal information, and by using such services you assume the risk and acknowledge that the personal information provided by you may be viewed and used by us and/or third parties for any number of purposes and that the usage restrictions set forth in this Privacy Policy do not apply to such services. To request removal of your personal information from a blog, community forum or other publicly-accessible part of the Properties, contact us at privacy@iconsandballers.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so.

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 privacy@iconsandballers.com 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 privacy@iconsandballers.com and we will process your request within a reasonable time after receipt, subject to our rights under the Data Retention section above.

Direct Marketing Opt-Out. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt-out of such disclosures by sending an email to privacy@iconsandballers.com. However, we are not responsible for removing your personal information from the lists of any third party who has previously been provided with your information in accordance with this Privacy Policy, and any elections or privacy choices you may make with respect to receipt of certain types of e-mails or marketing communications from us will not apply to any such third parties. You should contact any third parties that send you communications directly with respect to choices that they may make available to you with respect to such communications.

Interest-Based Advertising Opt-Out and Do Not Track Signals. With respect to "do not track" (a/k/a DNT) signals or similar mechanisms transmitted by web browsers, the Properties do not respond to or honor such signals or mechanisms. This means that third parties, such as ad networks, web analytics companies, and social networking platforms (some of whom are discussed elsewhere in this Privacy Policy), may collect information about your online activities over time and across our Properties and other third-party online properties or services. These companies may use information about your visits to our Properties and other sites, and general geographic information derived from your IP address, in order to provide advertisements about goods and services of interest to you.  For more information about third-party advertisers and how to prevent them from using your information, please visit http://www.networkadvertising.org/choices/. This is a site offered by the Network Advertising Initiative ("NAI") that includes information on how consumers can opt-out from receiving interest-based advertising from some or all of NAI's members. You can also visit http://www.aboutads.info/choices, which is a site offered by the Digital Advertising Alliance ("DAA") that includes information on how consumers can opt-out from receiving internet-based advertising from some or all of DAA's participating companies.  Opting out of interest-based advertising does not mean that you will no longer see any advertisements; rather, you will still see advertisements that are general and not tailored to your specific interests and activities. Further, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out.  For example, if you have opted out on your computer browser, that opt-out will not necessarily be effective on your mobile device. In the event we are performing cross device matching (as described above), once you have opted out on one device ("Opted-Out Device"), we will not use any new data from the Opted-Out Device to identify you on another device for interest-based advertising purposes and we will not use data from another device for interest-based advertising purposes on the Opted-Out Device.

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:

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 privacy@iconsandballers.com. 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 privacy@iconsandballers.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 privacy@iconsandballers.com

Other Notices and Important Information

Privacy Policy Changes. We have the sole discretion to change, modify, add or remove portions of this Privacy Policy from time to time. New versions of this Privacy Policy will be posted here. Our collection, use and disclosure of your information will be governed by the version of this Privacy Policy in effect at the time of such collection, use or disclosure. If we materially change the way that we collect, use or disclose your personal information, we will notify you through a notice or updated Privacy Policy on the Properties, or by email (sent to the email address specified in your account), prior to or upon the change(s) becoming effective. Accordingly, when you access or use the Properties, you should check the date of this Privacy Policy and be aware of any changes since the last version. Your continued use of the Properties following the posting of any changes to this Privacy Policy means that you accept such changes.

Servers in the United States of America. Our servers are maintained in the United States of America ("USA").  By using the Properties, you freely and specifically give us your consent to export your personal information to the USA and to store and use it in the USA as specified in this Privacy Policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

Terms and Conditions. Use of the Properties is governed by, and subject to, the Terms of Use, and this Privacy Policy is incorporated therein. Your use or accessing of the Properties constitutes your agreement to be bound by the Terms of Use.

If you have any questions about this privacy policy or wish to exercise your rights, you may contact us at:

Icons & Ballers, LLC
XXXX XXXXXXXX
XXXXXXX, XX, XXXXXX

privacy@iconsandballers.com

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

Published 10/18/18

Terms of Use

These Terms of Use are effective as of, and were last updated on, October 18, 2018

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.

Welcome to Icons & Ballers. The following terms of use (the "Terms of Use") contain the terms and conditions applicable to you and your access to and use of this website, www.iconsandballers.com, including the mobile version (collectively, the "Website"), and our mobile application (the "App"), if applicable, in each case regardless of how accessed (collectively, the Website and the App are referred to as the "Properties"). The Properties are owned and operated by Icons & Ballers, LLC, a Delaware corporation, and/or its affiliates ("Icons & Ballers," "we", "us", "our"). Your use of the Properties (and any other feature, content or application offered by the Properties) is at all times subject to these Terms of Use, as the same may be modified by us, and all applicable laws, rules and regulations. Please read these Terms of Use carefully. If you are dissatisfied with these Terms of Use or the Properties or any material on the Properties, your sole and exclusive remedy is to discontinue using the Properties

1. Acceptance of Terms of Use. BY ACCESSING AND USING THE PROPERTIES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. If you do not agree to be bound by these terms of use, you may not access or use the Properties. These Terms of Use may be changed, modified, or altered by us in our sole discretion at any time without prior notice. If we materially change the Terms of Use, we will notify you through a notice, updated Terms of Use on the Properties or by email (sent to the email address specified in your account, if any), prior to or upon the change(s) becoming effective. Accordingly, when you access or use the Properties, you should check the date of the Terms of Use and be aware of any changes since the last version. Your continued use of the Properties following the posting of any changes to these Terms of Use means that you accept such changes. Your access to and use of the Properties will be governed by the Terms of Use in effect at the time of such access or use.

2. Other Sources of Terms and Conditions; Promotions and Coupons. Certain provision of the Terms of Use may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Properties, and, additionally in order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Properties ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the Additional Terms. Certain merchandise, shipping methods, costs or membership programs, and/or delivery times may be modified or not available in connection with an Offer. Your redemption of the Offer or use of such pages constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms of Use and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms of Use will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms of Use or any Additional Terms does not constitute a conflict.

If an Offer does not contain Additional Terms, then only these Terms of Use apply. Under these Terms of Use, unless otherwise prohibited by law, any Offer: (a) is valid only at the Property identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household, or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order.

3. Use of the Properties. The content and information posted by us on the Properties may be used only for informational, personal or other purposes authorized by us. By accessing and using the Properties, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Properties does not violate any applicable law, rule or regulation. While we sell merchandise for children's use, this merchandise is intended for sale only to adults. The Properties are general use sites and not targeted toward children under the age of 13. The Properties are intended for use by residents of the United States or non-residents that agree to use the Properties in accordance with U.S. laws, these Terms of Use and the Privacy Policy. By using the Properties, you further represent and warrant that you (i) are located inside the U.S. or (ii) are located outside the EU and agree to be bound by U.S. laws. Use of and access to the Properties is void where prohibited.

4. Unauthorized Use. You may not use the Properties for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms of Use may immediately and automatically terminate your right to use and access the Properties and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Properties. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Properties include, but are not limited to:

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.

6. Links to Third Party Sites; Advertisers. The Properties may provide you with links or other access to other websites, services, products or content of third parties, including the Other Platforms, as defined in Section 10 below ("Third Party Sites"). We have no control over, and do not necessarily endorse, any Third Party Site's services, products or content. You acknowledge and agree that you access such Third Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third-Party Site that you access.

7. Privacy Policy. You agree to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy ("Privacy Policy"). All provisions of the Privacy Policy are incorporated by reference herein.

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.

10. Property; Intellectual Property. Users may be able to post content in certain areas on the Properties or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest ("Other Platforms"). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the Properties or Other Platforms ("User Content"). Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content. You further agree that this means that any User Content may appear on sites other than the Property through which you submitted your User Content including but not limited to Other Platforms. You represent and warrant that: (a) you own the User Content posted by you on the Properties or otherwise have the right to grant the license set forth in this Section 10; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content on the Properties does not result in a breach of any contract between you and a third party. You agree that you will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with with respect to any User Content. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Properties. We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

11. User-Generated Content. Users may be able to post content in certain areas on the Properties or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest ("Other Platforms"). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the Properties or Other Platforms ("User Content"). Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content. You further agree that this means that any User Content may appear on sites other than the Property through which you submitted your User Content including but not limited to Other Platforms. You represent and warrant that: (a) you own the User Content posted by you on the Properties or otherwise have the right to grant the license set forth in this Section 10; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content on the Properties does not result in a breach of any contract between you and a third party. You agree that you will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Properties. We are under no obligation to screen or monitor User Content but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

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
info@iconsandballers.com

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.

14. Termination of Access and/or Account. YOUR USE OF THE PROPERTIES IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE PROPERTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THESE PROPERTIES ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE PROPERTIES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

15. Term. These Terms of Use shall remain in full force and effect while you use or access the Properties or have an account with the Properties. See our Privacy Policy for instructions on how to modify or delete your account. Sections 2, 7 and 12-21, together with all other terms that reasonably may be interpreted as surviving, shall survive any termination of these Terms of Use.

16. Indemnity. You agree to defend, indemnify and hold us, our subsidiaries, affiliates, suppliers, and licensors and each of our respective officers, agents, partners and employees (the "Icons & Ballers Parties") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of (1) your use of the Properties in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein) (2) any allegation that any content or other material you have submitted or transmitted to the Properties infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; (3) your violation of applicable law, and / or (4) your activities or omissions in connection with the Properties.

17. DISCLAIMER OF WARRANTIES. YOUR USE OF THE PROPERTIES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE PROPERTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THESE PROPERTIES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PROPERTIES, ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE PROPERTIES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROPERTIES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

18. LIMITATION ON LIABILITY. These Terms of Use and your use of the Properties will be governed by federal and Delaware law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Properties.

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.

21. Governing Law. These Terms of Use and your use of the Properties will be governed by federal and Delaware law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Properties.

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.

23. Miscellaneous. We may give you notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Properties or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Properties are personal to you and may not be transferred or assigned. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Properties or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is deemed to be illegal, invalid, void or for any reason unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Properties), constitute the entire understanding between you and us. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.

24. Contact Information. Icons & Ballers, LLC, XXXXXX XXXXXX, XXXXX, ST XXXXX.

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