Who We Are and Our Policy
Hello! Thanks for being part of the IndyStorm, LLC (“company”, “we”, “us”, or “our”) community! We like to run conventions and grow communities and don’t sell your data. We’re committed to protecting your information and privacy rights. If you have any questions or concerns about the below, please contact us at email@example.com.
Your Acceptance of Terms
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Intellectual Property Rights
Prohibited Uses of the Site
Any unauthorized use or change of information or interference with the availability or proper working of any part or feature of the Site or its security measures is prohibited. Without limiting the foregoing, you agree that you will not, directly or indirectly through any third party, engage in any of the following activities with respect to the Site, Product, or Content:
- copy, mirror, archive, intercept or redirect any Content.
- redistribute, reproduce, make a derivative work from or commercially exploit the Content in any manner.
- page or screen scrape, web harvest, or use any robot, spider, indexing agent or other automatic device, process or means to access the Site for any purpose, including extracting data from, monitoring or copying the Content.
- use the Site in a manner that could disable, overburden, damage or impair it or interfere with another party’s use of it.
- introduce to the Site any virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful.
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts or features of the Site or the Content, the servers that store the Site and Content, or any server, computer or database connected to the Site or operated by us.
- use a denial-of-service attack or a distributed denial-of-service attack against the Site.
- attempt to extract or reverse engineer the source code of any software that comprises any part of the Site or the Content.
- display or use any Content or Product for any commercial purpose in publications, public performances, audiovisual works, or on other websites or applications, in any manner likely to cause confusion, to disparage or discredit us, to dilute the strength of our intellectual property, or to otherwise infringe the on our, or third party’s, intellectual property rights.
- frame or use framing techniques to enclose any Content, trademark, logo, intellectual property or other proprietary information (including images, text, page layout or form) of us without our express written consent.
- use any metatag or any other “hidden text” utilizing our name or trademarks without our express written consent.
- use any technology or other means to hide your identity.
Links and Other Third-Party Applications
No Endorsement of Third-Party Websites by Us.
The existence of links to any of the Site on third-party websites or applications does not imply or signify any relationship, endorsement or other connection between us and the owner or operator of the website or application containing the links. We are not responsible for inaccuracies in information which may be contained on or implied from any third-party websites or applications. We do not authorize any other parties to make representations or warranties on our behalf.
Limited Permission to Link to Our Homepage.
You may link to the homepage of the Site only if the link or the manner of linking does not damage or take advantage of our reputation, you do not suggest that we approve, endorse or are in any other way associated with your activities, products or services, and you immediately remove any links to our Site at our request.
Disclaimers Relating to Third-Party Applications Included by Us.
The Site may include third-party technology, links to other websites, software, applications or other resources provided by third parties. We do not have any control over the content of the third-party websites or resources, and the links are provided for your convenience only. You therefore acknowledge and agree as follows: we are not responsible for the practices or policies of third parties or for any loss or damage that may arise from your use of any third-party application, content, or site; your use any third-party application, content, or site is at your own risk; and you are subject to the terms and conditions of use of any such third-party application, content, or site.
Disclaimer of Warranties Relating to Use
THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF THEM IS AT YOUR OWN RISK. ACCORDINGLY, THE SITE AND ALL CONTENT PROVIDED THEREIN ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE SITE OR CONTENT OR PRODUCT INCLUDED IN THEM, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ACCURACY, COMPLETENESS, QUALITY, SUITABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AND (ii) WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU THEREFORE ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA AND/OR EQUIPMENT IN CONNECTION WITH YOUR USE OF THE SITE. YOU SHALL HOLD INDYSTORM, LLC HARMLESS FROM AND YOU SHALL NOT SUE INDYSTORM, LLC FOR ANY CLAIMS BASED ON YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT.
Limitation of Liability Relating to Use
TO THE FULLEST EXTENT PERMITTED BY LAW, INDYSTORM, LLC AND ANY OWNERS OR EMPLOYEES WILL NOT BE LIABLE IN CONTRACT, WARRANTY, TORT OR UNDER ANY OTHER LEGAL THEORY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, GOODWILL, LOSS OF DATA OR ANY OTHER LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, OR FOR YOUR RELIANCE ON THE CONTENT IN THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification Relating to Use
As a condition to your use of the Site, to the fullest extent permitted by law, you agree to defend, indemnify and hold harmless IndyStorm, LLC and any owners, employees, vendors and suppliers from and against any liabilities, losses, damages, costs and other expenses (including court costs and reasonable attorneys’ fees) arising or resulting directly or indirectly out of any breach by you of the Terms and Conditions, your use of the Site, your use of any Products, or Content submitted by you.
Prices and Payment Terms
Published prices don’t include taxes, duties, brokerage or shipping costs, and they may be changed without notice. All payments must be in U.S. Dollars. Paypal, Visa, MasterCard and American Express will generally be accepted for orders, but credit card arrangements are subject to change.
Right to Correct, Reject or Cancel Orders
We reserve the right to correct typographic errors and reject or cancel orders because applicable law prevents the sale of the Products in your area or for any other reason.
In addition to the published price, we may charge you for shipping, taxes and all other expenses that we incur in connection with the shipping of your order.
Taxes and Governmental Charges
You are responsible for all applicable national, state, provincial and local sales and use taxes, value added taxes, duties, tariffs and other governmental fees which may be imposed in connection with your purchase of Products from us. When we collect taxes and other governmental fees from you, the amount collected will be stated separately on the invoice. If you are claiming an exemption from sales tax, you are responsible for providing a valid sales tax exemption certificate and you agree that you will not claim a sales tax exemption for purchases that do not qualify as exempt. If your claim of exemption for any purchase is deemed invalid by the taxing jurisdiction, you will upon request reimburse us for any and all taxes which we are required to pay on that purchase.
To return a Product, send it back to us. You will be given credit upon our receipt of the returned Product. We reserve the right to reject returns of Products used or damaged by the customer or designated as non-cancellable or non-returnable.
Limited Product Warranty
Because we don’t manufacture the Products we sell, our only warranty or other obligation and your only remedy against us with respect to our Products is for us to replace any Product which is defective in material or workmanship when sold and which you return to us. ALL OTHER WARRANTIES AND REMEDIES WITH RESPECT TO THE PRODUCTS WE SELL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT IN ALL JURISDICTIONS WE DISCLAIM IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability and Remedies Concerning Products
TO THE FULLEST EXTENT PERMITTED BY LAW, INDYSTORM, LLC AND ANY OWNERS OR EMPLOYEES WILL NOT BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR ANY OTHER LOSSES (OTHER THAN THE COST OF THE PRODUCT) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF YOUR PURCHASE OF ANY PRODUCT FROM US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ANY LIABILITY FOR CLAIMS ARISING OUT OF THE MISUSE, IMPROPER SELECTION, OR IMPROPER MODIFICATION OF A PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIMS RELATED TO THE PRODUCTS WE SELL IS THE RIGHT TO RETURN THE PRODUCTS AND OBTAIN AT OUR OPTION A REFUND OF THE PURCHASE PRICE OR REPLACEMENT OF THE PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE) SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT GIVES RISE TO THE CLAIM. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR ACTION BROUGHT AGAINST US ARISING OUT OF ANY PRODUCT WE SELL TO YOU MUST BE BROUGHT WITHIN ONE YEAR AFTER THE PRODUCT HAS BEEN DELIVERED TO YOU.
Your Responsibilities to Us
Compliance with Laws
WE MAKE NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) THAT PRODUCTS OFFERED FOR SALE BY US COMPLY WITH ANY LAWS, CODES OR REGULATIONS GOVERNING THEIR PURCHASE, USE, HANDLING, STORAGE, RESALE, TRANSPORTATION, DISPOSAL, EXPORT OR IMPORT, THAT THEY ARE AVAILABLE FOR SALE OR USE IN YOUR JURISDICTION, OR THAT THEY ARE APPROPRIATE OR SUITABLE FOR YOUR PURPOSES OR USE. You are solely responsible for ensuring your compliance with all applicable laws governing purchase, use, handling, storage, transportation, export and import of the Products you purchase from us.
Your Indemnification of Us
If you purchase Products through our Site, you agree that any contract of sale resulting from an e-commerce transaction is legally binding and enforceable, notwithstanding the provisions of any law relating to whether agreements must be in writing or signed by the parties to be bound thereby; and copies of our e-commerce records are admissible in any legal proceeding under the business records exception to the hearsay rule, the best evidence rule or any other rule of evidence, notwithstanding that such records were not originated or maintained in documentary form.
Generally Applicable Terms
Jurisdiction, Choice of Law and Jury Trial Waiver
Acts of God
We are not liable for any delay in or impairment of our performance caused in whole or in part by acts of God, labor disruptions, acts of war, terrorists, criminals, hackers or vandals, governmental decrees or controls, riots, epidemics and quarantines, communications disruptions, power failures, accidents, explosions, fires, inability to obtain or ship products, inability to obtain licenses or permits, shortages or inability to obtain supplies or raw materials, severe weather, natural disasters and catastrophic events, or any other occurrence which is beyond our reasonable control in the conduct of business.
Assignment; No Third Party Benefit
Information We Collect
We collect personal information that you voluntarily provide to us. This could be either from registering with the Site, signing up for the subscription, buying a product, or otherwise contacting us. We only collect information when we have a reason to do so and depending on how you interact with us. The information we collect can include the following:
- Name and Contact Data – your first and last name, email address, postal address, phone number, and other similar contact data.
- Credentials – your collect passwords, password hints, and similar security information used for account access and authentication.
- Payment Data – data necessary to process your purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor. Please review their privacy policies and contact the payment processor directly if you have questions.
Logically, all personal information that you provide must be true, complete and accurate. Please notify us of any changes to such personal information.
Further, we collect information device and usage information automatically generated when you visit our site. This includes IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. Likewise, if you visit our site with a mobile device, we may collect device information like your mobile device ID, model and manufacturer, operating system, version information and IP address. This information is for analytics and reporting, but primarily to maintain security and operation of the site.
Like most on the internet, we collect information through cookies and similar technologies (for more information, see below).
We may also obtain information about you from public sources, marketing partners, social media platforms (e.g. Facebook), and other third parties. This could include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).
How and Why We Use Information
We use personal information collected via our Site for several business purposes. Such as:
- To facilitate account creation and logon process.
- To provide our products. We use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Site.
- To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you provide for our marketing campaigns. You can opt-out of our marketing emails at any time.
- To communicate with you. For example, by emailing you to ask for your feedback, share tips for getting the most out of our products, or keep you up to date on the Site. If you don’t want to hear from us, you can opt out of marketing communications at any time. (If you opt out, we’ll still send you important updates relating to your account).
- To protect our Site. We may use your information as part of our efforts to keep our Site safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms, conditions and policies.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to analyze the data we hold to determine how to respond.
- For other Business Purposes To ensure quality, maintain safety, and improve our Site. For example, by seeing how users interact with our site and making changes we think users will enjoy.
Sharing Information with Third Parties
We are a small company that likes to make conventions and play games. We are not a data company and we will not sell your data. Any data sharing will happen in the following situations:
- Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- To protect rights, property, and others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of IndyStorm, LLC, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information to aid in the emergency without delay.
- Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how you interact with the Site. This information may be used to analyze and track data, determine the popularity of products and better understand Site activity
- With your consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties when you authorize us to do so, like when you connected your site to a social media service through our Publicize feature.
- Aggregated or de-identified information: We may share information that has been aggregated or de-identified, so that it can no longer reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Site.
- Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Site) or otherwise interact with public areas of the Site, such personal information may be viewed by all users and may be publicly distributed outside the Site in perpetuity.
How Long We Keep Information
We generally discard information about you when it’s no longer needed for the purposes for which we collect and use it and we’re not legally required to keep it.
No purpose in this policy will require us keeping your personal information for longer than 90 days past the termination of your account.
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so. We monitor our Services for potential vulnerabilities and attacks.
What are Cookies? A cookie is a small text file that our website places on your computer or mobile device. Your browser provides the cookie to us each time you return to our website. Cookies help us to identify you and to provide you with information that is relevant to you when you return to our site. Cookies also help us understand how our site is being used so that we can make it more effective for our users.
Types of Cookies We Use. We use only “Strictly Necessary”, “Performance”, and “Functionality” cookies on our site. These cookies are described below.
Strictly Necessary Cookies. These cookies are essential to the use of our site, as they enable you to move around the site and use its features, such as accessing logged in or secure areas.
Performance Cookies. These cookies collect information about how you have used the site, for example, information related to the unique user name you have provided, so that less strain is placed on our backend infrastructure. These cookies may also be used to allow us to know that you have logged in so that we can provide you with different content than that provided to a new user. We also use this type of cookie to track aggregate usage of our site. The information collected is used to improve how the site works.
Functionality Cookies. These cookies allow us to remember how you logged in, when you logged in or out, and the history of your activity on our site. These cookies also allow us to tailor the service to provide enhanced features and content for you. The information collected by these cookies may be anonymous, and they are not used to track your browsing activity on other sites or for other services.
First and Third Party Cookies. First-party cookies are cookies that belong to us, third-party cookies are cookies that another party places on your device through our site. Third-party cookies may be placed on your device by someone providing a service for us, for example to help us understand how our service is being used.
Duration of Cookies on your Device. The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
“Do Not Track” Signals
Our Site is not configured to respond, and it does not respond to “do not track” signals.
Disclaimers Relating to Privacy Laws Outside the United States
The Site are operated by us from our office in the United States. Information that you submit to us from outside the United States through the Site will be transmitted to the United States (including to our service providers located in the United States), which may have privacy laws that are less protective than the privacy laws of the jurisdiction in which you reside. By using our website and other Site, you consent to this transfer. We make no representation that our website is appropriate or available for use in locations outside the United States.
You have several choices available when it comes to information about you:
- Limit the information that you provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Site may not be accessible.
- Opt out of marketing communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications or let us know. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.
- Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site
- Close your account: While we’d be very sad to see you go, you can close your account if you no longer want to use our Site.
If you are located in California, you may have certain rights regarding your personal information, like the right to request access to or deletion of your data.
California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (“CCPA”) requires us to provide California residents with some additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it.
The CCPA also requires us to provide a list of the “categories” of personal information we collect, as that term is defined in the law, so, here it is. In the last 12 months, we collected the following categories of personal information from California residents, depending on the Services used:
- Identifiers (like your name, contact information, and device and online identifiers);
- Commercial information (your billing information and purchase history, for example);
- Characteristics protected by law (for example, you might provide your gender as part of a research survey for us);
- Internet or other electronic network activity information (such as your usage of our Services, like the actions you take as an administrator of a WordPress.com site);
- Geolocation data (such as your location based on your IP address);
- Audio, electronic, visual or similar information (such as your profile picture, if you uploaded one);
- Professional or employment-related information (for example, your company and team information if you are a Happy Tools user, or information you provide in a job application); and
- Inferences we make (such as likelihood of retention or attrition).
You can find more information about what we collect in the above.
We collect personal information for the business and commercial purposes described in the above, and we share this information with the categories of third parties described above.
If you are a California resident, you have additional rights under the CCPA, subject to any exemptions provided by the law, including the right to:
- Request to know the categories of personal information we collect, the categories of business or commercial purpose for collecting and using it, the categories of sources from which the information came, the categories of third parties we share it with, and the specific pieces of information we collect about you;
- Request deletion of personal information we collect or maintain;
- Opt out of any sale of personal information; and
- Not receive discriminatory treatment for exercising your rights under the CCPA.
Contacting Us About These Rights
You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to or you’d like to contact us about one of the other rights reach out to us (see below).
When you contact us about one of your rights under this section, we’ll need to verify that you are the right person before we disclose or delete anything. For example, if you are a user, we will need you to contact us from the email address associated with your account. You can also designate an authorized agent to make a request on your behalf by giving us written authorization. We may still require you to verify your identity with us.
How to Reach Us
That’s it! Thanks for reading.
Last updated: April 29th, 2020