TERMS AND CONDITIONS
Cellurart is a social design service where you can create your own iPhone case using Instagram™ photos. Cellurart is provided by [*] (the “Company”, “we” or “us”). Cellurart uses the Instagram™ API (Application Programming Interface) technology. However, we are not endorsed or certified by Instagram™ or their affiliates and we do not have any business relationship with Instagram™.
Instagram™ does not endorse Cellurart, but we respect their products. By using the Cellurart website, mobile application, content, services and products (the “Website”), you are agreeing to be bound by the terms and conditions of Instagram™ (the “Instagram™ Terms and Conditions”), which can be viewed at http://instagram.com/legal/terms. Do not proceed any further and do not access or use the Website or any of the services made available in the Website if you do not agree to be bound by the Instagram™ Terms and Conditions.
Before accessing or using the Website, please read the Agreement (in particular, these Terms and Conditions) carefully, as they affect your rights and liabilities under the law. Do not access or use the Website or our services if you do not agree to all of these Terms and Conditions. If you have any questions on the Agreement or any of these Terms and Conditions, please contact firstname.lastname@example.org.
Use of the Website. The Website is provided to you for your use subject to these Terms and Conditions. By using the Website you agree to be bound by (i) the Agreement (in particular, these Terms and Conditions) and (ii) the Instagram™ Terms and Conditions. Although we will normally only refuse use of the Website if these Terms and Conditions are violated, we reserve the right to refuse use of the Website to anyone for any reason at any time.
Registering a Cellurart Account. To register an account (“Cellurart Account”) on the Website, you must be over thirteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided on registration by updating your personal details in order that we can communicate with you effectively. We reserve the right to refuse registration of any account name that violates a trademark or may mislead other users. In addition, by registering with Cellurart, you agree that we can use any of the address and/or contact method you provide to us (including information submitted when you place an order) for promotional purpose related to Cellurart.
Password and Security. When you register for a Cellurart Account, you will be asked to create a password. In order to prevent fraud, you must keep this password confidential. You must not disclose the password or share the password with anyone. If you know or suspect that someone else knows your password you should notify us or contacting us at email@example.com. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your Cellurart Account.
Your Cellurart Account. You are solely responsible for maintaining the security of your Cellurart Account, and you are fully responsible for all actions that occur under the account and any other activities taken in connection with the account such as sharing any images on the Website. You must not describe or assign keywords in your Cellurart Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may remove your Cellurart Account if any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability, harm or damages. We may also remove your Cellurart Account if there has been no activity in the account for a period of [*].You may not use another’s Cellurart Account without permission. We must be immediately informed if there is any unauthorized use of your Cellurart Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Although we will not be liable for your losses caused by any unauthorized use of your Cellurart Account, you may be liable for the losses of ours of others due to such unauthorized use.
Your use of the Website. You may not use the Website for any of the following purposes:
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practices;
interfering with any other person’s use or enjoyment of the Website; or
making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.
You will be responsible for our losses and costs resulting from your breach of this provision.
Your Content on the Website. You are entirely responsible for the content (the “Content”) that you submit, post and display on the Website, and any harm resulting from the submission, posting and display of the contents on the Website. These include, without limitation, posting material to the Website, posting links on the Website, commenting on the Website or otherwise making (or allowing any third party to make) material available via the Website. That is the case regardless of whether the Content constitutes data, text, files, information, images, screen names, graphics, photos, profiles, audio files, video files, audiovisual combinations, interactive features, musical works, works of authorship, applications, links, codes, scripts, computer software or other material. By making the Content available, you represent and warrant that:
The proprietary rights, including but not limited to the copyright, patent, trademark, trade secret rights and other intellectual property rights of any third party in the Content will not be infringed by the copying, downloading and use of the Content;
If the intellectual property rights or proprietary rights of the Contents belong to your employer, you must have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
Any third-party licenses relating to the Content must be fully complied with and successfully pass through to end users under any required terms and all royalties, fees and other monies owing to other persons and relating to the use of the Content must have been fully and duly settled;
The Content is free from any bugs, viruses, worms, malware, trojan horses or other harmful or destructive content;
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Content does not contain any pornographic material, threats or material which incites aggression towards individuals or entities, and does not infringe;
Your Cellurart Account username will not mislead your readers into thinking that you are another person or company.
We may, but has no obligation to, remove the Content and the Cellurart Account(s) containing Content that, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates the intellectual property rights or other proprietary rights of others, the Agreement (in particular, these Terms and Conditions) and the Instagram™ Terms and Conditions.
Our right to use Your Content on Website. We do NOT claim ANY ownership rights in the Content that you submit, post and display on or via the Website. By submitting, posting and displaying any Content on or via the Website, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, adapt, delete from, add to, publicly perform, publicly display, reproduce, transmit, store, translate, publish, broadcast, distribute, sell or otherwise exploit such Content, including without limitation, the adaptation, reproduction and distribution of part or all of the Content in any media formats through any media channels.
Visitors’ Activities on the Website. We have not evaluated, and cannot evaluate, all of the Contents posted by visitors (i.e. persons assessing the Website and without a Cellurart Account) to the Website (“Visitors’ Contents”), and will not be responsible for the Visitors’ Contents or their use or effects. By using the Website, we do not stand for or imply that we supports the Visitors’ Contents, or that we believe such Visitors’ Contents to be accurate, useful or without harm. You are responsible for taking precautions as necessary to defend yourself and your computer systems from bugs, viruses, worms, trojan horses, and other harmful or destructive content. The Website may contain Visitors’ Contents that are offensive, indecent, or otherwise objectionable, as well as containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain Visitors’ Contents that violate the privacy or publicity rights, or breach the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which are subject to additional terms and conditions, express or implied. We disclaim any and all responsibility for any harm resulting from the use by visitors of the Website, the submission, posting and display of Visitors’ Content on the Website or from any downloading by those visitors of any Content on the Website.
Your Payment / Orders on the Website. The orders placed on the Website are subjecting to being charged with import fees, taxes, custom duties, related package handling fees and/or any other relevant charges required by the corresponding designated country and/or the organization(s) that handle(s) the shipment / delivery of the orders. None of these charges are included in the price that you pay on the Website. Items cannot be sent as gifts, and your purchase may or may not have these charges, depending on the policies of the designated country and/or the organization(s) that handle(s) the package. If any of the said charges apply, you may need to pay for them to the respective collection authority in advance of receiving your purchase. You should check with any related authority of your country (or the designated country of the order) for any charges required to receive the goods you order from Cellurart. Cellurart is not responsible for any of these charges, and would not refund on item(s) returned to us due to unaccepted / undelivered and/or any other reasons unless otherwise agreed with Cellurart in advance.
Furthermore, since custom-made products from Cellurart are highly customized and tailor-made for individual customers, such products cannot be returned for a full refund. If you would like to return a custom-made product for any reason, such as but not limited to mistakes in picking photos used or there is a typo in the custom words on the product, please contact our customer service team to arrange a return. The item must be in unused condition with original packaging, and be sent back to our office with shipping fee prepaid (shipping fee is non-refundable). Once the returned item is received, fifty percent (50%) of your actual purchase price for the returned product will be refunded to the original payment account or as store credits. The discount applied to the remaining item of your order, if any, may also be adjusted accordingly if the discount is calculated based on the total order value and/or item count.
Shipping / Delivery of Your Order. The delivery type “Standard Shipping” is done via international registered articles while the type “Express Shipping” is sent via various courier services such as but not limited to FedEx, DHL Express.
The way the package is presented to the recipient will depend on the postal service provided in the designated country. Most of the time packages are delivered by postman to the address and require the recipient to sign to receive the package. However, this may not be applicable to some countries or particular areas in the country and recipients may sometimes be required to pick up the package from the postal service’s office. Please contact the national postal service of your country to check the way packages are delivered.
Since shipping is often affected by the processing time of the Customs and delivery standard in the destination country,the estimated delivery date indicated on the Web site is strictly for reference only and shall not be regarded as a commitment. Cellurart does not guarantee orders to be delivered by a particular time, and shall not be liable for any direct / indirect loss caused by delivery issues. If there is a necessity to check the status of the article in the destination country with local postal service, you will need to carry out the enquiry on your own and Cellurart will not be responsible for any fees (such as communications) incurred.
Orders may or may not entitle free shipping. For the free shipping offer that Cellurart provides, the type of delivery to be adopted will be “Standard Shipping” unless otherwise specified. Free shipping, if offered, will be applicable only to the first shipment of the order. If the first shipment is not received and a re-shipment is required, re-shipment fee will be required in such cases. Reasons for shipment being unable to receive may include but not limited to, wrong recipient information and/or address provided during checkout (which will appear in the order confirmation email), recipient unable to pick up the package from local postal service. Exemptions of re-shipment fee may be granted for situations such as article being lost by the postal service, or the product is found to be defective when received. All shipping fees paid are non-refundable.
Availability of the Website. Although we aim to offer you the best service possible, we make no promise that the services at the Website will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Website you should report it firstname.lastname@example.org and we will attempt to correct the fault as soon as it reasonably can. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
Third Party Websites. The Website includes links to other websites and webpages (“Third Party Websites”). We have not reviewed, and cannot review, all of the material made available through the Third Party Websites to which the Website links and that link to the Website. We do not have any control over the Third Party Websites, and will not be responsible for their contents, use, privacy policies, or practices. By linking to a Third Party Website, we do not represent or imply that we endorse such Third Party Website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. We disclaim any and all responsibility for any harm resulting from your use of the Third Party Websites.
Intellectual Property. The Content we display on the Website (the “ARTISTS” & “COLLECTIONS”) is protected by copyright, trademark, patent, trade secret, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-sublicensable licence to reproduce and display the Cellurart Content (excluding any software code) solely for viewing and using the Website. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the Cellurart Content without written permission from us or the owner of the intellectual property rights. The Agreement does not transfer to you any of our or the third party’s intellectual property rights, and all rights, titles and interests in and to such property will remain (as between the parties) solely with us. Further, the Cellurart logo, and all other trademarks, service marks, graphics and logos used in association with Cellurart or on the Website are the trademarks or registered trademarks or other intellectual property rights of the Company or our licensors. Other trademarks, service marks, graphics and logos used in association with the Website may be the trademarks or other intellectual property rights of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of our or third party’s trademarks, service marks, graphics and logos.
Copyright Infringement. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to or from the Website violates your copyright, you are encouraged to notify us. We will use our reasonable endeavours to respond to all such notices, and if required or appropriate, remove the infringing material or disable all links to the infringing material. We may, but has no obligation to end a visitor’s permission to visit and use the Website if, under appropriate conditions, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others.
If you believe that your intellectual property rights have been infringed by a user of our service, please provide us with a notification that contains the following information:
- 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 site are covered by a single notification, a representative list of such works at that site.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider 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.
- 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.
Changes. We reserve the right to amend the Agreement (in particular, these Terms and Conditions) from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any material changes in the Agreement (in particular, these Terms and Conditions) will be notified to you via the email address provided by you on registration or published via a suitable announcement on the Website. You should nonetheless periodically review the up-to-date version of these Terms and Conditions available at [*]. The changes will apply to the use of the Website immediately after such notice has been given. What constitutes a material change will be determined at our sole discretion. If you do not wish to accept any of the new Agreement, you must not continue to use the Website. If you continue to use the Website after the positing of the amendments on the Website, your use of the Website constitutes your agreement to be bound by the new Agreement (in particular, the new Terms and Conditions). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Agreement (in particular, the Terms and Conditions).
Termination. We reserve the right to suspend or cancel your Cellurart Account at any time, without prior notice and in our sole discretion if you breach any of your obligations under these Terms and Conditions. If you wish to terminate your Cellurart Account, you may inform us in writing at [email]. Suspension or cancellation of your Castegram Account shall not affect our and your rights and liabilities accrued before such suspension/cancellation. All provisions of the Agreement (in particular, the Terms and Conditions), which by their nature should survive termination, shall survive termination of the Agreement, including, without limitation, intellectual property, representations and warranties, indemnification, disclaimer of warranties, and limitations of liability.
Site Errors. In the event a product is listed on the Website at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. We reserve the right to reject any orders placed on the site.
Indemnification. You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damagers, losses, liabilities, costs or expenses (including without limitation, attorneys’ fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of your use of the Website, including but not limited to your violation of the Agreement (in particular, the Terms and Conditions) and the Instagram™ Terms and Conditions.
Disclaimer of Warranties. The Website is provided “as is”. We, our suppliers, licensors and licensees hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of any intellectual property rights, other proprietary rights or statutory requirements. Neither we nor our suppliers, licensors or licensees make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You will download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Cellurart’s liability. You understand that when using the Website, you will be exposed to content from internet sites or sources outside the Website, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the aforesaid, and, to the fullest extent permitted under the applicable law, agree to indemnify and hold harmless the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents to the fullest extent allowed by law regarding all matters relating to your use of the Website. Further, if we are in breach of these Terms and Conditions, we will only be responsible for any loss that you suffer as a result to the extent they are a foreseeable consequence to both we and you at the time you use the Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption, but shall not limit or affect our liability resulting from any products sold through the Website being found to be unsafe or if something we do negligently causes death or personal injury.
Limitation of Liability. To the fullest extent permitted under the applicable law, in no event will the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents be liable with respect to any subject matter of the Agreement (in particular, the Terms and Conditions) under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive losses or expenses or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid to us by you during the twelve (12) month period prior to the accrual of the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
Advertising and Sponsorship. Part of the Website may contain advertising and sponsorship material. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with the relevant law. We will not be responsible to you for any error or inaccuracy in advertising or sponsorship material posted on the Website.
International Use. We make no promise that material on the Website is appropriate or available for use in locations outside Hong Kong. Access to the Website from locations where its contents are by law illegal or unlawful is prohibited. If you choose to access the Website from locations outside Hong Kong, you do so on your own initiative and you will be entirely responsible for compliance with local laws.
No partnership. We and you shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.
Miscellaneous. The Agreement, including these Terms and Conditions, shall constitute the entire agreement between we and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting on the Website of a revised version. Except to the extent the applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website will be governed by the laws of Hong Kong, and the parties agree to submit to the non-exclusive jurisdiction of the Hong Kong courts. If any part of the Agreement is held invalid or unenforceable, it will be severed and the remaining portions will remain in full force and effect. A waiver by either party of any of these Terms or Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by the Agreement. We may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Referral Programme. Whilst the Referral Programme allows users to share a unique referral code of his/her Cellurart account to earn credits when purchases are made through the referral code, users are strictly prohibited in uploading their referral codes to third party promotional sites, including but not limited to voucher code / discount listing sites. Referral codes can only be shared to friends and relatives or any connected entities, such as on social media platform or through direct messaging network. Should referral codes be found to be posted on unauthorized channel(s), the corresponding Cellurart user accounts will be terminated without prior notice and all unused credits in the Cellurart user accounts shall be cancelled, disregard of whether the referral code is shared on the unauthorizied channels intentionally or not. Cellurart reserves all the rights to claim damages and / or apply for other legal remedies should credits earned through unauthorized channel(s) are used for redemption of goods.
Promotional/Discount Code. Promotional/discount codes are applicable only to items selling at original prices. Items that are already on sale, such as but not limited to, Archive Collection, Sale Collection, Collaboration Collection (e.g., Looney Tunes, Minions, DC Originals…etc) are not eligible for further discount. For discounts that are applicable on second/subsequent item, lowest priced item in the order will be the item to be discounted.
Support Contact. Should you have any enquiry regarding your purchase, you can reach us by email email@example.com or by mail: United States (Attn: Casetagram Limited). (This is not an address for order return. Any returning products shipped to this address will not be processed or refunded unless otherwise agreed with our customer service team.)
Our Terms and Conditions require all users and account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use the Services only if the appropriate permission has been granted and direct supervision by the owner of the account is present. Children under age 13 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account.
By using the Services, you acknowledge that Cellurart will use your information in the United States and any other country where Cellurart operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to these countries to which we are permitted by law to transfer personal information.
Information Collected or Received.
Registration, Account Setup, Service Usage: You will need to provide us with a valid email address to register with our Services and enable us to provide you with the Services. Depending on which services you acquire from us, additional information like billing address and payment information, telephone number, and/or a physical postal address, may be necessary in order for relevant service to be rendered. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something from the Site for delivery. Although we do not directly process / store your credit card / PayPal account information, our payment processing gateway Braintree (the ‘Payment Gateway’) may process such information with you directly from your browser to their server through a secured communication protocol HTTPS. Depending on your local jurisdiction, you can also choose to allow the Payment Gateway to save your credit card information to facilitate the checkout process for future purchases.
Profile: You may provide your name and other personal information in connection with your account and activity. You can edit or remove this information through your account settings.
The username, full name, bio and relevant social media links associated with your account, which you may review and change in your account settings, may publicly displayed on the Site. Other people may also see designs you created on the Site that are not set to private, which the public/private settings can be amended on the corresponding design detail page.
Automated Information: The Site automatically receives and records information from your browser or your mobile device when you visit the Site or use certain other Services, such as your IP address or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Services. This information is stored and collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see “Information Uses, Sharing & Disclosure” section below.
Location Information: We may collect information about your use of the Services for advertising, analytics, to serve content and to protect the Services, including your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device).
We may obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We may use and store information about your location to provide features and to improve and customize the Services, for example, for our internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the site to function. We will only share your geo-location details with third parties (such as Paymenet Gateway, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to the Site.
Analytics Information: We use data analytics to ensure site functionality and improve the Services. We use mobile analytics software to allow us to understand the functionality of the Apps on your phone. This software may record information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.
Information from Third Parties: Some members or visitors may choose to connect to Cellurart or register an Cellurart account using an external third-party application, such as Facebook or Instagram. Cellurart may receive information from those connected third-party applications. Connecting your Cellurart account to third-party applications or services is optional. If you choose to connect your account to a third-party application, Cellurart may receive information from that application. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Cellurart on certain social media networks which are connected to your Cellurart account, and you can revoke your permission anytime in your third-party application account settings.
Non-Member Information: The Site may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered Cellurart (a “non-member”) in connection with certain the Site’s features, such as when a non-member chooses to subscribe to an Cellurart newsletter, a member invites a non-member to visit the Site, a non-member engages in a transaction, or a member sends a gift card code to a non-member, or a non-member uses the Guest Checkout feature when making a purchase through one of the Services. Non-member information is used only for the purposes disclosed when it was submitted to Cellurart or to facilitate action authorized by the non-member.
Choice & Control. The Site gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your designs. You can also request the deletion of the personal information in your account by emailing us at firstname.lastname@example.org.
Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided by emailing us); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion (including the right to have Cellurart delete your personal information, except information we are required to retain such as shipping address information that is associated with an active purchase order, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask Cellurart to stop processing your personal data, with some exceptions, by contacting us).
You may also control the receipt of certain types of communications from Cellurart in your account settings or in unsubscription link in emails you receive from us. Cellurart may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can unsubscribe from the corresponding emails by clicking the unsubscription link in the emails.
If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account in your account settings page on the Site.
Correspondences from Cellurart. Cellurart may need to contact you on and off. Primarily, these correspondences are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive such messages. Shipping agent of Cellurart may also contact you by telephone to provide delivery service should you place an order with us and left your telephone number in the order form. Additionally, and with your consent, Cellurart may send you message or e-mail in order to provide you with customer support or to provide you with information about products and features that you may find of interest. You may update your contact preferences in your account settings.
Some messages from Cellurart are service-related and necessary for members and Guest Checkout users. You agree that Cellurart can send you non-marketing emails or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying conversations with buyers, and correspondence with Cellurart’s customer service team.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails through the opt-out link included in marketing emails or messages. Members may also control some marketing emails or messages through their account settings as well as through the opt-out link included in marketing emails or messages.
Information Uses, Sharing & Disclosure. When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
necessary to perform the contractual obligations in our Terms and Conditions and in order to provide the Services to you;
you have consented to the processing, which you can revoke at any time;
necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;
necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners;
you have expressly made the information public;
necessary in the public interest; and
occasionally necessary to protect your vital interests, or those of others.
Note that we principally rely on consent (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and improving our Services: We may use your information to improve and customize our Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users and obtaining insights into usage patterns of our Services.
Keeping our Services safe and secure: We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services, including enhancing protection of our platform against spam, harassment, intellectual property infringement, crime, and security risks of all kind.
We respect your privacy. Cellurart will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy.
We use your information to provide and improve the Services and our products, for billing and payments, for identification and authentication, for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match, to contact members or interested parties, and for general research and aggregate reporting. We may learn the sorts of products that you are interested in from your browsing and purchasing behavior on (and off) the Site and suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you discover relevant items and recommended purchases. Similarly, we may advertise our Services through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook or Google.
Buying: As part of the buying process, Cellurart will facilitate the sharing of information of the member’s shipping address and payment information to relevant payment/shipping agents. By making a purchase on the Site, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms and Conditions.
Legal and Safety: Cellurart may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of Cellurart’s Terms and Conditions. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).
If Cellurart receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Cellurart may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, and company name.
Affiliated Businesses: Cellurart is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Cellurart may also provide services or sell products jointly with affiliated businesses, including providing information to such partners to allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms and Conditions. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising.
Aggregated Information: Cellurart may share demographic information with business partners, but it will be aggregated and de-personalized, so that personal information is not revealed.
Service Providers: Cellurart also needs to engage third-party companies and individuals (such as payment processors, research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Cellurart not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like processing payments and shipments and helping us keep our Service operating and secure. In some other cases, these service providers are not strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
We can speak only for ourselves; this policy does not apply to the practices of third parties that Cellurart does not own or control or individuals that Cellurart does not employ or manage. If you provide your information to others, different practices may apply to the use or disclosure of the information that you provide to them. Cellurart does not control the privacy policies of third parties, including other members who sell using the Services. Cellurart is not responsible for the privacy or security practices of these other websites on the Internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these third-parties are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.
Transfers. Cellurart operates a global service. The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the United States, it may be accessed by government authorities in accordance with United States law.
Security. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password chosen by you, and which its non-encrypted form is not permanently stored on our premises. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. If you have any questions about the security of your personal information, you can contact us at email@example.com">firstname.lastname@example.org.
Cellurart’s Site is accessible only through an encrypted channel secure socket layer technology (SSL). Cellurart follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
Retention. Cellurart will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Cellurart member account), as described in this policy, or as needed to provide the Services to you. If you no longer want Cellurart to use your information to provide the Services to you, you may close your account. Cellurart will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
Your Rights. You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your Cellurart account settings or by contacting us. Upon request, Cellurart will provide you with information about whether we hold any of your personal information. By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. If you need further assistance, you can contact Cellurart through one of the channels listed below under “Contact”. We will respond to your request within a reasonable timeframe.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications.
Withdrawing Consent. Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications. You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by closing your account through your account settings and then emailing email@example.com to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent and your account cannot be reinstated, and corresponding Services that require such information to render would no longer be available.
Terms and Conditions. Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.cellurart.com