PRIVACY AND SECURITY POLICY

This Policy

Thank you for visiting www.FanCdesigns.com, (FCD Couture, LLC) (the “Website”). This privacy and security policy (the “Policy”) explains the information FanCdesigns.com (“FCD Couture, LLC” or “we”) collect about you, how we use the information, some of the security steps are taken to protect the information, and the choices you have to review, revise and/or restrict our usage of this information. This Policy is a part of the Terms & Conditions of Use that govern the Website and is binding on all Website users.

If you have any objections to this Privacy Policy, you should immediately discontinue use of the Website.

Collected Information

Fan-C-Designs collects customer information for a variety of reasons, including as part of our ongoing efforts to provide excellent customer service, improve our customer’s shopping experience and to communicate with our customers about our products, services and promotions, including those that we believe may be of particular interest to you based on information we have collected. We collect personal information such as your name, financial information, telephone number, e-mail and postal address (“Personal Information”) that you provide to us when you save your information with us or when you participate in a sweepstakes, promotion or survey. We use this information to process any transaction, inquiry or promotion that you initiate with us. In addition, we maintain a record of your product interests, purchases and whatever else might enable us or our business partners to enhance and personalize your shopping experience on this or other websites and to provide you with offers, promotions or information that we believe may be of interest to you. We also monitor use of the Website and traffic patterns to improve the Website design and the products and services we offer as well as to determine what offers, promotions or information to send to you.

Disclosure of Information

We may disclose information about you to other members of the Fan-C-Designs, FCD Couture, LLC, or corporate family. We will also disclose information as we determine to be required by law as well as to a company with which we contract to help us prevent the unauthorized use of credit and gift cards. We may on occasion share your Personal Information, other than credit card information, with our business partners who want to market products or services to you, unless you wish to opt-out as explained below.

Unique Identifier

When you use a smart phone, other mobile device, or any other technology to connect to the Website, we may use any unique identifier transmitted to us to contact you or to offer you extended services and/or additional functionality. Certain services may require our collection of your mobile phone number. We may associate that mobile phone number with the mobile device unique identifier. When you provide us with your mobile telephone number, we may contact you via text message (including SMS or MMS) unless you choose to opt-out. Data or other charges may apply to any such text messages.

Procedures to Review Your Personal Information and to Opt-Out

You can always review, update and/or delete your Personal Information. If at any time you would like us to update or delete any of your Personal Information on file, please contact us at cs@fancdesigns.com. Please be sure to include your e-mail address and full name and place “Opt-Out” in the “Subject” area of the email.

Also, you may always opt-out of receiving communications from us. If you are receiving e-mail messages from us and do not wish to receive any more, use the links on the bottom of the e-mail message to “unsubscribe” or make changes to your e-mail preferences. When we receive your notification that you want to opt-out, we will process your request in a reasonable amount of time. Please note, however, that as a result, you may not receive further information about our products or promotions.

Further, if you do not want your Personal Information to be shared with third parties in the manner discussed in this Policy, please contact Fan-C-Designs by email at cs@fancdesigns.com.

Our Email List

We offer those who sign-up for our email list advanced notice of sales, new merchandise, store openings and other Fan-C-Designs news. Email addresses collected at FanCdesigns.com are used internally and by our business partners. If you would like to unsubscribe from our email list or request that we not share your email address with our business partners, please contact us. We will remove your name from our email list in a reasonable amount of time. Please recognize that you may receive another email before we are able to remove you.

Business Partners

We contract with outside services to help us and our business partners better understand your use of FanCdesigns.com. These outside services may use cookies or other technologies to collect various kinds of information for us and our business partners related to your use of FanCdesigns.com, so that we and our business partners may continue to refine and improve this and other sites for our customers. We do not allow these parties to collect any credit card, user name or password information. These services are contractually required to maintain all the information collected for us in conformance with this Policy. As a visitor to Fancdesigns.com, you may “opt-out” of these types of collection of data.

“Cookies” are bits of information that are automatically stored on your computer. If you do not want to have cookies on your system, you can set your browser to disable them.

We or our partners may use Flash Cookies (also known as Local Stored Objects) or other similar technologies. A Flash cookie is a small data file placed on a computer using Adobe Flash or similar technology that may be built into your computer or downloaded or installed by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, personalize and store your settings. Flash cookies may help our website visitors to, for example, set volume preference associated with a video experience, play games and perform surveys. They help us improve our sites by measuring which areas are of greatest interest to customers. They may be recognized by other sites or by our marketing or business partners. Flash cookies are different from browser cookies and the cookie management tools provided by your browser will not remove Flash cookies. If you disable Flash cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.

We also use other methods of automatic collection to determine information about visitors to our website, including the IP address, browser, language preferences, and computer identification numbers. We use the information obtained using these tools to provide better customer service, enhance our product offerings, and detect potential misuse or fraud.

Secure Shopping

Sensitive personal information contained in orders placed on the Website are encrypted using 128-bit secure sockets layer (SSL) technology.* In order for SSL security to work, you must use an SSL enabled browser. *Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party; and (d) WHEN YOU TRANSFER ANY INFORMATION TO US, YOU DO SO AT YOUR OWN RISK.

If you still have concerns about ordering electronically, feel free to call (1-877) 291-8574 and place your order over the phone. Have the style number, size, and color ready for each item you wish to order. You can also print your shopping basket page and mail it to:

Fan-C-Designs
1465 Woodbury Avenue PMB 424
Portsmouth NH, 03801
Attn: Customer Service

Please note that e-mail is not encrypted and is not considered a secure means of transmitting credit card numbers. We will never ask for sensitive Personal Information via e-mail.

*Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions.

YOU ARE RESPONSIBLE AT ALL TIMES FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORD OR OTHER ACCESS INFORMATION.

Links to Third-Party Websites

The Website may contain links to the websites of third parties not affiliated with Fan-C-Designs, FCD Couture, LLC. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by Fan-C-Designs, FCD Couture, LLC. of the content, advertising or business practices. Fan-C-Designs is NOT responsible for the privacy practices or the content on any of these other websites, including any websites that may indicate a special relationship or “partnership” with Fan-C-Designs. Fan-C-Designs does not disclose unique identifiers to those responsible for the linked websites. The linked websites, however, may collect Personal Information from you when you link to their websites. This collection of information is not subject to the control of Fan-C-Designs. To ensure protection of your privacy, always review the privacy policies of the websites you visit by linking from the Website.

This Website is intended for users who are 18 years of age and older, if you under the age of 18, you are not permitted to submit any Personal Information to the Website.

Policy Changes

FanCdesigns, FCD Couture. LLC may periodically update this Policy including for new, unanticipated uses not previously disclosed. Any changes made will be posted here. By visiting and continuing to use the Website you agree to accept any changes made to this Policy. Please note that this Policy only addresses the use and disclosure of information we collect from you on the Website.

Feel free to contact us with any questions about our Policy.

Email: cs@fancdesigns.com Or
Mail to:
FanCdesigns
1465 Woodbury Avenue PMB 424
Portsmouth NH, 03801
Attn: Customer Service

Effective Date: August 12, 2015

TERM AND CONDITIONS OF USE

Thank you for visiting www.FanCdesigns.com., FCD Couture, LLC. We have prepared these Terms and Conditions (the “Terms”) to ensure that you understand your rights and obligations and your experience on our website is one you’ll want to repeat again and again. FanCdesigns.com provides this site (the “Website”) as a service to its customers. Please review the following Terms that govern your use of the Website. Please note that your use of the Website constitutes your agreement to follow and be legally bound by these Terms. If you do not agree to these Terms, please do not use the Website. Although you may “bookmark” a particular portion of the Website and thereby bypass these Terms, your continued use of the Website indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms. Since Fan-C-Designs, FCD Couture, LLC may revise these Terms at any time, including as new features are added to the Website or as Internet law and standards evolve, you should visit this page periodically to review the Terms that govern your use of the Website. Should you have any questions concerning these Terms of any of our policies, please contact us at cs@fancdesigns.com.

Legal Information / Use of the Website
The Website is owned and operated by Fan-C-Designs, (FCD Couture. LLC) whose mailing address is 1465 Woodbury Avenue PMB 424, Portsmouth NH, 03801, Unless otherwise noted, all content posted on the Website is:

All design and content featured on the Website, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by FanCdesigns, (FCD Couture, LLC).

The Website in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by Fan-C-Designs, (FCD Couture, LLC).

The contents of the Website and the Website as a whole are intended solely for your personal, noncommercial use. Any use of the Website and/or any of the content posted on the Website for any purpose other than personal and noncommercial is prohibited without the express prior written permission of Fan-C-Designs, (FCD Couture, LLC). Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Website for any commercial purpose. Fan-C-Designs, (FCD Couture, LLC), grants a limited, non-exclusive, restricted, non-transferable, non- sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Website for your personal, noncommercial use only. All other rights are reserved to Fan-C-Designs, (FCD Couture, LLC).

You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Limitation of Liability
Given the unpredictability of technology and the online environment, Fan-C-Designs, (FCD Couture, LLC). does not warrant that the function or operation of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of the Website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of the Website, you agree that your access will be subject to the Terms set forth and that access is undertaken at your own risk. FANCDESIGNS, (FCD COUTURE, LLC), shall not be liable for damages of any kind related to your use of or inability to access the Website. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

FANCDESIGNS, (FCD COUTURE, LLC), SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)

Disclaimer
FANCDESIGNS, (FCD COUTURE, LLC) MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” FANCDESIGNS, (FCD COUTURE, LLC) MAKES NO WARRANTY OF NONINFRINGEMENT. FANCDESIGNS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.

Inaccuracies
We endeavor to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Fan-C-Designs product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Fan-C-Designs shall have the right to refuse or cancel any orders placed for product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fan-C-Designs shall issue a credit to your credit card account in the amount of the incorrect price.

Availability
At Fan-C-Designs, we go out of our way to select the kind of distinctive merchandise for which the Fan-C-Designs brand is recognized. Please understand that many of the items featured on the Website are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Website again. When an item featured on the Website is no longer in stock, we make every attempt to remove that item from the Website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at 1-877-291-8574 or by e-mail at cs@fancdesigns.com from 7am through 12am EST.

Inaccurate Colors
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.

Indemnification
You shall indemnify, defend, and hold harmless FanCdesigns, (FCD Couture, LLC), its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against any and all liabilities, claims, demands, claims, disputes, losses, expenses, damages and costs of any kind, including without limitation reasonable attorneys’ fees and costs, made by any third party and resulting from or in any way connected with your use of the Website and/or any breach of your representations and warranties, including relating to any User Content that you post on the Website, and/or any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.

Correspondence
Although we will make every effort to respond quickly to applicable e-mail messages, FanCdesigns.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding the Website, our merchandise and our services, please do not send any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Fan-C-Designs, (FCD Couture, LLC), shall become and remain the property of Fan-C-Designs, (FCD Couture, LLC), except as set forth below. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

Force Majeure
Notwithstanding any other provision contained in these Terms, in the event that the performance of any obligation of Fan-C-Designs is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Fan-C-Designs, then FanCdesigns, (FCD LLC Couture, LLC), shall not be responsible to you for any failure or delay in the performance of its obligations. The terms of this clause shall not exempt, but merely suspend, FanCdesigns, (FCD Couture, LLC), from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

No Assignment
You may not assign your rights or obligations under this Agreement without the prior express written consent of Fan-C-Designs.

Disputes with Fan-C-designs.
If there is any dispute about or involving FanCdesigns Website, you agree that the dispute shall be governed by the laws of the United States, including U.S. copyright and trademark laws, and with the laws of the State of New Hampshire, U.S.A., without regard to conflict of law or choice of law provisions and you agree that any dispute between FanCdesigns, (FCD Couture, LLC), and you about or involving the Website must be settled by arbitration utilizing a single arbitrator selected from the list provided by the NH Office of Mediation and Arbitration and the dispute resolution procedures of the American Arbitration Association (AAA) in New Hampshire, USA, provided that the foregoing shall not prevent Fan-C-Designs from seeking injunctive relief in a court of competent jurisdiction.

Miscellaneous

Binding Nature
Your use of Fan-C-Designs Website constitute your acceptance of these Terms, and your continued use confirm that acceptance.

Entire Understanding
These Terms constitutes the entire agreement between you and Fan-C-Designs regarding the use of Fan-C-Designs Website.

No Waiver
Any failure of Fan-C-Designs to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect.

These Terms shall operate to the fullest extent permissible by law.

Severability
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations of Terms.
Please report any violations of these Terms to us by e-mailing us cs@fancdesigns.com.