Privacy

Privacy Contents:

  1. Terms of Service
  2. Privacy Policy

Terms of Service:

The following terms and conditions govern all use of the https://eveningtweed.com/ website and

all content, services and products available at or through the website (taken together, the

Website). The Website is owned and operated by Evening Tweed (“Evening Tweed”). The Website is

offered subject to your acceptance without modification of all of the terms and conditions

contained herein and all other operating rules, policies (including, without limitation,

Evening Tweed’S Privacy Policy) and procedures that may be published from time to time on this

Site by Evening Tweed (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or

using any part of the web site, you agree to become bound by the terms and conditions of this

agreement. If you do not agree to all the terms and conditions of this agreement, then you may

not access the Website or use any services. If these terms and conditions are considered an

offer by Evening Tweed, acceptance is expressly limited to these terms. The Website is

available only to individuals who are at least 13 years old.

  1. Your https://eveningtweed.com/ Account and Site. If you create ablog/site on the Website, you are responsible for maintaining the security of your account and

    blog, and you are fully responsible for all activities that occur under the account and any

    other actions taken in connection with the blog. You must not describe or assign keywords to

    your blog in a misleading or unlawful manner, including in a manner intended to trade on the

    name or reputation of others, and Evening Tweed may change or remove any description or keyword

    that it considers inappropriate or unlawful, or otherwise likely to cause Evening Tweed

    liability. You must immediately notify Evening Tweed of any unauthorized uses of your blog,

    your account or any other breaches of security. Evening Tweed 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.

  2. Responsibility of Contributors. If you operate a blog, comment ona blog, post material to the Website, post links on the Website, or otherwise make (or allow

    any third party to make) material available by means of the Website (any such material,

    “Content”), You are entirely responsible for the content of, and any harm resulting from, that

    Content. That is the case regardless of whether the Content in question constitutes text,

    graphics, an audio file, or computer software. By making Content available, you represent and

    warrant that:

    • the downloading, copying and use of the Content will not infringe the proprietaryrights, including but not limited to the copyright, patent, trademark or trade secret rights,

      of any third party;

    • if your employer has rights to intellectual property you create, you 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;

    • you have fully complied with any third-party licenses relating to the Content, andhave done all things necessary to successfully pass through to end users any required

      terms;

    • the Content does not contain or install any viruses, worms, malware, Trojan horsesor 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 is not pornographic, does not contain threats or incite violencetowards individuals or entities, and does not violate the privacy or publicity rights of any

      third party;

    • your blog is not getting advertised via unwanted electronic messages such as spamlinks on newsgroups, email lists, other blogs and web sites, and similar unsolicited

      promotional methods;

    • your blog is not named in a manner that misleads your readers into thinking thatyou are another person or company. For example, your blog’s URL or name is not the name of a

      person other than yourself or company other than your own; and

    • you have, in the case of Content that includes computer code, accuratelycategorized and/or described the type, nature, uses and effects of the materials, whether

      requested to do so by Evening Tweed or otherwise.

    By submitting Content to Evening Tweed for inclusion on your Website, you grant Evening Tweed a

    world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the

    Content solely for the purpose of displaying, distributing and promoting your blog. If you

    delete Content, Evening Tweed will use reasonable efforts to remove it from the Website, but

    you acknowledge that caching or references to the Content may not be made immediately

    unavailable.

    Without limiting any of those representations or warranties, Evening Tweed has the right

    (though not the obligation) to, in Evening Tweed’S sole discretion (i) refuse or remove any

    content that, in Evening Tweed’S reasonable opinion, violates any Evening Tweed policy or is in

    any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to

    any individual or entity for any reason, in Evening Tweed’S sole discretion. Evening Tweed will

    have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay Evening Tweed the one-time and/or monthlyor annual subscription fees indicated (additional payment terms may be included in other

      communications). Subscription payments will be charged on a pre-pay basis on the day you sign

      up for an Upgrade and will cover the use of that service for a monthly or annual subscription

      period as indicated. Payments are not refundable.

    • Automatic Renewal.
      Unless you notify Evening Tweed before the end of the applicable subscription period that youwant to cancel a subscription, your subscription will automatically renew and you authorize us

      to collect the then-applicable annual or monthly subscription fee for such subscription (as

      well as any taxes) using any credit card or other payment mechanism we have on record for you.

      Upgrades can be canceled at any time by submitting your request to Evening Tweed in

      writing.

  4. Services.
    • Fees; Payment. By signing up for a Services account you agree topay Evening Tweed the applicable setup fees and recurring fees. Applicable fees will be

      invoiced starting from the day your services are established and in advance of using such

      services. Evening Tweed reserves the right to change the payment terms and fees upon thirty

      (30) days prior written notice to you. Services can be canceled by you at anytime on thirty

      (30) days written notice to Evening Tweed.

    • Support. If your service includes access to priority emailsupport. “Email support” means the ability to make requests for technical support assistance by

      email at any time (with reasonable efforts by Evening Tweed to respond within one business day)

      concerning the use of the VIP Services. “Priority” means that support takes priority over

      support for users of the standard or free https://eveningtweed.com/ services. All support will

      be provided in accordance with Evening Tweed standard services practices, procedures and

      policies.

  5. Responsibility of Website Visitors. Evening Tweed has notreviewed, and cannot review, all of the material, including computer software, posted to the

    Website, and cannot therefore be responsible for that material’s content, use or effects. By

    operating the Website, Evening Tweed does not represent or imply that it endorses the material

    there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Website may

    contain content that is offensive, indecent, or otherwise objectionable, as well as content

    containing technical inaccuracies, typographical mistakes, and other errors. The Website may

    also contain material that violates the privacy or publicity rights, or infringes the

    intellectual property and other proprietary rights, of third parties, or the downloading,

    copying or use of which is subject to additional terms and conditions, stated or unstated.

    Evening Tweed disclaims any responsibility for any harm resulting from the use by visitors of

    the Website, or from any downloading by those visitors of content there posted.

  6. Content Posted on Other Websites. We have not reviewed, and cannotreview, all of the material, including computer software, made available through the websites

    and webpages to which https://eveningtweed.com/ links, and that link to

    https://eveningtweed.com/. Evening Tweed does not have any control over those non-Evening Tweed

    websites and webpages, and is not responsible for their contents or their use. By linking to a

    non-Evening Tweed website or webpage, Evening Tweed does not represent or imply that it

    endorses such website or webpage. 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. Evening Tweed disclaims any responsibility for any harm

    resulting from your use of non-Evening Tweed websites and webpages.

  7. Copyright Infringement and DMCA Policy. As Evening Tweed asksothers to respect its intellectual property rights, it respects the intellectual property

    rights of others. If you believe that material located on or linked to by

    https://eveningtweed.com/ violates your copyright, you are encouraged to notify Evening Tweed

    in accordance with Evening Tweed’S Digital Millennium Copyright Act (“DMCA”) Policy. Evening

    Tweed will respond to all such notices, including as required or appropriate by removing the

    infringing material or disabling all links to the infringing material. Evening Tweed will

    terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the

    visitor is determined to be a repeat infringer of the copyrights or other intellectual property

    rights of Evening Tweed or others. In the case of such termination, Evening Tweed will have no

    obligation to provide a refund of any amounts previously paid to Evening Tweed.

  8. Intellectual Property. This Agreement does not transfer fromEvening Tweed to you any Evening Tweed or third party intellectual property, and all right,

    title and interest in and to such property will remain (as between the parties) solely with

    Evening Tweed. Evening Tweed, https://eveningtweed.com/, the https://eveningtweed.com/ logo,

    and all other trademarks, service marks, graphics and logos used in connection with

    https://eveningtweed.com/, or the Website are trademarks or registered trademarks of Evening

    Tweed or Evening Tweed’S licensors. Other trademarks, service marks, graphics and logos used in

    connection with the Website may be the trademarks of other third parties. Your use of the

    Website grants you no right or license to reproduce or otherwise use any Evening Tweed or

    third-party trademarks.

  9. Advertisements. Evening Tweed reserves the right to displayadvertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. Evening Tweed reserves the right to displayattribution links such as ‘Blog at https://eveningtweed.com/,’ theme author, and font

    attribution in your blog footer or toolbar.

  11. Partner Products. By activating a partner product (e.g. theme)from one of our partners, you agree to that partner’s terms of service. You can opt out of

    their terms of service at any time by de-activating the partner product.

  12. Domain Names. If you are registering a domain name, using ortransferring a previously registered domain name, you acknowledge and agree that use of the

    domain name is also subject to the policies of the Internet Corporation for Assigned Names and

    Numbers (“ICANN”), including their Registration Rights and Responsibilities.

  13. Changes. Evening Tweed reserves the right, at its sole discretion,to modify or replace any part of this Agreement. It is your responsibility to check this

    Agreement periodically for changes. Your continued use of or access to the Website following

    the posting of any changes to this Agreement constitutes acceptance of those changes. Evening

    Tweed 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 terms and conditions of this Agreement.

  14. Termination. Evening Tweed may terminate your access to all or anypart of the Website at any time, with or without cause, with or without notice, effective

    immediately. If you wish to terminate this Agreement or your https://eveningtweed.com/ account

    (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing,

    if you have a paid services account, such account can only be terminated by Evening Tweed if

    you materially breach this Agreement and fail to cure such breach within thirty (30) days from

    Evening Tweed’S notice to you thereof; provided that, Evening Tweed can terminate the Website

    immediately as part of a general shut down of our service. All provisions of this Agreement

    which by their nature should survive termination shall survive termination, including, without

    limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

     

  15. Disclaimer of Warranties. The Website isprovided “as is”. Evening Tweed and its suppliers and licensors 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. Neither Evening Tweed

    nor its suppliers and licensors, makes any warranty that the Website will be error free or that

    access thereto will be continuous or uninterrupted. You understand that you download from, or

    otherwise obtain content or services through, the Website at your own discretion and risk.

  16. Limitation of Liability. In no event willEvening Tweed, or its suppliers or licensors, be liable with respect to any subject matter of

    this agreement under any contract, negligence, strict liability or other legal or equitable

    theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement

    for 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 by you to Evening Tweed under this

    agreement during the twelve (12) month period prior to the cause of action. Evening Tweed shall

    have no liability for any failure or delay due to matters beyond their reasonable control. The

    foregoing shall not apply to the extent prohibited by applicable law.

  17. General Representation and Warranty. You represent and warrantthat (i) your use of the Website will be in strict accordance with the Evening Tweed Privacy

    Policy, with this Agreement and with all applicable laws and regulations (including without

    limitation any local laws or regulations in your country, state, city, or other governmental

    area, regarding online conduct and acceptable content, and including all applicable laws

    regarding the transmission of technical data exported from the United States or the country in

    which you reside) and (ii) your use of the Website will not infringe or misappropriate the

    intellectual property rights of any third party.

  18. Indemnification. You agree to indemnify and hold harmless EveningTweed, its contractors, and its licensors, and their respective directors, officers, employees

    and agents from and against any and all claims and expenses, including attorneys’ fees, arising

    out of your use of the Website, including but not limited to your violation of this

    Agreement.

  19. Miscellaneous. This Agreement constitutes the entire agreementbetween Evening Tweed and you concerning the subject matter hereof, and they may only be

    modified by a written amendment signed by an authorized executive of Evening Tweed, or by the

    posting by Evening Tweed of a revised version. Except to the extent applicable law, if any,

    provides otherwise, this Agreement, any access to or use of the Website will be governed by the

    laws of the San Francisco County, California, excluding its conflict of law provisions, and the

    proper venue for any disputes arising out of or relating to any of the same will be the state

    and federal courts located in San Francisco County, California. Except for claims for

    injunctive or equitable relief or claims regarding intellectual property rights (which may be

    brought in any competent court without the posting of a bond), any dispute arising under this

    Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of

    the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in

    accordance with such Rules. The arbitration shall take place in San Francisco County,

    California, in the English language and the arbitral decision may be enforced in any court. The

    prevailing party in any action or proceeding to enforce this Agreement shall be entitled to

    costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that

    part will be construed to reflect the parties’ original intent, and the remaining portions will

    remain in full force and effect. A waiver by either party of any term or condition of this

    Agreement 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 this Agreement to any party

    that consents to, and agrees to be bound by, its terms and conditions; Evening Tweed may assign

    its rights under this Agreement without condition. This Agreement will be binding upon and will

    inure to the benefit of the parties, their successors and permitted assigns.

Privacy

Policy:

Evening Tweed (“Evening Tweed“) operates https://eveningtweed.com/ and may

operate other websites. It is Evening Tweed’S policy to respect your privacy regarding any

information we may collect while operating our websites.

Website Visitors

Like most website operators, Evening Tweed collects non-personally-identifying information of

the sort that web browsers and servers typically make available, such as the browser type,

language preference, referring site, and the date and time of each visitor request. Evening

Tweed’S purpose in collecting non-personally identifying information is to better understand

how Evening Tweed’S visitors use its website. From time to time, Evening Tweed may release

non-personally-identifying information in the aggregate, e.g., by publishing a report on trends

in the usage of its website.

Evening Tweed also collects potentially personally-identifying information like Internet

Protocol (IP) addresses for logged in users and for users leaving comments on

https://eveningtweed.com/ blogs/sites. Evening Tweed only discloses logged in user and

commenter IP addresses under the same circumstances that it uses and discloses personally-

identifying information as described below, except that commenter IP addresses and email

addresses are visible and disclosed to the administrators of the blog/site where the comment

was left.

Gathering of Personally-Identifying Information

Certain visitors to Evening Tweed’S websites choose to interact with Evening Tweed in ways that

require Evening Tweed to gather personally-identifying information. The amount and type of

information that Evening Tweed gathers depends on the nature of the interaction. For example,

we ask visitors who sign up at https://eveningtweed.com/ to provide a username and email

address. Those who engage in transactions with Evening Tweed are asked to provide additional

information, including as necessary the personal and financial information required to process

those transactions. In each case, Evening Tweed collects such information only insofar as is

necessary or appropriate to fulfill the purpose of the visitor’s interaction with Evening

Tweed. Evening Tweed does not disclose personally-identifying information other than as

described below. And visitors can always refuse to supply personally-identifying information,

with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Evening Tweed may collect statistics about the behavior of visitors to its websites. Evening

Tweed may display this information publicly or provide it to others. However, Evening Tweed

does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Evening Tweed discloses potentially personally-identifying and personally-identifying

information only to those of its employees, contractors and affiliated organizations that (i)

need to know that information in order to process it on Evening Tweed’S behalf or to provide

services available at Evening Tweed’S websites, and (ii) that have agreed not to disclose it to

others. Some of those employees, contractors and affiliated organizations may be located

outside of your home country; by using Evening Tweed’S websites, you consent to the transfer of

such information to them. Evening Tweed will not rent or sell potentially personally-

identifying and personally-identifying information to anyone. Other than to its employees,

contractors and affiliated organizations, as described above, Evening Tweed discloses

potentially personally-identifying and personally-identifying information only in response to a

subpoena, court order or other governmental request, or when Evening Tweed believes in good

faith that disclosure is reasonably necessary to protect the property or rights of Evening

Tweed, third parties or the public at large. If you are a registered user of an Evening Tweed

website and have supplied your email address, Evening Tweed may occasionally send you an email

to tell you about new features, solicit your feedback, or just keep you up to date with what’s

going on with Evening Tweed and our products. If you send us a request (for example via email

or via one of our feedback mechanisms), we reserve the right to publish it in order to help us

clarify or respond to your request or to help us support other users. Evening Tweed takes all

measures reasonably necessary to protect against the unauthorized access, use, alteration or

destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the

visitor’s browser provides to the website each time the visitor returns. Evening Tweed uses

cookies to help Evening Tweed identify and track visitors, their usage of Evening Tweed

website, and their website access preferences. Evening Tweed visitors who do not wish to have

cookies placed on their computers should set their browsers to refuse cookies before using

Evening Tweed’S websites, with the drawback that certain features of Evening Tweed’S websites

may not function properly without the aid of cookies.

Business Transfers

If Evening Tweed, or substantially all of its assets, were acquired, or in the unlikely event

that Evening Tweed goes out of business or enters bankruptcy, user information would be one of

the assets that is transferred or acquired by a third party. You acknowledge that such

transfers may occur, and that any acquirer of Evening Tweed may continue to use your personal

information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may

set cookies. These cookies allow the ad server to recognize your computer each time they send

you an online advertisement to compile information about you or others who use your computer.

This information allows ad networks to, among other things, deliver targeted advertisements

that they believe will be of most interest to you. This Privacy Policy covers the use of

cookies by Evening Tweed and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Evening Tweed may change its Privacy Policy from

time to time, and in Evening Tweed’S sole discretion. Evening Tweed encourages visitors to

frequently check this page for any changes to its Privacy Policy. If you have a Evening Tweed

account, you might also receive an alert informing you of these changes. Your continued use of

this site after any change in this Privacy Policy will constitute your acceptance of such

change.