Terms of Use
Updated: Date: August 2, 2020
Welcome to MyAlpStory.com. MyAlpStory.com and/or its affiliates ("My AlpStory") provide website features, products and services to you when you visit or shop at MyAlpStory.com, use My AlpStory products or services, use My AlpStory applications for mobile, download and license content or use software provided by My AlpStory in connection with any of the foregoing (collectively, "My AlpStory Services"). My AlpStory provides the My AlpStory Services subject to the following conditions.
By using My AlpStory Services, you agree to these conditions.
Please read them carefully
as this is a legal agreement between My AlpStory ("My AlpStory”) and You.
We offer a wide range of My AlpStory Services, and sometimes additional terms may apply. When you use a My AlpStory Service you also will be subject to the guidelines, terms and agreements applicable to that specific My AlpStory Service ("Service Terms"). If these conditions of use are inconsistent with the service terms, those service terms will control.
Your Account
You may need your own My AlpStory account to use certain My AlpStory services, and you may be required to be logged into the account and have a valid payment method associated with it.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to My AlpStory on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify My AlpStory. You may be liable for the losses incurred by My AlpStory or others due to any unauthorized use of your My AlpStory account.
If you are under 18, you may use the My AlpStory Services only with involvement of a parent or guardian. My AlpStory reserves the right to refuse service, terminate accounts, terminate your rights to use My AlpStory Services, remove or edit content, or cancel orders in its sole discretion.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Security
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, and to guard that information against loss, misuse or alteration.
Please note, however, that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security.
OWNERSHIP AND PROPRIETARY RIGHTS
My AlpStory is operated by AlpStories Inc. All content included in or made available through any My AlpStory service, such as visual interfaces, design, compilation, information, text, graphics, logos, trademarks, this site's trade dress, button icons, images, audio clips, digital downloads, data compilations, computer code (including source code and object code) and software, products, services, and all other elements is the property of AlpStories Inc or its content suppliers and protected by United States and international copyright laws, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on My AlpStory is the property of AlpStories Inc or its parent companies or subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to My AlpStory and its affiliates and/or third-party licensors. All trademarks not owned by AlpStories Inc are the property of their respective owners and, where used by My AlpStory, are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
My AlpStory respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. My AlpStory reserves the right to remove access to infringing material posted to its site. Such actions do not affect or modify any other rights My AlpStory may have under law or contract.
ORDER AND PRICING
Prices are as stated on My AlpStory Website are subject to change without notice.
When ordering from My AlpStory website, your order is placed and you are committed to pay for it when you press the “Buy Now” button at the end of the checkout process. However, no order is accepted and no contract is created between you and us until we confirm acceptance of your order. All credit/charge card payments are subject to authorization by the card issuer.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Certain products or services may be available exclusively online through the website. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
All purchases of physical items from My AlpStory are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS & RETURN
Due to the nature of our products, we cannot accept returns. We will offer a replacement or a shop credit for certain circumstances. Please send us an email at [email protected] with any concerns about your purchase so we can work something out.
Damages: If you receive a damaged item, contact us immediately at [email protected]. We will replace any damaged items provided they are reported within 48 hours of order delivery.
Your satisfaction is our top priority and we will do what we can to ensure your happiness with every purchase.
My AlpStory attempts to be as accurate as possible in product descriptions. However, My AlpStory does not warrant that product descriptions or other content of any My AlpStory Service is accurate, complete, reliable, current, or error-free.
MADE-TO-ORDER (PERSONALIZED) PRODUCTS
My AlpStory provides you with the option to create and mix your personalized products as well as your own personalized product label.
Please keep in mind that the products you are creating and ordering are unique and organic. They therefore may have variations from batch to batch (slight changes in color for example).
The following conditions apply to personalized/made-to-order skincare products:
- Certain elements and/or ingredients cannot be moved or altered because these are either required by law (e.g. list of ingredients in the final product) or exist for the purpose of recognizability (for ex. bar code).
- The Customer has permanent access to own recipes and on the personal user account.
- My AlpStory keeps the right to limit the use of the brand My AlpStory only to products created by My AlpStory.
- My AlpStory guarantees, that all ingredients used to create a personalized skincare product are organic, of high quality and compliant with EU Regulations for cosmetic products (Regulation(EC) No. 1223/2009).
You may post reviews, comments, photos, videos, and other content; you may upload your personalized label: send messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. My AlpStory reserves the right (but not the obligation) to remove or edit such content and to suspend accounts but does not regularly review posted content. My AlpStory has to right to refuse content you upload for the creation of your personalized product label, especially if it could harm the reputation of the My AlpStory brand but not limited to it.
If you do post content, upload labels or submit material, and unless we indicate otherwise, you grant My AlpStory a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant My AlpStory and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post or upload; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify My AlpStory for all claims resulting from content you supply. My AlpStory has the right but not the obligation to monitor and edit or remove any activity or content. My AlpStory takes no responsibility and assumes no liability for any content posted by you or any third party.
DISCLAIMER OF WARRANTIES; INDEMNIFICATION
This Site, its content, its products and any associated services are provided by My AlpStory on an “as is” or “as available” basis. My AlpStory makes no representations or warranties of any kind, express or implied, as to the operation of this site, to the information, content, materials, or products included on this site, or to the functionality, of any services associated therewith. To the fullest extent permissible by applicable law, My AlpStory disclaims all implied warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
By using the My AlpStory Site, you acknowledge that your use of the site is at your own risk. My AlpStory will not be liable for damages of any kind arising from or otherwise related to your use of the site, including without limitation direct, indirect, incidental, punitive, and consequential damages, even if My AlpStory has been advised of or should have known of the possibility of such damages.
MY ALPSTORY DOES NOT WARRANT THAT THE MY ALPSTORY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MY ALPSTORY SERVICES, MY ALPSTORY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MY ALPSTORY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MY ALPSTORY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY
MY ALPSTORY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MY ALPSTORY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MY ALPSTORY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD, BUSINESS INTERRUPTION, LOST INFORMATION OR OTHER DAMAGES ARISING OUT OF THE USE OF INABILITY TO USE THE PRODUCT, WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF MY ALPSTORY PRODUCTS AND SERVICES. MY ALPSTORY’S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IN THE AGGREGATE IS THE REPLACEMENT OR A REFUND OF THE PURCHASE PRICE PAID FOR THE MY ALPSTORY PRODUCT.
You agree to indemnify, defend, and hold harmless MY ALPSTORY, its agents, distributors, vendors, partners and affiliates, and their officers, directors, and employees, from and against any claims, demands, damages, costs, and expenses, including without limitation reasonable attorney’s fees, arising from or related to your use of the Site or My AlpStory' products or your breach of any provision of these Terms or any warranty hereunder.
You agree that if you are dissatisfied with the Site and/or My AlpStory products, your sole and exclusive remedy is to discontinue using the site and/or the product.
PRIVACY POLICY
Please refer to this document for an explanation of MY ALPSTORY's policy on the information we collect; how we use this information and for how long; how cookies are used; opt-out procedures; information access; security; and third-party sites.
This Privacy Policy is effective as of August 1, 2020.
From time to time, we may use your information for new, unanticipated uses not previously disclosed in our Policy. If our information practices change materially at some time in the future, we will post the changes to our website and revise our Policy accordingly. In addition, if we have collected personally identifying information from you, we will notify you about the changes and secure your consent prior to making use of your information in new ways.
This Policy describes how we, My AlpStory, handle information we learn about you from our website.
What Information Do We Collect?
The information we collect varies depending upon your activities when visiting our site.
We collect personally identifying information you choose to provide to us in connection with your activities on the site. Participation in these activities is completely voluntary; therefore, you can elect not to disclose, for example, your name or address by not participating in the activity.
In addition, for each visitor to our site, we automatically gather certain other information, including (as applicable) internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, processor or device serial number, unique device identifier, geolocation information, and clickstream data. However, all of this automatically gathered information is kept only during the session in which it is collected; the data is deleted when you close your browser.
How Do We Use This Information?
We use this information for purposes stated at the point of collection and to analyze trends, to administer the site, to track users’ movements around the site, and to gather demographic information about our user base as a whole. We also use this information to improve the content of our web pages, and to customize the content and layout of our pages. All of this is done with the intention of making our site more useful to visitors.
How Long Do We Keep Your Information?
We may retain membership records indefinitely for historical purposes. Any payment and credit card information you may provide for the purpose of participating in an AlpStories activity is submitted by you directly to our credit card processor and is not accessed or retained by us.
Cookies
We use session cookies on this website. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.
We use session cookies to make it easier for you to navigate our site. We use session cookies to record session information, such as which web pages a user has visited, and to track user activity on the site. We also use session cookies to store any passwords used on the site (such as a password associated with a user account), so you don’t have to enter it more than once per session. Session cookies expire when you close your browser.
Third Party Sites
This Policy applies only to information collected by this website.
From time to time, this website may link you to other sites (“Linked Sites”) that are not owned by My AlpStory. We do not control the collection or use of any information, including personally identifying information, that occurs during your visit to the Linked Sites. Further, we make no representations about the privacy policies or practices of the Linked Sites, and My AlpStory is not responsible for the privacy practices of these linked sites.
Be careful of disclosing any of your personally identifiable information when leaving our site. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information.
Our website may contain affiliate marketing links, which means we may get paid commission on sales of those products or services. Our content is not influenced by advertisers or affiliate partnerships. This disclosure is provided in accordance with the Federal Trade Commission’s 16 CFR § 255.5: Guides Concerning the Use of Endorsements and Testimonials in Advertising.
ADVERTISING AND LINKS
My AlpStory may provide, or advertisers may post, links to other internet sites or resources. Because My AlpStory has no control over such sites and resources, you acknowledge and agree that My AlpStory is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
If you link to this Site, we require that you follow these guidelines: The link to this Site must not damage, dilute, or tarnish My AlpStory or the good will associated with our intellectual property, nor may the link create the false impression that your website is sponsored by, endorsed by, affiliated and/or associated with My AlpStory. Under no circumstances may you “frame” this Site or alter its intellectual property content in any way.
Your dealings and communications with any advertiser or other third party found on or through the Site are solely between you and that third party. Please carefully review the third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Any complaints, concerns, or questions you may have related to materials provided by or dealings with third parties should be forwarded directly to the third party.
If you do not wish to receive promotional emails from us, please let us know by using the "unsubscribe" link that can be found at the bottom of every email we deliver. Please allow a reasonable time for us to process your request. Please note that, although you can opt not to receive promotional messages, we reserve the right to send you informational email messages about any user account you establish on this website or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
INFORMATION ACCESS
Upon request we provide site visitors with access to their own personally identifying information (e.g., name, address, phone number) that we maintain about them. You can access this information by sending your request to [email protected]. To help us process your request, please provide sufficient information to allow us to identify you in our records.
We reserve the right to ask for information verifying your identity prior to disclosing any information to you, or correcting any information. Should we ask for verification, the information you provide to verify your identity will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete.
DISPUTES
Any dispute or claim relating in any way to your use of any My AlpStory service, or to any products or services sold or distributed by My AlpStory or through My AlpStory.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these conditions of use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to AlpStories Inc’ corporate offices at 1954 Airport Road, Suite 130, Atlanta, GA 30341. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. .
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights
OTHER TERMS
Applicable Law
By using any My AlpStory Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and My AlpStory. My AlpStory reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. You can review the most current version of the terms of service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Assignment
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by My AlpStory without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Reservation of Rights
My AlpStory reserves all rights not expressly granted in these Terms.
Prevention of Unauthorized Use and Software Terms
My AlpStory reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of My AlpStory, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign countries, agencies or authorities, and not to export or re-export the My AlpStory Product in violation of any such restrictions, laws or regulations, or without all necessary approvals.
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with My AlpStory Services (the "My AlpStory Software").
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Use of the My AlpStory Software. You may use My AlpStory Software solely for purposes of enabling you to use the My AlpStory Services as provided by My AlpStory, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the My AlpStory Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the My AlpStory Software in whole or in part. All software used in any My AlpStory Service is the property of My AlpStory or its software suppliers and is protected by United States and international copyright laws.
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Use of Third Party Services. When you use the My AlpStory Software, you may also be using the services of one or more third parties, such as a publisher, author, content distributor, wireless carrier or a mobile software provider (but not limited to it). Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
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No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the My AlpStory Software, whether in whole or in part
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Updates. We may offer automatic or manual updates to the My AlpStory Software at any time and without notice to you.
- Conflicts .In the event of any conflict between these conditions of use and any other My AlpStory or third-party terms applicable to any portion of My AlpStory Software, such as open-source license terms, such other terms will control as to that portion of the My AlpStory Software and to the extent of the conflict.