Your Use of This Site Is Governed By An Agreement To Arbitrate Disputes. You Agree To Submit All Disputes Concerning This Agreement, Your Use of This Web site, and Any Products or Services You Purchase Through the Web site To Confidential, Binding Individual Arbitration, And You Agree To Give Up Your Right To Represent Other Persons In A Class Action or Similar Proceeding.
Accuracy, Completeness, and Timeliness of Information on This Site
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Orders, Prohibition on Reselling, and Price
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in US dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Generally, all product is manufactured by special order. Therefore, merchandise displayed for sale on the Site may not be available in Venues. Select product may be found at special venues in the United States while supplies last. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.
Use of Material on the Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Dramé, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Dramé, is expressly prohibited. Dramé reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, or prohibit any person from using this Site for any reason whatsoever. Dramé, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Dramé’s sole discretion. Dramé neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Dramé.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, information, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Dramé reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Dramé may be entitled, at law or in equity.
Material You Submit
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant Dramé and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. You grant Dramé and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Dramé for all claims resulting from content you supply.
Conduct on the Site
Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site, you agree to provide true, accurate, current, and complete information about yourself.
Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Dramé immediately. Dramé may assume that any communications Dramé receives under your password have been made by you unless Dramé receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Dramé” and “Dramé Designs.” You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Dramé’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Dramé’s express written consent.
This Site may contain links to other websites, some of which are operated by Dramé or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked Sites. Dramé is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.
Intellectual property, including but not limited to trademarks, logos, and service marks displayed on this Site, are registered and unregistered trademarks of Dramé Designs, LLC, their licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Dramé reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:
The Law Offices of Max Elliott, Ltd.
500 N. Michigan Ave.
Chicago, Illinois 60611
Or by phone at: 1.312.396.4053
In order for us to more effectively assist you, the notification must include ALL of the following:
- A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work you claim has been infringed;
- Information reasonably sufficient to locate the material in question on the Site;
- Your name, address, telephone number, email address, and all other information reasonably sufficient to permit Dramé to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Dramé is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. DRAMÉ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF INFORMATION THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRAMÉ OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. DRAMÉ DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DRAMÉ NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, DRAMÉ’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DRAMÉ, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR INFORMATION, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER DRAMÉ NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DRAMÉ IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND DRAMÉ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The only exceptions to this arbitration agreement are that (i) each of you and we retain the right to sue in small claims court and (ii) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our legal department: The Law Offices of Max Elliott, Ltd., 500 N. Michigan Ave., Suite 600, Chicago, Illinois 60611. During the first 45 days after we receive your notice (the “Pre-Arbitration Period”), we may try to reach a settlement of the dispute. If we do not resolve the dispute ourselves within the Pre-Arbitration Period, you may commence arbitration. The arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this Agreement. The JAMS Rules are available at http://www.jamsadr.com/rules-streamlined-arbitration/ www.adr.org or by calling 1-800-352-5267.
Arbitration firms ordinarily charge fees to both sides to conduct arbitrations. The claimant in arbitration heard by JAMS has to pay $250 to start a case, whether the claimant wins or loses. In the event you commence arbitration for an amount less than $10,000, after we receive notice that you have done so, we will reimburse you for your payment of this filing fee and we will pay JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator’s services, pursuant to the JAMS Rules. We will not seek to recover the filing fee we reimbursed to you unless the arbitrator determines that you brought your claim frivolously or for an improper purpose.
Each of us may incur attorneys’ fees during the arbitration. Each of us will bear our own attorneys’ fees, except in the following circumstances. If applicable law permits a prevailing party to recover attorneys’ fees, the prevailing party may seek fees as applicable law permits. If applicable law does not permit a prevailing party to recover its attorneys’ fees, but you prevail in the arbitration and win an award at least 25% greater than our highest pre-arbitration settlement offer, then we will pay your reasonable attorneys’ fees for time reasonably expended at rates that prevail for attorneys in your home county, in an amount not to exceed the greater of $10,000 or 20% of the arbitrator’s damages award to you. If we prevail in the arbitration, we will seek to recover our reasonable attorneys’ fees and reimbursement of arbitration costs only if applicable law permits a prevailing party to see fees or if the arbitrator finds that you brought a claim frivolously or for an improper purpose and applicable law does not preclude us from seeking our fees and costs.
The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties pursuant to the JAMS Rules.
If your claim is for $10,000 or less, we agree, pursuant to the JAMS Rules, that the dispute should be resolved without an oral hearing, unless the arbitrator requests otherwise. Any in-person hearing for a claim of less than $10,000 must be conducted in New York, New York. If your claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the JAMS Rules.
Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver: No Consolidation of Arbitral Claims
We agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in Cook County, Illinois.
Entire Agreement and Admissibility
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
How to Contact Us
WEBSITE AND VENUE PRIVACY NOTICE
Last modified: May 23, 2018
Dramé Designs LLC and its affiliates (collectively, “Dramé”) respect your concerns about privacy. This Privacy Notice applies to personal information we collect (i) on this website, (ii) at public and private venues where product is sold or displayed (collectively, the “Venues”), and (iii) through the other channels described below. Dramé is responsible for this website.
The Privacy Notice describes the types of personal information we collect on this site, in our Venues, and in other ways discussed below, how we may use that information and with whom we may share it. The notice also describes the measures we take to protect the security of the personal information. We also tell you how you can reach us to ask us to (i) access, change, or not use the personal information you have provided to us; (ii) withdraw any consent you previously provided to us; (iii) tell us to refrain from communicating with you about our products or services; and (iv) answer any questions you may have about our privacy practices.
Information We Collect and How We Use It
Individuals may choose to provide personal information (such as name, contact details, and payment information) through this website, in our Venues, and through the other channels described below. Here are the ways you may provide the information and the types of information you may submit. We also tell you how we may use the information.
You may be able to purchase Dramé products on this website (referred to as “Services”). To process your purchase, we ask for information such as your name, billing and shipping address, telephone number, email address, and payment card information. We use this information to process your purchase, confirm your order, and deliver the items to you. If you give us permission, we also may use your contact information to communicate with you about our products, services, and promotions.
If you purchase an item or gift card on this site or ask us to deliver your purchase to someone else, we ask for the recipient’s name, postal address, and email address. We use this information to send the gift card or item to the recipient. If you ask us to do so, we also may use this information to notify the recipient of your gift before it arrives.
You may be able to register to create an account on this website. To do so, we ask for information such as your name and email address.
Through the “My Account” feature, you can Store billing and shipping information so you won’t have to enter it again when you make another purchase on this site. You also can Store payment card information and details of your past purchases. In addition, you can save your credit card information on your account for faster checkout. To use this feature, we ask you to provide your credit card information and the corresponding billing address.
You can also use the “My Account” feature to create a wish list of products you want and share your list by email with friends and family. If you choose to share your list, we ask for your name and email address and the recipient’s email address. This information is used only to email your list to your desired recipients.
You can create and save an address book on your account. You can delete entries in the address book at any time. We will not use or disclose the information you delete from your address book.
Surveys, Sweepstakes, and Promotions
On this website, you may be able to participate in surveys and other promotions. If you choose to participate in these promotions, we may ask you for information such as your name, email address, postal address, and telephone number. We use the information you provide to administer our contests, sweepstakes and other promotions. We also may use the information to communicate with you about our products, services, and promotions, but only if you have given us your consent to do so.
You may be able to sign up on this site to receive electronic newsletters and promotional emails from Dramé, including new ideas, special offers and event information. To sign up, we may ask you for information such as your name, email address, postal address, telephone number, age, gender, shopping preferences and email preferences. We use this information to send you communications about our products and services, invitations to specials sales and events at Venues located near you, and notices of new arrivals. We also use this information to tailor our newsletters to reflect your preferences. You can choose at any time not to receive marketing emails from us by clicking on the unsubscribe link within our marketing emails. You also may use the email preferences section of the “My Account” feature to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us. There is no charge to you to unsubscribe.
You may be able to sign up to receive communications about our products and services through your mobile device by submitting your mobile telephone number online or by texting us. If you sign up for mobile communications, we may send you autodialed marketing text messages about our products, services and promotions. It is your responsibility to notify Dramé in the event that you disconnect your mobile number or change carriers. In the U.S., you may opt out of receiving text message communications on your mobile device by sending a text message with the word “STOP” to short code 89448. You will receive one additional text message, confirming that your request has been received. Outside the U.S., you may opt out of receiving these communications by contacting us as specified in the “How to Contact Us” section below. Dramé does not charge you to unsubscribe. Depending on the terms of your mobile phone contract, you may incur charges for receiving and sending text messages on your mobile device. Dramé is not responsible for these charges. Message frequency varies per month. Consent is not a condition of purchase. Autodialed marketing messages will be sent to the mobile number you provide at opt-in. Message and information rates may apply. Text HELPto 89448 for help. The wireless carriers are not liable for delayed or undelivered messages.
You may be able to submit comments to blogs we host on this website. You may include personal information in your comment, and you also may submit your name with your comment. We use your name to identify you as a commenter.
Email to a Friend
You may be able to share certain content from this website with your friends. To send information to your friends, we ask for your friends’ and your email addresses. We use this information only to fulfill your request. We do not retain the information you provide in connection with this feature, except to send the requested content. We will not include any other advertisements within the messages sent to your friends.
If you communicate with us through the “Contact Us” link on this site, we may ask you for information such as your name, email address, ZIP code, and telephone number. We use this information to respond to and communicate with you about your questions and comments.
Other Site Features
We offer visitors to this website various features for their information and enjoyment, which we may change from time to time. We may ask you to submit certain personal information so we can provide you with these features and send you communications about our products, services, and promotions.
Information Collected by Automated Means
We obtain certain information by automated means when you visit our website, such as through cookies, web beacons, and web server logs. The information we collect in this manner includes the IP address of the device you use to connect to the internet, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, dates and times of website visits, and the pages accessed. By collecting this information, we learn how to best tailor our website to our visitors and understand what products and services you might prefer. Both we and others (such as our service providers) may collect personal information about our visitors’ online activities over time and across third-party websites.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Without cookies, however, you may not be able to take full advantage of all our site features. For example, if you turn off cookies or refuse them, you will not be able to make purchases on the site.
Certain pages on this website contain “web beacons” (also known as internet tags, pixel tags, and clear GIFs). Web beacons are used for internal purposes, such as to obtain the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We also retain service providers who use web beacons to assess the effectiveness of our email communications and learn what pages our visitors viewed.
We use information collected through these automated means for purposes such as (i) customizing our users’ visits to our website, (ii) delivering content tailored to our users’ interests and the manner in which our users browse our sites, and (iii) managing our sites and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.
We also may use third-party web analytics services, such as those of Adobe Analytics and Google Analytics, to measure the effectiveness of our advertising and determine how visitors use this website. These service providers’ tools, including cookies and web beacons, allow us to collect information such as the state and ZIP code from which our visitors come and the IP addresses of our visitors’ computers. To opt out of aggregation and analysis of information collected by Adobe Analytics and Google Analytics, please click hereand here.
We may collect information about your online activities on our website to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Privacy Notice provides details and explains how to exercise your choices.
You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based, and contextual means. These partners track your online activities over time and across websites by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes information about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This information collection takes place both on our website and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.
You may opt out of ad network interest-based advertising generally through the Network Advertising Initiative website or by visiting http://www.aboutads.info/choices/.
Here are some of the ways we collect personal information in our Venues and a description of how we use the information:
When you buy products or obtain services in our Venues, we ask you for information we need to process your purchase or provide you with the services you requested. Depending on the payment method you use, and as permitted by applicable law, we may ask for information such as your name, mailing address, telephone number, driver’s license or ID number, passport number, and checking account information or payment card information. We also collect information about your purchase, such as the items you bought, the price of the items, the payment method you used, and if the product was on sale. We use this information to process your transaction.
You may join our Customer Registry at our Venues. To join, we ask for your name, postal address, email address, and mobile and home telephone numbers. You also may choose to provide us with your birth date and gender. We use this information to communicate with you about our products, services and promotions, and for other marketing and Customer Assistance purposes.
Customer Satisfaction Surveys
When you buy products or obtain services in our Venues, we may ask you to complete a customer satisfaction survey. If you choose to do so, you may provide information such as your name, email address, telephone number, age, gender, and other demographic information, in addition to your comments. Providing any of this information is optional. We use the information you provide to improve our products and services, and enhance your shopping experience.
Other Ways We Collect Personal Information
You may contact us by email for information about our products or personal shopping advice. If you do so, we may ask you for information such as your name, email address, postal address, telephone number, and, if you choose to make a purchase, your payment card information. We use this information to respond to your request and process your transaction.
Information We Share
We do not sell or otherwise disclose personal information about our customers, except as described here. We may share the personal information you provide to us with our affiliates worldwide, licensees, and joint venture partners for the purposes described in this Privacy Notice. We also may share the information with our service providers who perform services on our behalf based on our instructions. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Notice. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
Links to Other Sites
This website may contain links to other sites for your convenience and information. These sites may be operated by companies not affiliated with Dramé. Linked sites may have their own privacy policies, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with Dramé, any use of those sites, or the privacy practices of those sites.
How We Protect Personal Information
We maintain appropriate administrative, technical, and physical safeguards to protect the personal information you provide on this website or in our Venues against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. We use Secure Sockets Layer (“SSL”) technology to protect the transmission over the internet of your payment card information. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure site, the first characters of the site address change from “http” to “https.” If you are using a web browser or firewall that does not permit communications through secure sites, you will not be able to make purchases on our site.
We strive to protect the confidentiality and security of Social Security numbers (“SSNs”) in our possession, custody, or control by employing reasonable safeguards seeking to (i) restrict employee access to and use of SSNs, (ii) prevent unauthorized third-party access to SSNs, and (iii) prohibit unlawful disclosure of SSNs.
Transfer of Personal Information to Other Countries
We may transfer the personal information we collect about you to recipients in countries other than the country in which you originally provided it. These countries may not have the same information protection laws as the country in which you provided the information. When we transfer your information to recipients in other countries, we will protect that information as described in this Privacy Notice and will comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries other than the one in which you provided the information.
Access and Correction
Subject to applicable law, we provide you with access to personal information we have retained about you and the ability to review, correct, update, block, or delete the information where it is inaccurate. Subject to applicable law, we may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances. Please submit your request to the address specified in the “How to Contact Us” section below. Please include your name, email address, and postal address in your request.
We offer you certain choices about how we communicate with you and what information we collect from you. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds and free of charge to the processing of your personal information, and we will apply your preferences going forward.
You can choose not to receive marketing communications from us by clicking on the unsubscribe link in our marketing emails or contacting us as specified in the “How to Contact Us” section below. Please include your name, email address and postal address if you send us your request by email or postal mail. Our website is not designed to respond to “do not track” signals received from browsers.
If you are a California resident, you may ask us to refrain from sharing your information with certain of our affiliates and other third parties for their marketing purposes.
To opt out of aggregation and analysis of information collected by Adobe Analytics and Google Analytics, please click hereand here. To opt out of Netmining’s targeted advertising services, click here. To learn how to opt out of ad network interest-based advertising generally, click here or visit http://www.aboutads.info/choices/.
This website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on this site, we will delete the information from our records.
Updates to Our Privacy Notice
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices or relevant laws. We will post a prominent notice on the site to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was updated.
How to Contact Us
If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us as indicated below:
The Law Offices of Max Elliott, Ltd.
Attn: Dramé Designs Legal Representative
500 N. Michigan Ave.
Chicago, Illinois 60611
Effective date: May 23, 2018
Dramé Designs, LLC does not participate in Privacy Shield at this time. However, when resolving disputes, Dramé does use JAMS, which is a designated alternative dispute resolution organization for the EU-U.S. Privacy Shield collaboration.
Types of Personal Information Dramé Collects
Dramé collects Personal Information directly from Consumers through the Sites and in Venues. Dramé obtains, uses, discloses and otherwise processes Personal Information about its Consumers to (i) process transactions they request, including e-commerce and mobile transactions, (ii) improve its Venues, Sites, quality of service, and Consumers’ shopping experience, (iii) send communications about its products, services, campaigns and promotions, (iv) prevent and detect fraud and abuse, (v) process information or claims in connection with incidents at Venues, (vi) enable service providers to perform certain activities on the company’ s behalf, and (vii) comply with legal obligations, policies and procedures and for internal administrative and analytics purposes.
- date of birth
- demographic information;
- billing and shipping address;
- driver’ s license or ID number;
- passport number;
- telephone number;
- email address;
- payment card information;
- checking account information;
- shopping preferences and purchase history;
- information obtained by automated means when Consumers visit the Sites, such as through cookies, web beacons, and web server logs (including the IP address of the device the Consumer uses to connect to the internet, domain name, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on the Sites, dates and times of Site visits and the pages accessed); and any other information Consumers provide or generate on the Sites and in Venues.
Dramé also may obtain and use Consumer Personal Information in other ways for which the company provides specific notice at the time of collection.
In addition, Dramé obtains Personal Information, such as contact information and financial account information, of representatives of vendors and other business partners. Dramé uses this information to manage its relationships with its vendors and business partners, process payments, expenses and reimbursements, and carry out the company’ s obligations under its contracts with the relevant organizations.
Dramé provides information in this Policy and the privacy notices on the Sites about its Consumer Personal Information practices, including the types of Personal Information Dramé collects, the types of third parties to which Dramé discloses the Personal Information and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Information, and how to contact Dramé about its practices concerning Personal Information.
Relevant information also may be found in notices pertaining to specific information processing activities.
Dramé generally offers Consumers the opportunity to choose whether their Personal Information may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, Dramé obtains opt-in consent for certain uses and disclosures of Sensitive Information. Consumers may contact Dramé as indicated below regarding the company’ s use or disclosure of their Personal Information. Unless Dramé offers Consumers an appropriate choice, the company uses Personal Information only for purposes that are materially the same as those indicated in this Policy.
Dramé shares Consumer Personal Information with its affiliates and subsidiaries. Dramé may disclose Consumer Personal Information without offering an opportunity to opt out, and may be required to disclose the Personal Information, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Dramé also reserves the right to transfer Personal Information in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Sharing Personal Information
This Policy and the privacy notices on the Sites describe Dramé’s sharing of Consumer Personal Information or Personal Information.
You may change or correct your Dramé 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 name. You can also request the deletion of the personal information in your account.
Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) information access and portability (including the right to obtain a copy of your personal information you provided to Dramé, via your settings); (ii) information correction (including the ability to update your personal information, in many cases via settings); (iii) information deletion (including the right to have Dramé delete your personal information, except information we are required to retain, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask Dramé to stop processing your personal information, with some exceptions, by contacting us).
We use non-technically necessary cookies and similar technologies
You may also control the receipt of certain types of communications from Dramé in your account settings. Dramé 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 control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Messages from Dramé” section of this policy.
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 by following the prompts indicated or by contacting us at firstname.lastname@example.org.
On occasion, Dramé may need to contact you. Primarily, these messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. Dramé may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent, Dramé may send you an SMS (or similar) message or physical 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 Dramé are service-related and necessary for members and Guest Checkout users. You agree that Dramé 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 Dramé’s support 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. Account holders 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.
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:
- 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 information sharing related to advertising, and, to the extent applicable, (iii) for the use of location information 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 community against spam, harassment, intellectual property infringement, crime, and security risks of all kind.
We respect your privacy. Dramé 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. For example, in accordance with our existing dispute resolution policy, we may use information you provide to resolve disputes with Dramé. We may learn the sorts of products that you’re interested in from your browsing and purchasing behavior on (and off) the Site or Apps 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 or our sellers may advertise our Services or our sellers’ products 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.
Information Integrity and Purpose Limitation
Dramé limits the Consumer Personal Information it processes to that which is relevant for the purposes of the particular processing. Dramé does not process Consumer Personal Information in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, Dramé takes reasonable steps to ensure that the Personal Information the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Dramé relies on its Consumers to update and correct the relevant Personal Information to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact Dramé as indicated below to request that Dramé update or correct relevant Personal Information.
Subject to applicable law, Dramé retains Consumer Personal Information in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Information was collected or subsequently authorized by the Consumer.
Consumers generally have the right to access their Personal Information. Accordingly, where appropriate, Dramé provides Consumers with reasonable access to the Personal Information Dramé maintains about them. Dramé also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. Dramé may limit or deny access to Personal Information where the burden or expense of providing access would be disproportionate to the risks to the Consumer’ s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Information by contacting Dramé as indicated below.
Recourse, Enforcement and Liability
Consumers may file a complaint concerning Dramé’s processing of their Personal Information. Dramé will take steps to remedy issues involving the complaint. Consumers may contact Dramé as specified below about complaints regarding Dramé’s Consumer Personal Information practices.
If a Consumer’ s complaint cannot be resolved through Dramé’s internal processes, Dramé will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Dramé. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Dramé’s compliance with the Privacy Shield Principles.
How to Contact Dramé
To contact Dramé with questions or concerns about this Policy or Dramé’s Consumer Personal Information practices:
The Law Offices of Max Elliott, Ltd.
Attn: Dramé Designs Legal Representative
500 N. Michigan Ave.
Chicago, Illinois 60611
MOBILE APPLICATION PRIVACY NOTICE
We are not responsible for the content, use, or privacy practices of any third-party sites linked from or otherwise accessible from the Apps that are not operated by Dramé.
If you have any questions or comments about this Mobile App Privacy Notice, please contact us by writing to:
The Law Offices of Max Elliott, Ltd.
Attn: Dramé Designs Legal Representative
500 N. Michigan Ave.
Chicago, Illinois 60611
Effective Date of Mobile Application Privacy Notice: May 25, 2018