Terms and Conditions/Privacy Policy

Terms of Use

These Terms of Use were updated as of January 31, 2016.

These Terms of Use (the "Terms") apply to all online visitors to www.SundaesWorld.com (the “Site”). By using this Site, purchasing items through the Site, or subscribing to a subscription services through the Site, you ("you" or "User") agree to the terms and conditions in this Agreement between you and Sundae’s World, LLC ("Sundae’s World"). If you do not agree to these outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Site and cancel any subscriptions.

Sundae’s World reserves the right to make any changes to these Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing the Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, including making purchases through the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. We strongly suggest that each time you make a purchase through this Site, you re-read the Terms of Use.

If you have any questions about these terms, contact us at support at SundaesWorld.com.

Choking and Allergy Information

1. Choking Hazards. Sundae’s World Subscription Boxes are for children three years and up. Subscription Boxes may contain items that pose a choking hazard for children under three. Items that are included in the Subscription Box may include a Small Ball and Small Parts.

2. Allergies. Sundae’s World Subscription Boxes may contain food items that contain nuts, wheat, soy, dairy, and other food-based allergens. If the individual who will be receiving the Subscription Box has any food allergies, Sundae’s World offers a Subscription Box that does not contain any food products. We are not able to take any special requests at this time other than providing a Subscription Box that does not have food products.

3. Adult Supervision. Sundae’s World recommends that an adult supervise the individual receiving the Subscription Box if the individual is a child. As stated above, some items may contain choking hazards and/or allergens that should have adult supervision when opening and/or using.

Use of Site/General Purchase Terms

4. We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United State dollars.

Acceptance of Terms. By using the Site, you agree to the terms and conditions in this Agreement between you and Sundae’s World. You must accept the Terms, in full, before using the Site. You can accept the Terms in one of three ways: (a) by clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you on the Site; (b) by actually using the Site; and/or, (c) by making purchases of Sundae’s World products, including any subscriptions services. BY USING THE SITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE. EXCEPT AS OTHERWISE PROVIDED, THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE, AFTER ANY CHANGE(S) HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S).

5. Privacy Policy. Sundae’s World cares about the privacy of our users. Sundae’s World's Privacy Policy applies to the use of the Site, and its terms are made a part of the Terms by this reference. To view our Privacy Policy, see below Terms of Use. . Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Sundae’s World and that communications with Sundae’s World can never be guaranteed to be secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, we employ reasonable measures to protection your information from unauthorized use or disclosure. While we make these reasonable precautions against loss or theft of data, Sundae’s World shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is Sundae’s World's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.

6. Use and Restrictions. The Site may be accessed and used only by individuals who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Sundae’s World, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site. Purchases from the Site and entering into Subscriptions Service agreements may only be done by individuals 18 and older who can legally enter into binding agreements.

7. Accounts. If you wish to purchase a Subscription Service or a product through the Site, you will be given the option to create a user account. Such account will keep track of your purchases, subscriptions, and account information.

8. Passwords. To create an account, you will be required to choose a unique username and strong passwords. Sundae’s World is not responsible for inappropriate sharing of logins and passwords and further, sharing of login information may result in termination of your use of the Site.

9. Credit Card Charges. Sundae’s World uses Createjoy.com to provide billing services. By entering your credit card information, you agree and acknowledge that you will be bound by Cratejoy.com’s terms of use and privacy policy in addition to the policies of this Site. You will be billed monthly on the products and/or Subscription Services purchased until such time that this Agreement is terminated.

10. Disputes. You agree to submit any disputes regarding any charge to your account in writing to Sundae’s World within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

11. Shipping. When you place an order on our Site, we will ship your order to the address designated by you as long as that shipping address can accept packages. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer. At this time, we only ship to addresses located in the continental United States and Canada. Please update any address changes in a timely fashion as Sundae’s World uses your current account information for shipping.

12. Returns. All purchases made through the Site are final unless otherwise stated.

13. Risk of Loss. All products purchased on our Site are made pursuant to a shipping contract. This means that the risk of loss for all items purchased pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

14. Products Descriptions. In describing and portraying our products on the Site, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. We apologize for any inconvenience. In addition, we reserve the right to substitute products of equal value in our Subscription Services at any time, for any reason.

15. Modifications. Any Products offered on our Site are subject to modification or discontinuation at any time and from time to time without notice or obligation to you, provided that any then-in-effect Subscription Services will be billed at the then-in-effect rate until such time as the Subscription Service is set to renew.

Subscription Services

16. Subscription Services. Sundae’s World offers one subscription type (collectively, “Subscription Services”):

a. one-month subscription services that are billed on a monthly basis.

17. Reoccurring Monthly Subscriptions. By purchasing a monthly subscription, you will be billed monthly in advance of your Subscription Box being sent. Your subscription will be automatically renewed each month until you cancel. Your payment method will automatically be charged for each successive term at the then-current monthly subscription rate. All subscriptions must be canceled by the 9th of the month.

18. Gift Subscriptions. Sundae’s World also offers the following Gift Subscriptions:

a. one-month Gift Subscription that are billed on a monthly basis; (“One-Month Gift Subscription”);

Gift Subscriptions are non-refundable and cannot be cancelled after purchase.

Reoccurring Monthly Gift Subscriptions. By purchasing a monthly gift subscription, you will be billed monthly in advance of your Gift Subscription Box being sent. Your gift subscription will be automatically renewed each month until you cancel. Your payment method will automatically be charged for each successive term at the then-current monthly gift subscription rate. You may only cancel any additional terms at least twenty days before the term automatically renews.

User and Third Party Content/Communications

19. User Communications and User Content. By submitting material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Sundae’s World a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant Sundae’s World the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Sundae’s World shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.

20. No Liability for User Communication. We will have no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to Sundae’s World to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. In addition, to the extent any User Communication contains your or any other person's name, likeness, voice or biographical information ("Personal Rights"), you hereby grant and will cause such other person to grant to Sundae’s World a sublicensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of Sundae’s World products and services (in any media, whether now known or not currently known or invented). User Communications shall be considered non-confidential and Sundae’s World is under no obligation to treat such User Communications as proprietary information except pursuant to Sundae’s World's Privacy Policy applicable to personally identifiable information. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms.

21. User Content. When submitting User Communications to or otherwise using the Site, you agree not to, without limitation: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); (e) post anything that exploits children or minors or that depicts cruelty to animals; (f) post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark; (g) post any person's name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person's parent or legal guardian); (h) disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; (i) use any robot, spider, scraper or other automated means to access the Site; (j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and/or (k) alter the opinions, goals, profiles or comments posted by others on the Site. This list of prohibitions provides examples and is not complete or exclusive. Sundae’s World reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any User Communications; with or without cause and with or without notice, for any reason or no reason, or for any action that Sundae’s World determines is inappropriate or disruptive to this Site or to any other user of the Site and/or services. Sundae’s World may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Sundae’s World's discretion, Sundae’s World will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.

22. Third Party User Communications. Sundae’s World takes no responsibility and assumes no liability for any User Communications posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of products and reviews, Sundae’s World is only a forum and is not liable for any statements, representations, or User Communications provided by its users in any public forum or personal home page. These prohibitions do not require Sundae’s World to monitor, police, or remove any User Communications or other information submitted by you or any other user.

23. Links to Third Party Websites. The Site may contain links to websites and other resources operated by third parties other than Sundae’s World. Such links are provided solely as a convenience to you. Sundae’s World does not control such websites, and is not responsible for the content, products, services, or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

Liability/Warranties

24. PRODUCT LIABILITY. IN NO EVENT WILL SUNDAE’S WORLD BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF PRODUCTS ON THIS SITE. YOU UNDERSTAND THAT THE PRODUCTS YOU ARE BUYING THROUGH THIS SITE IF USED INCORRECTLY OR AGAINST THE RECOMMENDED USE MAY BE HAZARDOUS TO YOUR HEALTH OR SOMEONE ELSE'S. YOU AGREE AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO USE THE PRODUCTS IN A SAFE MANNER. FURTHER, YOU AGREE AND ACKNOWLEDGE THAT USE OF ANY PRODUCTS MAY BE HAZARDOUS AND CAUSE SERIOUS PHYSICAL HARM OR EVEN DEATH. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY PRODUCT YOU BUY THROUGH THIS SITE AND AGREE TO INDEMNIFY AND HOLD HARMLESS SUNDAE’S WORLD FOR ANY INJURIES OR DEATH CAUSED BY THE USE OF SUCH PRODUCTS.

25. WARRANTIES AND DISCLAIMER. THE SITE, USER COMMUNICATIONS, AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNDAE’S WORLD DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, USER COMMUNICATIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SUNDAE’S WORLD DOES NOT REPRESENT OR WARRANT THAT THE SITE, USER COMMUNICATIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT THE TIME OF ORDER. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO SUNDAE’S WORLD THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE. IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. SUNDAE’S WORLD THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.

26. LIMITATION OF LIABILITY. SUNDAE’S WORLD AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.

Intellectual Property Information

27. Ownership of the Site, Content, and Trademarks. The Site is owned and controlled by Sundae’s World and unless otherwise agreed in writing, all materials on our Site, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Sundae’s World. The Site and Content are intended solely for your personal, non-commercial use. You may not download and/or copy any of the Content without permission from Sundae’s World unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded and/or copied Content is transferred to you as a result of any such downloading and/or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, and/or otherwise use any of the Content or the Site for any public or commercial purpose. Sundae’s World also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Sundae’s World does not permit use of any data mining, robots, scraping, and/or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Sundae’s World and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site.

28. Trademark. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered including, but not limited to, SundaesWorld.com, Sundae’s World, Sundae the Penguin, and our logo (collectively the "Marks") that appear on the Site are proprietary to Sundae’s World or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Sundae’s World, and you may not remove or otherwise modify any trademark notices from any Content. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Sundae’s World or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sundae’s World.

29. Copyright, Trademark, and Intellectual Property Complaints. Sundae’s World respects the intellectual property rights of others. We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When Sundae’s World receives proper Notification of Alleged Copyright Infringement, Sundae’s World promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see contact us at support@SundaesWorld.com for more information on how to report infringement of your copyright. Sundae’s World may, at its sole discretion, terminate any Users who are deemed by Sundae’s World to be have committed copyright infringement, whether or not there is any repeat infringement.

Miscellaneous

30. Termination of Agreement. Sundae’s World may terminate this Agreement at any time. Without limiting the foregoing, Sundae’s World shall have the right to immediately terminate your use of this Site in the event of any conduct by you that Sundae’s World, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.

31. Termination of Use of Site if Under 13. Sundae’s World may terminate your use of the Site, delete any content or information that you have posted on the Site, refuse any orders, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 13 year of age or violate these Terms of Service.

32. Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

33. Time for Claims. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THIS OR ANY OTHER SITES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

34. Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.

35. Severability. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.

36. Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Sundae’s World. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

37. Indemnity. You agree to indemnify and hold Sundae’s World, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

38. No Assignment. No modification or amendment of this Agreement shall be valid unless in writing.

39. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns

40. Number and Gender. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.

41. Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in this Agreement with the initial letter(s) capitalized will have the meaning attributed to them in this Agreement.

42. Electronic Communications. You consent to receive electronic communications from Sundae’s World either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.



Privacy Policy

Sundae’s World, LLC (“Sundae’s World”) has established this privacy policy to explain to you how your information is protected, collected, and used on its website, SundaesWorld.com (the “Site”). Sundae’s World may update this policy at any time. Sundae’s World will provide notice of materially significant changes to this privacy policy by posting notice on the Site.

Protecting Your Privacy

Sundae’s World makes all attempts to protect your private information. Sundae’s World will not share your personal information with any third parties without your consent unless otherwise specified in this Policy.

Sundae’s World, or people who post on the Site, may provide links to third party websites, which may have different privacy practices. Sundae’s World is not responsible for, and does not have any control over, the privacy policies of those third party websites, and encourages all users to read the privacy policies of each and every website visited.

Use of Website by Minors

Sundae’s World does not knowingly collect any information from persons under 13 years of age, although Sundae’s World does collect information about individuals under 13 if provided by you. Further, the use of the Site, subscribing to any subscription purchases, and/or buying any items from the Site is only knowingly allowed by individuals who are over the age of 18 and can enter into legally binding contracts.

Data Sundae’s World Collects

Sundae’s World may collect your name, email address, physical address, and phone number for shipping purposes if you purchase items from Sundae’s World.

Sundae’s World may collect information about the individual receiving the subscription box from you such as the individual’s name, birthday, gender, favorite color, and whether the individual has any food allergies or not. By submitting the individual’s name, you agree and acknowledge that we may address the subscription box to such name and may use the information you provide to customize the subscription box.

Sundae’s World sometimes collects your email address, for purposes such as sending email newsletters, product release information, sale information, and authenticating your account. By submitting your email to Sundae’s World, you consent to emails from Sundae’s World.

Sundae’s World sometimes collects your cell phone number for the purpose of sending you text messages about Sundae’s World or sales happening on the Site. By submitting your cell phone number to Sundae’s World, you consent to text messages from Sundae’s World.

Sundae’s World sometimes collects your phone number for the purpose of calling you about purchases made through Sundae’s World. By submitting your phone number to Sundae’s World, you consent to phone calls from Sundae’s World, even if such number is registered through a state or federal "Do Not Call" list.

Sundae’s World may collect personal information if you provide such information in feedback or comments or if you contact Sundae’s World directly. Any information posted on the site is not confidential. Please do not post anything on Sundae’s World that you would like to keep private.

The Site’s weblogs collect standard weblog entries for each page served, including your IP address, page URL, and timestamp. Weblogs help Sundae’s World diagnose problems with our server, to administer the Site, and to otherwise provide service to you. In addition, Sundae’s World may collect other information from your interaction with our Website, services, content, and advertising, including computer and connection information, statistics on page views, traffic to and from the Website, ad data, IP address, demographic and navigational data, and standard weblog information. This information may be obtained for Sundae’s World from a third party provider including, but not limited to, through the use of Google Analytics and Cratejoy.com. Sundae’s World may use this information for marketing, commercial, or any other purpose as Sundae’s World sees fit.

Data Sundae’s World Stores

All information posted to this Site may be stored in the Site’s database, even after "deletion”, and may be archived elsewhere.

The Site’s weblogs and other records are stored indefinitely. This may include any information you supply to Sundae’s World, your purchase history, and your browsing history. However, Sundae’s World cannot guarantee access to these records by third parties for more than three business days after the original information was submitted.

Although Sundae’s World makes good faith efforts to store the information in a secure operating environment that is not available to the public, Sundae’s World cannot guarantee complete security.

Sundae’s World may store information in an off-site location, which may or may not be located in the United States and may not be bound by the laws of the United States.

Archiving and display of the Site’s webpages by search engines and other sites.

Search engines and other sites not affiliated with Sundae’s World archive or otherwise make available Sundae’s World’s individual webpages. Sundae’s World has no control over third party archiving and search engine sites and cannot guarantee the accuracy of any information stored by search engine sites.

Credit Card Information.

Cratejoy.com handles all purchases made through the Site. Please see Cratejoy.com’s Privacy Policy regarding payments made through its site. Sundae’s World does not store or gather credit card information through the Site.

Circumstances in which Sundae’s World may release information

Sundae’s World may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.

Sundae’s World may disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of Sundae’s World, its users, or the general public.

Sundae’s World may disclose your information to third parties for use by Sundae’s World. This may include disclosure to email marketing providers to provide targeted marketing for our users. If you do not wish to receive email marketing from Sundae’s World, you will have the option to unsubscribe from the service.

Sundae’s World may disclose your information to other business entities, should Sundae’s World plan to merge with or be acquired by that business entity.

Sundae’s World may disclose your information in the event that you dispute any charges incurred by you with Cratejoy.com and/or any other third party service provider from Sundae’s World.

Geotracking

Sundae’s World does not do any geotracking at this time through the Sundae’s World system; however, certain third party providers, such as Google Analytics and/or Createjoy.com, may request this information if your device allows it.

International Users

Sundae’s World welcomes international users to browse the Website. International Website Users consent to all the terms of service and this privacy agreement. International users waive any and all remedies that they may have based on the laws of their country.

Cookies and Similar Technologies

Sundae’s World may use various technologies to collect and store information when you visit the Site including cookies or similar technologies to identify your browser or device. By using the Site, you consent to the use of such technologies.


Sundae loves mail! Color a picture of Sundae and mail it in! Download a picture of Sundae to color below!