Terms and Conditions
Thank you for visiting Giverny, Inc. websites including www.MiniMeGeology.com, www.TheRockDetectivesClub.com, www.TracyDianeBooks.com, www.GivernyPress.com, www.TheCrystalEnchantress, or www.TipsyJava.com, referred to herein as “this web site.”
These terms and conditions are subject to change by Giverny, Inc. (hereinafter “COMPANY”) at any time and at our discretion without notice by updating this posting.
These terms and conditions govern your use of this website. By accessing this website, you are acknowledging and accepting these terms and conditions. Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this website.
- INTELLECTUAL PROPERTY
By enrolling in any of the online courses, subscriptions, or purchasing physical or digital products on this website, you are given a limited license to access the material and use it in your own personal learning. But you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Mini Me Geology is United States registered trademark of COMPANY and/or its related companies.
As noted above, reproduction, copying, or redistribution of any materials or design elements on this web site is strictly prohibited without the express written permission of COMPANY.
2. LIMITATIONS ON USE
You must be at least thirteen (13) years old to access this web site. If you are not at least thirteen years old, you are not permitted to access this web site for any reason.
If you are provided a password to access this web site, then that password is for your personal non-commercial use only, unless otherwise specified. You agree to be responsible for the security of your password.
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service, and all related intellectual property rights, other than User Content. COMPANY and its suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via this web site, our physical or digital products, or any services. If you provide COMPANY any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to COMPANY all rights in the Feedback and agree that COMPANY shall have the right to use such Feedback and related information in any manner it deems appropriate. COMPANY will treat any Feedback you provide to COMPANY as non-confidential and non-proprietary. You agree that you will not submit to
COMPANY any information or ideas that you consider to be confidential or proprietary.
All contents of the website, including all text, images, graphics, logos and software is the property of Giverny, Inc., or copyright owners who have granted Giverny, Inc. permission to use copyrighted material, and is protected to the fullest extent under United States and international copyright laws. It is unlawful to reproduce copy or distribute material from the website without prior written permission.
You may not infringe
or use Giverny, Inc. brand, logos and/or trademarks, including, without
limitation, using Mini Me GeologyTM, The Rock Detectives, Tracy
Diane, Phoebe Black, or The Crystal Enchantress, in any business name, email,
or URL or including any of COMPANY’s trademarks and logos except as expressly
permitted by Giverny, Inc. All trademarks, logos and service marks (“Marks”)
displayed on the Site or Service are our property or the property of other
third parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party, which may own the Marks.
4. ORDER RETURN
AND REFUND POLICIES
Please notify us within seven days of your receipt of the item and we will promptly send you a replacement. All order issues must be reported to Giverny, Inc. / Mini Me Geology within seven days of receipt of the order. Items may be returned to us for any reason, and you will only be responsible for the shipping costs, with some exclusions. All individual, or loose (non-kit) samples, and opened kits are subject to a 20% restocking fee. Kits that are not open or damaged will not incur the restocking fee. To return an item, simply mail the item back to us via any insured mail service. Please return a copy of your invoice with the item and provide a reason for the return. Once we receive and process your return, we will promptly refund your product purchase price, less applicable restocking fees. Additionally, we are unable to refund shipping fees. Mini Me Geology will not provide refunds for items that are returned to us damaged. Digital products contained within physical products (e.g., eBooks and resources) are not returnable.
We do not accept any Product exchanges.
C. SPECIAL ORDERS
Special Orders may not be returned. Damaged samples will be replaced. Special orders include but are not limited to large, individual samples such as 2"x3" or 3"x4" sizes, custom-designed rock and mineral kits, and custom digital products.
D. DIGITAL PRODUCTS & MEMBERSHIPS
- Obscene, vulgar, or pornographic;
- Encourages the commission of a crime or violation of a law;
- Violates any province or federal law
in Canada and/or the jurisdiction in which you reside;
Infringes the intellectual rights of a third party;
- Is otherwise offensive or inappropriate based upon the type of content and information provided by COMPANY and/or third parties on this website.
For our digital products, you will receive an email with login details to our membership site or a link to our download page(s). You may cancel your membership at any time. Upon cancellation, you will relinquish all access to the membership and its contents. We do not offer refunds on our digital products or our membership site.
5. THIRD-PARTY REFERENCES AND HYPERLINKS
This web site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
5. INFORMATION YOU SUBMIT
You hereby warrant that any information you submit to COMPANY through this web site is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to COMPANY.
You further agree that you shall not submit or transmit any content through this web site or to COMPANY that is:
COMPANY reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in COMPANY’s sole discretion, without liability or warning to you.
COMPANY reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold COMPANY harmless from any consequences or actions taken by COMPANY in cooperation with such law enforcement investigation or court order.
6. TERMS AND CONDITIONS CERTAIN PRODUCT DISCLAIMERS
WARNING: CHOCKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS.
CONTAINS LEAD. NOT FOR CHILDREN 12 YEARS AND UNDER. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF TWELVE (12).
IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.
7. PRODUCTS AND PRICING
All products (physical, digital, or membership) listed on this website (“Products”), their descriptions, and their prices are each subject to change. COMPANY reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that COMPANY will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verification or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the canceled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the canceled portion of the order.
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). If you order a subscription (including memberships) to a Product that auto-renew periodically (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. Please note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. COMPANY will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. All payments are non-refundable (except as expressly set forth). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts.
10. SHIPPING POLICY
We ship all orders via either USPS Priority Mail or USPS Express Mail. Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by COMPANY are estimates. COMPANY reserves the right to make deliveries in installments. COMPANY will send you an email when your order has shipped, and you may review your order and shipping information on your Account. Currently, we ship to the US only. Please see our Shipping page for current shipping rates.
Products will be shipped within five (5) business days to the address you submit when placing your order. COMPANY reserves the right to charge an additional $20 shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with COMPANY or otherwise. Accordingly, please be sure and review the shipping information you submit very closely to ensure it is accurate.
Please read the official rules that accompany each special offer, coupon, discount, contest, and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
12. TERMS AND TERMINATION
These Terms will become effective and binding when you use this website or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on this website (such as buttons labeled “I Agree”) (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to this website and the Service at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on this Web Site. You understand that any termination of your Account involves the deletion of your User Content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms and Conditions.
13. CONTACTING US
If you need to contact us, you can email us at firstname.lastname@example.org or call us 866-233-0901.
14. DISCLAIMER OF WARRANTIES
information, software, products, and services included in or available through
this website (the “CONTENT”) are provided “AS IS” and “AS AVAILABLE” for your
use. The content is provided without warranties of any kind, either express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. COMPANY and its agents do
not warrant that the content is accurate, reliable, or correct; that this website will be available at any particular time or location; that any defects or
errors will be corrected; or that the content is free of viruses or other
harmful components. Your use of this website is solely at your risk.
15. LIMITATION OF LIABILITY
Under no circumstances shall COMPANY, or its agents, affiliated companies, officers, directors, employees, and contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if COMPANY has been advised of the possibility of such damage. Except as prohibited by law, in no event shall the amount of collective liability of COMPANY and its agents, affiliated companies, officers, directors, employees, and contractors exceed the amount actually paid to COMPANY for products or services.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.
17. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this website and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.