Terms of Service
BY VISITING www.sourcedco.com YOU ARE CONSENTING TO OUR TERMS OF SERVICE (the “Terms of Service”).
OVERVIEW
The terms “we”, “us”, and “our” refer to Sourced Co. (the “Company”). The term the “Site” refers to www.sourcedco.com. The term “user,” “you” and “your” refers to Site visitors, customers and any other users of the Site.
On the Site we provide: stock photography and stock design files (the “Service.”)
Use of the Site, including all materials presented herein and all online services provided on the Site, whether made available for purchase or not, is subject to the following Terms of Service. These Terms of Service apply to all Site visitors, customers, and all other users of the Site. By using the Site or Service, you agree to these Terms of Service, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Children under the age of 18 are prohibited from using the Site.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide on the Site will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws.
REFUSAL OF SERVICE
We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order request after payment has been processed, we will refund your money.
CONFIRMATION
We will email you to confirm the placement of your order on this Site to the email address provided at time of purchase.
CANCELLATIONS, REFUNDS & RETURNS
Membership charges are non-refundable. You may receive a refund of the purchase price of a membership if we deny your account. Shop purchases are non-refundable.
ERRORS, INACCURACIES, AND OMMISIONS
Information provided on the Site is subject to change. Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without the appropriate license. We reserve the right to immediately remove you from the Site and Service, without refund, if you violate this intellectual property policy.
CHANGED TERMS
We reserve the right to update any portion of our Site and Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by posting the new Terms of Service on this Site. If you have provided your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.
OUR PRIVACY POLICY
Please review our Privacy Policy located here.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of Service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer paid to the Company for the specific Products /Services provided by the Company giving rise to the claim or cause of action. AND IF NO PURCHASE HAS BEEN MADE BY YOU, COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim against the Company or waive any defense available to the Company without the Company’s prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
GOVERNING LAW; VENUE; MEDIATION
The Terms of Service shall be governed by the laws of the State of California and any disputes arising from it must be handled exclusively in the federal and state courts located in County of San Diego, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sublicenseable or otherwise transferable by You. Any transfer, assignment, delegation or sublicense by you is invalid.
Effective Date: May 31, 2018
Privacy Policy
Effective Date: May 31, 2018
This Privacy Policy describes the personal information we collect through the website - www.sourcedco.com.
The terms “we”, “us”, and “our” refer to Sourced Co. (the “Company”). The term “Site” refers to www.sourcedco.com. The term “user,” “you” and “your” refers to Site visitors, customers and any other users of the Site. The term “Service” refers to the stock photography and stock design files provided on the Site.
Use of the Site, including all materials presented herein and all online services provided by Company, is subject to this Privacy Policy. This Privacy Policy applies to all Site visitors, customers and all other users of the Site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.
MATERIALS
All content on this website including, but not limited to artwork, audio-visual materials, data, drawings, graphics, icons, images, logos, photographs, text, user interfaces, video material, visual interfaces (subsequently identified as ‘Content’), is the property solely of Sourced Co., unless otherwise credited. No part of this website may be copied, reproduced, republished, posted, distributed or transmitted in any way for commercial purposes. Unless otherwise stated, use of materials or any content without explicit permission by Sourced Co. in written form is strictly prohibited. Any action resulting in infringement of the disclaimer notice may result in legal proceedings.
INFORMATION WE COLLECT
We collect information you provide directly to us. For example, we collect information when you create an online account, sign up to receive our emails, communicate with us on the Site or via third-party social media sites, and place an order on the Site. The type of information we may collect includes your:
name
email address
zip code
billing address
payment card information
products ordered
purchase date
any other information you choose to provide
We will use this information to:
provide the products and services you request, process transactions and send you related information, including confirmations and receipts
respond to your comments, questions and requests and provide customer service
communicate with you about products, services, offers, promotions, and provide news and information we think will be of interest to you
send you technical notices, updates, security alerts and support and administrative messages
When you visit the Site or receive our email communications, we may use cookies, tracking pixels, and other tracking technologies to collect information about your browsing and purchasing behavior. The type of information we may collect includes:
type of browser you use
access times
pages viewed
time spent on pages
links clicked
your IP address
the referring link through which you accessed the Site
conversion information
We may use this information for various purposes, including:
improving our Site
understanding which areas and features of the Site are popular
understanding campaign effectiveness
tailoring our communications to you
delivering advertising and content targeted to your interests on the Site
HOW YOUR INFORMATION IS SHARED
We may share information about you to third parties providing services on our behalf, including:
payment processing and authorization
fraud protection and credit risk reduction
order fulfillment
marketing and promotional material distribution
site evaluation
data collection, storage, management, analysis
any other services designed to assist the Company
The third party service providers Sourced Co. uses are:
Memberspace https://www.memberspace.com/terms-and-policies
Flodesk https://help.flodesk.com/en/articles/3186402-flodesk-terms-of-service
Rewardful https://www.getrewardful.com/privacy
Company may also release information about our users when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our site and applicable laws.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
For EU Residents
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email hello@sourcedco.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need for you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging into your account and reviewing your profile.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging on to your account and editing the data in your profile.
Erasure: You can request that we erase some or all of your Personal Data from our systems, simply email us at hello@sourcedco.com and request your account be closed and the data be deleted.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Data Protection Officer:
Tayler Cusick Hollman - Co-Founder Sourced Collective, LLC.
CHILDREN
We do not knowingly collect any personal information from children under the age of 13. If you are under the age of 18, you should use this Site only with the involvement of a parent or guardian and should not submit any personal information to Company.
UPDATING YOUR INFORMATION
You may update, correct or delete your online account information at any time by logging into your account and navigating to the "My Account" page or by writing to us at the contact information listed below.
You can opt out of receiving promotional communications from us at any time by using the unsubscribe link in the footer of all promotional or marketing e-mails.
Write to us at the contact information listed below.
DO NOT TRACK SIGNALS
Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies, but note that doing so does not necessarily affect third party flash cookies used in connection with the Site. If you choose to remove or reject cookies, this could affect the availability and functionality of the Site.
In addition, many web browsers support Do Not Track technology. Company currently does not have the ability to recognize Do Not Track Signals.
Our third party advertising providers may continue to use information about your web viewing activities to tailor advertising to your interests across different websites even when you have Do Not Track enabled in your browser.
To learn more about Do Not Track, visit: http://www.allaboutdnt.org/
CHANGES TO THE POLICY
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy, and in some cases, we may provide you with additional notice (such as sending you an email notification). We encourage you to review the Privacy Policy whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy.
CONTACT US
If you have any questions about this Privacy Policy, please contact us at:
Sourced Co.
P.O. Box 232069
Encintas, CA 92023-2069
hello@sourcedco.com
Cookie Policy
We use cookies on our site for a number of purposes. They help us to provide you with a good experience when you browse our website, and also allow us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of the e-billing services.
Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users find what they are looking for easily.
Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can find more information about the individual cookies we use and the purposes for which we use them below.
First-party (IT Governance Ltd) cookies
This website will set some cookies that are essential for the website to operate correctly. These cookies, none of which capture personally identifiable information, are as follows:
Visitor ID – this cookie is a numeric value that identifies unique visitors and provides coherence and consistency to a site visit;
Page Number – this cookie identifies the page you are on;
Session ID – this cookie identifies your website session;
Test – this cookie checks whether or not your browser supports cookies;
Order – this cookie ensures that your shopping basket works correctly.
THIRD-PARTY COOKIES
Our website will set several types of third-party cookies, and we do not control the operation of any of them. The third-party cookies which may be set include:
Google Analytics – we use Google Analytics to collect data about website usage. This data does not include personally identifiable information. You can view the Google Privacy Policy here: http://www.google.com/policies/privacy/.
Facebook Pixels – we use Facebook Pixels to retarget website users for Facebook ads. This means that if you browse our website, you’re more likely to see our Facebook ads. You can view the Privacy Policy here: https://www.facebook.com/policy.php
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.