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Terms and Conditions


Story + Rain LLC, a Delaware entity (“Story + Rain”, “we”, “our”, “us”), operates the website located at the URL www.storyandrain.com and any other websites or applications branded as Story + Rain, the “Website”). Story + Rain respects your privacy rights and is committed to protecting the information we collect from you online. 

Effective date: December 1, 2016

Privacy Policy


Scope of Policy

This Privacy Policy explains how we collect, use, disclose and manage your personal, company, financial and other information that you provide to us on the Website or otherwise, as well as how we care for your privacy and protect such information. This Privacy Policy applies, without limitation, to any individual or entity that (i) uses the Website, (ii) creates an Account (as defined in our Terms of Service), or (iii) otherwise provides any personal, company, financial or other information to us.

WHEN YOU ACCESS OR USE THE WEBSITE, OR OTHERWISE PROVIDE ANY INFORMATION TO US, YOU AGREE TO THIS PRIVACY POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR INFORMATION, WHETHER OR NOT YOU HAVE AN ACCOUNT WITH STORY + RAIN. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THIS PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING THE WEBSITE OR OTHERWISE PROVIDING ANY INFORMATION TO US.

The Website may contain links to other websites. This Privacy Policy does not apply to information collected on or through any such third party websites. We are not responsible for the privacy practices of such third parties or the content of their websites. Such third parties may have their own privacy policies and you should review those privacy policies to determine their privacy practices.

Information Collected

We may collect the following information:

Your name, addresses, telephone numbers, e-mail addresses, date of birth, username, password and other personally identifiable information;

Certain financial or demographic profile information to be used in the aggregate, such as your age, gender, hobbies, interests, zip/postal code or country. Demographic information is not considered personal information unless it is linked to personal information about a specific user;

IP address and other technical information collected from the servers utilized by you or your vendors, such as information and data that is automatically collected upon visiting the Website (i.e., webpage http headers (home server domain names, internet protocol address, operating system type, browser type and language) and user-specific or aggregate information on what pages you access on the Website). Technical information is not considered personal information unless it is linked to personal information about a specific user;

Credit/debit card and other billing information, including cardholder transaction data, card numbers, expiration dates, billing addresses and CVV codes;

Information regarding uses of the services; and other information provided to us in any way, shape or form.


How Information is collected

We may collect information in one or more of the following ways:

Through the completion of electronic forms found on the Website or on a third party-hosted website, whether via computer or mobile device;

Through the completion of paper forms provided to us;

Through e-mail and other communications;

Through telephone calls made to us, or vice versa;

Through surveys;

Through referring websites or third parties, including social media sites such as Facebook, Twitter, Tumblr, Instagram, Pinterest, YouTube, Google+ and others;

Through the maintenance and analysis of Website server logs; and

Via “cookies” (small text files placed by us on your computer(s)), single pixel GIF image files (also called “Web beacons”), Website server log analysis and other similar technological means.

Certain portions of the Website may require that you register for an Account before being able to access them. On those portions of the Website that require registration, we may collect information to create your account, as well as to determine specific content, products and services that may be of particular interest to you. By collecting and maintaining accurate information, we learn more about your interests and needs and are better able to provide you with such content and with offers for such products and services.

Use of Information / Data Collected

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: 

To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested. 

To allow us to better service you in responding to your customer service requests. 

To quickly process your transactions.

To administer a contest, promotion, survey or other site feature. 

To analyze user behavior as a measure of interest in, and use of, our website and emails both on an individual basis and in the aggregate.

If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. 

We also collect information about gift recipients so that we can fulfill the gift order. The information we collect about gift recipients is not used for marketing purposes. 

Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us. 

Disclosure of Personal Information

We reserve the right to share, rent, sell or otherwise disclose the information we collect from you to third parties. We may also share your information with certain third parties in other circumstances, including when complying with legal process, preventing fraud or imminent harm and/or ensuring the security of our network and services.

 We may also use the information you provide to market products and services to you. 

We may obtain your information through third parties by virtue of advertisements placed by us on websites maintained by those third parties. We will collect and/or share certain of your information with third parties for the purposes of fulfilling orders for products or services placed by you and for providing you with newsletters or other communications. We may also use information provided by you to manage your Account.

We may store or transfer your credit/debit card data in order to more easily provide services to you. If such credit/debit card and other billing information is collected and/or stored, such credit/debit card and other billing information will be collected and transferred over a secure connection in accordance with applicable regulatory requirements, and is used only for processing underlying transactions. We will share this information only with those directly involved in the processing of the underlying transaction, and who maintain appropriate security measures designed to safeguard such information.


When we use third parties to assist us in collecting and/or processing your personal information, we typically request that they comply with this Privacy Policy and any other appropriate confidentiality and security measures. However, we make no representation or warranty that such third parties will comply with any such request.


We may provide you with direct access to functionality from other third parties, including Facebook, Twitter, Instagram, YouTube, Pinterest, Spotify, advertising networks and others. The placement of social media widgets, or advertising units on the Website may permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them.

We may add your information to our databases to contact you through future e-mails, postal mailings and SMS text-messaging regarding site updates, upcoming events, new products and services and/or the status of orders placed online. We reserve the right to use geolocation for purposes of tracking your location when you use the Website to better target product and service offerings and other information to you.


We reserve the right to release information to law enforcement or other governmental officials as we, in our sole discretion, deem necessary to comply with applicable law.



Aggregate Statistics 

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our website and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who visit our website who are 25 years of age is aggregate information that does not personally identify a specific user.

Your Access Rights 

You may review the Personal Information that is stored in your user account on this website by logging in at "My Account”. You may provide us new or updated information at any time.


Third Party Ad Servers


We may use third-party advertising companies to serve ads when you visit our website. We typically use:

Facebook Audience Network

Twitter Ads

Criteo

AdRoll

Pinterest Ads

Outbrain

Google Adwords

Yahoo Advertising

Bing Ads

Instagram Ads 


These companies may use information (generally not including your name, address email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear gifs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear gifs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your Personal Information. 


If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative's consumer website at http:// www.networkadvertising.org/consumer/ or email us at [email protected]



Use of Web Technologies


Cookies

A cookie is a small text file that is stored on a user’s computer for record keeping purposes. We use cookies on the Website. We may link the information we store in cookies to personally identifiable information that you submit while on the Website. We use both session ID cookies and persistent cookies. A session ID cookie expires when a browser is closed. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the Website. You can remove the persistent cookies by following the directions provided in your internet browser’s “help” file. We may also contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. . Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. If you reject cookies, you may still use the Website but your ability to use some areas of the Website may be limited.


Clear GIFs 


We may use "clear GIFs" (aka "web beacons" or "pixel tags") or similar technologies, in the website and/or in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a Web page or message. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personal Information. IP Address and Clickstream Data Our server automatically collects data about your server's Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that's automatically assigned to your computer by your Internet service provider whenever you're on the Internet. When you request pages from our website, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on this Web Site; the Web site you visit after this Web Site; the ads you see and/or click on; your product interests and purchases; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this website or a referral site; and other web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our website. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information. Any or all of these activities with regard to Website Usage Information may be performed on our behalf by our services providers.



Log Files

As is true of most websites, we gather information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track the movements of users around the Website and to gather demographic information about our user base as a whole.

Do Not Track

When you use the Website, we may receive “do not track” requests from you, whether via signals from web browsers or other mechanisms. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.


Security

We take reasonable precautions to protect the confidentiality and security of your personally identifiable information by using industry recognized security safeguards such as site monitoring, secured networks and servers, firewalls and encryption. When we ask for sensitive information, we protect it through the use of encryption during transmission, such as SSL (Secure Socket Layer). Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your personally identifiable information within industry standards, we cannot guarantee its absolute security.


We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personally identifiable information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. Our employees are trained and required to safeguard your information. Our internal controls limit access to personally identifiable information based on job functionality.  


You may be able to create an account on our website with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the website by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Story + Rain of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Story + Rain when you desire to cancel your account on this website. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision, and you agree to indemnify and hold harmless for any improper, unauthorized or illegal use of your account. 

We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. 

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. 




Phishing

 With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as "phishing." If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your website password or credit card information) via e-mail or to a website that does not seem to be affiliated with our website, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us by calling 800-752-0365. 

No Information Collected from Children

The content and services provided by us or our affiliates, sponsors and advertisers are not intended for children under the age of 13. No information is knowingly collected or retained from children under the age of 13, nor is any such information knowingly used for any marketing or promotional purposes whatsoever, either inside or outside the Website. No part of the Website is designed to attract anyone under the age of 13. Children are not eligible to use any services provided by us and we ask that children under the age of 13 not submit any personal information to us or visit the Website.

Communications

Based upon the personally identifiable information that you provide to us, we may send you a welcome e-mail. We will also communicate with you in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request and to manage your Account. In addition, when you register an Account with us, you may choose to consent to our contacting you by e-mail and to receiving our e-mail subscriptions, editorial e-mails and advertorial e-mails (see below) from us. If, at any time, you no longer want us to contact you by e-mail and/or receive our e-mail subscriptions, editorial e-mails and advertorial e-mails, you may opt out of these functions by changing the preferences in your Account. You can contact customer service by e-mail, telephone or postal mail at the contact information listed below to assist you with any such changes to your Account.

Opting Out / Unsubscribing

 If you want to be removed from our marketing list and do not want us to send you e-mail, postal mail or other messages about our products and services, you can opt out. To do so, please send an e-mail to [email protected] with the word “REMOVE” in the subject line.

 

To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please e-mail us at [email protected]



Consent to Processing 


This website is hosted and operated in the United States, pursuant to United States law. By providing Personal Information to this website, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.


Privacy Policy Updates

We reserve the right to change this Privacy Policy at any time, so please review it on a regular basis. Any changes made to this Privacy Policy will be posted here. The date stamp at the top of the page represents the last day this Privacy Policy was updated. If you have questions about this Privacy Policy, you can reach us at [email protected] By maintaining an Account with us, or by using or accessing any services provided by us or the Website, you will be deemed to have agreed to and accepted this Privacy Policy.

Manage Accurate Information

If your personally identifiable information changes, or if you no longer choose to use our services or the Website, you can contact customer service by e-mail or telephone or postal mail at the contact information listed below to assist you with changes to your Account. To the extent your Account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.


International Users

Story + Rain is based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Website, an Account, or any services provided by us may be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States may not be equivalent to similar laws in your country of residence. By using the Website or an Account, or by providing us with your information, you consent to the collection, transfer, storage and processing of information to and within the United States. If our cookies or other software detects IP addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.



Business Transitions

In the event that we go through a business transition, such as a merger, acquisition or sale of our assets, your personal information will likely be among the assets transferred. You will be notified of any such change in ownership or control of your personal information. We may transfer your information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

We may also use and disclose your information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. Other than to the extent use and disclosure is pursuant to a court order, we will require such parties and successors in interest to treat your information in accordance with this Privacy Policy and to use and disclose it only for the purposes for which it was collected.

Contact Us

If you have any questions or suggestions regarding this Privacy Policy, please contact us as follows:

By mail: Story + Rain Inc. 129 Lafayette Street Suite 7A NY, NY 10013 - Attn: Customer Service


By e-mail: [email protected]


By Phone: 1-800-752-0365 


TERMS OF USE

Effective as of November 1, 2016

Welcome to Story + Rain

Story + Rain, a Delaware LLC (“Story + Rain”, “we”, “our”, “us”), operates the website located at the URL www.storyandrain.com (together with any other website or applications branded as Story and Rain, the “Website”). 

These Terms of Use constitute an agreement between Story and Rain and you, the visitor, governing your access and use of the Website. Please read these Terms of Use carefully before you start using the Website. These Terms of Use are also incorporate by reference into our Privacy Policy and Customer Terms of Use.

Acceptance of these Terms of Use

WHEN YOU ACCESS OR USE THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING THE WEBSITE AND DISCONTINUE USING THE SERVICES PROVIDED BY STORY AND RAIN.

Your access to and use of the Website is subject to your continued compliance with these Terms of Use and all applicable laws. Your right to access and use the Website will terminate immediately, without any further action by Story and Rain, if you breach these Terms of Use.

We reserve the right to modify or update these Terms of Use at any time for any reason, with or without prior notice to you, and any such changes to these Terms of Use will supersede and replace any previous Terms of Use effective immediately upon posting to this page. It is your responsibility to periodically review these Terms of Use as posted here for any changes. Your continued use of the Website after the posting of changes to these Terms of Use will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Terms of Use.

TERMS OF USE

License to Use the Website

Children’s Online Privacy Protection Act Notification

Registration / Accounts

Intellectual Property Rights

Restrictions

User Generated Material

Modification or Suspension of the Website and Right to Terminate your use of the Website

Linked Destinations and Advertising

Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

Warranty Disclaimer

Medical, Nutrition & Fitness Information

Indemnity and Release

Limitations on Liability

Law and Jurisdiction

Binding Arbitration and Class Action Waiver

Waiver and Severability

Assignment

Entire Agreement

License to Use the Website

We are pleased to grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the Website in the manner in which the Content (as defined below) you access is intended and in compliance with these Terms of Use and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Website. You may not use the Website or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium.

By using the Website, you represent that you are not a person barred from using the Website under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Website unless expressly reserved in these Terms of Use.

Children’s Online Privacy Protection Act Notification

You may only use the Website if you are 13 years of age or older. To register for an account, purchase products via the Website, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Website. To view information on our policy regarding the privacy of children under the age of 13, please see our privacy policy.

Pursuant to 47 U.S.C. Section 230(d) as amended, Story and Rain hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Registration / Accounts You may create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”) are able access their accounts through the “Your Account” part of the Website and manage their email address and shipping addresses and view their existing or past orders. You do not need to create an account to receive Content or other marketing information via a Subscription or to submit an order to purchase products that may be listed on the Website. Please refer to our Customer Terms and Conditions for more details about ordering products through the Website and our Privacy Policy for more details about submitting your personal information to us.

ACCOUNTS

In creating an Account, you may not misrepresent your identity or your affiliation with any person or organization and you may never use another person’s Account for any purpose whatsoever. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. Please notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to  [email protected]  with “Unauthorized Use” in the subject line.

Buying Products on Story and Rain

There are two ways to buy & pay for products on storyandrain.com:

1a. Purchases- Story and Rain Partner Website (Affiliate)

Sometimes when you select a particular product that you wish to buy, you will be taken directly to the third party Story+ Rain merchant (the "Story + Rain Partner") website and asked to provide further personal details, which are likely to include your billing and delivery address, and payment card details. The personal details you enter on these Story and Rain Partner websites will be collected, stored and processed in accordance with the terms and conditions and privacy policy of these websites. You must read and accept the terms and conditions and privacy and cookie policies of the Story and Rain Partner website before purchasing your items from them. Story and Rain is not responsible for the terms and conditions, privacy policies of and/or practices on other sites. The Story and Rain Partners are solely responsible for any and all issues related to products and services offered on their websites, including but not limited to, issues arising from the processing of your transactions on the Story and Rain Partner websites. We are only responsible for personal information collected on storyandrain.com. Please see our Privacy Policy and Cookie Policy for further information.

Please note that when purchasing from a partner website, Story and Rain is not responsible for the fulfilment of your order and you should contact the Story and Rain Partner directly regarding any issues you have with the delivery, refund, exchange or return of the items you purchased.

1b. Payments- Story and Rain Partner Websites

If you are making a payment on one of our Story and Rain Partner websites, payment can be made by any card accepted by the Story and Rain Partner. You will be asked to enter your shipping details, billing details and payment details in order to purchase the product from the Story and Rain Partner.

 2a. Purchases- Story and Rain Check Out 

Some products may also be purchased directly from Story and Rain. In these cases, Story and rain uses a third party payment provider called Braintree. When purchasing directly from Story + Rain, you will need to accept Braintree’s terms and conditions. Please make sure that you carefully review Braintree’s full terms and conditions before completing a transaction. Braintree’s full terms and conditions are available here https://www.braintreepayments.com/legal/payment-services-agreement


Braintree will use your payment method to process the transaction. For any transactions processed by Braintree, Story + Rain will provide Braintree with the details of your payment method as well as your billing information. All billing and customer information transmitted by Story and Rain will be fully encrypted and only used to process card transactions which you have initiated. For further details of how your information is kept secure, please see the Payment Security section.  

2b. Payments - Story and Rain Check Out

If you are paying for items directly on storyandrain.com, Braintree accepts a variety of payment methods, Credit Cards, PayPal, Venmo, Apple Pay, Android Pay. A full list can be viewed in Braintree’s terms and conditions https://www.braintreepayments.com/legal/payment-services-agreement

Braintree will carry out a variety of fraud and credit checks before taking a pre authorization on your card. Braintree Payments will then process the details of the payment plus all relevant customer personal information (to include billing and shipping information but not your payment details). For details of how this information is kept secure, please see the Privacy Policy. Story and Rain will process the payment and will be responsible for coordinating the fulfillment of the order and shipment to you. At this stage, you will be entering into a contract for the supply of products with Story and Rain . You will be charged only when Story and Rain has confirmed your order. If for any reason your order cannot be fulfilled, the pre authorization on your payment method will be released and no funds will be taken.

Your receipt will show the name “Story and Rain”. If you buy from Story and Rain and a Story and Rain Partner(s) in one session, your card statement will show separate entries for each entity. 

There are certain payment methods that you cannot use on storyandrain.com

Debit Card?

Checks or postal orders

Cash in any currency

Purchase orders

International wire transfers

Direct debits or standing orders

Bank transfers

Storage of your information

If you create an account on StoryandRain.com, your shipping and billing details will be stored in accordance with our Cookie Policy and available the next time you go to purchase an item on StoryandRain.com. You may also be offered the option for Story and Rain to store your payment details. You may change or delete any existing payment method details attached to your account by going to the "Payment Settings" section of your account. Any storage of payment details will be governed by Braintree’s terms and conditions which can be viewed here https://www.braintreepayments.com/legal/payment-services-agreement

 If you do not create an account, you may be required to enter your shipping and billing details each time you purchase an item on storyandrain.com.

However you pay for an item, you will need to follow instructions on the relevant checkout page. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment method refuses to authorize payment, Story and Rain will not be liable for any delay or non-delivery.

We take reasonable care to make our site secure. All billing and customer information transmitted by Story and Rain will be fully encrypted and only used to process card transactions which you have initiated. Please note, however, that we are not responsible, and have no liability, for transactions which are made via the storyandrain.com checkout or on our Story and Rain Partner websites.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering through storyandrain.com.

TERMINATION BY REGISTERED USER

You may terminate your Account at any time by sending an e-mail to [email protected] with “Cancel Account” in the subject line or you may unsubscribe to a Subscription by clicking the “Unsubscribe” link at the bottom of the email or sending an email to [email protected]?subject=unsubscribe with “Unsubscribe” in the subject line. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Website, termination of your Account and/or cancellation of your Subscription.

Intellectual Property Rights

The Website and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Story + Rain, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title or interest in or to the Website or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Website that is not expressly permitted by these Terms of Use may be a breach of these Terms of Use and may violate copyright, trademark and other laws. Content

In addition to the intellectual property rights mentioned above, for purposes of these Terms of Use, “Content” is defined as all information such as the “look and feel” of the Website, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Website. Story + Rain tries to ensure that the Content is accurate and complete. Your use of the Website is at your risk. Story + Rain does not warrant that the functional aspects of the Website or the Content will be error free or that the Website, the Content or the server that makes it available are free of viruses or other harmful components. Story + Rain and its suppliers make no warranties about the Content or about results to be obtained from using the Website. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Website. Story + Rain reserves the right to withdraw, temporarily or permanently, any Content from the Website at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Website, you acknowledge, agree and confirm that Story + Rain is not liable to you or any third party for any such withdrawal.

The Content is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on the Website. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or sending an email to [email protected] with ‘Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or Story + Rain Content. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Story + Rain and we accept no responsibility for any such third party opinions and views.

Restrictions

You may not under any circumstances:

Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;

Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Website or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;

Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;

Mirror, frame, screen scrape or deep link to any aspect of the Website or access any Content through technology or means other than those provided or authorized by us;

Access the Website via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;

Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Website, or tamper with, impair, damage, attack, exploit or penetrate the Story + Rain system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Story + Rain or any connected networks, or take any action to impact the proper operation of the Website and any person’s or entity’s use or enjoyment thereof;

Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website, circumventing any geo-blocking mechanisms or otherwise;

Use the Website to collect any personally identifiable information, including Account names and e-mail addresses, or use the Website for any commercial solicitation purposes, without our prior express written permission; or

Attempt to reverse engineer any aspect of the Website or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Website, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Website.

User Generated Material

If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, and submit or otherwise post reviews, ratings, comments, feedback or other materials on the Website (“User Generated Material”) that may be accessible and viewable by the public. Our goal is to make the Website enjoyable for all of our visitors so we ask that you comply with the following rules.

User Generated Material must not:

Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, disruptive or harmful;

Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;

Create or threaten harm to any person or loss or damage to any property;

Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Story + Rain or any other person;

Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

Misrepresent your identity or affiliation with any person or organization, including Story + Rain;

Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;

Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Story + Rain or the networks or services connected to the Website or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or

Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services.



We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, perpetual, royalty-free license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, sublicense, translate, create derivative works of, publicly perform and otherwise exploit your User Generated Material, in whole or in part, for any purpose, including for promotional purposes, in all media formats now known or hereafter created, without further notice to you, and with or without attribution to you. We will own all right, title and interest in any compilation, collective work or other derivative work created by us using or incorporating your User Generated Material (but not your original User Generated Material). You waive any moral rights you may have in and to your User Generated Material. With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Use or any of our other posted policies. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Website.

If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Website, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms of Use. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third party posts or sends on or through the Website, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Website and your interactions with other users.

Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Website that is inaccurate, objectionable, and inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms of Use. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Website, whether or not it violates our Terms of Use.

If and to the extent that we elect to accept user generated material, please choose carefully the information you post on the Website and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Website, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Website and from any claims related to the conduct of any other users.

CONSENT TO ELECTRONIC COMMUNICATION

You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Website as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

Modification or Suspension of the Website and Right to terminate your use of the Website

We reserve the right to change, suspend or discontinue any aspect of the Website at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Website entirely. Any description of features on the Website shall not be considered to be a representation by Story + Rain that such features will always be included on the Website. From time to time, we may restrict access to some or all of the Website, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Website, without notice or liability, for any reason or no reason. Accordingly, for any reason, and without notice, all or any part of the Website may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the Website or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.

Linked Destinations and Advertising

The Website may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“Linked Sites”). You may also navigate to the Website from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by Story + Rain only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms of Use and/or our Privacy Policy to govern your use of another website or destination.

We do not endorse, and Story + Rain expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that Story + Rain is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

If you believe that any content appearing on the Website, including content created and/or displayed by Story + Rain or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be e-mailed to our copyright agent at [email protected] with “DMCA Takedown Request” in the subject line. You may also contact us by mail at: Story + Rain Inc. 129 Lafayette Street Suite 7A NY, NY 10013 - Attn: Legal


To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Website that is reasonably sufficient to enable us to identify and locate the material;

how we can contact you, such as your address, telephone number and e-mail address;

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 by law; and

a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.


Warranty Disclaimer

The information, products and services included in or available through the Website are continually upgraded and updated. While Story + Rain will use commercially reasonable efforts to verify the accuracy of any information it places on the Website, Story + Rain does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. ACCORDINGLY, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND AND YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. STORY + RAIN EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.

STORY + RAIN DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILTY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED SITE AND STORY + RAIN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS. You acknowledge and agree that any reliance on the information and other materials included on the Website shall be at your sole risk and responsibility. Story + Rain reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Website and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.

Medical, Nutrition and Fitness Information

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL MEDICAL, NUTRITION AND FITNESS INFORMATION PROVIDED ON THE WEBSITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY STORY + RAIN OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE WEBSITE AND YOU SHOULD NOT USE THE WEBSITE OR ANY CONTENT AVAILABLE THROUGH OR VIA THE WEBSITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND STORY + RAIN, ITS AFFILIATES OR ANY THIRD PARTY.

THE WEBSITE MAY PERIODICALLY PROVIDE INFORMATION CONCERNING FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. STORY + RAIN STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.

Indemnity and Release

You agree to indemnify and hold harmless Story + Rain and its affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Story + Rain by any third party due to or arising out of or in connection with any breach by you of these Terms of Use, your violation of any third party right and your use of and access to the Website or any element or component thereof.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.

California residents, you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”




Limitations on Liability

THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF STORY + RAIN. STORY + RAIN IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRATNIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES.

EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE WEBSITE IN VIOLATION OF THESE TERMS OF USE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR STORY + RAIN AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE WEBSITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STORY + RAIN AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE WEBSITE IN VIOLATION OF THESE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE WEBSITE OR $50 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL STORY + RAIN AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS STORY + RAIN AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. STORY + RAIN MAKES NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE WEBSITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

Law and Jurisdiction

These Terms of Use and any dispute that may arise between you and Story + Rain shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Binding Arbitration and Class Action Waiver

In the event of any dispute between you and us regarding these Terms of Use, the Privacy Policy, the Website and/or any products or services purchased from the Website, you and Story + Rain agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to [email protected] We will send any notice of dispute to you at the contact information we have for you. You and Story + Rain will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at [email protected] with “Arbitration Request” in the subject line. You may also contact us by mail at: Story + Rain Inc. 129 Lafayette Street Suite 7A NY, NY 10013 - Attn: Legal


The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

You agree to arbitrate with Story + Rain only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York County, New York.

Waiver and Severability

No waiver by Story + Rain of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Story + Rain to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Assignment

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Use without restriction.

Entire Agreement

These Terms of Use, our Privacy Policy and the other agreements referred to herein constitute the sole and entire agreement between you and Story + Rain with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

If you have questions regarding these Terms of Use, please consult an attorney.

It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms of Use, please feel free to contact us by e-mail at [email protected]



TERMS & CONDITIONS

Effective as of November 1, 2016


Please read the following Terms and Conditions carefully.  They contain important information about your rights and obligations.  We recommend that you keep a copy of these Terms and Conditions and (if this document is not in hard copy form) that you print out these Terms and Conditions from the Website by clicking on the print icon on your browser so that you can keep them for your future reference.


About us and these Terms and Conditions

Who we are: “We” or “us” are Story and Rain LLC, a company registered in Delaware, USA with registered number 5369443 whose registered office is at 129 Lafayette Street Suite 7A NY, NY 10013.
If you have any comments or suggestions, we would be pleased to receive them at our main address or by emailing us at [email protected]

Scope of these Terms and Conditions

These Terms and Conditions govern your registration for an account (an “Account”), and the supply by us of any product ordered by you, on the www.storyandrain.com web site (the “Website”).  Any particular individual product that you order at any one time from us is referred to in these Terms and Conditions as a “Product”.  Further details of a Product can be obtained by reviewing the Website.  By registering for an Account, you agree to be legally bound by these Terms and Conditions.


Changes to these Terms and Conditions

No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.


Definitions and Interpretation

“Acknowledgement” means our acknowledgement of your Order;

a “Business Day” means any day other than (i) a Saturday, (ii) a Sunday or (iii) a day when the clearing banks are not physically open for business in New York City;

“Confirmation of Order” means our written or electronic communication to you in which we accept your order

the “Contract” means your order of a Product in accordance with these Terms and Conditions .  If you order more than one unit of Product, each Product ordered will constitute a separate Contract;

“Order” means the order submitted by you to the Website to purchase a Product from us online;

“Payment Information” means the payment method information you provide to us for the purchase of any Product via the Website;

“you” means the customer who orders a Product from us, whose details are more particularly set out when going through the Order process on the Website;

headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;

words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;

references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification); and

references to “includes” or “including” or like words or expressions shall mean without limitation.


Effect
Accepting these Terms and Conditions: These Terms and Conditions shall apply to your registration for an Account, and to all Orders and to all Contracts made or to be made by us for the sale and supply of Products.  When you register for an Account on the Website, this shall always constitute your unqualified acceptance of these Terms and Conditions.  Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).


Registration for the Website

Age Limit: To register for an Account, you must be over the age of 18.

Need for an Account: If you would like to perform certain functions on the Website, you will need to register for an Account on the Website, which you will be able to access on the Website through the “My Account” part of the Website. To register you need to supply us with your name, postcode and email address and possibly some other personal information. See our Privacy Policy for more details about this.


Registration details

 Once you register with the Website, you will be asked to create a username for, and allocate a password to, your Account. You must keep the password confidential and immediately notify us if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or your Account or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.


Email addresses:  To create an Account, you must register with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any Accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate Accounts at registration or if we believe you have been using an invalid email address.


Closing Accounts

We reserve the right to prevent you using the Website or your Account, and we reserve the right to decline a new registration.


Ordering Products

Procedure for making an Order: When making an Order, you must follow the instructions on the Website as to how to make your Order and for making changes to your Order before you submit it to the Website.


Price: Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown the charges you must pay including any taxes, if applicable, and any applicable delivery charges.  Unless otherwise stipulated on the Website or agreed in writing by us, all charges are in the currency then in force in the USA (i.e. currently Dollars), this is the total that you will pay for receipt of the ordered Product.


Delivery: Any delivery charge will be based on a number of factors and will be confirmed before you place your Order.


Payment methods: You shall pay for the Product in full at the time of ordering by supplying us with your Payment Information, which we require in order to process your Order.  Alternatively, you may pay by any method that we have said is acceptable to us, but in any event (unless otherwise agreed by us in writing) we shall not be bound to supply before we have received cleared funds in full.  We may need to run credit checks or other anti-fraud checks in certain cases, for example, if the billing address does not match the delivery address – and you agree to cooperate with these checks.


Permission to pay: You must be fully entitled to use the payment method and account you provide to us.  The payment method must have sufficient funds to cover the proposed payment to us.

Correct details: You must ensure that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method, which you use, is your own and that there are sufficient funds or credit facilities to cover the cost of the Product.  We reserve the right to obtain validation of your Payment Information before providing you with a Product.

Being bound by these Terms and Conditions: When you submit an Order to the Website, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order.  You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.


Your Order is an offer to buy: Your Order remains valid as an offer until we dispatch the Product which is the subject of your Order to you or, if earlier, when we receive your notice revoking your Order.


Acceptance of your Order: We shall not be obliged to supply the Product to you until we have accepted your Order.  Unless expressly stating that we accept your Order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute our acceptance of your Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered.  We may, in our discretion, refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).  The Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order.  Acceptance shall take place when we expressly accept your Order by email in a form called a “Confirmation of Order” stating that we are accepting your Order.  Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us.  Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order.  Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.


Mistakes in an Order: If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact us through the “My Account” section of the Website or by email to [email protected] immediately.


Accuracy of prices: We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure.  If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.


Delivery of the Product

Delivery: We aim to deliver the Product to you at the place of delivery requested by you in your Order. We will be shipping your delivery from the USA (and it will be subject to NY taxes and published shipping fees).


Accepting delivery: We cannot leave Products at places of delivery stipulated in your Order if you, or someone you have authorized to accept delivery, is not present to accept delivery. Anyone at the delivery address will be deemed to be authorized to accept delivery.


Timeframe: We aim to deliver within 30 days of the date on which you place your Order or such other timeframe as may be indicated on the Website. However, we cannot promise an exact date at the time of your Order.  We always aim to deliver in accordance with any confirmed delivery date we have given to you for any Order which we accept but we cannot guarantee any firm delivery dates. Standard delivery intervals do not apply to items that are made-to-order.   


Next day delivery details: We may offer you an option for next day delivery of your Order. However, if next day delivery is available through the Website, we only offer next day delivery for Orders placed (and for which we have received full payment) before 10am Eastern Time. Next day delivery may not be available for Orders placed on, or that you want to be delivered on, Saturdays, Sundays or Bank Holidays. Finally, next day delivery will always be subject to availability of stock, subject to a surcharge and will always be dependent on where the delivery location is as to whether we can offer it.


Delivery times: We aim to deliver between the hours of 8.00am and 5.30pm on Business Days. Specific estimates for the time of delivery on any delivery date cannot be given.


Unable to meet estimated delivery date: We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.


Accepting delivery:  Upon delivery of the Product, you may be required to sign. You agree to inspect the Product for the correct quantities and any obvious faults, defects or damage. You need to keep receipt of the delivered Product in case of future discussions with us about it.  You must notify us of faulty, defective or damaged merchandise by emailing us at [email protected] . Please see the following section on faulty, defective or damaged product returns for additional information.


Difficult locations: Please note that it might not be possible for us to deliver to some locations.  If this is the case, we will inform you using your contact details and arrange for cancellation of the Order or an alternative delivery address.


Packaging: If purchasing an item directly from Story + Rain we may fulfill and send in our packaging or pass the order to our partner which is delivered in their packaging. If you purchase from one of our partners, packaging will be handled by the partner.


Risk: All risk in the Product shall pass to you upon delivery, except that where delivery is delayed due to your breach of your obligations under the Contract, risk shall pass at the date when delivery would have occurred but for your breach.  From the time when risk passes to you, we will not be liable for loss or destruction of the Product.


Care when opening: You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.

Readiness to receive Products: You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.

If you are not around: If you are not available to take delivery, we may leave a card giving instructions on redelivery from the carrier.  We may also pass on any costs incurred by us consequent on no-one being available to take delivery.


Refusal to accept delivery: If delivery or collection is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your Order on the delivery date that we agree with you, if you refuse to sign for the delivery of the Product on delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

charge you for our reasonable storage fee and other costs reasonably incurred by us, including, but not limited to, redelivery costs;

 and

no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product).

Do the Products meet your needs?  It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements.  We do not warrant that the Products will meet your individual requirements.  


Returning the Product Without Fault

NOT AFFECTING YOUR STATUTORY RIGHTS: THESE REMEDIES ARE ADDITIONAL TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS, UNDER WHICH YOU MAY HAVE THE RIGHT TO INSIST THAT GOODS THAT YOU BUY FROM BUSINESSES MUST CORRESPOND WITH THEIR DESCRIPTION, BE FIT FOR THEIR PURPOSE AND BE OF A SATISFACTORY QUALITY.  THIS TERM/CONDITION ONLY APPLIES IN RESPECT OF PRODUCTS WHICH ARE NOT FAULTY.


Right to cancel: You may cancel the Contract at any time until 14 days after the day after you have received the Product.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (below).  Details of your right of cancellation, and an explanation of how to exercise it, are provided below and may also be set out on the Website.  This provision does not affect your other statutory rights as a consumer.


How to cancel: To cancel a Contract, you must login to the My Account section of the Website and follow the steps set out there for cancellation of an Order, in each case quoting our order reference number and delivery details.  You must also arrange prompt delivery of the Products back to us as soon as reasonably practicable, and at your own cost.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.


Packaging returned Products: If you return any Product because you have cancelled the Contract, you must ensure that it is adequately packaged, insured and carriage paid.  Returning the Product is at your risk.  We shall not accept any responsibility for damage caused by inadequate packaging by you or if the Product is damaged or lost whilst being returned.


Faulty Products

Quality of Products: We warrant that:

the Product will be delivered undamaged in the quantities ordered; and

the Product will conform with the description as set out on the Website at the time of your Order.


Minor Adjustments: Before delivery, we may make minor adjustments to material, color, weight, measurements, design and other features to the extent that they are reasonable.


Notification and Inspection: We try very hard to deliver Products in excellent condition.  However if you tell us that any Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.


Assistance to remedy faulty Products: In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:

you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective;

you providing to us photographic evidence, on reasonable request; and

you providing us with the delivery note number and such other information as we reasonably require.


When we won’t replace or refund:  If you would like us to replace or provide a refund for the Product where it did conform to the Contract, or we find that the Product has: 

been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or

been involved in any accident or damage caused by an incorrect attempt at modification or repair; or

been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or

deteriorated through normal wear and tear;

after delivery by us, we may at our discretion decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

What we don’t limit or exclude liability for: Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for breach of Sections 12 to 15 of the Sale of Goods Act 1979 or for any other liabilities that we cannot exclude at law.


Refunds

Returns: 


If you return a Product to us because you have cancelled the Contract between us before the culmination of the 14 day return period, we will process the refund due to you as soon as possible after they have been safely returned and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the Product safely to us; or for any other reason (for instance, because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full including any applicable delivery charges.  We will also be responsible for the cost of having the Product returned safely to us.


Refunds: We will usually refund any money received from you using the same method originally used by you to pay for your purchase.


Information and E-commerce


Mailing lists: When you register for an Account, you may opt to add your details to our mailing lists for news, updates and promotions. Our use of your personal data shall be in compliance with our Privacy Policy.


Unsubscribing: Any information or issue that we send to you will contain information for you to unsubscribe from our mailing list. Alternatively, to unsubscribe contact us by email to [email protected]






Circumstances beyond our control 

We shall not be liable to you for any breach, hindrance or delay in the performance of the Contract attributable to any cause beyond our reasonable control, including any Act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including general: electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure“), regardless of whether the circumstances in question could have been foreseen.


Terminating: Either you or we may terminate the Contract immediately by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).


Choosing who to supply:  If we have contracted to provide identical or similar Products to more than one buyer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.


Default, Winding Up


Breach or debt


If you are in breach of any or your obligations under the Contract; or are unable to pay your debts or have a petition for administration or winding up presented against you or commence winding up proceedings or have a receiver or manager appointed over any of your property or assets or are the subject of a bankruptcy petition or enter into any composition with creditors generally or take or suffer any steps preparatory thereto or if any distress or execution is levied or threatened to be levied on any of your property or assets;

we may terminate the Contract immediately on giving notice in writing and retain any advance payment and you shall indemnify us against all claims, losses, damages, liabilities, costs and expenses of whatsoever nature resulting from any such termination and all sums due to us from you shall become immediately payable.

Effect of termination: Termination of the Contract shall be without prejudice to any accrued rights or remedies of either you or us.  Termination of the Contract will not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

Notices

Form of notice: Any notice under the Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by facsimile or email addressed to the relevant party at the address or facsimile number of the relevant party last known to the other.

When notices are effective: Any notice given by post shall be deemed to have been served two Business Days after the same has been posted and any notice given by facsimile shall be deemed to have been served upon receipt of an answerback signal from the receiving machine and any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server, and in proving such service it shall be sufficient to prove that the letter or facsimile was properly addressed or numbered and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or an answerback signal received.

General

Keeping records: We shall keep a record of your order and these Terms and Conditions until six years after we have accepted your Order.  However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order and the Acknowledgement of Order.

Entire Agreement: These Terms and Conditions (and our Privacy Policy), our Website Terms of Use, any other document referred to in these Terms and Conditions and any other terms and conditions specifically agreed between you and us in writing) contains all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing.  No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to these Terms and Conditions except as expressly stated in these Terms and Conditions.  Neither us nor you shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms and Conditions (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these Terms and Conditions) and that party’s only remedies shall be for breach of contract as provided in these Terms and Conditions.

Non-waiver of rights: No failure or delay by either party in exercising any right under the Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish your or our rights under the Contract.

Unenforceability: If any specific term or condition in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other term and/or condition or part of any term and/or condition , all of which shall remain in full force and effect, so long as the Terms and Conditions shall be capable of continuing in effect without the unenforceable term.

Non-assignment: You shall not assign or transfer or purport to assign or transfer the Contract to any other person.

No partnership etc.: Nothing in the Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

No third party rights: A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 in respect of the Contract.

Governing law and jurisdiction: Contracts for the purchase of Products and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by New York law. Any dispute or claim arising out of or in connection with such Contracts or their formation will be subject to the exclusive jurisdiction of the New York courts, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. All dealings, correspondence and contacts between us shall be made or conducted in the English language.


The information shared in our weekly publication is purely editorial.  Every issue is written by Story + Rain editors and features places, items, and concepts that we love and believe in, meaning that we believe they are worthy of your time, energy, and money. No one can pay Story + Rain to be included in our editorial content.


On occasion, we may be offered a preferential editorial rate or a free experience as part of the review process. If accepted, this in no way impacts our decision about coverage: It will only be included in a story if it is worthy and ultimately, Story + Rain approved. We will never suggest or recommend sub-par experiences.

We also use selective affiliate links, which means Story + Rain may earn a commission from the site linked to if you make a purchase via the link. The price you pay is unaffected by whether you click through from Story + Rain (i.e., on an affiliate link), or go directly to the vendor’s website using a non-affiliate link. We only use an affiliate link on items we love, and would include regardless.

Story + Rain Product Collaborations

It is part of Story + Rain’s DNA to collaborate with designers, labels, and brands we love on exclusive or other products we think are perfect for our audience. These e-commerce partnerships are an essential part of Story + Rain. We do receive a portion of sales for all items that are sold on Story + Rain. Nobody can pay to collaborate with Story + Rain—these partnerships are driven purely by our desire to work with a designer, label, or brand.



Sponsorship

On the rare occasion when Story + Rain works with a brand to bring you a unique sponsored issue (where Story + Rain does get paid by the sponsor for being featured in the weekly publication) we will always tell you. Please note that we will only allow Story + Rain brands that we like and trust to sponsor an issue, and the content will always be our own (sponsors don’t write Story + Rain issues, we do). Paid or sponsored links—distinguished from affiliate links because an advertiser has paid, in advance, for the consideration—which are embedded in our editorial content will always be clearly identified as such.

Order and Shipping Confirmation

You will receive an email confirmation once your order has been successfully placed. It will include your order number and shipping method. Please make sure your shipping address is correct as we are unable to redirect goods once they are in transit. Orders can take up to 2 days to be processed and shipped. Once your order is prepared for shipment you will receive a confirmation email with your tracking information. Please note that Made-To- Order and personalized items will not be delivered according to standard delivery intervals, no matter what shipment type is chosen.


Where We Ship

We ship to US delivery addresses within the contiguous 48 states.

We can also ship to Alaska, Hawaii, US Territories, and APO/FPO addresses when they have a US zip code. However, additional shipping charges may apply, and delivery may take longer. 

Shipping Costs

For item shipped by Story+rain, within the U.S., standard shipping is free. Second day shipping is $15 for all orders.

Please note that order processing may take up to 2 business days after the order is placed.

Orders over $500

Delivery of any Product costing in excess of US$500 will require a signature acknowledging receipt to be delivered. Such Products cannot be left at places of delivery stipulated in your order if you, or someone you have authorized to accept delivery, is not present to accept delivery. Anyone at the delivery address who is 18 years of age or older will be deemed to be authorized to accept delivery on your behalf. Once a Product is delivered to you, or if a signature is required, delivery is signed for by you or by someone at the delivery address, responsibility for your purchased Product(s) passes to you.






Taxes

STORY AND RAIN SALES AND USE TAX POLICY STATEMENT

Taxes are calculated according to shipping destination and itemized on the Order Summary page. 

IMPORTANT NOTICE: 

Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website.

STORY AND RAIN COLLECTS SALES TAX 

In states where we have physical presence (or nexus), including New York. Story and Rain also collects sales tax in states that have adopted the Streamlined Sales and Use Tax Agreement (SSUTA), including Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.

STORY AND RAIN DOES NOT COLLECT SALES TAX in any state NOT listed above because Story and Rain is not required to collect sales or use tax in these states.

FOR OUR TAX-EXEMPT CUSTOMERS:

STORY AND RAIN DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.