This website is operated and maintained by Burnt Turtle, LLC (“the Company”). The Company provides this website to you, subject to the terms and conditions stated in this Terms of Use. The Company may change these Terms of Use from time to time, without notice, so you should review it periodically. By using the Company’s website and related services, you agree to be bound by these Terms of Use and any changes to it. You may download the content of the website only for your personal and noncommercial use. You agree not to make any other copies or modify the content or material.
Clicking on certain links contained on the website may take you to other websites. These websites are not maintained by the Company, and therefore the Company disclaims any liability for the content of them.
You agree to use this website and its services only for legal and permitted purposes, and you agree that you will not upload, transfer, post, or email any illegal, offensive, pornographic, obscene, defamatory, libelous, slanderous, confidential, private, or distasteful material. You further agree not to stalk or harass other users of the website. You agree that any content you provide to the website or other users is your own content and does not violate any copyrights, trademarks, trade secrets, trade names, patents, or other intellectual property rights. You understand that the Company does not monitor all of the website’s users or all the content that users provide to the website or to other users, but the Company reserves the right to delete, modify, or erase material in its sole discretion. You agree not to upload or transmit intentionally any computer viruses, worms, trojan horses, or other malicious code to the website or to any of the website’s users. You agree not to hack into or intentionally upload any malicious computer code to the Company’s website, or intentionally transmit such things to other users. You are prohibited from violating or attempting to violate any security features of the site or service. The Company reserves the right to terminate anyone's use of the website and/or service at its sole discretion.
You agree to indemnify and hold harmless the Company, its employees, officers, and agents from any and all damages, costs, expenses, liabilities, and fees incurred by any or all of them in connection with any material or content you upload or transmit to, over, or through the website, its chat rooms, message boards, email facilities, or any other use of the website by you, or your violation of any law or the rights of others. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
THE WEBSITE AND ITS RELATED SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND “WHEN AVAILABLE.” THE COMPANY, ITS AGENTS, AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR DATA, OR OTHER SIMILAR LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
This Terms of Use agreement shall be governed exclusively by the laws of the state of Florida (excluding its choice of laws provisions). All disputes arising from use of this website will be subject to arbitration as detailed below in the section titled “Arbitration.” In the event a court is needed for the Company to obtain an injunction against a user, venue shall reside exclusively in Hillsborough County, Florida. All disputes arising from use of this website will be subject to arbitration. Any waiver of any term of this agreement does not constitute a waiver of any other term or a continuing waiver of it. The Company reserves all of its rights stated in this agreement.
I, as a customer of the Company hereby submit to arbitration administered by The American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, in Tampa, Florida, any claim, controversy, or disagreement regarding the use of this website, orders, processing, fulfillment, products or their use, or any other issues arising out of this agreement. We further agree that the above controversy may be submitted to one arbitrator selected from the panels of arbitrators of The AAA. We further agree that we will faithfully observe this agreement and the Rules and that we will abide by and perform any award rendered by the arbitrator(s) and that judgment of the court having jurisdiction may be entered upon the award. We agree that the award may be reviewable by the courts of Tampa, Florida jurisdiction if the arbitrator, in the opinion of any party hereto, has failed to observe the rules and laws of the State of Florida and perform any reward rendered by the arbitrator(s) and that a judgment of the court having jurisdiction may be entered upon the award. We agree that award may be reviewable by the courts of Tampa, Florida if the arbitrator, in the opinion of any party hereto, has failed to observe rules and laws of the State of Florida. Notwithstanding this agreement to arbitrate, if either party needs to obtain any form of equitable relief such as an injunction to protect any of its intellectual property or enforce trade secrets, such party may file in court at Tampa, Florida, to do so.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
The Site is controlled and operated by the Company from its offices in the State of Florida. The Company makes no representation that any of the materials or the services to which you have been given access is available or appropriate for use in other locations. Your use of or access to the site should not be construed as the Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.
In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs of suit or other proceeding.
The Company may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions of Use; (b) revise the Policies; (c) modify the site, products offered and/or the services offered; and (d) discontinue the site, products offered and/or services offered at any time. From time to time and at the sole discretion of the Company, changes may be made to the Policies and Terms & Conditions. It is your responsibility to review these Policies and Terms & Conditions periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the site and cease all use of the service and the site.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected] or mailing us at: Island Culture 3036 Ranchette Square, Gulf Breeze, FL, 32563, United States
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Our store is hosted on DigiPro Media, Inc. Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through DigiPro Media, Inc.’s data storage, databases and the general DigiPro Media, Inc. application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then DigiPro Media, Inc. stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read DigiPro Media, Inc.’s Terms of Service here or Privacy Statement here.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows DigiPro Media, Inc. to store information about your session (referrer, landing page, etc).
_DigiPro Media, Inc._visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_DigiPro Media, Inc._uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
Storefront digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected]