Terms Of Use & Legal Notices

Welcome to the www.mimibunni.com website (our "Site"). We provide our Site as a service to our customers. You represent that you are: (i) at least 18 years of age; and (ii) of legal age to enter into a binding contract as determined by the laws of the State in which you reside. Your use of the Site constitutes your agreement to these terms. Please review the following basic rules which constitute our “Terms Of Use & Legal Notices,” which govern your use of our Site. By using our Site you agree to be bound by the terms and conditions set forth below, and our Privacy Policy and all disclaimers or other terms and conditions that appear elsewhere on our Site (collectively the "Agreement"). Your use of our Site constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our Site. Although you may "bookmark" a particular portion of our Site and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Site still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend that you visit these pages periodically to review the Agreement.

Proprietary Rights. Unless otherwise noted, all written and/or other materials that are part of our Site, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Mimi Designs, LLC. and/or its affiliates and subsidiaries (collectively “Mimi Bunni”) own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. The Mimi Bunni trademarks, logos and other trademarks on our Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission of Mimi Design, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

Your Use of Our Site. Our Site and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Site for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the Content for public or commercial purposes without written permission from an authorized representative of Mimi Bunni. It is also strictly prohibited to download any images of Mimi Bunni products which appear on our Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related intellectual property. You agree that if Mimi Bunni, in our sole and unfettered discretion, requests in writing that you remove any link or links to our Site, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Site, or any part thereof, with or without notice.

No Warranties: Limitation of liability. Your use of and reliance upon any and all information, including but not limited to the content is at your sole risk. Such information is provided on an “as is” and “as available” basis. Mimi Bunni makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness or such information. Mimi Bunni expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall Mimi Bunni and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Mimi Bunni website, with the delay or inability to use the Mimi BUnni website or related services, the provision of or failure to provide services, or for any information, software, products, service and related graphics obtained through the Mimi Bunni website, or otherwise arising out of the use of the Mimi Bunni website, whether based on contract, tort or otherwise, even if Mimi Bunni or any of its suppliers has been advised of the possibilities of damages.  Because some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied any portion of the Mimi Bunni websites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Mimi Bunni website. 

Security. Tampering with our Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Site are prohibited. Users are prohibited from violating or attempting to violate the security of our Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Site for unintended purposes or trying to change the behavior of our Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Site (impersonating our Site), or to our Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Mimi Bunni, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Site other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to Mimi Bunni, and to refrain from impersonating or falsely representing your affiliation with any person or entity.  Not Geared Towards Children. Our Site is intended for use by individuals 18 years of age or older. Our Site is not directed to children under the age of 18. Users under the age of 18 must use the assistance of a parent or guardian before they use or visit our Site.

Errors, Corrections and Changes. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States for purchases made through the Site. Mimi Bunni strives to provide accurate descriptions of Products displayed on the Site. Mimi Bunni does not, however, warrant that the descriptions are accurate, complete, reliable, current or error-free. We have made every effort to display the colors of our products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your computer and monitor, we cannot guarantee that your computer and monitor’s display of any color will be accurate.

Information & Content You Submit to Us. By using our Site, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Site is not confidential. By submitting any solicited or unsolicited information using our Site, you grant to Mimi Designs, LLC and its affiliates (“Mimi Bunni,” as used herein) an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.

Indemnity. You agree to indemnify, defend and hold harmless Mimi Bunni, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

Third Party Sites & Links. Our Site may contain links to other websites that are not under our control (“Third-Party Sites”). We provide links solely for the convenience and information of our Site users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on our Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. We make no representation or warranty as to any products or services offered on any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Applicable Law & Other Terms. Our Site is created, operated and controlled by Mimi Designs, LLC. in East Hanover, New Jersey, in the United States of America. The laws of the State of New Jersey will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New Jersey, Morris County in all disputes arising out of or relating to the use of our Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Mimi Bunni with respect to our Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mimi Bunni with respect to our Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 

Updated as of October 2019

 

Privacy Policy
 

This www.mimibunni.com  is owned by Mimi Designs, LLC (Mimi Bunni). Your use of the Site constitutes your acceptance of this Privacy and Cookie Notice and consent to the practices described. Below policies are in effect for the Web pages, newsletters, announcements owned and operated by Mimi Bunni. This Privacy Policy is intended to comply with all applicable laws and regulations in effect, including without limit laws and regulations of your country. The following discloses our Privacy Policy.

This privacy notice discloses the privacy practices for Mimi Designs, LLC and our website; www.mimibunni.com. This privacy notice applies solely to information collected by this website, except where stated otherwise. It will notify you of the following:

Information we collect and how we use your information

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g., to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

When you purchase a Mimi Bunni product, we may from time to time send you e-mail messages describing new products, special offers, and other communications subject to all applicable laws and regulations. If for any reason you would no longer like to receive e-mail marketing messages from Mimi Bunni, you can visit our unsubscribe section to remove yourself from our e-mailing list even if you have previously provided your consent, or email us at service@mimibunni.com with Subject: Unsubscribe. Please allow up to 10 days for us to process your request.

Please Note: If you decide not to receive marketing emails from Mimi Bunni, you may still receive “transactional” email messages regarding the purchase or delivery of your order (e.g. order confirmation, shipping information, customer service notifications, etc.).

Our website is intended for adults. When you sign up email or subscribe, you are confirming you are 18 years of age or older. We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 18 years of age.

Registration

A user can be a member of this website after completion of the registration form. During registration a user is required to give certain information (such as name, birthday, and email address). This information is used to contact you about the products/services on our site in which you have expressed interest.

Orders

We request information from you on our order form. To buy from us, you must provide contact information (such as name, contact phone numbers, delivering and billing addresses) and financial information (such as credit card number, expiration date, Card Security Code (CSC) or Card Verification Value (CVV)). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Sharing

We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. 

We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g. billing or customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.

We assure you that every online transaction you make will be safe. It is determined that under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 of fraudulent charges. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures

Cookies and technology

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Some of our business partners may use cookies on our site (e.g., advertisers). However, we have no access to or control over these cookies.

Links to other Websites and Services

This web site contains links to other sites, content, or videos (embedded or direct links). Please be aware that we are not responsible for the content or privacy practices of such other sites. Mimi Bunni provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Mimi Bunni of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave our website.We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Surveys & Contests

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

User Content

You may directly upload User Content or post User Content to your social media accounts. By uploading User Content and posting User Content that you have tagged with MIMIBUNNIBABY, MIMIBUNNI, MIMIDESIGNS hashtags to social media platforms, you grant Mimi Bunni, its third-party service providers who provide content management services including Social Media Platform Solutions, and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Mimi Bunni-tagged User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

You hereby represent and warrant that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, (iv) you are legally entitled to post the User Content, and the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using the Services, you are consenting to Social Media Platform Solutions’ collection of any personal information you provide, on behalf of the Licensed Parties for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use the Services or otherwise provide Social Media Platform Solutions with personal information. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on Social Media Platform Solutions’ and its customers’ behalf. By using the Services or otherwise providing Social Media Platform Solutions with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.

The Licensed Parties reserve the right to remove any User Content from the Site, Mimi Bunni properties and the Services at any time, for any reason. If you believe User Content residing on the Site or the Services infringes a copyright, please refer to our Copyright Policy below.

Notification of Changes

We may revise this Privacy Policy from time to time without notice. If we decide to change our Privacy Policy, we will post the revised policy here. We encourage you to periodically consult this Privacy Policy for any revisions or updates.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email:

To: customerservice@mimibunni.com 

Subject: Privacy Policy

 

Updated as of October 2019