Terms of Service

Terms of Service & Privacy Statement

Last Updated on 22 May 2018

Welcome to Commodity! These terms and conditions (“Terms”) govern and apply to anyone accessing or using the websites (“Site,” “Sites,” “Website,” “Websites,” “Webpage,” “Webpages”) located at www.Commodity.co.uk, our mobile application(s), our blog(s), and any other website(s) owned and/or operated by Commodity, Inc. (including any of its subsidiaries or corporate affiliates, collectively, “Commodity,” “Commodity, Inc.,” "Commodity Europe, Ltd," "Commodity.co.uk," "we," "us" or "our") and any of their associated web pages (collectively, our “Services”).

Please take some time to review these Terms for our Services. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services. Commodity reserves the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, Commodity will notify you by posting the revised Terms on the Services or notifying you through the Services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not use or access any part of the Services.

Commodity may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.

Access To and Use of the Services

Unless authorized in writing by Commodity, you may use the Services solely for your personal and non-commercial use. You agree to only access or use the Services solely for legal purposes as allowed by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:

• modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Services, including without limitation, engage in the practice of "screen scraping," or any other similar activity
• hack into the Services or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Services;
• damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Services;
• violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
• access or attempt to access any password-protected, secure or non-public areas of the Services without the express permission of Commodity.

For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

You can link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

Passwords

You may utilize the functionality on the Site that allows you to log in to this Site by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook, Instagram, and LinkedIn (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy, Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to this Site using your Third Party Site Login Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.

You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Commodity if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.

Chat Sessions

Commodity.co.uk offers users the ability to enter into an instant messaging session (“Chat Sessions”) with a Commodity Customer Support Agent (“CSA”). Upon entering into and continuing such Chat Sessions with a CSA, you acknowledge and agree to all terms, conditions, monitoring guidelines and notices contained or referenced herein including Commodity Terms of Service and Privacy Policy. In order to maintain a high standard of service and provide a safe environment for its CSAs, Commodity reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts considered to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or that violate the Terms of Service. If you do not agree to the Terms of Service, including these provisions relating to the Chat Sessions, please do not use the Chat Session service. Due to account security restrictions CSAs are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your service, please log onto your account or email Customer Service at notes@commodity.co.uk to make such changes. CSAs may request your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the chat. CSAs are NOT supposed to ask you for your password or credit card or debit card information to confirm your account. If a CSA asks for your password or payment information, please immediately discontinue the Chat session and email Commodity at notes@commodity.co.uk.

Intellectual Property

The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Services are the property of Commodity and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Commodity be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Services.

The Services as a whole and all Content thereon is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by Commodity, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Services, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.

Content

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Services are owned by Commodity and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Commodity reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Commodity in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT COMMODITY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.

Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by Commodity, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Services.

Feedback & Idea Submission Policy

Commodity and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Commodity or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Commodity’s products, services or marketing strategies might seem similar to ideas submitted to Commodity. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.

You agree that: (1) your submissions and their contents will automatically become the property of Commodity, without any compensation to you; (2) Commodity may use or redistribute the submissions and their contents for any purpose and in any way, without any compensation to you; (3) there is no obligation for Commodity to review the submission; and (4) there is no obligation to keep any submissions confidential, and no confidential relation is established by or is to be inferred from your submissions or the consideration of your submissions by Commodity.

Product Feedback

Commodity does, however, welcome your feedback regarding any areas of Commodity’s existing business. If you want to send us your feedback, and we hope you do, simply email us: notes@commodity.co.uk. Please provide only specific feedback on Commodity’s existing products or marketing strategies; do not include any ideas that Commodity’s policy will not permit it to accept or consider. It’s just one more way that Commodity can learn how to best satisfy your needs.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Commodity shall be free to use such information on an unrestricted basis.

Content You Provide (User-Generated Content)

Commodity welcomes comments, feedback, reviews, pictures, photographs, graphics, images, logos, illustrations, descriptions, icons, video clips, audio clips, sounds, files, specifications, catalogs, literature, advertisements, titles, names and any other materials, but which shall expressly exclude any personally identifiable information (which use shall be governed by our Privacy Policy) (collectively, the "User-Generated Content") from you on the Services, including but not limited to on its blog, social media accounts, product detail webpages and elsewhere. You agree that any User Generated Content that you post, upload, input, submit, send, contribute or otherwise transmit (collectively, “Submit” or “Submission”, as appropriate) to the Services (whether directly or through a third party) shall be true, accurate and complete and you shall not impersonate or falsely represent your affiliation with any person or entity. You are entirely responsible for all User Generated Content that you Submit or otherwise make available via the Services.

By Submitting User Generated Content to the Services, you grant, and you represent and warrant that you have the right to grant, to Commodity, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Commodity or a third party to post User Generated Content to any public area of the Services, you grant Commodity all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.

You agree that you shall not use the Services to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law. In the event that you do not wish for Commodity to use your User Generated Content, please do not Submit such User Generated Content to the Services. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Commodity.co.uk, and Commodity.co.uk makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Commodity.co.uk reserves the right to remove any User Generated Content from the Services at any time and for any reason.

Limited License; Personal, Business, and Non-Commercial Use Limitation of the Content and Services

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms. You also agree not to deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorized by Commodity. Use of any of Commodity’s trademarks as metatags on other networks is also strictly prohibited.

Unauthorized Use of the Website

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services. You agree that you shall not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Services, including, but not limited to, unauthorized framing of or linking to the Services or unauthorized use of any robot, spider, or other automated device on the Services, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Linking to the Services

If Commodity authorizes you to deep-link your website or a service offered by your website to the Services, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) Commodity has no obligation to continue to provide or make the service or the Services available; (2) all conditions, disclaimers and limitations on use set forth in these Terms remain in full force and effect; (3) all intellectual property rights relating to Commodity and its technology and Content, including all ownership rights, remain the exclusive property of Commodity; (4) you will be solely responsible for the data and content that you publish on your website; and (5) Commodity may terminate your access to the Services at any time in its sole discretion.

Commodity reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Commodity’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Services, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Services.

Product Information

The products displayed on Commodity.co.uk can be ordered and delivered only within the U.S. and E.U. Some products displayed on the site may be available from our authorized retail partners globally. All prices displayed on Commodity.co.uk are quoted in U.S. Dollars or British pounds and are valid and effective only in the U.S. and E.U. If any minor uses any goods or product from Commodity it should be only under the direction of the legal or parental guardian. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Commodity. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Sites and the Interactive Services, including any samples Commodity may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Commodity unless you are an authorized retail partner. Commodity reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Commodity in its sole discretion.

Terms of Sale; Risk of Loss

By placing an order with Commodity.co.uk, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Commodity’s acceptance of an order. We retain the right to refuse any request made by you.

Prior to Commodity’s acceptance of an order, verification of information may be required. Commodity reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Commodity, for any reason whatsoever. Commodity.co.uk reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Commodity shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, Commodity shall credit your account in the amount of the incorrect price.

All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the design of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars or British pounds.

Please see our FAQ section and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information. Commodity reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales/use tax will be added by Commodity.co.uk as necessary (please see our FAQ webpage and all related webpages for further information). The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.

Reporting

If you see objectionable content or have any questions about these Terms, please contact Commodity.co.uk at the address noted below.

Offline Conduct

Although Commodity cannot monitor conduct of its users of this Services, it is a violation of these Terms to use any information obtained from our Services in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Violation of These Terms

You agree that monetary damages may not provide a sufficient remedy to Commodity for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

DISCLAIMER AND LIMITATION OF LIABILITY

1.       Disclaimer. COMMODITY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY COMMODITY.CO.UK OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY COMMODITY ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, COMMODITY GOODS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. COMMODITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SERVICES OR LINKED TO FROM THIS SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

1.       Limitation of Liability. IN NO EVENT SHALL COMMODITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMMODITYGOODS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, COMMODITY.CO.UK'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.
2.       ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
3.       IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Indemnity

You agree to indemnify, defend and hold harmless Commodity, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Services, Commodity and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. Commodity reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Commodity in asserting any available defenses.

Modification/Termination of Services

In the event of termination of the Services, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. Commodity shall not be liable to you or any third-party for any termination of your access to the Services or any portion thereof.

General Legal Provisions

These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of New York, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of New York. You hereby consent to the exclusive jurisdiction and venue of courts in the County of New York, New York, U.S.A., for all disputes arising out of or relating to accessing or using this Services. Access to or use of this Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Commodity as a result of these Terms or use of the Services.

If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Commodity’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of Commodity’s right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright

©Commodity, Inc. and Commodity Europe, Ltd. 2018, All rights reserved.

All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Commodity, Inc., its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Commodity, Inc. Any rights not expressly granted herein are reserved by Commodity, Inc.

Copyright Policy

Commodity’s policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• an identification of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on or through our Services;
• your address, telephone number, and e-mail address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to Commodity Goods’ Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.

Legal Department

Commodity, Inc.

Attn: Counsel

401 Park Avenue South

10th Floor

New York, New York 10016

notes@commodity.co.uk

Trademarks

COMMODITY.CO.UK, , and all related names, logos, product and service names, designs and slogans are trademarks of Commodity, Inc. or its affiliates or licensors. Such marks cannot be used without the prior written permission of Commodity, Inc. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners. For more information on the trademarks of Commodity, please contact us at the address noted above.

PRIVACY

Privacy Policy

Last Updated on 22 May 2018

Introduction

Commodity, Inc. takes privacy seriously. Please read the following to learn more about our privacy policy (“Privacy Policy”). This Privacy Policy applies to the use of the Services (as defined below), including by customers and other persons. Except as otherwise indicated, customers and other persons using the Services are individually and collectively referred to as “you”, “your” or “Customer”, and Commodity, Inc. and its subsidiaries and affiliates are referred to as, "Commodity", "we", "us" and "our."

The family of Web sites operated by or on behalf of Commodity (the "Services"), including, but not limited to, Web sites located at www.commodity.co.uk, our mobile application(s), our blog(s), and any other Web site(s) owned and/or operated by Commodity and any of their associated Web pages, are committed to implementing policies and procedures designed to protect your privacy and security, in addition to providing you with the best possible online experience. To achieve that goal, we want you to understand what kinds of information we gather from and about you, how this information is used, shared and safeguarded, and how you can control its use. In order to offer various products and services to our Customers, Commodity needs to collect certain information as described in this Privacy Policy.

Commodity has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program covers only information that is collected through the Web site: www.commodity.co.uk, and does not cover information that may be collected through mobile applications.

TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy Trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at notes@commodity.co.uk or to Commodity, Inc., Attn: Legal Department, 401 Park Avenue South, 10th Floor New York, New York 10016. If you are not satisfied with our response you can contact TRUSTe here.

Commodity complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Commodity has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view Commodity’s certification, please visit http://www.export.gov/safeharbor.

In conjunction with this Privacy Policy, you should also review our Terms for a more complete understanding of the rules governing our Services. Click here for information on Internet safety and security from the Federal Trade Commission.

Information we collect from you

Information we collect from you will vary, depending on how you use the Services and information you may choose to provide to us (whether through email, phone, internet or otherwise).

Personal Information: We may require Customers who visit the Services and/or purchase products on the Services to give us personally identifiable information (“Personal Information”). Personal Information is individually identifiable information about you that we collect online, including, but not limited to, your full name, a user name and password, email address, phone number, physical address, financial information, and your credit card information and other billing information. Information in a form that (a) is aggregated with other information, (b) anonymized, or (c) is otherwise is detached, combined, organized, segmented, modified or processed, in each case so as not to be reasonably capable of being associated with you, will not be considered Personal Information, and will not be restricted by this Privacy Policy as to use, sharing or otherwise. You can choose not to provide us with Personal Information, but then you may not be able to fully take advantage of certain features of our Services and we may not be able to provide you with certain requested information, products and/or services.

If you create an account using your login from a third party service, like Facebook or Twitter, we will access and collect the information that your privacy settings on that third party service permits us to access so that we can create your account for you. We will also collect the contact information of your friends, if you choose to connect your contacts and address book information with your account, so that you can connect with your friends when you use our Services.

Automatic Collection of Information: Like many Web sites on the Internet, we automatically track certain information about you as you visit and use our Services to help us (i) better understand, improve and modify the Services, (ii) better understand how the Services are used and experienced, and (iii) better understand how we can enhance your or others overall experience on one or more of the Services, including providing advertising and other information that is relevant to you. This tracked or automatically gathered information may include, among other things, your computer’s IP address (Internet Protocol address), browser type, the URLs and pages on the Services you’ve visited, sections of or content on pages on the Services on which you click or in which you are interested, the number of times you visit each page on the Services, what downloads and/or search queries you have made, and how long you spent on particular sections of the Services and on the Services generally. This automatically gathered data includes information provided through the use of "cookies", log files and “clear GIFs” (described in more detail below).

Information from Cookies: When you visit our Services, we may send a small file to your computer (a “cookie”) which is stored there so that we can recognize your computer as a unique machine the next time you visit the Services, and which also enables us to, among other things, to tailor the Services to your’s and other users’ needs. You are always free to decline any cookies we use if your internet browser permits. However, please note that by declining cookies, certain functionalities of the Services will not be available to you, including that you will not be able to establish a shopping cart session or make a purchase online through the Services. Additionally, some of our third-party service providers working on our behalf may also utilize their own cookies. Also, we and our third-party service providers sometimes use "clear GIFs" in connection with cookies and other website functions and emails. Clear GIFs perform administrative functions (but without detracting from your online experience), including being used to perform statistical and administrative tasks such as measuring traffic on the Services and its Web pages, verifying advertising avenues and positioning images on the web, and allowing us to gauge the effectiveness of certain communications and email marketing campaigns by letting us know which marketing emails have been opened by you or other recipients. However, please note that clear GIFs do not collect Personal Information.

Advertising: As mentioned above, we may partner with third party ad network(s) to either display advertising on our Services or to manage our advertising on other Web sites. Our ad network partner may use cookies and/or Web beacons to collect non-personally identifiable information about your activities on our Services and other Web sites to provide you targeted advertising based upon your interests. If you do not wish to have this information used for the purposes of serving you targeted ads, you may opt-out by clicking here. Please note this does not opt you out of being served advertising, and you will continue to receive generic ads.


How your information is used and shared

The use and sharing of information about you depends on the context in which it is collected. Please see the categories below that relate to the features and functionality of the Services that you wish to utilize.

Personal Information: We may share the Personal Information we collect from you only with your consent, as otherwise outlined in this Privacy Policy, or under the following circumstances:

User-Requested Services and Information: For information, features, products and services offered and/or provided by the Services, the information you submit is used by us to provide the information, feature, product or service you've requested, including being used for internal purposes such as tracking your order, analyzing your preferences, and noting trends and statistics. We may also share this information with others, but Personal Information will be shared by us only to fulfill your request or to facilitate your use of the information, features, products or services, or as otherwise outlined in this Privacy Policy. When sharing Personal Information in such a manner, we may also share your Internet Protocol (IP) address. In addition, we may use and share any registration information that you submit as described in the “Registration Information” section below.


We may use other companies and individuals (1) to perform supporting functions for the various tools, functionality, information, products and services offered on or through our Services on our behalf, (2) to perform or support various tasks or initiatives instrumental to the business of, or related to operating or improving, the Services or (3) to assist us in testing, maintaining or improving the features, content or effectiveness of the Services or in performing research or development. These service providers (for example, credit card processing companies to bill you for goods purchased on the Services, email service providers to send out emails on our behalf, etc.) may be permitted to receive and use information collected from you or for internal purposes on an aggregated and/or anonymous basis (where you cannot be personally identified), but will not be authorized by us to use Personal Information for any other purpose other than in connection with performing the support functions for Commodity or such other tasks, initiatives or assistance for Commodity.

User-Initiated Communication: From time to time, portions of the Service(s) may enable you to send email and other types of messages to us and to participate in blogs and other discussion groups. All such emails, comments and messages, and all such postings to blogs and/or discussion groups, become our property once you submit them (please see our Terms for more details on this). Your Internet Protocol (IP) address may be included in any email that you send, whether to us or to third parties. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Also, remember that our Services and blogs are open to the public, and, therefore, your postings can be seen by anyone and are therefore not protected by us or any other entity. Please use your own discretion when deciding whether and what to post and whom to contact. We reserve the right, in our sole discretion, to edit or delete postings from our Services, blogs, and discussion groups. This reservation of rights shall not under any circumstances obligate us to conduct such edits or deletions, nor shall it cause us to be liable for any such edits or deletions. To request removal of your personal information from our blog or community forum, please contact us at ask@commoditygoods.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Protection of rights: We may release Personal Information or other information we collect from you if we believe that such action is appropriate to: (1) comply with legal requests and processes; (2) enforce the Terms for the applicable Services; (3) identify, contact or bring legal action against persons or entities who are or we believe have caused or might cause injury to us or a third party; (4) defend or respond to claims brought or threatened against Commodity, its employees, directors, suppliers or service providers, users of the Services or others; or (5) otherwise protect or assert the rights, property, interests or personal safety of Commodity, its employees, directors, suppliers or service providers, users of the Services or others. Any such release decisions may be made by us in our sole discretion.

Record Keeping: It may be necessary for Commodity to keep records of certain Personal Information you have provided to us or which we have obtained from you in accordance with this Privacy Policy for business purposes, including but not limited to for internal accounting and administration, to supply you with information about your account, to respond to inquiries, to enhance customer service and product options, to improve product performance, promotions, and special offers where you voluntarily supplied your personal details, to administer sales records, to provide information about us, our products, services and special offers, and to analyze usage on our Services.

Business or Asset transfers: We continue to develop our business and in doing so may choose to buy or sell our business or related assets. Personal Information and other information we collect from you is generally one of the assets acquired or transferred in such transactions.

Registration Information: The Personal Information you provide when you become a registered user of and create an account on one of the Services is used primarily to provide the information, features, products and/or services you purchase or request, to help us customize or enhance your or others’ online experience, and to increase the convenience of accessing new or existing tools, products and services on the Services. If applicable, this Personal Information may also be shared among the Services to make use of the Services more convenient by, for example, limiting the number of times you have to register with us. Your email address serves as a unique identifier in our record system, and together with your password, is designed to help us prevent unauthorized access to information you choose to store on the Services. The data you give us about your personal preferences and demographics (e.g., your age, ZIP code, or the like) may be used to help us offer tailored content, products, and services that we believe will be of interest to you. In addition, we may share this information, in aggregate or other protected forms (see the section entitled “Information We Collect From you: Personal Information,” above) or under confidentiality terms, with our current and/or future service providers so that either they or us can present and deliver products, functionality and services to you more effectively.

Promotions and Marketing: Unless you specify that you'd prefer not to hear from us, if you provide your email address to us (whether on the Services or on a third party Web site) for promotional or other purposes at the time of registration or otherwise, we may use this to contact you for promotional or other purposes. You may have these communications terminated and opt out at any time by clicking on the “Unsubscribe” link contained in any promotional email or contacting us at notes@commodity.co.uk. If applicable, please be aware that opting out on one of our Services, does not opt you out from any of our other Services unless that option is specifically provided. Please note that despite unsubscribing from such communications, Commodity may still contact you in relation to your order(s), purchase(s) or any issues relating any business you conduct with Commodity. Please note that in certain instances, your name and/or email address may have been provided to us through our friend referral program. In this case, we may contact you via a one-time email. We store this information for the purpose of sending this one-time email and other internal purposes, including but not limited to tracking the success of our referral program. You may contact us at notes@commodity.co.uk to request that we remove your information from our database.

Internet Protocol (IP) Address: When sharing Personal Information in accordance with this Privacy Policy, we may also share your Internet Protocol (IP) address.

Forgot Your Password?: If you forget your password for any registered area of the Services, we have an automated password recovery system, which can be accessed by following these steps: (1) click on “My Account” in the upper right corner of the Services and choose “Log In / Create”; (2) click “I forgot my password” in the “Sign In” section; (3) enter the email address you used to register previously; (4) you will receive an email titled “Reset Your Password” at the email address you entered; (5) click on the link included in the email, which will bring up a secure web page which allows you to reset your password.

Non-personal Information

Automatically Gathered Information: Information that is automatically gathered, including through the use of cookies (as defined above), may be shared among the Services, if applicable. It may also be shared with other third parties, including service providers and others, so that we may better understand how the Services are used, to enhance the overall experience on the Services, and otherwise in connection with our operation of the Services and conducting related business. When such information is shared with third parties, any Personal Information will be included only if first put in aggregated or other protected form (see the section entitled “Information We Collect From You: Personal Information,” above) or the third party is contractually restricted from using such Personal Information for any purpose other than in connection with the purpose for which it was shared by Commodity.


Social Media Features

Our Services include social media features, such as the Facebook and Instagram “Like” buttons. These features may collect your IP address, which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Social media features on our Services are either hosted by a third party or directly on our Services. Your interactions with these features are governed by the respective privacy policy of the company providing such feature(s).

Children's Privacy

Our Services are general audience Web sites and are not directed at children under age 13. Commodity Goods nor the Services do not knowingly collect any personal information from children under age 13, and if you are under the age of 13 you should not register or provide information on our Services or to Commodity. If you have knowledge that a child under the age of 13 has submitted Personal Information to us, please email ask@commoditygoods.com.

How can I access and change my personal information?

To view, edit or delete the Personal Information that you submitted on the Services during registration, the purchase of a product or service, or otherwise, please follow these steps: (1) click “My Account” in the upper right corner of the Services and choose “Log In / Create”; (2) fill out the “Email” and “Password” fields in the “Sign In” section, then click “Sign In”; and (3) You will then be able to modify your account settings, including your email address and/or password related to this account, addresses and credit card information (if any).

If you would like us to no longer use or share Personal Information we may gather from you to market information to you, with our agents, affiliates or other service providers, please send a request to notes@commodity.co.uk

However, archival or backup copies of Personal Information will not cease to exist and Commodity shall not be liable for any problems in this editing process.

Please keep in mind that any change you request regarding Personal Information may adversely affect or otherwise change the availability, deliverability or quality for you of information, features, products or services in which you are interested or your experience on or relating to the Services.

We will retain and use your information as may be necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

How is personal information protected?

Whenever Personal Information is stored on our computers (which may be for an indefinite period, or a more limited time based on obsolescence or other factors), that information is protected from unauthorized access or use by way of passwords or other industry-acknowledged means. In addition, servers of ours that store this information are located behind a firewall. Since certain Personal Information (such as credit card data) is especially sensitive, we take special care to keep it secure. We will only electronically transmit or ask for this information over secure Internet connections using SSL (Secure Sockets Layer) encryption and/or VPN (Virtual Private Network) encryption, each of which is an accepted standard for online security, and security keys. In addition, we require password authentication from any third parties you have authorized to receive this information. Finally, to the extent that we may ask for and will store for a period of time Personal Information consisting of your credit card number or financial information, this information will be stored on secure designated servers where access is limited to individuals in departments charged with using such information only in connection with processing your orders and/or payment for products and services purchased; provided, however, that those orders and/or payments processed by our business partners, marketing allies and/or service providers that provide or participate in providing the services or products requested or that participate in the payment processes related to such may store such information on their servers which are governed by such third party’s privacy policy and security procedures.

Of course, we appreciate your help in safeguarding the integrity of your own and others' privacy. We hope you'll use common sense whenever you disclose Personal Information over the Internet. Just as importantly, we encourage you to let us know immediately if you suspect that Personal Information you share with us is being used in any way contrary to this Privacy Policy. Finally, unfortunately no data transmission over the Internet nor any storage of information on servers or other media can be guaranteed or made to be 100% secure; and while we strive to protect Personal Information, as outlined in this Privacy Policy, we cannot promise, guarantee or warrant the complete security of information. To contact us, please send an email to notes@commodity.co.uk

Scope of this Privacy Policy: Outside Links

Be aware that our Services link to other Web sites that may collect personally identifiable information about you. This Privacy Policy applies only to the Services, and we are not responsible for the privacy practices, nor the content, associated with any linked Web sites. You should refer to the privacy policies and statements of other Web sites or contact the respective Webmasters of those Web sites to obtain information regarding their information collection, security, use and disclosure policies.

Special provisions applicable to users outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. If you are a user or non-user who interacts with Commodity outside the United States, you consent to having your personal data transferred to and processed in the United States.

Effective Dates and Modifications

This Privacy Policy is effective as of the date first written above. We reserve the right to update, change, modify or otherwise alter this Privacy Policy at any time.  If any material changes are made to this Privacy Policy, Commodity will notify you by posting the revised Privacy Policy on the Services or notifying you through the Services.  ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THIS PRIVACY POLICY.  Accordingly, we encourage you to periodically review this Privacy Policy and the Services in order to keep apprised of our current privacy practices. If you do not want to be bound by this Privacy Policy, do not use or access any part of the Services.

Contacting us

If you have concerns about this Privacy Policy or our privacy practices in general, contact us at notes@commodity.co.uk:

Privacy Administrator


Legal Department

Commodity, Inc.

401 Park Avenue South

10th Floor

New York, New York 10016

Email: notes@commodity.co.uk