PRIVACY POLICY

This Privacy Policy applies to the web site https://TipsyFeeder.com and/or http://TipsyFeeder.com and all associated sites (the “Site”).  This Privacy Policy describes the information we collect on the Site and how “we” “our” or “us” (M11 Enterprises LLC, Tipsy Feeder, TipsyFeeder.com and our Affiliates [collectively known as “Tipsy Feeder” or “TipsyFeeder.com” hereafter]) uses it, the choices you can make about your information and how we protect your information, the security procedures in place to protect the misuse of your information, and how you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

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.

We may share non-personal, aggregate information regarding customer demographics, traffic patterns, sales, and site usage with our partners, advertisers or sponsors. We will never willfully disclose personally identifiable information about our customers to any third party without prior consent.

In special cases, TipsyFeeder.com may believe it is necessary to disclose personally identifiable information in order to identify, contact or bring legal action against someone who may be violating or causing injury to or interference with TipsyFeeder.com’s rights or property, other users, or any other party that could be harmed by such activities. We may also disclose or access personally identifiable information when we believe in good faith that the law requires it.

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.

Interest-Based Advertising

TipsyFeeder.com uses search engine and online advertising tools, such as Google AdWords,  which contain certain features like remarketing, interest categories, similar audiences, and other types of interest-based advertising. We do not run interest-based advertising campaigns that collect personally identifiable information (PII) including, but not limited to, email addresses, telephone numbers, and credit card numbers. Furthermore, we do not correlate this personally identifiable information with remarketing lists, cookies, or other anonymous identifiers.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our website:

1. See what data we have about you, if any.
2. Change/correct any data we have about you.
3. Have us delete any data we have about you.
4. Express any concern you have about our use of your data.

Cookies

A cookie is a small text file that the Site can place on your computer’s hard drive. When you visit the Site, a cookie may be placed on your computer for customizing and enhancing your experience on the Site. Your name and email address are not shared in this cookie. We use a cookie that collects anonymous traffic data. You can set your Web browser to block cookies, but doing so may affect your ability to access certain features of the Site.

Web Beacons

Web beacons are small bits of code embedded in Web pages or in emails. Web beacons may be used to deliver or communicate with cookies, to count users who have visited a Web page and to understand usage patterns. Web beacons also may be included in emails to learn if messages have been opened, acted on or forwarded. You can disable the ability of Web beacons to capture information in this manner by blocking cookies as described above under “Cookies.”

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Please keep in mind that no Internet transmission is 100% secure. Some email sent to or from the Site may not be secure. Please consider this when sending information to us by email.

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 (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Changes to this Privacy Policy

We may modify, alter or update this Privacy Policy at any time. We will not provide individual notice to you of changes to this Privacy Policy, but when we make updates to this Privacy Policy, we will update the date in this section: Privacy Policy updated on August 15, 2018.

If you feel that we are not abiding by this privacy policy, you should contact us immediately at TipsyFeeder(at)gmail(dot)com

DISCLAIMER

All Tipsy Feeder products are one-of-a-kind, individually handcrafted, and feature perfect imperfections (just like you).

Tipsy Feeder specifically DISCLAIMS LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use or misuse of any Tipsy Feeder products or the information or content on this website. Tipsy Feeder assumes or undertakes NO LIABILITY for any loss or damage suffered as a result of the use or misuse of any Tipsy Feeder products or information or content or any reliance thereon.

USE AT YOUR OWN RISK: Hang Tipsy Feeder products at your own risk. This website is for entertainment purposes only. Do not place or hang Tipsy Feeder products anywhere or in any way that may cause physical harm or bodily injury, or any damage to personal or public property. Thoroughly inspect Tipsy Feeder products before use for any defects, wear, broken or cracked glass. Discontinue use of Tipsy Feeder products if they are damaged in any way. It is your responsibility to inspect your Tipsy Feeder periodically for appropriate safety. By voluntarily using Tipsy Feeder products, you assume the risk of any resulting injury whatsoever. Please feed responsibly.

DO NOT hang Tipsy Feeder products:

• Within reach of children or pets (birds are okay, of course). Tipsy Feeder is not a toy or piñata, and bird food (seed) may be a choking hazard to babies and infants.
• At any unsafe height which may result in any injury or harm. For example (but not limited to), someone may bump into your Tipsy Feeder and poke an eye out if hung too low. Or, your Tipsy Feeder may potentially fatally fall on someone if incorrectly hung too high.
• Anywhere where the potential of broken glass may be harmful or cause any damage. Tipsy Feeder products feature glass bottles, and glass bottles may sometimes crack or break. Please be smart about the location you choose for your Tipsy Feeder.

NOT FOR HUMAN CONSUMPTION: Bird food (seed) included with Tipsy Feeder products is not for human consumption. Seeds may be a choking hazard to small children.

NO WARRANTIES: No express or implied warranties of any type, including for example implied warranties of merchantability or fitness for a particular purpose, are made with respect to the information, or any use of the information, on this site. We (M11 Enterprises LLC, Tipsy Feeder, TipsyFeeder.com and our Affiliates [collectively known as “Tipsy Feeder” or “TipsyFeeder.com” hereafter]) makes no representations and extends no warranties of any type as to the accuracy or completeness of any information or content on this web site. Normal wear and tear or abuse of Tipsy Feeder products do not classify as defects in the product’s materials or manufacturing.

CUSTOMIZED PRODUCTS: All customized products are non-refundable. Customized work may take up to three weeks to ship.

SHIPPING: Tipsy Feeder is not responsible for “lost” shipments. If customers do not receive their order, please access your tracking information through the United States Postal Services website (www.usps.com). If additional information is needed, please contact USPS customer service, or contact your local post office for further assistance. Tipsy Feeder may only be able to assist with undelivered shipments as noted via USPS tracking information.

WHOLESALE PRICING: Tipsy Feeder wholesale pricing does not include shipping costs, taxes (unless Retailer’s federal re-seller status is provided), or additional customized services. All itemized costs are included via invoice. Only invoices exclusively drafted and presented by Tipsy Feeder are considered valid. Invoices presented by Affiliates or any third-party are invalid. Tipsy Feeder retains the right to adjust wholesale pricing at any time and without notice. Requests for current wholesale pricing schedule may be submitted through our Contact Form. All sales at wholesale pricing are final and nonrefundable.

COMPLEMENTARY PRODUCTS & AFFILIATES: Tipsy Feeder is not responsible for any third-party or “friends” or “affiliates” products, services, or information which may stated by friends and/ or affiliates. This includes any and all representation made by the affiliate, including any information found on our Post-Checkout Page and throughout the TipsyFeeder.com website. Complementary products’ and affiliates’ information is provided by third-parties, and this information may or may not be accurate. Tipsy Feeder is not responsible for any third-party products, statements, or information whatsoever. Please forward all inquiries about third-party products, services, or information directly to the respective third-party.

AFFILIATES PROGRAM: By choosing to participate in our Affiliates Program, you agree to the Program’s terms and policies. Affiliates Program participants agree to hold Tipsy Feeder harmless of any and all incidental or consequential damages, and Tipsy Feeder assumes no responsibility or liability for any loss or damage suffered by any person or Affiliate. Tipsy Feeder is not responsible for commission payout updates or notices. Affiliates may email Tipsy Feeder and request a status for their commission earnings at any time. Commissions can only be paid out to active Affiliates. Tipsy Feeder assumes or undertakes NO LIABILITY for any loss or damage suffered as a result of any Affiliate’s actions or representation.

Tipsy Feeder maintains the right to revoke an Affiliates Program participant’s privileges at any time and for any reason whatsoever, including deactivation of any Affiliates Program Coupon Code. Unauthorized representation, false representation, or misrepresentation of the Tipsy Feeder brand, company, or products will be considered defamatory, slanderous, and libelous, and will be considered to cause damages beyond repair to the Tipsy Feeder brand. Such actions will receive consequences to the fullest extent of the law.

POSTS AND COMMENTS: We (M11 Enterprises LLC, Tipsy Feeder, TipsyFeeder.com and our Affiliates [collectively known as “Tipsy Feeder” or “TipsyFeeder.com” hereafter]) run this site and would love for you to use it. This site, blog, forum, and related services, including Tipsy Feeder social media accounts, are designed to educate and entertain, and market retail products. We encourage you to express yourself professionally while posting comments and videos. Please, be responsible in what you write and post, and please be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or posts or what you link to (things like spam, viruses, or hate content).

Videos being posted or submitted must be of your own original content and footage. By posting or submitting a video or image post (i.e. by tagging @TipsyFeeder or #TipsyFeeder on any social media platform), you agree that you are the sole owner of any intellectual property or copyrights of or within the video or image and that you permit Tipsy Feeder to share your post. TipsyFeeder.com reserves the right to determine the approval of quality videos and images to publish on the site or on Tipsy Feeder social media accounts.

TERMS OF SERVICE: The following terms and conditions govern all use of the https://TipsyFeeder.com website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, and websites, taken together, the Website. The Website is owned and operated by TipsyFeeder.com. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Site by TipsyFeeder.com (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by TipsyFeeder.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

* the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

* your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

* your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and

* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tipsy Feeder or otherwise.

Without limiting any of those representations or warranties, TipsyFeeder.com has the right (though not the obligation) to, in TipsyFeeder.com’s sole discretion (i) refuse or remove any content that, in TipsyFeeder.com’s opinion, violates any of TipsyFeeder.com’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in TipsyFeeder.com’s sole discretion.

2. Responsibility of Website Visitors. TipsyFeeder.com has not and cannot review all of the material, including computer software, posted to the Website or related Tipsy Feeder social media accounts. Therefore, Tipsy Feeder cannot be responsible for that material’s content, use or effects. By operating the Website and Tipsy Feeder social media accounts, Tipsy Feeder does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website and Tipsy Feeder social media accounts may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tipsy Feeder disclaims any responsibility for any harm resulting from the use by visitors of the Website and Tipsy Feeder social media accounts, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TipsyFeeder.com links, and that link to TipsyFeeder.com. TipsyFeeder.com does not have any control over those non-TipsyFeeder.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-http://TipsyFeeder.com website or webpage, TipsyFeeder.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TipsyFeeder.com disclaims any responsibility for any harm resulting from your use of non-http://TipsyFeeder websites and webpages.
4. Copyright Infringement and DMCA Policy. As TipsyFeeder.com asks others to respect its intellectual property rights, TipsyFeeder.com respects the intellectual property rights of others. If you believe that material located on or linked to by http://TipsyFeeder.com violates your copyright, you are encouraged to notify TipsyFeeder.com in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. TipsyFeeder.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TipsyFeeder.com or others, TipsyFeeder.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, TipsyFeeder.com will have no obligation to provide a refund of any amounts previously paid to TipsyFeeder.com.
5. Intellectual Property. This Agreement does not transfer from Tipsy Feeder to you any TipsyFeeder.com’s or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tipsy Feeder. Tipsy Feeder ™, TipsyFeeder ™, TipsyFeeder.com, the “Tipsy Feeder” logo, the phrase “Guaranteed squirrel proof or we’ll drink another bottle”, the phrase “Guaranteed squirrel proof or I’ll drink another bottle”, and all other patents, trademarks, service marks, graphics and logos used in connection with Tipsy Feeder or http://TipsyFeeder.com or the Website are trademarks or registered trademarks of Tipsy Feeder and Tipsy Feeder licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tipsy Feeder, TipsyFeeder.com, or third-party trademarks. You hereby grant TipsyFeeder.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or Tipsy Feeder services or the promotion thereof, including social media platforms, and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Tipsy Feeder.com or the promotion thereof.
6. Changes. Tipsy Feeder reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tipsy Feeder also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. Tipsy Feeder may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. The Website is provided “as is.” Tipsy Feeder and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tipsy Feeder nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability. In no event will Tipsy Feeder, TipsyFeeder.com and our assigned Affiliates, its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tipsy Feeder and Affiliates under this agreement during the twelve (12) month period prior to the cause of action. Tipsy Feeder shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless M11 Enterprises LLC, Tipsy Feeder, TipsyFeeder.com and our Affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
12. Miscellaneous. This Agreement constitutes the entire agreement between Tipsy Feeder, and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by Tipsy Feeder Management or one of Tipsy Feeder’s assigned Members of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Brevard County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Brevard County, Florida in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tipsy Feeder may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.