Legal

Privacy Policy

Your use, access, browsing, and ordering on the Site (“site”) and Services (“services”) is your agreement to abide by this policy and the Terms of Use (ToU).

BallsofMoss (“ballsofmoss.com” and “ballsofmoss” and “balls of moss” and “we” and “us”) assumes no responsibility for failure to read, understand, and comply by these policies set.

By accessing the Site and Services, you (“customer(s)” and “user(s)” and “readers” and “visitor(s)”) agree that you have read and abide by both documents.

Please read both carefully. If you do not agree with both the Privacy Policy and Terms of Use, please do not use the Site/Services.

Your Privacy

I. Data

The following is data we gather from you in order to improve our services and your experience:

Non-Personally Identifiable Information: We collect and use information about your interactions with the Service in a manner and format that does not identify you as an individual (“NPII”). We may collect, use, and disclose the following types of Non-Personally Identifiable Information:

Analytics: We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, your browser’s width and height, and other information that assists us in improving the Service.

Cookies: Our site sends and uses cookies to gather data on actions you take on our site and other information.

Accounts: If you place an order on our site, you may need to create an account which includes personally-identifiable information. This may include your name, email, address, PayPal address, special directions, timestamps, IP, and more. These details will only be used to process your order, fulfill your order, and respond to order inquiries. You may request for your data to be deleted by sending us a message.

Data protection: Your data is protected by using a secure sockets layer (SSL) encryption on the site. Payment information: We do NOT store any payment details on our site or services such as credit card numbers, debit card numbers, checks, etc. We only use PayPal for payment processing. We do not have access to your payment information and do not store it on our servers, site, or services. Other than your PayPal email address, which is required to fulfill orders, all other sensitive payment details are never accessed by us. Please review PayPal’s Privacy Policy and Terms of Use before using PayPal. Order data sharing: In the event of a individual request basis, your personally-identifiable data (not limited to name, email, address, date ordered, amount paid, PayPal email address, tracking number(s), phone number) may be shared to third-parties to fulfill order inquiries, requests, refunds, and more. These data will only be shared for order-related manners and resolutions.

II. Data sharing (non-identifiable)
We may share your site usage information with other third parties, such as advertisers, fulfillment partners, and more. The information will be anonymized and aggregated so that no personally-identifiable information is shared to third-party entities.

Your anonymized data may be shared with third-party entities (such as product supplies, analytical services, and other agencies) to better improve the site and/or services. However, no personal information will be disclosed that can be used to identify you. All data shared with third-parties is anonymized and aggregate.

III. Your Information
We store and process your information on data centers located within the US. We may transfer your information to other jurisdictions around the world. Note that other countries may have different laws regarding privacy. We use commercially available methods to safeguard your information, though we cannot guarantee that your information may not be accessed by an illegal act.

IV. Children
We do not knowingly collect or solicit Personally Identifiable Information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.

V. Data deletion

You may request your customer account, comment, or other personal or non-personal data to be deleted at anytime by sending us a message with your request.

VI. How long your data is retained

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

Your customer data is retained for speedier checkouts subsequently. You may request for your data/account to be removed from our servers at anytime by contacting us and letting us know.

VII. Data rights

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

VIII. Embedded content

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

IX. Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

X. Contact forms and comments

If you send us a message, leave a comment, email us, or otherwise transmit data to us, we may receive your personally-identifiable information such as name, email, IP, and other details to fulfill order requests.

We may also use your data (non personally-identifiable) for promotional, content, or advertising purposes on our site and/or services. By making your content available on the Service whether through email, commenting, etc., you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, modify, reproduce, display and distribute your User Content on the Service for the purposes of operating and providing the Service to you and our Users (“User Content License”). You also hereby grant to BallsofMoss and to each User of the Service, a non-exclusive license to access, use, reproduce, distribute and display your User Content as permitted by the functionality of the Service. You understand and agree that the BallsofMoss Service is available to the public, and other Users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service. BallsofMoss assumes zero responsibility for any consequences of your actions.

Any User Content used may be stripped of personally-identifiable details where applicable.

XI. Data breaches

In the event of a data breach, we will attempt to resolve the issue timely. We will also attempt to notify customers by email (if they’re opted in), website banners, and updates to this page.

We will also attempt to assess what details may have been compromised and alert users.

XII. Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Contact
You may contact us with data removals, data requests, or any other questions at our contact page.

Changes
This may be changed with or without notice. Your use of the site is your consent to abide by this policy.

Updates
This Privacy Policy was last updated 6/23/20. We may notify users of updates through email, page banners, and directly on this page. Users are responsible for reading new updates. This page may change with or without notice.

Terms of Use

General

BallsofMoss.com provides a resources for marimo moss ball care and fulfills orders for products.

This Terms of Use (“ToU”) governs your use and access of this site, mobile site, and any software provided herein (together as the “Service”). Please read this ToU before using the Service.

By accessing or using the Service, you agree to be bound by this ToU and by our Privacy Policy, whether or not you are a registered user of our Service. This ToU applies to all visitors, users, and others who access the Service (“Users”).
I. Content
a. Your Content: You may be allowed to post content on the Service such as stories, photos, videos, and comments. Any content you post or display or make available is referred to as “User Content.” You own your content.
b. BallsofMoss’ Content: You own all of your User Content and you are responsible for any actions you take with it. By making your content available on the Service, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, modify, reproduce, display and distribute your User Content on the Service for the purposes of operating and providing the Service to you and our Users (“User Content License”). You also hereby grant to BallsofMoss and to each User of the Service, a non-exclusive license to access, use, reproduce, distribute and display your User Content as permitted by the functionality of the Service. You understand and agree that the BallsofMoss Service is available to the public, and other Users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service. BallsofMoss assumes zero responsibility for any consequences of your actions.
c. Intellectual Property: Intellectual Property is defined as all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
d. Removal of Content: BallsofMoss will attempt to monitor and uphold the rights of you and other Users of the Service. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates the ToU.
e. Your Responsibility: You must only post content that does not violate any law nor infringe on any rights of any entity- including Intellectual Property Rights, copyrights, patents, or trademarks. We take no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that BallsofMoss shall not be liable for any damages you allege to incur as a result of User Content.

II. License
a. BallsofMoss provides you a limited license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. We may terminate this license at any time for any reason or no reason.
b. Content: Except for User Content, all materials on the Service and the Service itself and all Intellectual Property Rights contained therein or related thereto, are the property of BallsofMoss and/or its licensors (together “BallsofMoss Content”). Except as expressly provided in this ToU, you may not sell, license, modify, copy, or otherwise exploit the BallsofMoss Content without our permission.

III. Service
a. You may use our Service if you agree to form a binding contract in compliance to this ToU and all applicable laws. Any use of the Service by anyone under 13 is prohibited.
b. The Service may be changed in any way without prior notice, including removal of content or features. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this ToU, or for no reason. Upon termination of your use of the Service, you continue to be bound by this ToU.
c. Your use of the Service means you agree to the entirety of this ToU.

IV. Privacy
Please read our Privacy Policy. By using the site or Services, you agree to have some personally identifiable information disclosed to our data services to be stored and processed. BallsofMoss cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

V. Links
a. The Service contains links to other sites, advertisers, services, offers, or other entities that are not owned by BallsofMoss. We do not endorse any of these sites and assume zero responsibility for your access to these sites and their products, services, content, or other materials. If you access another site through our Service, you do so at your own risk. We take no responsibility for your actions. You expressly relieve BallsofMoss from all liability from your use of links on our Service.

VII. Indemnity
You agree to defend, indemnify and hold harmless BallsofMoss and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

VIII. Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BallsofMoss, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
BallsofMoss DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BallsofMoss SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BallsofMoss WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. BallsofMoss MAKES NO GUARANTEE FOR ANY CONTENT ON THE SERVICE. ACCURACY, TRUTHFULNESS, AND OTHER FACTS ARE NOT GUARANTEED TO BE NON-FICTION IN ANY MANNER. THE CONTENT IS PROVIDED AS IS. NO LIABILITY IS TAKEN FOR YOUR USE AND CONSEQUENCES OF THE SERVICE. NO GUARANTEES ARE MADE OF ANY KIND FOR ANY REASON. YOU USE THE SERVICE AND SITE AT YOUR OWN RISK.

We do NOT guarantee the accuracy of any content provided on the site (text, media, product descriptions, shipping times, product quality, etc.). Best practices for marimo moss balls are constantly changing, and so are product quality, suppliers, and delivery times. You must do your own research and use your own best judgement. Utilize the site at your own risk. You are responsible for any consequences of any kind as a result, direct or indirect, of your usage with the site and services. We assume zero liability and responsibility of any kind in any way. By using the site/services, you agree that you have acknowledged, agreed to, and abide by this document.

IX. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BallsofMoss, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL BallsofMoss BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BallsofMoss ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BallsofMoss, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BallsofMoss HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. BallsofMoss makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

You agree that: (i) the Service shall be deemed solely based in CA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over BallsofMoss, either specific or general, in jurisdictions other than New York. These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state or federal courts located in Los Angeles, CA for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision below.

X. Updates
BallsofMoss may update this ToU with or without notice. By using the Services, you agree to be bound by this ToU.

Terms of Use was last updated on 6/23/20. We may notify users of updates through email, page banners, and directly on this page. Users are responsible for reading new updates. This page may change with or without notice.

DMCA
Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that fully comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice
Email: copyright@BallsofMoss.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying us and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.