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TERMS AND CONDITIONS

Customer Care

1. Introduction

Please read these terms of use (“Terms”) for the website www.famousflamesstore.com (the “Web Site”) carefully. If you do not accept these Terms, do not use this Web Site. Using this Web Site means you automatically agree to be bound by these Terms. John Luongo Management LLC, DBA (“Famous Flames Store”) may revise these Terms at any time. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms will mean you accept those changes. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the Web Site for any reason.

2. Use of Material

The contents of this Web Site, such as text, graphics, images and other material (“Material”), are owned by John Luongo Management LLC DBA Famous Flames.  The Trademark 'The Famous Flames' is owned and registered by Sandra Bennett, wife of Bobby Bennett one off the original Famous Flames, and its affiliates, licensors and vendors, and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.

 

Famous Flames Store authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. You may not use the Material on any other web site or in a networked computer environment for any purpose.

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You may not copy or adapt the HTML or other code that Famous Flames Store uses to generate its pages.

You may not, without the prior written permission of Famous Flames Store use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages, data, or content found on the Web Site or accessed through the Web Site.

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3. Acceptable Site Use

General Rules: You may not use the Web Site to transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, or hateful.

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Security Rules: You may not violate or attempt to violate the security of the Web Site or use the Web Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing,” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Red Bottom Decor packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Famous Flames Store may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site who are involved in such violations.

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Specific Prohibited Uses: Famous Flames Store specifically prohibits any use of the Web Site, and you agree not to use the Web Site, to:

  • distribute or otherwise publish, without Famous Flames Store’s approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;

  • solicit other users of the Web Site to join or become members of any commercial online service; or

  • delete or revise any material posted by any other person or entity.

 

4. User Information

If Famous Flames Store asks you to register on or for the Web Site, you will be asked to provide Famous Flames Store with certain information including, without limitation, a valid email address (your “Information”). Please see Famous Flames Store’s Privacy Policy for further details regarding Famous Flame Store’s use of your Information.
 

5. User Submissions

If you use the Web Site, you are responsible for your own communications and the consequences of your postings. In addition, you shall not:

  • post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;

  • post material that reveals trade secrets, unless you own them or have the permission of the owner;

  • post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

  • post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;

  • post a sexually-explicit image or statement;

  • post advertisements or solicitations of business without Famous Flames Store’s approval;

  • post chain letters or pyramid schemes; or

  • impersonate another person.

 

Famous Flames Store does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by another user will be at your own risk.

Famous Flames Store has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified of communications that allegedly do not conform to these Terms, Famous Flames Store may investigate that allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Famous Flames Store has no liability or responsibility to users for performance or non-performance of such activities. Famous Flames Store reserves the right (i) to expel users and prevent their further access to the Web Site for violating these Terms or the law, and (ii) to remove communications that do not conform to the provisions of these Terms.

If you submit any material or content to the Web Site in any manner (“Content”), you grant Famous Flames Store and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the Content (the “License”). You also warrant that the holder of any rights, including moral rights in the Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the License. You also permit any user of the Web Site to access, display, view, store, and reproduce the Content for personal use. Subject to the foregoing, the owner of the Content placed on the Web Site retains any and all rights that may exist in the Content. You acknowledge that you are solely responsible for the form, content, and accuracy of any Content you place directly or indirectly on the Web Site.

6. Registration and Password

You are responsible for maintaining the confidentiality of your information and any password. You are responsible for all uses of your registration, whether or not authorized by you. You shall immediately notify Famous Flames Store of any unauthorized use of your Information, registration, or password.

7. Famous Flames Store Liability

The Material may contain inaccuracies or typographical errors. Famous Flames Store makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice.

FAMOUS FLAMES STORE DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FAMOUS FLAMES STORE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FAMOUS FLAMES STORE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. FAMOUS FLAMES STORE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.

8. Disclaimer of Consequential Damages

IN NO EVENT WILL FAMOUS FLAMES STORE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FAMOUS FLAMES STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Links to Other Sites

To the extent the Web Site contains links to third party web sites, such links are provided solely as a convenience to you and not as an endorsement by Famous Flames Store of the content on such third-party web sites. Famous Flames Store is not responsible for the content of any linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.

10. Limitation of Liability

The aggregate liability of Famous Flames Store to you for all claims arising from the use of the Materials or any other use of the Web Site is limited to $10.

11. Termination

If you breach any of these Terms, Famous Flames Store reserves the right, at its sole discretion, to immediately terminate your registration with, or ability to access, the Web Site, any Material, and/or any other service provided to you by Famous Flames Store.

12. Indemnity

You shall defend, indemnify, and hold harmless John Luongo Management LLC, DBA Famous Flames Store, its affiliates, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees (whether incurred as the result of a third-party claim or a claim to enforce this Term), alleging or resulting from your use of the Material or the Web Site or your breach of any of these Terms. Famous Flames Store will notify you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding.

13. General

Famous Flames Store makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. Jurisdiction of any claims arising under these Terms will lie exclusively with the state or federal courts within Horry County, South Carolina. If any Term is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in an end user software license, or in a “Legal Notice” or other statement by Red Bottom Decor on the Web Site, these Terms constitute the entire agreement between you and Famous Flames Store with respect to the use of Web Site.

Privacy & Safety

This is the only OFFICIAL STORE OF "THE FAMOUS FLAMES" name and values our customers and respects your privacy. We collect information about you on our website in an effort to improve your shopping experience and to communicate with you about orders, services, and products. This policy describes how we collect and use your personal information and applies to information we collect about you in our stores, and through our websites and mobile applications (collectively, the “Sites”). By using any of our Sites, or sharing your contact information with us, you are accepting and consenting to the practices described in this privacy policy.

As a part of our commitment to your privacy, Famous Flames Store adheres to the guidelines and practices adopted by the Direct Marketing Association’s Privacy Promise to American Consumers. We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale, or exchange with other marketers; (2) honor customers’ requests not to share their contact information with other marketers; and (3) honor customers’ requests not to receive mail, telephone, or other solicitations from Famous Flames Store.

 

HOW TO CONTACT FAMOUS FLAMES

Our postal address is 4266 Congressional Dr., Myrtle Beach, SC 29579. We can also be reached via email at sales@famousflamesstore.com.

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WHAT PERSONAL INFORMATION DOES FAMOUS FLAMES​ STORE COLLECT?

When you visit our Sites, we may collect and use personally identifiable information about you, as well as other usage information. We collect information in the following ways:

  • Information You Give Us Directly by filling in forms on our Sites. This may include name, postal address, email address, telephone number, or similar information that can be used to identify you and is defined as personal or personally identifiable information under applicable law. If you ask to be placed on our email list, we will collect your email address; providing any other information is voluntary. We may also maintain a record of your product purchases.

  • Information We Get from Your Visit to the Sites and the resources that you access—including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, browser type, the date and time you accessed or left the Sites, and which pages you viewed. Some parts of our Sites use cookies, tags and scripts, or other technologies to collect this information about your general internet usage. See the section below called “Use of Tracking Technologies” to learn more.

  • Information Provided to Us When You Communicate with Us for any reason, including information you provide in emails you send us, responses to surveys, and search queries.

  • Payment Information. We may collect and process payment information from you when you place an order with us, including credit card numbers and billing information, using third-party PCI-compliant service providers. Except for this, we do not collect any financial information from you.

  • From Third Party Sites. If you access any of our Sites with your log-in credentials from a social networking site (e.g., Facebook or Twitter) or if you otherwise agree to associate your account with us with a social networking site, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. We may add this information to the information we have already collected from you via our Sites.

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HOW DO WE USE YOUR INFORMATION?

We use the information we collect from you primarily to enable us to provide our services in the best possible manner. We only use this information in compliance with this Privacy Policy.

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Use of Personal Information

In addition to the uses identified elsewhere in this Privacy Policy, we may use your personal information to:

  • Acknowledge your order;

  • Confirm when your order ships;

  • Send other updates about your order;

  • Provide information about product delivery and backorders;

  • Confirm that we received returned merchandise or processed a merchandise return transaction;

  • Respond to any requests you may have;

  • Notify you about changes to the Sites;

  • Improve your browsing experience by personalizing the Sites; or

  • Notify you of new products, promotions, and upcoming sales and events.

We may also use your personal information for any other purpose with your consent.

To serve you better, we may combine information you give us online, in our stores or through our catalogs. We may also combine that information with publicly available information and information we receive from or cross-reference with others. We use that combined information to enhance and personalize the shopping experience of you and others with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

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Use of Tracking Technologies

We may use various technologies to collect and store information when you visit the Sites.

A cookie is a small data file that is placed on the hard drive of your computer when you visit a web site When you visit our web sites, we send one or more cookies to your computer or other device. We may also use cookies in emails that you receive from us. A session cookie expires immediately when you end your session (i.e., close your browser). A persistent cookie stores information on the hard drive so when you end your session and return to the same web site at a later date the cookie information is still available. Generally, we use cookies to improve the quality of our service when you visit our Sites and other web sites of interest to you. We also use cookies to remind us of who you are, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our web sites and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns.

Certain of our partners may use cookies and collect information on our behalf. They are prohibited by our contract with them from sharing that information with anyone other than us or our other service providers. However, we respect your right to choose whether to be included in such services.

To learn more or opt out from these companies you can visit networkadvertising.org. In addition, in connection with the services that they provide to us, certain of our partners may work with third parties who may use cookies to collect anonymous information to tailor advertising for you and others elsewhere on the Internet and in direct mail. These partners may also combine your email information with other information they have access to such as mailing address so that Famous Flames Store may serve relevant marketing offers to you via email and direct mail. These third parties do not have access to any contact information about you.

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If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our web sites or other services may not work if you delete or disable cookies. 

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Use of Credit Card Information

If you give us credit card information, we use it solely to place orders from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.

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HOW DO WE SHARE YOUR INFORMATION?

We may share your personal information as follows:

We may share your personal information with trusted third parties or our affiliates to:

  • Assist us in providing our services to you, including credit card processing, shipping, data management, promotional services, etc.; or

  • Serve ads and/or collect certain anonymous identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you.

These companies typically use a cookie or third-party web beacon to collect this information. Our systems do not recognize “Do Not Track” signals, but several of these third-party companies who utilize these cookies or beacons on our web sites enable you to opt out of this behavioral advertising. You can learn more about this or choose not to have this information used by our trusted third-party advertising partners.

We may share personal information with third-party marketing partners for commercial purposes.

When you provide us with personal information, we may also use and share your personal information to contact you, including via email, to thank you for providing your request, to conduct satisfaction surveys, or for other administrative purposes related to your request.

In certain instances we may disclose your personal information to third parties if we have a good faith believe that disclosure is necessary to:

  • Comply with applicable laws, regulations, legal process (such as a subpoena), or enforceable government request;

  • Enforce applicable Terms of Service, including investigation of potential violations of such Terms, or to detect, prevent, or otherwise address fraud, security, or technical issues; and

  • Protect against harm to the rights, property, or safety of Famous Flames Store, our visitors, or the public as required or permitted by law.

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CHOICE

Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. Therefore, upon request, we will provide you with information about whether we hold any of your personal information. If you provide us with your personal information, you may:

  • Review the information that you have supplied to us;

  • Request that we correct any errors, outdated information, or omissions in user information that you have supplied to us;

  • Request that your information not be used to contact you;

  • Request that your information be removed from any solicitation list that we use; or

  • Request that your information be deleted from our records.

  • Request that your personal information be opted out of third-party sharing.

To request any of the above, please email us at sales@famousflamesstore.com. Please put “Exercise Personal Information Request” in the subject line.

Opting Out of Email

If you only want to get emails from us about your order and not about sales and special events, please unsubscribe from our email updates by clicking the “unsubscribe” link present at the bottom of every email update for immediate removal from the list. You can also send us an email at the above address, or write to us at the above address; please note that it may take up to five days for your email removal request to be processed this way.

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Opting Out of Postal Mail

If you have made a purchase from us or if you supply us with your postal address on-line, you may receive periodic mailings from us related to new products and services, upcoming events or printed catalogs. Please be assured we only want to communicate with you only if you want to hear from us. If you do not wish to receive such mailings, please let us know by emailing us at the above address, or by writing to us at the above address.

If you are on our mailing list, from time to time you may receive mailings from other reputable companies with which we may share this information. If you do not wish to receive such mailings, you can have your name put on our do-not-share list by emailing us at the above address, or by writing to us at the above address. Please provide us with your exact name and address. We will be sure your name is removed from the list we share with other organizations.

Please note: If you request to be added to our do-not-share list, you will still receive our catalogs unless you specifically request to be removed from our mailing list as well. We consider these as separate requests.

Please note that it may take up to 8-10 weeks for your postal mail removal request.

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Updating Your Personal Information

If you are a registered user of our Sites, click on the “my account’ button located at the top of every page to modify your profile. To change your email address or preferences, please visit the email preference center. You can always email our customer service department with any requests or changes.

Upon request we provide site visitors with access to contact information (e.g., name, address, phone number) that we maintain about them. Consumers can access this information by emailing us at the above address or by writing to us at the above address.

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SECURITY

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our web sites use Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.

We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.

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LINKS TO THIRD-PARTY WEB SITES

Our Sites may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked web sites may be different from our privacy policy. You access such linked web sites at your own risk. You should always read the privacy policy of a linked web site before disclosing any of your information on such web site.
 

INFORMATION ABOUT CHILDREN

The Sites are not intended for or targeted to children under thirteen (13), and we do not knowingly or intentionally collect information about children under thirteen. If you believe that we have collected information about a child under thirteen, please contact us immediately so that we may delete the information.​​

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GENERAL DATA PROTECTION REGULATION

If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

To exercise any of these rights, contact us as set forth in the section entitled “How to Contact Famous Flames Store” above and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority.

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POLICY CHANGES

If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our Sites, as applicable. Those changes will go into effect on the effective date posted in the notice and at the end of the revised privacy policy. The new policy will apply to all current and past users of our Sites and will replace any prior policies that are inconsistent. Your continued use of our Sites or other services constitutes your acceptance of the practices described in the revised privacy policy.

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If you feel that this web page is not following its stated information policy, you may contact us at the above addresses.

Effective Date: April 1, 2023

Payment Methods

- Credit / Debit Cards
- PAYPAL

- Offline Payments

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