NOTICE TO CALIFORNIA RESIDENTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018:
SPECIFIC DATA RIGHTS PURSUANT TO THE CCPA
THE CATEGORIES OF PERSONAL INFORMATION THAT WE COLLECT FROM YOU.
THE PURPOSES FOR WHICH WE USE YOUR PERSONAL INFORMATION
WHO WE SHARE YOUR PERSONAL INFORMATION WITH AND FOR THOSE PURPOSES.
YOUR RIGHT TO HAVE ACCESS TO YOUR PERSONAL INFORMATION, YOUR DATA PORTABILITY RIGHTS, AND YOUR DELETION REQUEST RIGHTS; AND HOW TO ACCESS THESE RIGHTS
NOTICE REGARDING SALE OF ANY PERSONAL INFORMATION TO A THIRD PARTY
SECTION 1: INFORMATION WE COLLECT.
We collect Personal Information that You provide directly to Us. For example, we may collect Personal Information from You if You:
- provide Us with any data about You through the Company Website or any other Company Program, or via telephone;
- create an account with Us;
- purchase or otherwise request any of the Company’s products or services;
- request any customer support;
- request any exchange or return of any of the Company’s products or services;
- request any information from or about the Company, such as a newsletter, e-alert, or any other information about Our products, services, events or business partners;
- fill out any other information through any Company Program;
- communicate with any other representative of our Company;
- communicate with Us via third party social media sites;
- participate in any contest, promotion or sweepstake;
- apply for a job with the Company; or
- otherwise communicate with Us in any other way.
In these instances, the types of Personal Information that We may collect from You may include:
- Your name;
- Mailing address and/or billing address;
- E-mail address;
- Phone (or mobile) number;
- Date of birth or age;
- Credit or debit card number and other information about the same (if You make a payment either directly to Us or by using a third party payment provider that handles payments and will receive Your payment card information);
- Information about Your bank or checking account (if you make a payment through Your bank transfer);
- Gift card information or related gift information;
- Information You provide when You purchase any of Our goods or services, including product or service parameters or preferences You provided when making a purchase; or
- Information You provide or otherwise involved in the return or exchange of a product, such as information about the transaction, product details, purchase price, and the date and location/media of the transaction;
- Demographic information about you;
- Your user name for their account;
- Income information, any credit rating information, or any related passwords to access this information; and/or
- The history of Your prior purchases of Our goods/services or any records about the foregoing.
- Device Related Information that is Automatically Collected.To make the Company Website more useful to You, Our servers (which may be hosted by a third-party service provider) automatically collect information from or about You, including without limitation Your browser type, hardware models, operating system and version, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), mobile network information, Internet Site provider (ISP), referring/exit pages, domain name, and/or a date/time stamp for Your visit or any other unique identifiers related to Your computer, tablet, phone or any other device You use to access and use the Company Website or any other Company Program (hereinafter collectively referred to as “Device Identifiers”).
- Pixel Tags.In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to users. We do not tie the information gathered by Pixel Tags to Personal Data.
- Flash LSOs.When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies.
- Geo-location Data: Subject to any of Your device permissions, We (or our service providers) may be able to collect information about the precise location of Your device or may gather other general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).
- Social Media Information. If any of Our Company Programs offer any social media features, such as the Facebook “Like” buttons or similar social media interactive mini-programs, these features may collect Your Internet Protocol address, which page You are visiting on Our Company Program, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on Our Company Program. Your interactions with these features maybe governed by the privacy policies of the company providing it (see Section 12 regarding Third Party Sites).
Personal Information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA's scope, such as: (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
SECTION 2: HOW WE USE YOUR INFORMATION.
- Process your purchase transactions, fulfill your orders, process exchanges and returns and send shipping notifications;
- Send support and administrative messages, including without limitation messages or notices about changes to this Company Site or to any other Company Program;
- Send responds to your comments, questions, or customer service requests;
- Communicate with you about products, services, offers, and events offered by Us and others, and provide news and information We think will be of interest to You (if you prefer not to receive promotional communications from Us, you may “Opt Out” at any time by following the “Opt Out” instructions in Section 5.1 herein;
- Monitor and analyze trends, usage, and activities in connection with Our goods or services;
- To conduct credit card screenings or to otherwise protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers or to perform credit checks;
- Personalize Your experience and the advertisements and content You see when You use any Company Program based on Your preferences, interests, and browsing and purchasing behavior;
- For compliance purposes as may be required by applicable laws or regulations or as requested by any judicial process or governmental agency (including without limitation for Company’s tax reporting) or as may be requested under any subpoena;
- To facilitate Your use of various social media sharing features or other integrated tools (such as the Facebook “Like” button) which You may use as part of social media pages;
- To facilitate any contests, sweepstakes, or promotions that We may offer or run and process and deliver entries and rewards;
- To carry out any other purpose described to You at the time the Personal Information is collected;
- To use with, or otherwise distribute, share or disclose to, any of the Company’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals or to otherwise carry out Our business; or
- To use with, or otherwise distribute, share or disclose to, any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law or regulation (including without limitation tax reporting).
- We may use your Personal Information in connection with or during any negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of Our business or assets or any insolvency, bankruptcy or receivership of Our business or assets.
2.2.1 We will use or share Your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, We consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information for an unrelated purpose, We will notify You and We will explain the legal basis which allows Us to do so.
SECTION 3: SHARING OF INFORMATION
We may distribute, share or disclose Personal Information about You as follows or as otherwise described herein:
- Affiliates and Subsidiaries. We may disclose Your Personal Information with our patent company, subsidiaries, joint ventures, other companies under a common control or any other affiliates (collectively, “Affiliates”) for any of the purposes described herein.
- Service Providers. We may share or disclose Your Personal Information with Our service provides or other third party vendors that We retain in connection with the provision of the Company Programs, including without limitation the following types of service providers that We may engage:
- Email, internet or other telecommunication service providers;
- Cloud, other data storage, or other hosting service providers;
- Third party payment service providers, including without limitation third party credit card processors (see Third Party Application Providers below);
- Analytics companies who assist Us with various types of data analytics (see Analytics Partners below);
- Third parties shippers; or
- Other third party contractors we engage to assist Us in providing Our goods and services.
- Third Party Application Providers. If a third-party application is used to support Our Company Programs, We may share or disclose Your Personal Information to such third party application providers, including without limitation third party credit card processors or other third party payment service providers.
- Analytics Partners. We may use analytics services provided by a third party analytics service provider or by using one of their tools, such as but not limited to Google Analytics, to collect and process certain analytics data. These services may also collect data about Your use of other websites, apps, and online resources.
- Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing or advertising purposes; or (iii) to assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs.
- Advertising Partners. We may work with third party advertising/marketing companies or third party sales reporting companies or third party sales representative organizations (collectively, “Advertising Partners”) in order to provide You with advertisements or other information that We think may interest You. These Advertising partners may set or access their own cookies, pixel tags or similar technologies on our Company Programs or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising partners may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by the Advertising Partner.
- Social Media Features. The Company Programs may offer social media features, including certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
- As Required By Law, Subpoena or Similar Government Order. We may access, preserve, share, or disclose Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to Your requests; or (iv) protect Your, Our, or others’ rights, property, or safety. We may also disclose your Personal Information when it may be necessary for other legitimate purposes as reasonably determined by Us. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
- Company’s Outside Professional Advisors. We may share or disclose Your Personal Information with any of the Company’s Outside Professions (as defined in Section 2.1 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.
Consent. We may also share or disclose Your Personal Information with your permission.
SECTION 4: ADDITIONAL RIGHTS OF CALIFORNIA RESIDENTS UNDER THE CCPA
Each User has the right to request that the Company disclose certain information to You about the Company’s collection and use of Your Personal Information over the past 12 months. Once the Company receives and confirms Your verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will disclose to You (per your request):
- The categories of Personal Information We collected about You.
- The categories of sources for the Personal Information We collected about You.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom We share that Personal Information.
- The specific pieces of Personal Information We collected about You (also called a data portability request).
- If We sold or disclosed your Personal Information for a business purpose; two separate lists disclosing:
- Sales (if any), identifying the Personal Information categories that each category of recipient purchased; and
- Disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Each User has the right to request that the Company delete any of Your Personal Information that the Company collected from You and retained, subject to certain exceptions. Once the Company receives and confirms Your verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will delete (and direct our service providers to delete) Your Personal Information from our records, unless an exception applies. However, the Company may deny Your deletion request if retaining the information is necessary for the Company or its service provider(s) to:
- Complete the transaction for which We collected the Personal Information, provide a good or service that You requested, take actions reasonably anticipated within the context of Our ongoing business relationship with You, or otherwise perform Our contract with You;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us; or
- Comply with a legal obligation; or
- Make other internal or lawful uses of that information that are compatible with the context in which You provided it.
4.3 EXERCISING YOUR ACCESS, DATA PORTABILITY, AND DELETION RIGHTS
To exercise the access, data portability, deletion rights, and other rights described in this Section 4, the User must submit a verifiable consumer request to the Company by either:
- Calling the Company at the toll-free number (833) 421-0365
- Emailing the Company at: firstname.lastname@example.org
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable consumer request to the Company related to Your Personal Information. You may also make a verifiable consumer request on behalf of Your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows the Company to reasonably verify that You are the person about whom We collected Personal Information or an authorized representative.
- Describe Your request with sufficient detail that allows the Company to properly understand, evaluate, and respond to it.
The Company cannot respond to Your request or provide You with Personal Information if the Company cannot verify Your identity or authority to make the request and confirm the Personal Information relates to You. Making a verifiable consumer request does not require You to create an account with us. The Company will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
If You send a verifiable consumer request to Us as set forth in Section 4.4 above, the Company will endeavor to respond to such verifiable consumer request within forty-five (45) days of its receipt. If We require more time (up to a total aggregate of 90 days), the Company will inform You of the reason and extension period in writing. If You have an account with Us, We will deliver our written response to that account. If You do not have an account with Us, We will deliver Our written response by mail or electronically. Any disclosures We provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response We provide will also explain the reasons We cannot comply with a request, if applicable. For data portability requests, We will select a format to provide Your Personal Information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to Your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If We determine that the request warrants a fee, We will tell You why We made that decision and provide You with a cost estimate before completing Your request.
The Company will not discriminate against You for exercising any of Your rights under the CCPA. Unless permitted by the CCPA, We will not:
- Deny You goods or services;
- Charge You different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide You a different level or quality of goods or services; or
- Suggest that You may receive a different price or rate for goods or services or a different level or quality of goods or services.
SECTION 5: CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION
5.1 OPT-OUT FROM RECEIVING INFORMATION FROM THE COMPANY.
Do Not Track is a privacy preference that Users can set in their web browsers. When a User turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. AT THIS TIME, WE DO NOT RECOGNIZE OR RESPOND TO DO NOT TRACK BROWSER SETTINGS OR SIGNALS AND WE WILL STILL RECEIVE INFORMATION. AS A RESULT, WE MAY STILL COLLECT INFORMATION ABOUT YOU AND YOUR INTERNET ACTIVITY, EVEN IF YOU HAVE TURNED ON THE DO NOT TRACK SIGNAL.
It is possible that some or all of our third-party advertising partners or members of their affiliate network may participate in a consumer opt-out programs. To learn more about internet-based advertising and consumer opt-out programs go to http://aboutads.info/choices/ or http://www.networkadvertising.org/choices/. We do not operate or control these sites, and are not responsible for the opt-out choices available there.
5.2 TEXT MARKETING & NOTIFICATIONS
By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.
SECTION 6: YOUR U.K. PRIVACY RIGHTS
Users from the U.K. have the right to ask us to amend or limit the processing of their Personal Data, (as defined by U.K. law) and in particular not to process their Personal Data for marketing purposes. We will inform You (before collecting your personal data) if We intend to use Your Personal Data for such purposes or if We intend to disclose Your Personal Data to any third party for such purposes. You can exercise Your rights to prevent such processing by checking certain boxes on the forms We use to collect Your Personal Data. You can also exercise the right at any time by contacting us at: email@example.com. The U.K. Data Protection Act 1998 ("the DPA 1998") gives users from the U.K. the right to access information held about you. Your right of access can be exercised in accordance with the DPA 1998. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about You.
SECTION 7: INTERNATIONAL TRANSFERS OF INFORMATION
- Right not to provide or withdraw consent: You have the right not to provide or withdraw your consent at any time.
- Right of access: You may have the right to access the Personal Data that you provided us.
- Right of erasure: You may have the right to the erasure of Personal Data that we hold about you.
- Right to object to processing: You may have the right to request that Hired stop processing your Personal Data and/or to stop sending you marketing communications.
- Right to rectification: You may have the right to require us to correct any of your Personal Data
SETCTION 8: INFORMATION SECURITY AND CONFIDENTIALITY
We maintain (and requires Our subcontractors and service providers to maintain) appropriate organizational and technical measures designed to protect the security and confidentiality of any information We process. However, no organizational or technical measures are 100% secure so You should take care when disclosing information online and act reasonably to protect Yourself online.
SECTION 10: USER RESPONSIBLE FOR UPDATING USER’S OWN PERSONAL INFORMATION; COMPANY CONTACTING USER.
Users are solely responsible for correcting, updating, or modifying any and all of the User’s Personal Information as it appears in, and as otherwise stored or contained in, any Company Program. Without in any way limiting the foregoing, User acknowledges and agrees that the Company does not have an obligation to maintain the accuracy or completeness of any of Personal Information provided by the User to the Company, including such Personal Information once it is stored, described or otherwise contained in the Company Website or in any other Company Program.
Your right to access or correct Your Personal Information is subject to applicable legal restrictions. We may take reasonable steps to verify Your identity before granting access or making corrections.
If we need, or are required, to contact you concerning any event that involves your Personal Information We may do so by e-mail, telephone, or mail.
SECTION 11: LINKS TO, AND USE OF, OTHER WEBSITES.
The Company Website or other Company Programs may now or in the future provide links or other access to Internet websites, forums or other programs which are not under the Company’s sole control and not solely owned by the Company (collectively referred to as “Third Party Sites”). If a User clicks on a link to, or otherwise gains access to, any such Third Party Site, the User will be transported to one of these Third Party Sites.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. THE COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD PARTY SITES.
Any link to any Third Party Site from the Company Website or any other Company Program does not imply any endorsement of the privacy practices of such Third Party Site by the Company, and no such Third Party Site is authorized to make any representation or warranty on our behalf.
SECTION 12: MINORS.
Our Company Site is not directed to children under 18. If a parent or guardian becomes aware that his or her child has provided us with personal or contact information without their consent, he or she should contact Us at firstname.lastname@example.org. If We become aware that a child under 13 has provided us with personally identifiable information, We will delete such information from our files immediately.
SECTION 14: SUSPICIOUS E-MAILS
We typically do not request Your password, username, credit card information or other Personal Information through e-mail. For Your protection, do not click links or open any files attached to suspicious, unsolicited e-mails.
SECTION 15: CONTACT INFORMATION
Santa Monica Office
1447 Cloverfield Blvd.
Santa Monica, CA 90404
LAST REVISED: [05/25/2018]
You can purchase merchandise, view our catalogs, learn about our promotions, sign up as a VIP and/or communicate with us through the Site. Certain features of the Site require you to create an account. To register you must create a user account by providing a valid e-mail address and creating a unique password (“Account”). When you acquire merchandise as a guest or through your Account you warrant that all information used in connection with the Site and acquisition of merchandise is accurate and true. You are solely responsible for: (i) maintaining the confidentiality of your Account user name and password; (ii) ensuring all information used in connection with the Site is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
- PURCHASING PRODUCTS
You must provide us with your full legal name, an active telephone number, a valid credit card and current address to purchase merchandise through Site. We will send you a confirmation e-mail confirming that your order has been processed and that payment was received and will promptly ship products to the address designated within our approved domestic or international shipping requirements. Occasionally, we may require verification of information prior to the acceptance and/or shipment of an order.
- ORDER RESTRICTIONS AND RISK OF LOSS
Merchandise acquired from us is not intended for re-sale. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. The risk of loss for purchased product(s) passes from us to you as soon as we provide the carrier the purchased product(s). As a result, you will need to file claims directly with the carrier for any loss or damages that occurred while the purchased product(s) were in the possession of the carrier. You can check the status of your order by logging into your Account at: https://www.nakedcashmere.com/account or by reviewing the e-mail order confirmation sent to you when your order was successfully processed.
From time to time we may make sweepstakes, contests, or other promotions available through our Site (“Promotion”) that require you to register and/or accept the terms and conditions associated with the same. Please review the applicable rules, terms, and/or disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
- RETURNS AND EXCHANGES
All returns are subject to our return policy located here.
- LICENSE AND USE RESTRICTIONS
- Site. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Site as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
- Your Content. You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i) make the Site available to you; (ii) manage your Account; (iii) address questions and issues; and (iv) process purchases. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
- Restrictions. You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following:
- Use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site;
- Gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
- Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
- Reverse look-up, trace or seek to trace any information on any other visitor to the Site, or any other customer of Company, including any Account that is not held by you;
- Take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
- Use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site;
- Not to make any false or misleading statements in connection with your use of the Site;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Use our Site in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Advertise or offer to sell or buy any goods or services for any business purpose;
- Restrict or inhibit any other user from using and enjoying the Site;
- Violate any applicable laws or regulations; and/or
- a false identity for the purpose of misleading others.
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF OUR SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.
- INTELLECTUAL PROPERTY RIGHTS
The design of the Site and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Our Content"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distributing any of Our Content contained within the Site.
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Site user friendly and accessible to visitors with disabilities. WCAG principals provide for website content to be perceivable, operable, understandable, and robust. We have a team of dedicated professionals who regularly evaluate the content of our Site in relation to WCAG’s recommendations and who accordingly assist with operationalizing the same. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Site.
Please contact us by e-mail at email@example.com or by phone at (833) 421-0365 (Monday through Friday, from 8 a.m. to 6 p.m. PST) for assistance with placing an order or Site accessibility.
- DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED TO YOU AS IS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE WILL BE CORRECTED.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
- LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You agree to defend and indemnify us and our employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of the Site; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of the Agreement or your use of the Site: 7(c), 8, 10, 11, 12, 13 and 20.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
- THIRD PARTY LINKS
Our Site incorporates links to third-party websites. Some third-party websites may collect data or solicit personal information from you. We neither own nor control such third-party websites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third-party website that may be linked to our Site.
By providing your e-mail address to us or creating an Account you consent to receiving e-mails from us and from our third-party providers and affiliates. These parties may send you e-mails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these e-mails at any time by clicking on the “unsubscribe” link included in any e-mail or by contacting us via e-mail at firstname.lastname@example.org with the word “UNSUBSCRIBE” in the subject line.
- NOTICE OF ARBITRATION
Arbitration is a form of alternative dispute resolution and is often considered a faster, more convenient, and less expensive way to resolve disputes. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. However, if those efforts fail, then any and all complaints, disputes, disagreements, controversies or claims arising from or relating to this Agreement or related to any services rendered shall be settled exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the "Applicable Rules"). You agree to bring any dispute in Arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, you hereby waive any right to a jury trial or to participate in a class action against the Company. In addition, you agree that the Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights. No demand for Arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations.
The Arbitration tribunal will consist of one arbitrator. Arbitration will be held in a location mutually agreed to by the parties (including by written submissions, telephone, or video conference), but if the parties cannot mutually agree to the final location, then JAMS will determine the location. Moreover, you will not have the right to bring or participate in any class action or similar proceeding in court or in Arbitration. The prevailing party shall bear any and all Arbitration-related costs, fees, and expenses.
The Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles. The Arbitrator shall not have the power to consolidate or join the claims of other persons or parties who may be similarly situated and shall not have the power to award punitive damages. If any part of this Notice of Arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this Notice of Arbitration provision shall remain in effect. Nevertheless, nothing herein shall prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction.
To begin an Arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent:
Attn.: Legal Counsel
Re: Arbitration Request
Santa Monica Office
1447 Cloverfield Blvd.
Santa Monica, CA 90404
THIS NOTICE OF ARBITRATION PROVISION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
Infringement Notification: If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:
- your contact information (i.e. name, e-mail address, telephone number, and address);
- a description of the copyrighted work of concern;
- a link to the location(s) on the Site of the copyrighted work of concern;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).
The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows:
Attn.: Legal Counsel – DMCA Agent
RE: DMCA NOTICE
Santa Monica Office
1447 Cloverfield Blvd.
Santa Monica, CA 90404
Counter-Notice: If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- Your contact information (i.e. name, e-mail address, telephone number, and address), a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
- Your physical or electronic signature.
If a DMCA Counter-Notice is received by our Designated Agent, then Company may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at the sole discretion of Company.
If you have any questions about this Agreement please contact us at:
Santa Monica Office
1447 Cloverfield Blvd.
Santa Monica, CA 90404