PRIVACY POLICY AND CONDITIONS OF USE
By registering with VelvetTAG.com, you accept the policies and conditions stated below.
Terms of Use
Welcome to VelvetTAG.com. VelvetTAG.com and its affiliates provide their service to you subject to the following conditions:
VelvetTAG.com provides this Terms of Use ("Agreement") to you as a user of VelvetTAG.com. By using VelvetTAG.com, you are indicating your willingness to be bound by all of the terms of this Agreement. If you do not wish to be bound by this Agreement, please do not use VelvetTAG.com. We reserve the right to change the terms and conditions of this Agreement at any time and without prior notice to you, but such changes will be effective only when they are posted to this site. You agree to be bound by all of the terms of this and all future Agreements, as long as you use VelvetTAG.com. By registering to become a member of VelvetTAG.com ("Member"), you attest that all information provided by you in the registration is true and accurate. To become a Member, you must provide some of the information requested in the registration form. VelvetTAG.com reserves the right to modify or discontinue VelvetTAG.com at any time without notice to you. Any such modifications or termination of service announcements will be posted to the web site.
Information and Data Collection
VelvetTAG.com collects and may track (1) the e-mail addresses of member visitors that communicate with VelvetTAG.com via e-mail, (2) information knowingly provided by the visitor in online forms, registration forms, order forms, surveys, e-mail, the “Contact Us” section of the Site, other inquiries visitors may make through the Site, and other online avenues (including, but not limited to, information such as demographic, business profile, and personal profile data), (3) the home server domain names, e-mail addresses, type of client computer, search engine used, operating system, and type of Web browser of member visitors to the Site, and (4) aggregate and user-specific information regarding which pages Site member visitors access.
Personal data collected by VelvetTAG.com may be used by VelvetTAG.com for many reasons, including but not limited to, editorial and feedback purposes; improving your shopping experience; communicating with you about products, promotions, services, and contests; maintaining your account; administration and review of the Site content; product development; content improvement; fulfillment of a requested transaction or recordkeeping; marketing and promotional purposes; statistical analysis of users’ behavior; customize the content and layout of the Site. Aggregate data regarding member visitors’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to VelvetTAG.com may be added to VelvetTAG.com’s databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events. VelvetTAG.com also may use member visitor data to contact the member visitors regarding account status and changes to the Web Site Terms and Conditions, Online Agreement, Privacy Statement, and any other policies or agreements relevant to member visitors. Additionally, VelvetTAG.com may send members electronic mail regarding billing, administrative, or legal matters relating to the Site or services available or provided via the Site or notifying you of special offers or promotions.
VelvetTAG.com's Rights Regarding Member Content
VelvetTAG.com does not claim ownership of the Member Content you place on VelvetTAG.com. Except as limited and regulated by our Privacy Policy, by placing content on VelvetTAG.com you grant VelvetTAG.com an unlimited license to republish, reproduce, modify and adapt the Member Content for the purpose of administering and promoting VelvetTAG.com.
While VelvetTAG.com does not and cannot review all transmissions by Members, you acknowledge that VelvetTAG.com reserves the right to, and may from time to time, monitor any and all information transmitted or received through VelvetTAG.com. VelvetTAG.com, at its sole discretion and without further notice to you, may review, remove or prohibit Member Content that VelvetTAG.com deems inappropriate or that violates any term or condition of this Agreement.
VelvetTAG.com Content
VelvetTAG.com content is defined as any information, data, text, messages, articles, software, methods or processes, photos, graphics, and any other material or services that are found on VelvetTAG.com, excluding Member Provided content. By accepting this Agreement, you agree that all VelvetTAG.com content is the sole property of VelvetTAG.com and VelvetTAG.com and its licensors shall retain all right, title and interest in and to the content, which may not be reproduced without prior written consent of VelvetTAG.com. All VelvetTAG.com content herein is protected under U.S. and international copyright, trademark and other laws and is only intended for the personal use of the Members.
Member Conduct
You agree to use VelvetTAG.com for lawful purposes only. You may not use, or allow others to use, your VelvetTAG.com membership, either directly or indirectly, to:
-Post or transmit any content that is illegal, abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing or defamatory;
-Post or transmit any matter that you do not have a right to transmit under law (such as copyright-protected material) or under contractual or fiduciary relationships (such as nondisclosure agreements);
-Harass or threaten any Member of VelvetTAG.com or any other person or entity;
-Harm minors in any way;
-Post, transmit, promote, link to or facilitate the distribution of any content that can be construed as libel, slander, harassment, hate speech, obscenity, pornography, drugs, or cruelty to animals;
-Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including the forging of headers or other manipulation of identifiers in order to disguise the origin of any content or transmission source;
-Post, transmit or facilitate the transmission of statements that are intentionally false or misleading;
-Post, transmit or facilitate the transmission of chain letters or pyramid schemes;
-Post, transmit or facilitate the transmission of any unsolicited advertising, promotional materials or other forms of solicitation;
-Offer, sell or purchase any registered or unregistered securities;
-Violate any software license agreement;
-Violate any applicable local, state, national, international or foreign law or regulation;
-Post or otherwise transmit software viruses or other computer code, files or programs designed to inhibit, block or jam the functionality of computer software, hardware, or telecommunications equipment;
-Collect or store personal data about other users;
-Engage in unapproved commercial activity;
-Send unsolicited e-mail ("spam").
You agree that VelvetTAG.com may at any time, and at its sole discretion, terminate your membership without prior notice to you for suspected violation of the above provisions.
Cookies
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our system to recognize your browser.
The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies will allow you to take full advantage of some of VelvetTAG.com's most useful features, and we recommend that you leave them on.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of VelvetTAG.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of VelvetTAG.com and protected by U.S. and international copyright laws. All software used on this site is the property of VelvetTAG.com or its software suppliers and protected by United States and international copyright laws.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on VelvetTAG.com are the registered and unregistered Trademarks of VelvetTAG.com and others. Other VelvetTAG.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of VelvetTAG.com and Anjul Incorporated. Except as provided in this Agreement or by written permission of VelvetTAG.com, your use, appropriation or misrepresentation of the Trademarks displayed on this site is strictly prohibited. VelvetTAG.com's trademarks and trade dress may not be used in connection with any product or service that is not VelvetTAG.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VelvetTAG.com. All other trademarks not owned by VelvetTAG.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VelvetTAG.com. VelvetTAG.com will aggressively enforce its intellectual property rights to the fullest extent of the law.
License and Access
VelvetTAG.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of VelvetTAG.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or images; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another gift finding or registry service; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VelvetTAG.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VelvetTAG.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing VelvetTAG.com's name or trademarks without the express written consent of VelvetTAG.com. Any unauthorized use terminates the permission or license granted by VelvetTAG.com. You are granted a limited, revocable, and nonexclusive right to create hyperlinks to the pages of VelvetTAG.com so long as the link does not portray VelvetTAG.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
Product and Store Descriptions
VelvetTAG.com and its affiliates attempt to be as accurate as possible. However, VelvetTAG.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by VelvetTAG.com itself is not as described, your sole remedy is to contact the VelvetTAG.com affiliate that sold you this product and abide by their policies.
Our Affiliated Partners
Parties other than VelvetTAG.com and its subsidiaries operate stores, provide services, or sell product lines that are featured on this site. We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. VelvetTAG.com does not assume any responsibility or liability for the actions, product, and content of any other third parties. You should carefully review their privacy statements and other conditions of use.
Applicable Law
By visiting VelvetTAG.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and VelvetTAG.com or its affiliates.
Disputes
Any dispute relating in any way to your visit to VelvetTAG.com shall be submitted to confidential arbitration in Santa Barbara, California, except that, to the extent you have in any manner violated or threatened to violate VelvetTAG.com's intellectual property rights, VelvetTAG.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Aggregate Demographics
This site will aggregate demographic information based on user activity. This data is purely informational and is not linked to any personal information that can identify any individual person.
Children's Guidelines
The safety of children is of extreme importance to us. In regards to our practices concerning minors, VelvetTAG.com will:
a. NOT collect online contact information without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and participation in the activity. Without prior parental consent, online information will only be used to respond directly to the child's request and will not be used for other purposes without prior parental consent
b. NOT collect personally identifiable offline contact information without prior parental consent
c. NOT distribute to third parties any personally identifiable information without prior parental consent
d. NOT give the ability to publicly post or otherwise distribute personally identifiable contact information without prior parental consent
e. NOT entice by the prospect of a special game, prize or other activity, to divulge more information than is needed to participate in the activity
DISCLOSURE OF DATA TO THIRD PARTIES
We may disclose information you provide to us to third parties in order to complete a transaction that you requested, for example, product fulfillment companies. Please note that we may disclose personal information when required by law or in the good faith belief that such action is necessary in order to comply with the law or legal process. Personal information is considered to be your name, email address, physical address and phone number. VelvetTAG.com also may disclose information about member visitors’ site usage and demographics to third parties on an aggregate basis. Aggregate data regarding member visitors’ home servers and individually identifying information, such as names, postal and e-mail addresses, and phone numbers, may be disclosed or distributed: to another party with which VelvetTAG.com enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase; or to a third party pursuant to a subpoena, court order, or other form of legal process; in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process; or if determined by VelvetTAG.com in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of VelvetTAG.com or any other person or entity. VelvetTAG.com is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of any third party. This Site may contain links to other World Wide Web sites or advertisements for or placed by third parties. VelvetTAG.com has no control over Web sites that we provide links to, and is not responsible for the privacy practices of such Web sites, advertisers, or third parties, or for the content of such sites or advertisements. It is possible that these links or advertisements, themselves, may be used by third parties or others to collect personal or other information about Site visitors. It is solely the visitors’ obligation to review and understand the privacy practices and policies of these other Web sites and of these advertisers and third parties.
SECURITY MEASURES
VelvetTAG.com has implemented security features that are designed to prevent the unauthorized release of or access to personal information. For example, all information personally identifying to our visitors is stored on a highly secure server. Once we receive personally-identifiable information, we take steps to protect its security on our systems. In the event we request or transmit sensitive information, we use industry standard, secure socket layer (“SSL”) encryption.
OPT-OUT RIGHT
Except as necessary for VelvetTAG.com to provide the services, information, or products requested by a visitor, the visitor may opt out of having his or her personally identifiable information, which has been voluntarily provided to VelvetTAG.com through an account registration, customer order, or other account activity, prospectively retained by VelvetTAG.com, prospectively used by VelvetTAG.com for secondary purposes, or prospectively disclosed by VelvetTAG.com to third parties by contacting VelvetTAG.com via postal mail or e-mail at the addresses set out above. (This does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the description in this Section.) WE NEED TO ADD OUR ADDRESS HERE.
ACCESS TO AND ABILITY TO CORRECT PERSONAL DATA
Upon a visitor’s request via the site or e-mail, VelvetTAG.com will provide to the visitor a summary of any personally identifiable information retained by VelvetTAG.com regarding the visitor, which information has been voluntarily provided by a visitor to VelvetTAG.com through an account registration, customer order, or electronic news or information subscription. A visitor may modify, correct, change or update their personally identifiable information by contacting VelvetTAG.com via the site at info@velvettag.com.
Indemnity
You agree to indemnify, defend and hold harmless VelvetTAG.com from and against any claim, liability, cost, damage or loss it may incur (including, without limitation, attorneys fees) as a result of (i) your use of Member Content or VelvetTAG.com Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others.
Practices Regarding Use and Storage of Data
VelvetTAG.com may place limits on the use and storage of data on our site. For example, VelvetTAG.com may limit the length of time that Member Content can remain on the site. You agree that VelvetTAG.com will not be responsible or liable for the deletion of messages or content on the VelvetTAG.com site, and agree that VelvetTAG.com reserves the right to terminate accounts that are inactive for an extended period of time without notice. VelvetTAG.com reserves the right to change our practices regarding the use and storage of data on VelvetTAG.com at anytime without notice to users.
Disclaimer of Warranties
To the best of its knowledge, the information and services provided to you by VelvetTAG.com are accurate. You acknowledge that VelvetTAG.com expressly disclaims all other warranties of any kind, whether express or implied, regarding the completeness, truth, accuracy, non-infringement, merchantability or fitness of the content found herein for any particular purpose. All information provided on VelvetTAG.com is to be used on an "as is, at will with all faults" basis. Further, VelvetTAG.com makes no warranty that service will be uninterrupted, timely, secure or error-free, that any files available for downloading will be free of viruses, worms or other code that manifest contaminating or destructive properties, or that the quality of any services, information, or other material will meet your expectations.
You agree that VelvetTAG.com will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of VelvetTAG.com. This includes, but is not limited to, loss or injury caused in whole or in part by contingencies beyond VelvetTAG.com's control in procuring, compiling, interpreting, reporting, operating or delivering any portion of VelvetTAG.com. Further, you agree that VelvetTAG.com assumes no responsibility for any and all transactions you may conduct with any parties as a result of your use of the VelvetTAG.com services. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.
Disclaimer of Liability
You acknowledge that VelvetTAG.com will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VelvetTAG.com has been advised of the possibility of such damages), resulting from or related to the use or inability to use VelvetTAG.com. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law.
Miscellaneous
If any provision in this Agreement is invalid or unenforceable under applicable law, it will be enforced to the furthest extent possible and the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California (except with respect to choice of law), as if the Agreement were a contract wholly entered into and wholly performed in Santa Barbara County, California. Any dispute, controversy or claim arising out of or relating to this Agreement will be resolved exclusively in the federal or state courts located in Santa Barbara, California and you hereby consent to the jurisdiction and venue of such courts.
BY USING VelvetTAG.com YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.