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Privacy Policy and Terms of Use

BlackSantaTM

PRIVACY POLICY AND TERMS OF USE

Welcome and thank you for visiting BlackSanta.com!  This website is owned and operated by The Black Santa Company, LLC, a Delaware limited liability company (“TBSCO”). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS, AS THEY GOVERN YOUR USE OF THIS WEBSITE. Please know that we may occasionally update or revise this Privacy Policy and Terms of Use (“Agreement”). We reserve the right to modify this Agreement from time to time, therefore, you should periodically review this website for updates that may apply to you. Your use of BlackSanta.com on any particular date indicates your acceptance to these terms of use as of that same date.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS WEBSITE, AND SHOULD DISCONTINUE USING AND EXIT THIS WEBSITE IMMEDIATELY. Our mission at BlackSanta.com is to consistently exceed our user’s expectations. In order to accomplish this, guest information is collected both online and offline to further enhance our level of service. We want to make your experience at BlackSanta.com satisfying and safe, and this Agreement provides information about how we collect and use guest information.

  1. Privacy Generally. TBSCO respects the privacy of our online guests, and is committed to protecting and safeguarding consumer privacy on the internet. Information is collected from you to make it easier and more rewarding for you to use our website and the variety of services we may offer from time to time. By knowing the preferences of our customers, services and special offerings can be tailored to provide superior levels of convenience on a personalized basis. You may be asked at various times to provide information such as your name, e-mail address or information about what you like and do not like.  On other occasions when we provide items for purchase online, we may require your credit card number or your mailing address in order to process your order.
  2. Our Commitments To Your Family. TBSCO wants you and your family to be safe while visiting our website. That is why, consistent with the Children's Online Privacy Protection Act (COPPA), we will never knowingly request personally identifiable information from children under the age of 13 without the consent of a parent or legal guardian.  For more information about protecting the privacy and safety of minors online, we recommend you visit the Federal Trade Commission (FTC) and TRUSTe websites. We urge parents to regularly monitor and supervise their children’s online activities.
  3. What Information Do We Collect? We collect information in several different ways.  For instance, when visiting BlackSanta.com, we may collect the domain name from which you access the internet, the IP address of the computer you are using, the internet address from which you linked directly to our website, the browser and operating system you are using, the date and time you access our website, length of visit, as well as the e-mail addresses of those guests who volunteer them, user-specific information on the pages guests access, and information such as survey information, postal addresses, telephone numbers and site registrations that are provide voluntarily.  Like many other commercial websites, BlackSanta.com may employ a standard technology called "cookies" or other tracking mechanisms to collect information about how our website is used.  We use this information to help understand who is visiting BlackSanta.com, which aspects of our website are the most popular and in other ways to improve our website.
  4. How Is Information Used By The Black Santa Company, LLC? We use the information that we collect to understand your preferences and history using our website.  With this information we can tailor our services and communicate information about special offerings and events.  We also use the collected information to improve the design of our website.

If you provide us with your e-mail address, we may occasionally send you e-mail offers, informing you about products, services and special events.  If you provide us with your postal address, you may receive periodic mailings from us with information on new products and services or upcoming events.  These offers may be based on information you provided us in your responses to our surveys and on your history with us as a customer. It is our policy to never send messages to customers who have asked us not to do so, either at initial registration or later through an unsubscribe process.

  1. Information Distribution. If you are providing personal information within a registration page, it will only be used within our domain unless you choose to allow third party data sharing. Although unlikely, we may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities.  If requested as part of a legal proceeding, we will provide this information upon receipt of the appropriate documentation. Other companies which may place advertising on our site may collect information about you when you view or click on their advertising or content through the use of cookies or other tracking mechanism.  Due to the way the internet technically operates, we cannot control this collection of information.  You should contact these advertisers or content providers if you have any questions about their use of the information they collect. BlackSanta.com may include links to other websites that will let you leave our website.  We do not own, control or operate the links or their websites, and we are not responsible for the contents of any linked website or any link contained in a linked website.  The inclusion of any link does not imply endorsement of the website, or any product or service.  The use and/or privacy provided by the operator of a linked website as to any information you provide in accessing a linked website is in no way subject to this Agreement.  Each linked website may have its own policies that could differ considerably from our policies, or the linked site may not display any privacy policy at all.  In any case, even though a linked website is accessed through BlackSanta.com, we cannot be responsible for any use that a linked website may make of your information.
  2. Declining Offers. If you do not want to receive posted or e-mail offers from us or from our partners, please let us know by visiting http://blacksanta.com/contact/, or writing to us at: The Black Santa Company, LLC, c/o Savitsky, Satin & Bacon 10880 Wilshire Blvd. Suite 2100 Los Angeles, CA 90024 and telling us that you do not want to receive offers.  Our e-mailed offers include instructions for unsubscribing from e-mailed offers.  If you want to be removed from our postal mailing list, please provide us with your complete name and mailing address.
  3. Security Procedures. We use commercially reasonable efforts to operate secure data networks protected by industry standard firewall and password protection systems.  Our security and privacy policies are periodically reviewed and enhanced. Although we take reasonable physical, electronic and other security measures to help safeguard personal information from unauthorized access or disclosure. You should also take an active role in the protection of your information by keeping any passwords confidential, fully logging out of websites and exiting your internet browser each time you finish a session.
  4. How You Can Correct Any Inaccuracies In The Information. You have the ability to access and edit the personal information that you have provided to us. If you have questions or concerns about our Privacy Policy, or to update the information retained about you or to deactivate your account, please contact us by visiting http://blacksanta.com/contact/.
  5. Warranty Disclaimer. TBSCO AND ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE "REPRESENTATIVES") MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, ITS CONTENT OR ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. TBSCO AND ITS REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. TBSCO ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
  6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TBSCO AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR FOR ANY INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TBSCO OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK-UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
  7. No Unlawful or Prohibited Use. You may view, download and print material from this website for your own use only, provided that you do not remove any trademark, copyright, or other notice contained in such materials. You agree not to otherwise copy, modify, distribute, reuse, resell, license, create derivative works from, or otherwise transfer materials from this website, without the express written permission of TBSCO.  All links to this website must appear as hypertext, without use of TBSCO’s logos or trademarks. Do not use a hyperlink to present materials on this website as your own. Deep-linking is strictly prohibited unless approved by TBSCO in writing (a deep-link is a hyperlink that bypasses a website’s home page and brings a visitor directly to an interior page). Do not frame this website or any content provided by TBSCO (framing is an alternative form of linking that allows viewing of a linked web page within a “frame” of the original website). Do not use TBSCO’s URL’s, trademarks, meta tags, or other materials in the meta or alt tags of any other website (such tags provide information about a website which search engines use to prioritize results), or to effect any “matchmaking” advertising by third parties. You agree that you will not use this website for any purpose that is unlawful, or prohibited by the terms and conditions of this Privacy Policy. You may not use the materials contained on this website in a manner which suggests any association with or endorsement of any product or service, or which violates any property, privacy or other rights.
  8. Intellectual Property. This website and its contents are the property of TBSCO and are protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations.  Except where otherwise indicated, all materials contained on this website are the copyrighted material of TBSCO, including without limitation, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and as a collective work and/or compilation, and in the selection, coordination, arrangement, “look and feel” and enhancement of this website’s content.  All titles, logos, designs, products, services and company names displayed on this website may be trademarks and/or service marks of their respective owners.

Provided that you download or print something from our site, you must not alter any copyright or related proprietary notices which the material contains. You may not mimic, reproduce, broadcast, transmit, license, sell or otherwise exploit for any purpose any content that appears on our site without our prior written consent.

  1. Indemnification. You hereby agree to indemnify and hold harmless TBSCO and its Representatives from and against any and all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim, and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by TBSCO and its Representatives, directly or indirectly, by reason of any act or omission which you commit in breach of this Privacy Policy or other terms and conditions or policies set forth elsewhere on this Website.

14. Violations of This Agreement. TBSCO may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TBSCO and its’ owners or affiliates rights or property, or the rights or property of visitors to or users of this website.

You acknowledge and agree that TBSCO may preserve any transmittal or communication by you with TBSCO through this website or any service offered on or through this website, and may also disclose such data if required to do so by law or TBSCO determines that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any such data violates the rights of others; or (d) protect the rights, property or personal safety of TBSCO, its owners, affiliates, employees, users of or visitors to this website, and the public.

You agree that TBSCO may, in its sole discretion and without prior notice, terminate your access to this website and/or block your future access to this website if we determine that you have violated this Agreement or other terms, conditions or guidelines which may be associated with your use of this website.  You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to TBSCO, for which monetary damages would be inadequate, and you consent to TBSCO obtaining any injunctive or equitable relief that TBSCO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TBSCO may have at law or in equity.

You agree that TBSCO may, in its sole discretion and without prior notice, terminate your access to this website, for cause, which includes, but is not limited to: (a) requests by law enforcement or other government agencies; (b) a request by you (self-initiated account deletions); (c) discontinuance or material modification of this website or any service offered on or through this website; or (d) unexpected technical issues or problems.

If TBSCO does take any legal action against you as a result of your violation of this Agreement, TBSCO will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TBSCO. You agree that TBSCO will not be liable to you or to any third party for termination of your access to this website as a result of any violation of these Terms of Use.

  1. Your Acceptance of These Terms and Conditions. By using this website, you agree to our Privacy Policy and Terms of Use. We may change this Privacy Policy from time to time, so please be sure to visit this website often to see if anything has changed.  If we post changes and you continue to use our website, you will be deemed to have agreed to any such changes.

Date of Last Update to this Privacy Policy and Terms of Use: December 2015.

© 2015 – 2016 The Black Santa Company, LLC.  All rights reserved.

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