I. WHAT INFORMATION IS COLLECTED AND WHY
a. Information submitted by you
At times, we may ask you to provide information about yourself in order to better serve you. For example, some of the information collected may include name, title, address, phone number, email address, and personal information concerning your interests, occupation, gender and other demographic information. We do not require this information to obtain access to any area of our Site, however, you are required to create a new account or login as a registered user prior to ordering any products on our Site. If you wish to correct or remove your account information please follow the procedures set forth below in the section titled “Can I Update or Remove My Account Information?”
b. Information collected by Cookies
We also make use of website “cookies” to help you use our services more easily and to help us continuously improve our Site and our service to you. A “cookie” is a small data file that a website can send to your browser, which may then be stored on your computer to help our Site “remember” information about you to make it easier and more efficient to use our Site. Our Site employs session cookies. A session cookie does not remain on your computer after you close your web browser window. Our session cookies contain none of your personal information and cannot be used to track you around the internet. Our session cookies can only be used by this Site and they only exist for the duration of your visit. Depending on the settings in your browser, you may have the option to deny the session cookie; however, doing so may negatively impact upon the performance of the Site or restrict us in better serving your needs and interests. 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.
II. HOW IS MY INFORMATION USED?
a. User Identification
For our sites that offer user registration, we may retain this information on a secure server so that on re-visiting our Site, you will not need to re-enter that information. We may use this information in an aggregated form to measure number of visits, average time spent on the Site, pages viewed, and other relevant statistics. We collect this information to measure the use of our Site and to improve the content of our Site.
b. Contacting You Concerning Promotions and New Products
We may request you to “opt-in” to receive certain communications from the Site. We will not send unsolicited messages to you concerning promotions or new products or other marketing material unless you have opted-in. If, after you have opted-in, you no longer wish to receive such communications from us please follow the procedures set forth below in the section titled How Can I “Opt-out” of Receiving E-mail Communications. Please note that your request to stop receiving these communications may not prevent us from sending such messages that were generated prior to the time we were able to process your request.
c. Use of Your Information
At times, we may request you to provide personally identifiable information to identify you as a user of the Site and to assist and speed the completion of transactions on the Site. We may also use information collected about your preferences and activities at the Site, such as the particular pages you request at the Site and purchases or other transactions you effect through the Site. We may vary the content you receive in future visits to the Site based on your preferences and activities.
d. Disclosure of Your Information
We will not disclose your personally identifiable information to any persons or entities outside of our company, nor lease, license, sublicense, rent, transfer, disclose, disseminate or otherwise grant access to such information unless:
(i) You have been given an opportunity to “opt-in” and have agreed to opt-in to such disclosure of your information;
(ii) We must share your information in order to provide a product or service that you have ordered or requested, in which case we will require that any third person or entity we use to fulfill your order agrees that it does not have the right to use your information other than to fulfill your order or request; or
(iii) We are required to respond to subpoena, court orders or other requirement of law which requires disclosure of your information.
e. Disclosure of Aggregate Information
We may combine your personally identifying information and information about your preferences and activities, with those of all or a particular group of our users to prepare collective profiles of our users and their activities for our internal use. For example, we may track the number of our users who view certain pages or use certain features or compile the total dollar amount of sales conducted through the Site in a particular geographic region or to track purchasing trends. Such information, and other information we derive from individual users’ information, allows us to continue to grow and provide you with quality information through more accurate marketing and advertising of the Site. We may share aggregated information concerning our users, without attribution of personal information, to other companies with whom we conduct business.
f. How Can I “Opt-out” of Receiving E-mail Communications?
If you do not wish to receive email messages from us, please choose “unsubscribe” from within the email that you receive.
III. WHAT WE DO TO KEEP THIS SITE SECURE
We employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure. Any information you enter on our accounts setup page is encrypted before transmission to our server by using 128-bit Secure Sockets Layer encryption software. You can safely enter your credit card and personal registration information and it cannot be read in transit to our server. We also employ many security procedures to protect your information from unauthorized access by users inside and outside the company.
Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
What You Can Do To Protect Your Information?
(i) Use only secure websites when disclosing your information. Secure pages begin with “https”.
(ii) Avoid using easy to figure out access and personal ID (PIN) codes.
(iii) Never respond to unsolicited requests for your social security number or financial information.
(iv) Do not disclose your passwords to the Site or your account information to any other person.
(v) Be sure to sign off when finished using a shared computer.
b. Hypertext Links
Our Site may contain “links” to other websites, and we cannot and are not responsible for maintaining your privacy once you leave our Site. If you provide any information to parties who operate websites that are linked to or from this Site, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review other websites’ policies before revealing any sensitive or personal information. Under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through the Site.
IV. INFORMATION FROM PERSONS UNDER THE AGE OF 13
NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting kids’ privacy online.
We do not seek to collect personally identifiable information from persons under the age of 13 without prior verifiable parental consent. If we become aware that we have inadvertently received such information online from a child under the age of 13, we will delete it from our records. If you are under the age of 13, please do not submit any personally identifiable information to us. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us, please inform us by contacting us at
firstname.lastname@example.org and we will remove such information from our database. If you are concerned about your children’s use of the Site, you may use web filtering technology to supervise or limit access to the Site.
V. YOUR CALIFORNIA PRIVACY RIGHTS (As provided by California Civil Code Section 1798.83)
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
California customers may request further information about our compliance with this law by e-mailing email@example.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
a. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00.
In addition, please note that your use of certain services on the Site may be governed by rules that are not specifically set forth in these Terms and Conditions. These rules will be made available to you on the page or pages associated with these services. By using our Site and any of these services, you acknowledge that you have reviewed all corresponding rules and agree to be bound by them.
Linking and Third Party Sites
Our Site contains links to other web sites. If you link to another web site from our Site, you will leave our Site and these Terms and Conditions will not apply. Please make sure that you read and are familiar with the legal notices posted on any web site linked to our site including all privacy policies. The links on our Site should not necessarily be construed as an endorsement of the associated sites or any content displayed at the sites. We cannot and shall not have any responsibility or liability for your visit to and use of these other web sites.
Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion.
Submissions; Site Conduct
From time to time, you may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. By posting, transmitting or sending us any material or content, you agree to grant to us an irrevocable, royalty-free, perpetual, sub-licensable, assignable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display the material or content and/or incorporate the material or content in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without either (i) compensation to you or (ii) your prior approval. By submitting or sending content or material to the Site you also represent and warrant that (i) the content and material is original to you, (ii) no other party has any rights to the content or material, (iii) the content and material is not subject to any obligation of confidentiality, attribution or otherwise and that we shall not be liable for any use or disclosure of the content or material and (iv) any so-called “moral rights” associated with the content or material have been waived. You may not post or transmit or send to us any material or content that (i) violates or infringes in any way upon the rights of others or which is otherwise unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, obscene, bigoted or hateful; (ii) contains viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; (iii) is or could be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site. We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. Notwithstanding, we shall have the right in our sole discretion to edit, refuse to post or to remove any material submitted to or posted on our Site that we find to be in violation of these Terms and Conditions or that we otherwise find objectionable or inappropriate for any reason in our sole discretion. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.
Copyright and Trademarks
Our Site and the contents of the Site are intended for your personal, noncommercial use. Iconix and some third parties are the owner of (or have the right to use) trademarks, trade names and trade dress appearing on the Site. The ICONIX mark and all other trademarks, trade names and trade dress appearing on the Site may not be used without obtaining written consent from Iconix or the owner thereof. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Iconix and third party content providers also own (or have the right to use) copyrights in the content original to them. You may not reproduce, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, create derivative works from, or in any way exploit any of the content on the Site, in whole or in part, without our prior written consent.
Iconix prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this site in a manner that would constitute copyright infringement, please provide the following information in writing to our designated DMCA Copyright Agent: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; 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 statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Our Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attn: Legal/DMCA Complaints
Iconix Brand Group, Inc.
1450 Broadway, 4th Floor
New York, NY 10018
By phone: 212-730-0030
By fax: 212-391-2057
Upon receipt of such notification, Iconix will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. §512(c)(3). United States law provides strict penalties for submitting false claims of infringement. Many Iconix sites do not have account holders or subscribers. For those sites that do, in appropriate cases, Iconix will terminate subscriptions or accounts of repeat copyright infringers. If you believe that a user of this site is a repeat infringer, please contact PGI’s DMCA Copyright Agent as described above and provide enough information for us to verify the individual is a repeat infringer.
If you are interested in reproducing any content on our Site, you will need our permission. To request permission, please contact:
SVP, Public Relations & Corporate Communications
Iconix Brand Group, Inc.
1450 Broadway, 4th Floor
New York, NY 10018
Tel.: (212) 730-0030
Fax: (212) 391-2057
Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT ICONIX, ITS PARENT, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF WE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ICONIX NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL ICONIX BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.
You agree to defend, indemnify, and hold harmless Iconix, its affiliates and related companies, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising from your use of the Site, any services related to the Site or any linked site.
These Terms and Conditions and any operating rules for the Site established by us constitute ours and your entire understanding with respect to the use of the Site. We control and/or operate the Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to personal jurisdiction by the federal and state courts located in New York County, New York State. No waiver by use of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms and Conditions is found to be unenforceable for any reason, than that provision shall be deemed severable from the Policy and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: 10/29/2013
B. COPYRIGHT COMPLIANCE
DIGITAL MILLENNIUM COPYRIGHT ACT
PEANUTS’ policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the App or Site can be identified and removed via our DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that a Unique User has infringed your copyright(s) on our Site, you have conducted an analysis under the doctrine of fair use and determined that the use you see is not allowed under the law, you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.
When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.
Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.
Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.
FILING A DMCA NOTICE
To file a DMCA Notice, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA, without further notice to you.
Your Notice must:
- Identify specifically the copyrighted work(s) (“Content”) you believe has/have been infringed (for example, “My copyrighted work is an image that appears on [date] at .”) and the work contains the following elements
- Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. If applicable, you should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible
- Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available)
- If possible, provide information sufficient to permit us to notify the Alleged Infringer;
- Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- The Notice must be signed
- The Notice must be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
New York, NY 10018 Or fax to: (212) 391-2057
Or fax to: (212) 391-2057 (on the cover sheet, please write: Attention: DMCA NOTICE).
FILING A COUNTER-NOTICE
If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that original party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA
Your Counter-Notice must:
- Describe and list all material(s) that were removed by us and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
- Provide your name, address, telephone number and email address (if available);
- State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
- State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
- Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- The Counter-Notice must be signed.
- The Counter-Notice must be sent to our designated DMCA designated agent at the following address:
DMCA Designated Agent
New York, NY 10018
Or fax to: (212) 391-2057 (on the cover sheet, please write: Attention: DMCA NOTICE).