Stella Management, TheNightCap.Life and all related Websites.
LAST UPDATED: June 15, 2017
CALIFORNIA RESIDENTS PRIVACY RIGHTS
(PLEASE NOTE THAT WE DO NOT, AND WILL NOT PROVIDE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO THIRD PARTIES, OTHER THAN AS DESCRIBED HEREIN, BUT SIMPLY INSERT THIS CALIFORNIA RESIDENTS PRIVACY RIGHTS IN ORDER TO ACHIEVE THE MAXIMUM DISCLOSURE OF YOUR RIGHTS POSSIBLE UNDER LAW.)
THE INFORMATION COLLECTION, USE AND DISSEMINATION PRACTICES OF STELLA MANAGEMENT AND TheNightCap.Life
1. Collection of Information.
1.1 Survey Information.
Stella Management and TheNightCap.Life (or “SM & NC”) collects information from individuals by various methods, including, but not limited to, when an individual voluntarily completes a survey, order form, donation form or a registration page either online or offline, or by means of online or offline surveys, order forms, donation or registration pages operated by Third Parties (collectively, a “Survey”). (As used herein, “online” means using the Internet, including the Websites, and related technologies, and “offline” means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, SM & NC or a Third Party (a “Third Party”) may ask an individual to provide various information to SM & NC, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, “Survey Information”). SM & NC may also collect information concerning an individual from another source and uses that information in combination with information provided from this web site. Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to SM & NC or Third Party, but an individual may receive incentives from SM & NC or a Third Party in exchange for providing Survey Information to SM & NC.
1.2 Site Membership or Registration.
“Subscription” occurs when an end-user registers for SM & NC’s information, services, or offers either via registration at our website, via co-registration at a marketing partner’s website, or via permission pass / opt-in mailing. SM & NC collects personally identifiable information about our subscribers, based on: information gathered at the time of registration, subscriber interaction and response to subsequent electronic mailings and website use. This information enables us to better tailor our content to subscribers’ needs.
1.3 Other Information.
Other occasions when SM & NC obtains information from individuals include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by SM & NC or by a Third Party, (2) when an individual requests assistance through SM & NC’s customer service department, and (3) when an individual voluntarily subscribes to a SM & NC service or newsletter (together, “Other Information”).
1.4 Cookies, Web Beacons, and Other Info Collected Using Technology.
SM & NC may use cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, SM & NC may use other new and evolving sources of information in the future (together, “Technology Information”).
A cookie is a small amount of data stored on the hard drive of the individual’s computer that allows SM & NC to identify the individual with his or her corresponding data that resides in SM & NC’s database. You may read more about cookies at https://cookiecentral.com. Individuals who use the Websites need to accept cookies in order to use all of the features and functionality of the Websites.
(b) New Technology.
The use of technology on the Internet, including cookies, is rapidly evolving, as is SM & NC’s use of new and evolving technology. As a result, SM & NC strongly encourages individuals to revisit this policy for any updates regarding its use of technology.
(c) Usage Tracking.
SM & NC tracks information related to the electronic mailings and web pages viewed by users and subscribers, as well as the hyperlinks clicked by subscribers, while viewing our emails or visiting our websites.
(d) Log Files.
Log files are used to track and monitor subscriber usage.
(e) Optional Registration.
SM & NC may offer free voluntary registration to potential subscribers. During such registration, the subscriber is required to supply an email address and other personal information. This information is required if the subscriber wants to participate in SM & NC services or receive SM & NC information.
(f) Feedback and Inquiries.
You have the ability to contact SM & NC to provide us with feedback. SM & NC uses this information to respond to you and analyze customer service issues.
1.5 Outside Information.
SM & NC may receive information about individuals from Third Parties or from other sources of information outside of SM & NC including information located in public databases (“Outside Information”).
1.6 Individual Information.
As used herein, Individual Information means Survey Information, Other Information, Technology Information, and Outside Information, and any other information SM & NC gathers or receives about individuals.
1.7 No Information Collected from Children.
SM & NC will never knowingly collect any personal information about children under the age of 13. If SM & NC obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, SM & NC has no such information to use or to disclose to Third Parties. SM & NC has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).
1.8 Credit Card Information.
SM & NC may in certain cases collect credit card numbers and related information, such as the expiration date of the card (“Credit Card Information”) when an individual places an order from, or makes a donation to SM & NC. When the Credit Card Information is submitted to SM & NC, such information is encrypted and is protected with SSL encryption software. SM & NC will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction.
2. Use of Individual Information.
2.1 Discretion to Use Information.
SM & NC WILL NEVER TRANSFER OR SHARE INDIVIDUAL INFORMATION FOR ANY PURPOSE OTHER THAN CONTAINED HEREIN.
The following paragraphs in Section 2 describe how SM & NC uses Individual Information. SM & NC may use Individual Information to provide offers we believe may be of interest to our members by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses. SM & NC may also use such information for content improvement and feedback purposes. However, will not share the personally identifiable information that you supply to SM & NC, other than to allow Third Party service providers such as SM & NC’s contracted merchandise vendors, donation management vendors, email vendors, etc. to provide contracted services on behalf of SM & NC. SM & NC reserves the right to release current or past member information in the event SM & NC believes that the membership is being or has been used in violation of our rules or to commit unlawful acts, or if the information is subpoenaed.
2.2 Email and Unsubscribe Policy.
SM & NC uses Individual Information to provide promotional offers by email to individuals. SM & NC may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all SM & NC’s email lists, a person must send an email to reply@TheNightCap.Life
SM & NC’s unsubscribe process impacts the future delivery of electronic mailings disseminated by SM & NC.
2.3 Solicited Email.
SM & NC only sends email to individuals who have agreed on the Websites to receive email from SM & NC or to individuals who have agreed on Third Party websites to receive email from Third Parties such as SM & NC. SM & NC does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to SM & NC’s email messages.
2.4 Targeted Advertising.
SM & NC may use Individual Information to target advertising to an individual. When an individual is using the Internet, SM & NC may use Technology Information (see also Section 2.6 below) to associate an individual with that person’s Individual Information, and SM & NC may attempt to show advertising for products, services and information in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. SM & NC may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.5 Direct Mail and Telemarketing.
2.6 Use of Technology Information.
SM & NC may use Technology Information (1) to track a person’s online browsing habits on SM & NC’s sites, (3) to determine which areas of SM & NC’s websites are most frequently visited. This information helps SM & NC to better understand the online habits of individuals so that SM & NC can target information, advertising and promotions to them.
2.7 Storage of Individual Information.
SM & NC stores the Individual Information in a database on its own computers, or licensed third party computers. Our computers have security measures in place to protect against the loss, misuse, and alteration of the information under SM & NC’s control. Notwithstanding such measures, SM & NC cannot guarantee that its security measures will prevent its computers from being illegally accessed, and the Individual Information on them stolen or altered.
3. Dissemination of Individual Information.
3.1 Order Fulfillment.
SM & NC will transfer Individual Information to Third Parties when necessary to provide a product or service that a person orders from such Third Party while using SM & NC’s websites or when responding to offers provided by SM & NC.
3.3 Legal Process.
SM & NC may disclose Individual Information to respond to subpoenas, court orders, and other legal processes.
3.4 Summary Data.
SM & NC may transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Access can be obtained by contacting reply@TheNightCap.Life
3.6 Do Not Call Registry Waiver. Even though you may be on a National or State DO NOT CALL list, by submitting your contact information which may include your telephone number, you are expressly authorizing us and our advertising businesses and affiliates to contact you by telephone at the number you have used regarding the information you have expressed.
4. Privacy Practices of Third Parties.
4.1 Advertiser cookies and web beacons.
Advertising agencies, advertising networks, and other companies (together, “Advertisers”) who place advertisements on the Websites and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. SM & NC does not control Advertisers’ use of such technology and SM & NC has no responsibility for the use of such technology to gather information about individuals.
The Websites and email messages sometimes contain hypertext links to the websites of Third Parties. SM & NC is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by Third Parties. Such links are provided for your convenience and reference only. SM & NC does not operate or control in any respect any information, software, products or services available on such Third Party websites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
5. Unsubscribe Procedures.
If you wish to discontinue receiving email messages from SM & NC, you have several options:
(a) Unsubscribe from one email list.
To unsubscribe from a particular list, follow the instructions in each promotional email message sent by SM & NC.
(b) Unsubscribe from all of SM & NC’S email lists.
6. Copyrights and Use of Website Content
The copyright in all materials provided on this web site is held by SM & NC or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of SM & NC or the copyright owner. Permission is granted to download one copy of the materials on this web site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on this web site without SM & NC’s express written permission. Any unauthorized use of the materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this web site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of SM & NC or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. © 2017 – TheNightCap.Life – All rights reserved.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this web site are registered and unregistered Trademarks of SM & NC. Other trademarks, service marks and trade names may be owned by others. Nothing on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other SM & NC intellectual property displayed on this Site. SM & NC aggressively enforces its intellectual property rights to the fullest extent of the law. The name TheNightCap.Life or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from SM & NC. SM & NC also prohibits use of TheNightCap.Life or any other Trademark as part of a link to or from any web site unless establishment of such a link is approved in advance by SM & NC in writing.
8. User Postings
You acknowledge and agree that SM & NC shall jointly own, with you, and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this web site (“Submissions”). You hereby waive any and all claims against SM & NC for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with SM & NC’s use and publication of such Submissions. This means that you automatically grant SM & NC a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. SM & NC does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this web site by any user of this Site, information provider or any other third party. SM & NC expressly disclaims any and all liability related to Submissions, and you acknowleNCe that any reliance upon such Submissions shall be at your sole risk. You covenant that you shall not post or otherwise publish on the web site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. SM & NC in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
9. No Services, Endorsement or Professional Consultation
There may be delays, omissions or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that SM & NC’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this web site should not be relied upon for making business, investment, legal or other decisions or used as a substitute for consultation with professional advisors. Moreover, SM & NC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this web site by SM & NC, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, SM & NC does not grant any license or other authorization to you to use this web site in any manner if such use in whole or in part suggests that SM & NC promotes or endorses any third party’s causes, ideas, political campaigns, political views, web sites, products or services.
10. Access to this Site
SM & NC may alter, suspend or discontinue this web site or your access to use this web site at any time for any reason without notice or liability to you or any third party. This web site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this web site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
11. DISCLAIMER OF WARRANTIES
THE WEB SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SM & NC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, SM & NC DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SM & NC OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, HAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF SM & NC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SM & NC’ OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless SM & NC and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. SM & NC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
13. Enforcement of Terms and Conditions
This Agreement is governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving SM & NC. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
14. Infringement Notices and Takedown
SM & NC prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this web site infringes your copyright, you should notify SM & NC of your copyright infringement claim in accordance with the following procedure. SM & NC will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who can be contacted via the email link on the contact page.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online web site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. Email Traffic
The information contained in any email traffic from this site may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of any message or attachment is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received any communication in error, please contact the sender by reply email and destroy all copies of the original message and attachment(s).
16. Fees and Costs
In the event that either of the parties hereto institutes any action, suit or proceeding to enforce the provisions of this agreement, or for breach thereof, or to declare the rights of the parties with respect thereto, the prevailing party shall be entitled to recover, in addition to damages, injunctive or other relief, reasonable costs and expenses including, without limitation, costs and reasonable attorneys’ fees incurred in the furtherance of such action, suit or proceeding.
17. Entire Agreement
This Agreement constitutes the entire agreement between you and SM & NC with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by SM & NC.
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