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Terms and Conditions

LAST REVISED: 04/21/20

These Terms and Conditions of use (the “Terms of Use”) apply to Stacksocial Inc and/or all websites, applications, and platforms that are directly owned and operated by StackCommerce, any affiliated publisher websites and sub-domains, and any other affiliated website as may be designated by StackCommerce (collectively, the “Network”). When you access the Network, you agree to be bound by: (i) these Terms and Conditions of Use; (ii) our Privacy policy (located at the url: https://stacksocial.com/privacy) which identifies how we may use your personal and non-personal information when you access and use our Network; (iii) our Return and Exchange policy which is located at the following url: https://support.stackcommerce.com; (iv) and other requirements applicable to your access and use of the Network (collectively “Agreement”). In accessing and using any portion of the Network, you also represent that you are of legal age to form such consent and have the authority to bind yourself to this Agreement.

By accessing and/or using the Network, you agree to the Terms of Use; If you do not agree, do not use the Network.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: This agreement includes a binding arbitration clause and a class action waiver, set forth below in section 21, which affects your rights about resolving any dispute with StackCommerce. Please read it carefully.

StackSocial, Inc. dba StackCommerce (hereinafter “we” “our” or “us”) reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Network following the posting of changes will mean you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Network.

1. About the Network. The Network is a platform through which certain vendors (“Vendors”) make available digital or physical Product(s) for purchase. Vendors are the sellers and issuers of the Product(s) and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Certain Product(s) and other available programs and pricing on the Network may change at any time in StackCommerce’s sole discretion, without notice.

2. Registration and Your Account. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). You may use the Network as a guest; however, certain features of the Network may require you to create an Account. When you authorize a transaction as a guest or through your Account you warrant that all information used in connection with the Network is accurate and true. You may be required to be logged into the account and have a valid payment method associated with it to use certain features of the Network.

   You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

   You will only use the Network for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Network is prohibited by any applicable laws, then you aren’t authorized to use the Network. We can’t and won’t be responsible for your using the Network in a way that breaks the law.

   You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

   You may have multiple accounts on the Network but StackCommerce strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. StackCommerce will not honor rewards earned from such accounts.

   You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Network is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. You may be held liable for losses incurred by StackCommerce or any other user of or visitor to the Network due to someone else using your Account as a result of your failing to keep your account information secure and confidential. We reserve the right, in our sole discretion, to terminate or suspend your Account.

   You can also register an account with StackCommerce by logging into the Network via your account with certain third-party websites (e.g. Facebook.com and Google.com) (hereafter, the “Outside Account”). In so doing, you are providing your Outside Account login information to StackCommerce and allowing StackCommerce to access your Outside Account as is permitted under the applicable terms and conditions that govern your use of each Outside Account. In so doing, you represent that you are entitled to disclose your Outside Account login information to StackCommerce and/or grant StackCommerce access to your Outside Account, without breach by you of any of the terms and conditions that govern your use of the applicable Outside Account and without obligating StackCommerce to pay any fees or making StackCommerce subject to any usage limitations imposed by such third party websites.

3. Use of the Network. As a condition of your use of the Network, you agree that: (a) You have reached the age of majority in the state or province in which you reside; (b) You are able to create a binding legal obligation; (c) You are not barred from receiving products or services under applicable law; (d) You will not attempt to use the Network with crawlers, robots, data mining, or extraction tools or any other functionality; (d) Your use of the Network will at all times comply with these Terms of Use; (e) You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers; (f) You will only make purchases on the Network for your own use and enjoyment or as a gift for another person; (g) You have the right to provide any and all information you submit to the Network, and all such information is accurate, true, current, and complete; (h) You will update and correct information you have submitted to the Network and ensure that it is accurate at all times (out-of-date information will invalidate your account); and, (i) You will only purchase Product(s) or participate in other available programs through the Network by creating an account on the Network, and any purchases will be subject to the applicable Terms of Sale set forth in these Terms of Use.

   You are prohibited from violating or attempting to violate the security or integrity of our Network or otherwise violating or infringing our rights or the rights of others who use our Network and agree not to do the following:

   • use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of a Network, or in any way reproduce or circumvent the navigational structure or presentation of a Network, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through a Network;

   • gain or attempt to gain unauthorized access to any portion or feature of our Network, or any other system or network connected to our Network or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;

   • probe, scan, or test the vulnerability of any Network or any network connected to our Network;

   • take any action that would cause an unreasonably or disproportionately large load on the infrastructure of any Network or our systems or networks, or any systems or networks connected to our Network or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;

   • use any device, technology or method to interfere or attempt to interfere with the proper functioning of our Network;

   • not to make any false or misleading statements in connection with your use of our Network;

   • use our Network in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

   • upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

   • restrict or inhibit any other user from using and enjoying our Network; and/or

   • violate any applicable laws or regulations.

4. Access to the Network. StackCommerce retains the right, at our sole discretion, to deny service or use of the Network or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Network and your account accessible, the Network and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Network access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

5. Privacy. StackCommerce’s Privacy Policy applies to use the Network, and its terms are made a part of these Terms of Use by this reference. We take the privacy of your personal information seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your voices. To view our Privacy Policy, click here. Additionally, by using the Network, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Network may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

6. Purchases. You must provide us with your full legal name, an active telephone, a valid credit card and current address to make a transaction through the Network. All payments are processed by PayPal (https://paypal.com) and Stripe (https://stripe.com/) and are subject to additional provisions. We will send you a confirmation email confirming that your request has been processed and that payment was received. In the event we ship item(s) to you we will send a confirmation email to you regarding the same.

7. Returns, Cancellations, Exchanges, and Warranties. All returns, cancellations, and exchanges are subject to our return policy located at: https://support.stackcommerce.com. We may partner with third party websites to offer warranties on select products. For additional information on warranties, please find additional information at: https://support.stackcommerce.com.

8. Products and Pricing. The Network is a platform through which Vendors make available digital or physical Product(s) for purchase. StackCommerce shall not be liable for any claim arising out of or relating to the Products and services provided by Vendors, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages (i.e. if the goods or service does not achieve a standard quality, or if the goods or services may affect the health of the User, etc.).

   StackCommerce attempts to be as accurate as possible. However, StackCommerce does not warrant that product descriptions or other content of any StackCommerce Service is accurate, complete, reliable, current, or error-free.

   With respect to items sold by StackCommerce, we cannot confirm the price of an item until you order. Offers for Products purchased at discount prices are often subject to time limits or other restrictions which may require you to complete the transaction within a certain timeframe or in a certain manner in order to receive the benefit of the offer. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by StackCommerce is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

   Refund policies differ based on the Vendor and product offered on the Network. The product page will contain information on the refund policy as it relates to that product.

9. Promotions. From time to time we may make sweepstakes, contests, or other promotions available through our Networks (“Promotion”) that require you to register and accept additional provisions to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.

10. Credits. Credits may be issued by StackCommerce and/or earned through Rewards Programs. Credits can only be used for purchases online on the websites, applications, and platforms in the Network. Credits can only be used on orders associated with a single account and cannot be transferred to another person or account. Remaining credit balance can be found under the "Credits" tab in your Account or by contacting our Support Team. Credits issued by StackCommerce and/or its Support Team, whether for refunds and/or exchanges, never expire. Credits earned through Rewards Programs may expire and are subject to the Reward Programs terms below.

    StackCommerce reserves the right to change, modify and/or eliminate the terms with regards to Credits at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions and you waive any right you may have to receive specific notice of such changes or modifications.

11. Reward Programs. Please read these terms and conditions of participation in StackCommerce's Rewards Programs, including but not limited to "Insider Rewards" and the "Refer-A-Friend Program". By participating in any of these programs, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to these terms of use, do not participate in the rewards programs.

    These Terms of Use apply to your access to, and participation in, any of StackCommerce's Rewards Programs ("Reward Programs"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with StackCommerce. StackCommerce reserves the right to change, modify, and/or eliminate the Reward Programs and/or all or any portion of these Terms of Use or any policy, FAQ, or guideline pertaining to the Reward Programs at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Reward Programs confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should receive these Terms of Use and applicable policies and FAQs frequently.

    1. Membership and Eligibility. The Rewards Programs are offered at the sole discretion of StackCommerce. The Rewards Programs are available to individuals for their personal use only and is limited to one account per individual. Individuals who are at least 18 years or older and who provide and maintain a valid account are eligible to become members. No purchase is necessary to join the Rewards Programs. Employees of StackCommerce and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of Reward Programs.

    2. Earning and Redeeming Rewards. StackCommerce offers 2 Rewards Programs: (1) Insider Rewards and (2) Refer-A-Friend Program. All members with valid accounts are automatically enrolled in the Insider Rewards and Refer-A-Friend Program upon account creation.

       • Under the Insider Rewards program, credits are earned based on the United States dollar(s) spent (as applicable based on the exchange rate of the country of purchase) on products offered on the websites, applications, and platforms in the Network. Credits earned under the Insider Rewards Program are on a per order basis and are not applicable to be combined across multiple orders. To earn credits, orders must meet certain minimum purchase amounts to qualify. Some exclusions apply. Any applicable credits earned from the Insider Rewards program will be automatically applied to your account 30 days from your date of purchase.

       • Under the Refer-A-Friend program, credits are earned for the first purchase made on each new account registered from a Referrer's unique referral link. To be eligible to earn credits, the Referrer must maintain an active consumer account and the Referred Customer must not have an existing account. Credits earned from the Refer-A-Friend Program will be automatically applied to your account once the Referred Customer has made his or her first purchase. Minimum purchase amounts and some exclusions may apply.

    It's our hope that you redeem your credits on a regular basis. All unredeemed credits earned from the Rewards Programs shall expire 90 days from the date of issuance. Credits are based on the pre-tax purchase total amount and/or other applicable fees, such as shipping or delivery fees. If you make a purchase using a coupon, credits are based on the total post coupon application.

    Neither accounts nor rewards or credits may be shared. Only the member paying for the products may accumulate rewards or credits. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. The rewards or credits earned through the Rewards Programs may not be exchanged for cash (unless required by law), are non-transferrable, cannot be sold, returned or exchanged, and you have no property rights in or to the rewards or other Program benefits. Credits earned will be decreased or reserved, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these terms. StackCommerce is not responsible for lost or stolen credits. The sale, barter, transfer, or assignment of any credits offered through the Rewards Programs, other than by us, is expressly prohibited.

12. Subscription Products.

    1. About the Subscription Product ("Subscription"). In addition to selling Products on a one-off basis, we also make available Subscriptions that allow for the recurring use of Products provided by third party vendors over a set duration of time.

       The Subscription can be accessed either via a Free Trial or through a Paid Subscription. The Free Trial gives you (free) full access to the products contained in the Subscription for a finite duration. The Paid Subscription is a fee-based program which gives you full access to the products within the Subscription. You will only have access to the Products contained in the Subscription while your Subscription is active and subsisting. You may have access to a Free Trial of the Paid Subscription made available to you during a promotional offer. You can become a subscriber to the Paid Subscription by purchasing a Subscription on the Network or when your Free Trial converts if not cancelled before the end of the Free Trial.

    2. Free Trials. We may offer trials of our Paid Subscription (Free Trial) for a specified period of time that provides full access to the Subscription without requiring payment. We may determine the eligibility for a Free Trial and withdraw or modify a Free Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

       The Free Trial will begin on the day you sign-up and checkout with the Subscription in your cart, not on the day you redeem/start using any Products contained in the Subscription. For most Free Trials, we’ll require you to provide your payment details to begin the Free Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Free Trial on a recurring monthly basis or annual basis depending on the type of Paid Subscription you select. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL.

    3. Billing. We offer both a monthly and annual Paid Subscription plans. You may purchase a Paid Subscription by paying a fee in advance on a monthly or annual basis. We may change the price of a Paid Subscription, including recurring subscription fees from time to time and will communicate any price change to you in advance, and, if applicable, how to accept those changes. Any price change will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the price change by continuing to utilize the Products after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by cancelling the Paid Subscription prior to the price change going into effect.

       For monthly Paid Subscriptions, for each month that your Paid Subscription is active, you acknowledge and agree that we are authorized to charge the same credit card that was used for the initial subscription fee (Payment Method). For annual Paid Subscriptions, each year is paid for by an upfront payment that will automatically renew and you authorize us to continue to charge your Payment Method while the subscription is active.

    4. Renewals and Cancellation. Your subscription period will begin on the day you purchase a Paid Subscription or the day your Free Trial converts to a Paid Subscription. Monthly Paid Subscriptions purchased on the 31st of a given month will always be billed on the last day of each subsequent month.

       Your Paid Subscription will automatically renew at the end of the applicable subscription period unless you cancel your Paid Subscription before the end of the then-current subscription period. The cancellation will take effect on the day after the last day of the current subscription period. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID THE BILLING OF THE RENEWAL SUBSCRIPTION FEE TO THE PAYMENT METHOD PROVIDED. We do not provide refunds or credits for any partial subscription periods.

       If you were given a promotional offer for a monthly or annual Paid Subscription, unless otherwise noted in the promotional offer, your Paid Subscription will automatically renew at the standard Subscription rate once the promotional offer stated term has ended. For example, if you redeem a promotional offer that discounts the first month of a monthly Paid Subscription to $1, at the end of the 1-month period your monthly rate would go to the then-current full monthly Paid Subscription rate. If you do not wish to convert to the then-current standard Subscription rate, you would need to cancel your Paid Subscription prior to the end of the promotional offer stated term.

       You may cancel your Free Trial or Paid Subscription by going to the “Subscriptions” tab in your user account.

    5. Redemption. The Subscription consists of license codes to access various Products provided by third party vendors. We will provide you with the redemption codes necessary to gain access to the Products. No additional purchases or credit card information will need to be provided to any 3rd party vendor while redeeming the Products.

    6. Subscription Term and Termination. Section 12 of this Agreement will continue to apply to you until terminated by either you or StackCommerce. StackCommerce may terminate or suspend your access to the Subscription at any time, including in the event of your actual or suspected unauthorized use or non-compliance with the Agreement, non-payment, or if we withdraw Products from the Subscription (in which case we shall provide you with reasonable notice in advance of doing so).

       If you or StackCommerce terminate the Subscription, or if StackCommerce suspends your access to the Subscription, you agree that StackCommerce shall have no liability or responsibility to you, and StackCommerce will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may cancel your Paid Subscription or Free Trial and terminate this agreement as laid out in section 12D. This section will be enforced to the extent permissible by applicable law.

       Sections 2-11 and 13-34 herein, as well as any other sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Subscription, shall survive termination.

    We reserve the right, at our sole discretion, to change, modify, add or remove portions of the Subscription Products portion of these terms, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Subscription following the posting of changes will mean you accept and agree to the changes. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to utilize the Subscription.

13. Electronic Communications. When you use the Network, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the Network or partners on behalf of the Network. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    By providing your email address to us or creating an Account you consent to receiving transactional and marketing emails from us, including our owned & operated lists (such as "The Futurist"), and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at support@stackcommerce.com with the word “UNSUBSCRIBE” in the subject line.

14. App Permissions When you use apps created by StackCommerce, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. You can view permissions in apps created by StackCommerce by reviewing the Permissions under Settings.

15. User Content and Conduct. The following terms apply to content submitted by users, and users content, on the Network’s Interactive Areas. StackCommerce may make available Interactive Areas such as comments sections, discussion forums, or other interactive features in which you may post or upload user-generated content including but not limited to comments, videos, photos, messages, other materials or items (collectively, “User Content”). By submitting User Content, you represent that you are 13 years of age or older (age limit may vary based on your local jurisdiction) and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, participate on the Network, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and StackCommerce. Employees of Stacksocial, Inc. may not submit User Content without permission from their supervisors. By submitting any User Content or participating on the Network, you agree to abide by the following rules of conduct:

    • You agree not to upload, post or otherwise transmit any User Content that:

    • violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.

    • you know to be false, misleading or inaccurate.

    • contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.

    • contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.

    • violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.

    • advocates violent behavior.

    • poses a reasonable threat to personal or public safety.

    • contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes.

    • is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by StackCommerce, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Network.

    • does not generally pertain to the designated topic or theme of any Interactive Area.

    • contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

    • You agree not to engage in activity that would constitute a criminal offense or give rise to civil liability.

    • You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Network.

    • You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by StackCommerce.

    • You agree not to impersonate any person or entity, including, but not limited to, StackCommerce or any StackCommerce employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.

    • You agree not to represent or suggest, directly or indirectly, StackCommerce's endorsement of User Content.

    • You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Network users or posting private information about a third party.

    • You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.

    • You agree not to interfere with or disrupt the Network or the servers or networks connected to the Network, or disobey any requirements, procedures, policies or regulations of networks connected to the Network.

    • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Network, use the Network, or access to the Network.

    • You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web "robots" and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

    • You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

    StackCommerce does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Network. Through your use of the Network, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. By using the Network, you assume all associated risks.

    1. Monitoring. StackCommerce shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Network to determine compliance with these Terms of Use and any operating rules established by StackCommerce and to satisfy any law, regulation or authorized government request. Although StackCommerce has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Network, StackCommerce reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Network at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Network at your sole cost and expense. In addition, StackCommerce may share personally identifiable information in response to a law enforcement agency's request, or where we believe it is necessary, or as otherwise required or permitted by law. See StackCommerce Privacy Policy.

       The decision by StackCommerce to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of StackCommerce in connection with or arising from use by you on the Network.

    2. License to User Content. By submitting User Content to the Network, you automatically grant StackCommerce the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You represent and warrant to StackCommerce that you have the full legal right, power and authority to grant to StackCommerce the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant StackCommerce the right, but not the obligation, to pursue at law any person or entity that violates your or StackCommerce's rights in the User Content by a breach of these Terms of Use.

16. SMS/MMS Mobile Message Marketing Program StackCommerce is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

    1. User Opt In. The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

    2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

    3. Duty to Notify and Indemnify. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    4. Program Description. Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of the Product(s).

    5. Cost and Frequency. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

    6. Support Instructions. For support regarding the Program, text “HELP” to the number you received messages from or email us at support@stackcommerce.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

    7. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

    8. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

    9. Participant Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

    10. Age Restriction. You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

    11. Prohibited Content. You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: (a) Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; (b) Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; (c) Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; (d) Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; (e) Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and (f) Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

17. Other Sites and Third-Party Advertising And Content. This Network may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under StackCommerce’s control, and StackCommerce is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. We do not accept responsibility for Linked Sites and accessing any such links from the Network to gain access to Linked Sites is at your own risk.

    StackCommerce does not pre-screen user/third party content. By using the Network, you acknowledge your understanding that StackCommerce has no obligation to screen, preview, monitor or approve any content posted or submitted by any of its users or third-party providers. StackCommerce does reserve the right to review and delete any content that, in our sole judgment, violates the Terms of Service. You acknowledge that it is solely your responsibility to evaluate any risks associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Network. StackCommerce shall not be liable in any way for any content displayed or otherwise accessible via the Network, including, but not limited to, any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) in the content or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Service.

    In consideration for StackCommerce granting you access to and use of the Network, you agree that StackCommerce and its third party providers and partners may place such advertising on the Network or in connection with the display of content or information from the Network whether submitted by you or others. Please note that the advertisements that appear on the Network are not based upon any personal information that you submit or provide to StackCommerce. StackCommerce is not be responsible or liable for any loss or damage of any sort incurred as the result of any such advertising displays while you navigate or use the Network. If there is a dispute arises between you and any third party advertiser relative to interactions or transactions involving the Network, you understand and agree that StackCommerce bears no liability in connection therewith.

18. No Employment or Agency Relationship. StackCommerce is not an employment service and does not serve as an employer of any user (including those whose products are offered through the Network). StackCommerce is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Network. You understand and agree that, if StackCommerce is found to be liable for any tax or withholding tax in connection with your use of the Network, then you will immediately reimburse and pay to StackCommerce an equivalent amount, including any interest or penalties thereon.

    Except where provided for in a separate agreement with StackCommerce, no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms of Service. Without limiting the foregoing, except as expressly set forth herein, the StackCommerce is not acting and does not act as an agent for any user or visitor of the Network.

19. Taxes. Customer is responsible for any applicable taxes, including without limitation, any sales, use, levies, duties, or any value added or similar taxes payable with respect to Customer’s order assessable by any local, state, provincial, federal, or foreign jurisdiction UNLESS sales tax is presented as part of the checkout process and reflected in your order receipt and order confirmation. StackCommerce is solely responsible for taxes based upon StackCommerce’s net income, assets, payroll, property, and employees.

20. Accessibility. We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Network user friendly and accessible to visitors with disabilities. WCAG principals provide for website content to be perceivable, operable, understandable, and robust. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Network. Please contact us by e-mail at accessibility@stacksocial.com for assistance Network accessibility and with placing an order.

21. Limitations of Liability. YOUR USE OF OUR NETWORK IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE NETWORK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

22. Disclaimer. ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STACKCOMMERCE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICES. STACKCOMMERCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICES AND THE NETWORK IS AT YOUR OWN RISK. IN SOME JURISDICTIONS, DISCLAIMERS OF IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU AS THEY RELATE TO IMPLIED WARRANTIES.

23. Indemnification. You agree to defend and indemnify us and our affiliates, employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of any Network; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.

24. Termination. StackCommerce may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, StackCommerce shall have the right to immediately terminate your Account in the event of any conduct by you which StackCommerce, in its sole discretion, considers to be unacceptable. You may terminate your participation at any time by discontinuing use of our Network. If you have a dispute with us relating to the Network, immediately cease all use of our Network. Ceasing use of the Network is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of the Agreement or your use of our Network: 7; 13; 15; 17; 18; 19; 20; 21; 22; 23; and 25.

25. Dispute Resolution. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. The parties agree that this intend Section satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of our Networks, (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Los Angeles, California, and you agree that all disputes will be governed by the laws of the State of California without regard choice of law principles. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to or connected in any way with your use of Network must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.

    YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

    ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, NO ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

26. Modification. PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Network. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Network constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE NETWORK TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT.

27. Minors. This Privacy Policy (https://stacksocial.com/privacy) applies to your access and use of our Network and describes our practices and policies related to the collection, use and storage of information about Service users. Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act (“COPPA”) and we will not knowingly request or collect personal information from any child under the age of majority. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case he/she/they will take full responsibility for all obligations under this Agreement. BY ESTABLISHING AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS AGREEMENT AND THE TERMS OF USE ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

28. Digital Millennium Copyright Act (DMCA)

    1. Infringement Notification: If you believe that your work has been copied and posted on our Network in a way that constitutes copyright infringement, please provide our designated agent with the following information:

       1. your contact information (i.e. name, email address, telephone number, and address);

       2. a description of the copyrighted work of concern;

       3. a link to the location(s) on the Network of the copyrighted work of concern;

       4. 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;

       5. a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).

    The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows: legal@stacksocial.com.

    2. Counter-Notice: If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:

       1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

       2. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

       3. Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and

       4. Your physical or electronic signature.

    If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.

29. Void Where Prohibited. StackCommerce administers and operates the Network from its location in Venice, California, USA; other StackCommerce sites may be administered and operated from various locations outside the United States. Although the Network is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Network are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. StackCommerce reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Network is void where prohibited. If you choose to access the Network from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

30. Violations of These Terms of Use. StackCommerce 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 the Network, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) StackCommerce’s rights or property, or the rights or property of visitors to or users of the Network, including StackCommerce’s customers. StackCommerce reserves the right at all times to disclose any information that StackCommerce deems necessary to comply with any applicable law, regulation, legal process or governmental request. StackCommerce also may disclose your information when StackCommerce determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that StackCommerce may preserve any transmittal or communication by you with StackCommerce through the Network or any service offered on or through the Network, and may also disclose such data if required to do so by law or StackCommerce determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of StackCommerce, its employees, users of, or visitors to the Network, and the public.

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

    You agree that StackCommerce may, in its sole discretion and without prior notice, terminate your access to the Network, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Network or any service offered on or through the Network, or (4) unexpected technical issues or problems.

    If StackCommerce does take any legal action against you as a result of your violation of these Terms of Use, StackCommerce 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 StackCommerce. You agree that StackCommerce will not be liable to you or to any third party for termination of your access to the Network as a result of any violation of these Terms of Use.

31. Non-Waiver. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

32. Entire Agreement. This Agreement governs your use of the Network and constitutes the entire agreement between you and StackCommerce. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and StackCommerce regarding the subject matter contained in this Agreement.

33. Severability; Headings. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.

34. Assignment. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

35. Feedback and Information. If you have any questions or concerns, please contact us at the below address. Any feedback you provide shall be deemed to be non-confidential. StackCommerce shall be free to use such information on an unrestricted basis.

    StackSocial, Inc.
    21 Market Street
    Venice, CA 90291
    Telephone: (415) 335-6768
    Mon. - Fri., 9am to 6pm PST
    support@stackcommerce.com

Privacy Policy

LAST REVISED: 12/19/2019

Your privacy is important to us and we are committed to protecting the privacy of our users and the information that you share in connection with our Site. This Privacy Policy identifies: (i) what information we collect; (ii) how we process and manage such information; (iii) your rights with respect to the use and disclosure of the same. If you have any questions about this Privacy Policy please contact us at privacy@stacksocial.com.

We are committed to handling your personal information with high standards of information security. We take appropriate physical, electronic, and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access.

Our website uses encryption technology, such as Transport Layer Security (TLS) to protect your personal information during data transport. TLS encrypts ordering information such as your name, address, and credit card number. Our Customer Care center and stores also operate over a private, secure network. Please note that email is not encrypted and is not considered to be a secure means of transmitting any sensitive information, including your credit card information.

Personal information provided on the website and online credit card transactions are transmitted through a secure server using TLS encryption technology. When the letters "http" in the URL change to "https," the "s" indicates you are in a secure area employing TLS; also, your browser may give you a pop-up message that you're about to enter a secure area.

1. PERSONAL DATA AND NON-PERSONAL DATA

   1. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

   2. “Non-Personal Data” means data that is not associated with or linked to your Personal Data; Non-Personal Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Non-Personal Data, as described below.

2. COLLECTION OF INFORMATION

   We receive and store information about you such as:

   1. Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. We collect Personal Data that you voluntarily provide us, for example, when you create an Account, register for our newsletter and/or make a purchase we may require your name, email, contact information, billing address, credit card information and/or other information you may provide us. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.

   2. Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses our Site(s). See below for further information on “cookies”.

   3. Email Communication: To help us make emails more useful and interesting, we often receive a confirmation when you open an email from newsletters if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive email or other mail from us, you may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at support@stackcommerce.com with the word “UNSUBSCRIBE” in the subject line.

   4. Mobile: To help us make emails more useful and interesting, we often receive a confirmation when you open an email from newsletters if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive email or other mail from us, you may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at support@stackcommerce.com with the word “UNSUBSCRIBE” in the subject line.

   5. Information from Other Sources: We also collect information about you from various sources, including from your in-store purchases. We also may collect information about you that we receive from other sources (like public records), to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

3. USE OF PERSONAL DATA

   We use the information to provide, analyze, administer, enhance and personalize our services and marketing efforts, to process your registration, your orders and your payments, and to communicate with you on these and other topics. For example, we use the information to:

   • Make the Site available to you;

   • Customize future shopping experiences;

   • Process and fulfill merchandise orders;

   • Enhance the Site;

   • Respond to your requests or to manage Accounts;

   • Communicate with you (for example by email, web push, push notification, text messaging, online messaging channels, third party messaging channels) so that we can send you news about the Sites, special offers, promotional announcements, and consumer surveys;

   • Monitor the security of the Site; and/or

   • Provide you with promotional communications.

4. DISCLOSURE OF PERSONAL INFORMATION

   We disclose Your Personal Data as described below and as described elsewhere in this Privacy Policy.

   3. Third-Party Service Provides. We will share your Personal Data with third parties, such as vendors and service providers who provide assistance with billing, payment processing, fraud protection, credit risk reduction, marketing, data analytics support and service associated with the Site and delivery of purchased merchandise.

   4. Compliance with laws and for other legitimate business purposes. We will share your Personal Data when we believe disclosure is necessary or required by law, regulation, to protect users, the integrity of the Site and to defend or exercise our legal rights. We may also disclose your Personal Data when it may be necessary for other legitimate and lawful purposes as reasonably determined by us.

   5. Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other company’s under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

   6. Corporate restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our Company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

5. NON-PERSONAL DATA WE COLLECT

   1. Information Collected by Our Servers. To make our Site more useful to you, our servers (which may be hosted by a third-party service provider) collect information from you, including your browser type, operating system, domain name, and/or a date/time stamp for your visit.

   2. Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Site to our users’ needs. For example, some of the information may be collected so that when you visit the Site again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.

   3. Cookies. Like many online services, we use cookies to collect information. A "cookie" is a small data file stored by your Web browser on your computer or mobile device [hard drive]. It allows us to recognize your computer (but not specifically who is using it) upon entering our site by associating the identification numbers in the cookie with other customer information you have provided us. That customer information is stored on our secured database. Some of the cookies we use are automatically deleted from your hard drive after the end of the browser session (session cookies). We also use cookies that remain on your hard drive for a certain period of time (between one day and five years, depending on the cookie) after the browser session. When you revisit our site, it will automatically recall the country and language you selected at your last visit to our website. These "persistent cookies" are stored on your hard drive and will be deleted by the browser after the given time. You also have the option to delete these cookies at any time through your browser. We may contract with third parties who may use cookies and web beacons and collect information on our behalf or provide services such as credit card processing, shipping, promotional services, or data management. These third parties are prohibited by our contract with them from sharing that information with anyone other than us or our other Customer Care Partners. We use third party retargeting and remarketing features on our website. These technologies allow us to address internet users who previously visited the site by personalized advertising on our partners' websites. For this purpose, the retargeting or remarketing provider will store a cookie on your hard drive. Based on the cookie technology, anonymous user details will be stored - for example, the advertising you received from us or clicked, the products you viewed, or whether you made a purchase. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive user experience. This type of information is collected to make our Site more useful to you and to tailor the experience with us to meet your special interests and needs. Please note that your opt-out status may be maintained by placement of an "opt-out" cookie on your device. If the cookie is removed or deleted, or you upgrade to a new version of your browser, change browsers or visit us from a different device, you will need to repeat this process to indicate your preference.

   4. Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to users. We do not tie the information gathered by Pixel Tags to Personal Data.

   5. Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

   6. Google Analytics. We may use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to our Site. We use the information we get from Google Analytics only to improve our Site. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on Your web browser to identify you as a unique user the next time you visit the Site and use Services, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our Site is governed by the Google Analytics’ Terms of Use and Privacy Policy.

   7. Social Plugins. We use social plugins of several providers on our website in the respective standard plugin: (a) The Facebook ("Share") button of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The button is marked with the Facebook logo and the addition ("Share"), (b) The social plugin of Twitter, operated by Twitter, Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. This button is marked with the Twitter logo, and (c) The social plugin of Instagram, operated by Facebook Inc. When you access one of our websites containing any of the above plugins, the plugin provider may store a cookie in your browser. We have no control over the scope of the data collected by the provider by means of the plugin. The plugins may provide their hosts with information such as the date and time of your visit to our website(s), your IP address, or the type of browser you use. If you are logged on to your account with the plugin provider while visiting our websites, the provider may match this information and any data you enter to your user account, should you interact with the plugins. - for instance if you click the corresponding button on our website or post a comment. Your recommendations or comments may be displayed as information, together with your profile name and photograph, in the relevant provider's service - for instance in search results or in your user profile, or at other places on websites and in advertisements on the internet. Even if you are not a member of the relevant provider's service, the provider may under certain circumstances nevertheless obtain and store your IP address. For the purpose and scope of data collection and further processing and use of your data by the provider, as well as your related rights and opt-out possibilities to protect your privacy, please see the privacy policies of Facebook and Twitter. If you are a member of the relevant service and do not wish the service provider to collect data on you via our websites and connect them with the member data stored by the provider, you should log off your provider account before visiting our internet sites.

6. SMS/MMS Mobile Message Marketing Program

   We respect your privacy. We will only use the information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

   California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at support@stackcommerce.com.

7. California Privacy Rights

   The California Consumer Privacy Act (the “CCPA” or “Act”) provides California residents with specific rights regarding their personal information. It should be noted that personal information under the Act does not include publicly available information from governmental records and de-identified or aggregated consumer information. This section describes your rights under the Act and explains how to exercise those rights.

   Right to Personal Information.

   As required by the Act, we will provide you the following information upon a verifiable consumer request: (1) categories of Personally Identifiable Information that we collect; (2) categories of sources from which the Personally Identifiable Information is collected; (3) the purpose of collecting such Personally Identifiable Information; (4) the categories of third parties with whom we share Personally Identifiable Information; and (5) specific pieces of Personally Identifiable Information collected. If we sold or disclosed your Personally Identifiable Information for a business purpose in the preceding 12 months, we will provide (a) a list of the categories of personal information that was sold, and (b) a list of the categories of personal information that was disclosed for a business purpose.

   Right to Request Deletion of Personal Information.

   According to the Act, you may request that your Personally Identifiable Information be deleted. We will comply with this request once we are able to confirm that we received a verified consumer request. Please be advised that we may deny your request to delete your Personally Identifiable Information if we need to maintain your Personally Identifiable Information in order to (1) complete a transaction, provide service or goods, or perform a contract for which the Personally Identifiable Information is collected; (2) detect any security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for these activities; (3) debug products and to identify and repair errors that impair functionality of the Service or Website; (4) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided by law; (5) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.); (6) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; (7) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (8) comply with a legal obligation; or (9) otherwise use your Personally Identifiable Information, for internal use only, that is compatible with the context in you provide the Personally Identifiable Information.

   Exercising your CCPA Rights.

   To request (a) information about your Personally Identifiable Information collected or (b) deletion of your Personally Identifiable Information, please click here to exercise your option, log into your account and make a request, or send a request by email to legal@stacksocial.com or standard mail to the address found below.

   We can only respond to verifiable consumer requests.

   A verifiable consumer request means a request that is made by consumer, by a consumer on behalf of a consumer’s minor child, or a person registered with the California Secretary of State that is authorized to act on your behalf. Your verifiable consumer request must include (1) sufficient information that allows us to verify your identity or provides sufficient authority to make the request; and (2) describes you request with enough detail to evaluate and respond to your request. We will not respond to any requests if we cannot verify your identity or authority to make the request and confirm that the personal information belongs to you. You are not required to create an account in order to make a verifiable consumer request. We are not required to comply with more than two verifiable requests from the same consumer in a 12-month period of time.

   Please allow 45 days to complete your request.

   We will inform you if more time is required to complete, but it should take no longer than 90 days. If you have an account, we may provide our response to your account. If you do not have an account, we will provide our response according to your requested format, namely, electronically or by mail. Please note that there is no charge for making a request, but we reserve the right to charge a fee if the request is deemed excessive, repetitive, or manifestly unfounded. We will notify you of any fee and reasons for such fee before completing your request.

   Right to Opt-out of the Sale of Personal Information.

   According to the Act, you have the right to opt-out of the sale of your Personally Identifiable Information. Should you wish to opt-out of such sale, please click in "Do Not Sell My Personal Information" link in the footer of the page or just click here to opt-out.

   Non-Discrimination.

   We will discriminate against you because you exercised your rights under the CCPA including: (1) denying goods or services; (2) charging different prices or rates for goods or services through discounts, benefits, or imposing penalties; (3) providing different level of quality of goods or services; or (4) suggesting that you will receive a different price, rate, quality, or level of goods or services.

8. CALIFORNIA DO NOT TRACK DISCLOSURE

   Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not recognize or respond to Do Not Track browser settings or signals and we will still receive information. As a result, we may still collect information about you and your internet activity, even if you have turned on the Do Not Track signal.

   It is possible that some or all of our third-party advertising partners or members of their affiliate network may participate in a consumer opt-out programs. To learn more about internet-based advertising and consumer opt-out programs go to http://aboutads.info/choices/ or http://www.networkadvertising.org/choices/. We do not operate or control these sites, and are not responsible for the opt-out choices available there.

9. INTERNATIONAL TRANSFERS OF INFORMATION

   Information, including information collected in the European Economic Area ("EEA") may be transferred, stored and processed by us and our service providers in the United States and other countries whose data protection laws may be different than the laws of your country. We will protect your Personal Data in accordance with this Privacy Policy wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws.

   If you live in the EEA, or a similar international area, you may have additional privacy rights available to you under applicable laws. We will process your requests in accordance with applicable data protection laws. If you would like to exercise any of the below rights, please contact privacy@stacksocial.com so that we may consider your request in accordance with applicable law:

   • Right not to provide or withdraw consent: You have the right not to provide or withdraw your consent at any time.

   • Right of access: You may have the right to access the Personal Data that you provided us.

   • Right of erasure: You may have the right to the erasure of Personal Data that we hold about you.

   • Right to object to processing: You may have the right to request that we stop processing your Personal Data and/or to stop sending you marketing communications.

   • Right to rectification: You may have the right to require us to correct any of your Personal Data.

10. PRIVACY RIGHTS AND DATA PROTECTION OFFICER

    a. General. You may modify the information you have provided to us at any time through your Account. You can also opt-out of receiving marketing communications, deactivate, or delete your Account at any time.

    b. Data Protection Officer. We have appointed a Data Protection Officer to ensure continued commitment to privacy and security practices. For further information please contact us at: privacy@stacksocial.com.

11. INFORMATION SECURITY AND CONFIDENTIALITY

    We maintain (and requires its subcontractors and service providers to maintain) appropriate organizational and technical measures designed to protect the security and confidentiality of any information we process. However, no organizational or technical measures are 100% secure so you should take care when disclosing information online and act reasonably to protect yourself online.

12. CHILDREN'S PRIVACY

    The Site is a general audience site not directed at children under the age of 13.

    By using the Sites, you represent that you are at least eighteen years old and understand that you must be at least eighteen years old in order to create an account and purchase the goods or services advertised through the Site. We will promptly delete information associated with any account we obtain actual knowledge is associated with a registered user who is not at least eighteen years old.

13. UPDATES

    From time to time, this Privacy Policy will be updated in whole or in part, at which time the new date will be reflected above in the “Last Revised” section. The updated Privacy Policy will immediately replace and supersede any prior Agreements, unless otherwise noted. Accordingly, if you use the Site after an update is published, then you will unconditionally agree to be bound by the updated terms and policies.

14. UNSUBSCRIBE

    You will have an opportunity to unsubscribe to any emails or mailings by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use the services provided through the Site, you will continue to receive email correspondence from us related to the services. Any opt-out by you is not deemed valid until processed by us. It is your obligation to verify that you have been opted-out. We will not be liable for problems with the opt-out procedures. Please note that any request to be removed from such mailing lists may take up to one (1) week to become effective. Even if you are removed from any such list, if you order online, we will send you an email confirming your order and may need to contact you by phone, email, or regular mail if we have questions about your order.

    If you register for an Account on the Site, you may review and update your account information by logging in to your account with your username and password at www.stacksocial.com or by contacting customer service at support@stackcommerce.com.

15. THIRD PARTY WEBSITES

    You may have found this Site through a Link located on a third-party website operated by another company or you may choose to click on a link on this Site to websites operated by third parties. For example, we may at times include links to various social media platforms on this Site, but know that if you interact with these social media tools through this Site, then your experience on those social media sites will be governed by the privacy and other policies of those sites and the privacy settings you have chosen on those sites will determine the degree to which your information is made public. In short, please be advised that the practices described in this Privacy Policy do not apply to information gathered through any website operated by other companies. We encourage you to read the privacy policies of each and every website that you visit to understand how they collect, use, secure, and share your information. Further, we encourage you to choose your privacy settings on those websites accordingly.

16. CONTACT INFORMATION

    If you have any questions about this Privacy Policy please contact us at privacy@stacksocial.com. For customer service regarding an order please write, call, or e-mail our Customer Service Department at:

    Customer Service Department
    StackSocial, Inc.
    Attn:  Legal Department
    Re: CA Privacy Rights
    21 Market Street
    Venice, CA 90291
    Telephone: (415) 335-6768
    Mon. - Fri., 9am to 6pm PST
    support@stackcommerce.com