Legal

TERMS OF USE & PRIVACY POLICY

Terms of Use

These Terms of Use were last updated on: May 23, 2013.

1. Acceptance of Terms.

These Terms of Use (“Terms”) set forth the terms and conditions that apply to your use of www.exposedzippers.com  (the “Site”) offered and/or operated by Exposed Zippers, Inc. (“Exposed Zippers” or “we” or “our” or “us”). By visiting our Site, you agree that you have read, understand and agree to be legally bound by these Terms.

If you do not agree to these Terms, please do not use the Site.

Exposed Zippers may, subject to Paragraph 18(j) below, change these Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Site, at its sole discretion. Your continued use or accessing of the Site following the posting of any changes to the Terms constitutes your acceptance of such changes. To the extent that a court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.

2. Permitted Use.

Our Site is for your personal and non-commercial use. Our Site contains material that is derived in whole or in part from material supplied and owned by Exposed Zippers and other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by Exposed Zippers, you agree that you will not use the Site, or duplicate, download, publish, modify or otherwise distribute or use any material on the Site for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Site other than the home page (for example, “deep linking”), without Exposed Zippers’ prior written consent. Use of the Site or any materials or content on the Site for any commercial or other unauthorized purpose is prohibited.

3. Newsletter Signup.

If you sign up to receive a newsletter from us you agree to provide your true and accurate e-mail address.

 4. Privacy Policy.

Your use of the Site and any information provided by you or gathered by Exposed Zippers or third parties during any visit to or use of the Site is governed by the Exposed Zippers Privacy Policy which is incorporated by this reference. You agree to Exposed Zippers collection, use and sharing of your information as set forth in the Exposed Zippers Privacy Policy.

5. User Conduct.

It is a condition of your use of the Site that you do not:

• Interfere with any other user from using and enjoying the Site;
• Collect information about other users or third parties via the Site or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;
• Engage in the systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without Exposed Zippers’ prior written consent;
• Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
• Attempt to gain unauthorized access to other computer systems or networks connected to the Site; or
• Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of the Site.

Additionally, you agree that you will not use the Site to upload, post, or otherwise distribute or facilitate distribution of any material that:

• Is libelous, defamatory or slanderous;
• Is sexually suggestive or contains explicit sexual content (including nudity);
• Does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Does or may threaten, abuse, harass, or invade the privacy of any third party;
• Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;
• Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• Contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;
• Encourages conduct that would constitute a criminal offense or give rise to civil liability;
• Impersonates any person or entity, including any employee or representative of Exposed Zippers; or
• Violates any applicable law or these Terms.

6. Monitoring.

Exposed Zippers may, but has no obligation to, monitor the use of the Site by members. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the Exposed Zippers Privacy Policy. Furthermore, Exposed Zippers reserves the right at all times to disclose any information posted on any portion of the Site as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Exposed Zippers’ sole and absolute discretion are objectionable or in violation of these Terms.

7. Grant of Limited License.

If you post any content to the Site, you hereby grant Exposed Zippers and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Exposed Zippers the foregoing license without infringing or violating the rights of any third party.

8. Copyrights.

Exposed Zippers respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Exposed Zippers, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Exposed Zippers to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Exposed Zippers a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to: Exposed Zippers, Inc., DMCA Takedown Notice Process, 77 East Houston, New York, New York, 10012. Exposed Zippers suggests that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.

9. Proprietary Rights.

Exposed Zippers owns all right, title and interest in and to the Site and all materials and content contained in the Site, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited.

Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site solely for personal use. Any other use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Exposed Zippers is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of Exposed Zippers.

Exposed Zippers’ trademarks may not be used in connection with any product or service that is not provided or authorized by Exposed Zippers, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Exposed Zippers.

10. Children’s Online Privacy Protection Act Notification.

Exposedzippers.com is not designed or intended for use by children under 13. If you are under 18, you should use exposedzippers.com only with involvement of a parent or guardian.

Pursuant to 47 U.S.C. Section 230(d) as amended, Exposed Zippers hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

11. Disclaimer of Warranties.

While Exposed Zippers uses reasonable efforts to include up to date information on the Site, Exposed Zippers makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.

EXPOSED ZIPPERS PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXPOSED ZIPPERS, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “EXPOSED ZIPPERS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EXPOSED ZIPPERS DOES NOT WARRANT THAT THE SITE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.

12. Exclusion of Damages.

NONE OF THE EXPOSED ZIPPERS PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF EXPOSED ZIPPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE EXPOSED ZIPPERS PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. WITHOUT LIMITING THE FOREGOING, EXPOSED ZIPPERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD PARTY.

13. Applicability of Disclaimers, Exclusions and Limits.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, EXPOSED ZIPPERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

14. Third Party Web Sites.

THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SITE ARE NOT CONTROLLED BY EXPOSED ZIPPERS. ACCORDINGLY, EXPOSED ZIPPERS MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY EXPOSED ZIPPERS. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.

15. Indemnification.

You will indemnify and hold harmless the Exposed Zippers Parties, and at Exposed Zippers’ option defend the Exposed Zippers Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Exposed Zippers Parties arising out of your use of the Site or any alleged breach by you of any provision of these Terms, or the infringement by you, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Exposed Zippers Parties, Exposed Zippers may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Exposed Zippers.

16. Termination.

In its sole and absolute discretion, with or without notice to you, Exposed Zippers may suspend or terminate your use of and access to the Site and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification, (ii) any unauthorized access or use of the Site, (iii) any violation of these Terms, (iv) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, or (v) failure to use the Site on a regular basis. Termination, suspension, or cancellation of your access rights shall not affect any right or relief to which Exposed Zippers may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Exposed Zippers.

17. General.

These Terms and the relationship between you and Exposed Zippers shall be governed by the laws of the United States and the State of New York without regard to its conflict of law provisions. Any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. No failure or delay by Exposed Zippers in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action arising out of, related to or connected with the use of the Site, or these Terms, our Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Exposed Zippers’ prior written consent.

 

Privacy Policy

This Privacy Policy was last updated on: May 23, 2013.

This Privacy Policy (“Policy”) sets forth the privacy policies that apply to your use of www.exposedzippers.com (the “Site”) offered and/or operated by Exposed Zippers, Inc. (“Exposed Zippers” or “we” or “our” or “us”). By visiting our Site, you are subject to these privacy policies.

Exposed Zippers is concerned about your privacy and wants you to be familiar with how it collects, uses and shares your information. This Policy outlines the type of information that we collect and receive from you while you are using our Site. Additionally this Policy identifies the ways in which we process, and sometimes share, such information and what control and choices you have with regard to the collection and use of your personal information. Please review this Policy carefully, especially before providing any personal information through our Site. Our Site is operated in and controlled from the United States of America. If you have any questions about this Policy or don’t see your concerns addressed here, please use the contact information provided at the end of this Policy to contact us.

What this Privacy Policy Covers: The practices described in this Policy only apply to the following:

• Information collected online on this Site.
• Information collected when you sign up to receive our newsletter.

Like many other websites, we may now or in the future provide other websites or mobile services with, and allow users to “snag” or place, our RSS feeds, video players and other applications on websites or mobile services we do not control. This Policy applies to any information we collect when you use our RSS feeds, video players and other applications, but does not apply to information separately collected by the operators of those websites or mobile services or other third parties that may provide content or services to those websites or mobile services.

What this Privacy Policy Does Not Cover: This Policy does not cover any of the following:

• Information you give to us offline, for example when you send a letter to our business address or leave a message on our voicemail system.
• Information collected by third parties, even if collected on or through our Site. For example, we may embed a content feed, video player or other application from a third party on our Site. These third party applications may appear to be part of our Site, but the content is provided by a third party server. By accessing this third party application, the third party owner may send its own cookies and collect its own data regarding your interaction with the application and may solicit your personal information as part of your use of such application. We are not responsible for the actions and privacy policies of these third party providers and you should review such privacy policies prior to providing any Personally Identifiable Information to them.

This Policy will be posted on this Site for your review and from time to time as part of registering or providing information in connection with this Site, we may provide you with a short notice reminding you to refer to this Policy and other relevant information from us when using our Site.

PLEASE REVIEW THIS POLICY AND THE TERMS OF USE FOR THIS SITE CAREFULLY. YOUR USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO SUCH POLICY AND TERMS OF USE.

1.    What Types of Information Exposed Zippers Collects
2.   How Exposed Zippers Collects Information
3.   How Exposed Zippers Uses Information
4.   Special Privacy Terms Related to Mobile Applications
5.   Anti-Spam Policy
6.   Disclosure of Personally Identifiable Information to Third Parties
7.   Communication Preferences
8.   Third Party Advertising and Links to Other Sites
9.   Guidelines Regarding Children (COPPA)
10.  Public Forums
11. How We Protect and Secure Your Information

12. Applicable Law

13. Your California Privacy Rights (California residents)

14. Acceptance of Exposed Zippers

15. Changes to this Exposed Zippers

16. Terms of Use

17. Contact Information

1. WHAT TYPES OF INFORMATION EXPOSED ZIPPERS COLLECTS

Our goal is to collect and use only that information that we think is required for our legitimate business interests, in order to better understand your interests and to improve your experience of using our Site. In order to do so, we collect the following types of information:

Personally Identifiable Information.

Personally identifiable information is any information that identifies a living individual, such as your first and last name, mailing address, phone number, mobile phone number email address, photograph, credit/debit card number and expiration date (or other payment-method information), login ID, member name and password and other information about a specific individual that identifies the individual (“Personally Identifiable Information”). When you sign up for or use the Site, Exposed Zippers collects some amount of Personally Identifiable Information from you. Exposed Zippers also collects Personally Identifiable Information that you may voluntarily provide when you use the Site that you may disclose in a public area of the Site (such as a rating/review page, message board or chat room) or when you sign up to receive our newsletter.

In some instances, when you use certain features of the Site, Exposed Zippers may collect the email addresses or other Personally Identifiable Information of others that you may provide. Unless stated otherwise at the point of collection, we will treat any such Personally Identifiable Information that you submit about other people in accordance with this Policy.

Non-Personally Identifiable Information.

Exposed Zippers collects information from you automatically when you use the Site. Non-Personally Identifiable Information is information that does not specifically identify a living individual and is not used with Personally Identifiable Information to determine an individual’s identity, including a computer’s Internet Protocol (“IP”) address, a mobile device’s unique identifier, computer and device connection information such as browser type or version, demographic information, such as a person’s age, ZIP code and other data collected automatically through the operation of this Site (“Non-Personally Identifiable Information”). We may collect site usage data and other Non-Personally Identifiable Information (such as which Site pages are visited and in what sequence) through the use of various technologies.

2. HOW EXPOSED ZIPPERS COLLECTS INFORMATION

Cookies.

Like many sites, we and third parties that provide content on and through the Site may use “cookies” or other similar technologies to collect information. A cookie is a small text file that is sent to your computer from a Web server and stored on your computer’s hard drive when you visit a website. Exposed Zippers’ cookies may contain Personally Identifiable Information, such as your email address, as well as Non-Personally Identifiable Information. Exposed Zippers may use cookies to ensure that you have agreed to the terms, conditions and policies that govern your use of the Site. In addition, Exposed Zippers may use cookies to measure traffic activity on the Site and track your use of the Site. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent, but it is possible that some parts of the Site may not function properly if you do so. Certain internet browsers, such as Internet Explorer, Chrome, Firefox and Safari, also allow you to block, control and remove cookies from your computer. For more information regarding your specific browser, please consult the browser’s Help section or browser provider’s website.

IP Address.

An IP address is a number that is assigned to your computer automatically when you use the Internet. Exposed Zippers may log your IP address and use your IP address to track your usage of the Site.

Other Methods.

Where authorized and as permitted by FTC guidelines and all other applicable laws, rules and regulations, Exposed Zippers may also use or allow the use of trusted vendors and other third party companies who may gather data for appropriate business purposes such as managing advertising and/or generating reports on Site traffic and statistics. We may also use other monitoring technologies to gather anonymous statistics about our Site visitors.

3. HOW EXPOSED ZIPPERS USES INFORMATION

Personally Identifiable Information.

We will use your Personally Identifiable Information for the purposes for which it was provided. For example, Exposed Zippers may use your Personally Identifiable Information to notify you of changes to the Site, to let you know about opportunities and other products or services you may be interested in, and to request your participation in surveys or other promotions. You can choose not to receive certain communications from Exposed Zippers as described in the section below entitled “Communication Preferences.”

4. ANTI-SPAM POLICY

Exposed Zippers is 100% opposed to unsolicited commercial email (“spam”). We do not have any desire to send unsolicited marketing emails to anyone without permission and we do not sell or provide user email addresses to any unauthorized third party in violation of this Policy. All of our newsletters and other general email marketing communications also include an “unsubscribe” opt-out link that you may use to ask that we discontinue such emails to you.

5. DISCLOSURE OF INFORMATION TO THIRD PARTIES

Disclosure to Affiliates

Exposed Zippers reserves the right to share any Personally Identifiable Information or other information about you which you provide to (or which is gathered from) the Exposed Zippers Site with any or all of its subsidiaries and affiliates (collectively, our “Affiliates”) (subject to the opt-out right described below, with respect to disclosures of Personally Identifiable Information to Affiliates for their direct marketing uses). Subject to the applicable privacy policies under which such information was collected, Exposed Zippers may also have access to any information you provide to (or which is gathered from) the web sites of any of our Affiliates.

Disclosure to Third Parties

Like many businesses, we sometimes hire other companies to perform certain business-related functions on our behalf such as hosting specific portions of the Site, maintaining databases and sending e-mails. When we employ a third party to perform these functions, that third party will only be provided with the particular Personally Identifiable Information it needs to perform its function, and is required to protect the Personally Identifiable Information.

If Exposed Zippers sells all or part of the Site or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, we may, in our sole discretion, transfer, sell or assign your Personally Identifiable Information to a third party as part of or in connection with that transaction. Upon such transfer, the privacy policies of the acquiring entity may govern the further collection and use of your Personally Identifiable Information.

Disclosure to Others

In addition, we may disclose Personally Identifiable Information under the following circumstances to: (1) protect our legal rights, privacy or safety, and those of our subsidiaries, affiliates, employees, agents and contractors; (2) protect the safety and security of visitors to our web sites or other properties; (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from government, regulatory, law enforcement or public authorities; (5) permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages that we may sustain; (6) enforce our Terms of Use; or (7) comply with subpoenas, search warrants, the law or other legal process.

Social Media Plug-Ins and Sharing with Other Sites You May Authorize.

Social media plug-ins of social networks, which may include but are not limited to Facebook, Twitter, Tumblr and Pinterest, may be integrated into our Site. Where our Site contains a plug-in to a social networking site, these are clearly marked (i.e. with a button). If you choose to click on one of these buttons or links, you browser will connect directly to the servers of the relevant social networking site. The social media network directly transmits the content of the plug-in to your browser. If you are a member of a social network service or you use other Internet sites where you have authorized them to gather information about your online behavior on the Exposed Zippers Site, including your use of a plug-in or other participation in any behavioral reporting program that they may operate on or off of their own site, Exposed Zippers may share information regarding your activities on our Site with those third parties pursuant to your authorization, and they may associate that information with Personally Identifiable Information they already have about you (such as your Facebook Profile) and use it to improve their site or services or for other purposes. Exposed Zippers does not control the privacy policies of such third parties, and their privacy policies will govern their use of your information once it has been transmitted by Exposed Zippers. Exposed Zippers assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third parties that you authorize to gather information from Exposed Zippers.

6. THIRD PARTY ADVERTISING AND LINKS TO OTHER SITES

Exposed Zippers does not control the privacy policies of its advertisers or other third parties that have Web sites linked to the Site or with whom we may share your information in accordance with this Policy. If you click on an advertisement or link, the privacy policies of the Web site that you link to will govern the use of your information by that Web site’s operator. Exposed Zippers assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third-party Web sites you link to.

7. GUIDELINES REGARDING CHILDREN (COPPA)

Exposed Zippers is not designed or intended for use by children under 13. If you are under 18, you should use Exposed Zippers only with involvement of a parent or guardian. At various places on the Site, we may ask users for their age. Children under 13 are expressly prohibited from submitting any Personally Identifiable Information (as defined below) to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.

8. PUBLIC FORUMS

Please remember that information posted to message boards, chat rooms, blogs and other user forums become public information. Please use caution when posting. Individuals under the age of 18 should be especially careful not to provide any Personally Identifiable Information when participating in an area of the Site where posting might become public. If you voluntarily disclose Personally Identifiable Information in a public area of the Site, such as a comment box, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. Exposed Zippers does not control the actions of users in public areas of the Site. If you disclose Personally Identifiable Information in a public area, you do so at your own risk. Please see our Terms of Use for the standards of behavior that must be followed when using these portions of the Site.

9. HOW WE PROTECT AND SECURE YOUR INFORMATION

We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the Personally Identifiable Information under our control. Please be advised, however, that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss which is beyond our control. While we strive to protect your Personally Identifiable Information, we cannot ensure or warrant the security of any Personally Identifiable Information you transmit to us. Any transmission is done at your own risk. Accordingly, Exposed Zippers assumes no responsibility or liability for disclosure of your information (personally identifiable or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond Exposed Zippers’ reasonable control.

10. APPLICABLE LAW

We control and operate the Site from the State of New York in the United States. The interpretation and application of this Privacy Policy shall be governed by the laws of the United States and the State of New York without regard to its conflict of law provisions. This Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that the Site is appropriate for use in any particular jurisdiction. Those who choose to access the Site do so at their own initiative and are responsible for complying with all local laws, rules and regulations. If you are located in a country outside of the United States and submit personal information to us, you are consenting to the transfer, processing, storage and use of that information in the United States as provided in this Policy.

11. YOUR CALIFORNIA PRIVACY RIGHTS (California residents)

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email us at info@exposedzippers.com or write to us:

Exposed Zippers, Inc.
Attn: California Privacy Rights
77 East Houston Street
New York, NY 10012

12. ACCEPTANCE OF PRIVACY POLICY

When you use the Site, you are accepting the terms and conditions of this Policy, and Exposed Zippers will have the right to use your Personally Identifiable Information or other information about you as described in this Policy. If you do not agree to have your information used in any of the ways described in this Policy, you must not use the Site. If you have questions or concerns about this Policy, please contact info@exposedzippers.com or write to Exposed Zippers at the contact address listed below.

13. CHANGES TO THIS PRIVACY POLICY

From time to time, we may revise this Policy to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use. You can determine when this Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to this Policy will become effective upon posting of the revised Policy on the Internet, accessible through the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, please do not continue using the Site. To the extent that a court of applicable jurisdiction determines that applying any changes to this Policy would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid this Policy being deemed illusory or unenforceable.

14. TERMS OF USE

Your access to and use of the Site is also subject to the Terms of Use.

15. CONTACT INFORMATION

Exposed Zippers, Inc.
77 East Houston Street
New York, NY 10012

×

Newsletter Signup