PRIVACY NOTICE

Effective:  November 1, 2014

1.61 LLC (“1.61”) is concerned about your privacy and we provide this privacy notice (“Notice”) to inform you of our policies and procedures regarding the collection, use and disclosure of personal information and data we receive from users of the website we own and operate, namely WWW.161STUDIO.COM ("Site"). This Notice applies only to information collected through the Site.

By visiting this Site, you are accepting the policies and practices described in this Notice, as such Notice may be amended from time to time.  Each time you visit the Site, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Notice.

To be clear about the terminology we are using, when we use the phrase "Personal Information" in this Notice, we mean information about you that is personally identifiable, like your name, address, e-mail address, billing information, or phone number, as well as other non-public information that is associated with this personal information.  When we use the phrase "Anonymous Information" in this Notice, we mean information that is not personally identifiable, or linked to your Personal Information such as aggregated information, general demographic information and IP addresses. Anonymous Information does not enable identification of individual persons.

IF YOU ARE A USER ACCESSING THE SITE FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITE, WHICH ARE GOVERNED BY UNITED STATES LAW, THIS PRIVACY NOTICE, AND OUR TERMS OF USE, YOU ARE TRANSFERRING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSFER. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSFERRED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE PROCESSING OF PERSONAL INFORMATION IN YOUR COUNTRY.

1.  The Information We Gather
We collect information about you in a number of ways:

We collect and maintain information that you voluntarily submit to us during your use of the Site. For example:

when you purchase merchandise through the Site, you may provide us certain information including your name, email address, physical address, screen name and/or password, billing information or other information we may require;
you may provide us with Personal Information in the course of changing, cancelling or checking on an order; and if you purchase merchandise through the Site, we or a third party vendor may collect payment and/or credit card information on our behalf.


You may request data deletion.  You may request that any personal data we receive from you be deleted from our database.  Please review the section below on Your Choices for further information on data deletion.

As you use the Site, certain information may also be passively collected. Through technologies like cookies, pixels, beacons and log files, we may collect information about how you use the Site. Please see the sections below on Cookies and Log Data for more information.

2.  How We Use Your Information
We will use your Personal Information in the ways described below or described at the time that the information is collected.

In general, we use your Personal Information as necessary or appropriate to:

respond to your inquiries or requests that you direct to us;
send communications and administrative emails about the Site;
send you promotional/marketing information, newsletters, offers or other information from us;
provide you with opportunities that we think would be of particular interest to you;
improve the quality of the Site.
 

Log Data.  When you use the Site, our servers automatically record information from your browser ("Log Data"). This Log Data may include information such as your computer's Internet protocol address (more commonly known as an IP address), browser type, the webpage you were visiting prior to your arrival at the Site, the pages of our Site that you visit, the time spent on those pages, access times and dates, and other statistics as well as the unique identifier for your computer, mobile phone or any other electronic device used to access the Site. We use this information to monitor and analyze use of the Site, for their technical administration, to increase their functionality and user-friendliness, and to better tailor them to the needs of our Users. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information.

Cookies: Like many websites, we use "cookies" to collect information.
A cookie is a small data file that we transfer to your browser for record-keeping purposes. We use cookies for two purposes. First, we may utilize persistent cookies to save your registration information. Second, we utilize session ID cookies to better understand how you interact with the Site and to monitor aggregate usage and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or functionalities of the Site .  Any Personal Information gathered through the use of cookies is subject to the same efforts to protect your privacy as outlined above.

3.  How We Share and Disclose Information
We know how important it is to keep the information you've entrusted to us confidential. We will not rent, sell or share your Personal Information with third parties except as specifically approved or under the circumstances described below. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Notice, you should not use the Site.

Users.   Any information you choose to provide should reflect how much you want 1.61 and third parties to know about you. We recommend that you guard your anonymity and Personal Information and we encourage you to think carefully about what Personal Information you disclose.

Service Providers. We may employ third party companies and individuals to facilitate or enhance our Site or to perform tasks (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site) or to assist us in analyzing how our Site is being used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Affiliate Site.  When you access a website or communicate with or use an application (mobile or otherwise) operated by any entity other than us (e.g., a social networking site like Facebook or Twitter), we call that website or service an Affiliate Site.   Unless we clearly indicate otherwise at the time of collection, we do not share Personal Information with Affiliate Sites.  Please be aware however that our Affiliate Sites may collect information about you.  By the mere virtue of your presence on the Affiliate Site, the Affiliate Site may be able to collect information about you and/or the way you interact with the Affiliate Site.    There may be a specific privacy policy on any such Affiliate Site.  Please see the Affiliate Site’s privacy policy to better understand what information is collected, how it is used and shared, and your choices regarding control.

Aggregated, Anonymous Information. We may share aggregated Anonymous Information about you with third parties. Aggregated information is your Anonymous Information that is combined with the Anonymous Information of other users and does not allow you to be identified or contacted. Depending on the circumstances, we may or may not charge third parties for this aggregated information, or limit the third parties' use of the aggregated information.

Compliance with Laws and Law Enforcement. We will disclose any information about you to government or law enforcement officials or private parties as we in good faith believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to comply with applicable laws, to protect the property and rights of 1.61, you or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Within our Company; Changes to our Company. We may share all or some of your Personal Information with any of our subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Notice.  Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Notice, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Notice.

4.  Children's Information
The Site is not directed or intended for children under 13 years of age. We do not knowingly collect or solicit Personal Information from individuals under 13 years of age.  No one under age 13 may provide any Personal Information to or on the Site. If you are under 13 years of age, you should not register or provide Personal Information through the Site. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user's Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at desk@161studio.com so that we may delete and remove such child's information from our systems.

We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the internet and we encourage parents to teach their children about safe internet use practices.

If you believe that we might have any information from a child under age 13, please contact us via email at desk@161studio.com.

5.  Other Third Party Links
The Site may provide link to websites operated by third parties that we do not control, including the Third Party Websites and Applications described above.  We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Notice applies solely to information collected by us through the Site and does not apply to these third party websites. The ability to access information of third parties from the Site, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations or their content.


Google Analytics.  This Site may use Google Analytics, a website analysis service by Google Inc. (“Google”). Google Analytics uses "cookies" to analyze your use of the Site. The information generated by the cookie about your use of the Site is sent to and stored at a Google server in the U.S.  Google will use this information to evaluate your use of the Site, to compile reports on Site activities for website operators and to provide other services related to Site and internet activities. Google will not associate your IP address with any other data held by Google. You can prevent the installation of cookies by adjusting the settings of your browser; however, if you do so, you might be unable to use all features of this Site. Further, you can prevent the collection of data generated by cookies and related to the use of this websites by downloading and installing the “plug-in” under the following link: HTTP://TOOLS.GOOGLE.COM/DLPAGE/GAOPTOUT.

6.  Security and Data Retention
1.61 is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Although "guaranteed security" does not exist either on or off the Internet, we make commercially reasonable efforts to make the collection and security of such information consistent with this Notice and all applicable laws and regulations.

We will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose remains valid after termination of our relationship with you.

7.  Your Choices
Remember, you have several choices available when it comes to your Personal Information:

Limit the Personal Data You Provide. You can use the Site without providing any Personal Information or with limiting the Personal Information you provide. If you choose not to provide any Personal Information or limit the Personal Information you provide, you may not be able to use certain Site functionality, including the ability to purchase merchandise.

 8. California Residents. California residents are allowed request a list of personal information we disclosed to third parties for direct marketing purposes, alongside the identities of those third parties.  This request is free, and California residents are allowed one per year under California Civil Code 1798.83.   You may submit these requests to desk@161studio.com, subject line “Shine the Light Law Request”. 

9.  Contacting Us
If you have any questions about this Privacy Notice, please contact us by e-mail at: desk@161studio.com.

10.  Privacy Notice Changes
We reserve the right to change, modify, add or remove portions of this Notice at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Notice without giving you an opportunity to opt-out of such differing uses.  Your continued use of the Site after this Notice has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Notice, as amended. We encourage you to bookmark this Web page and review this Notice regularly.

 

DMCA POLICY
1.61 LLC has adopted the following procedures to respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act.  The address of our designated agent to receive notification of infringement ("Designated Agent") is listed at the end of this policy.

It is our policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A.  How to Report Copyright Infringement:
If you believe that material or content residing on or accessible through the Site or an Interactive Forum on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
Contact information about the copyright owner including address, telephone number and, if available, e-mail address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
A statement that  you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Upon Notification to the Designated Agent:
It is our policy:

to remove or disable access to the infringing material;
to notify the content provider, member or user that it has removed or disabled access to the material; and
that repeat offenders will have the infringing material removed from the system and that we will terminate such content providers, member's or user's access to the Service.
C.   Counter-Notice by Content Provider:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
Content providers, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content providers, member's or user's address is located, or if the content providers, member's or user's address is located outside the United States, for any judicial district in which 1.61 LLC is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.

END

TERMS AND CONDITIONS

TERMS OF USE
THESE TERMS OF USE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE 1.61 LLC WEBSITE AT WWW.161STUDIO.COM (THE “SITE”).

PLEASE READ THE TERMS OF USE CAREFULLY IF YOU WISH TO USE THE SITE OR SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE SITE.

Privacy
We are very sensitive to your privacy. Please see our PRIVACY NOTICE for information and disclosures relating to the collection and use of your personal information and data in connection with your use of the Site.

Use of Site
No charge is made for the general use of the Site unless you purchase merchandise through our Site.    

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time. If we do this, we will post the changes to these Terms on this page.  Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site.

Placing an Order
On the STORE page, you will be able to choose the type of product, size of the product and quantity of the product.  Once you have made your selections, click on the “Add to Cart” button and the product(s) will then be placed in your shopping bag.  In the shopping bag, you will be able to change the quantity, delete items from your bag, and update your bag. If you're ready to complete your order, click on the “Checkout” button.  You will then be prompted to provide your billing information, shipping information, shipping method and payment information.

Returns, Changes or Cancellations of an Order
Please refer to our Frequently Asked Questions page for information on our return policy and for changing, exchanging or cancelling an order once it has been placed.

Payment and Shipping Options
Please refer to our Frequently Asked Questions page for information on our acceptable methods of payment and for shipping options

Registration  and Security
By purchasing merchandise on our Site, you are representing to us that you are authorized to use the credit card or other form of payment you submit (if any).  We use third parties to facilitate payment transactions and you should review such third party terms and conditions before entering into any transaction. We are not liable or responsible for such third party transactions.

If any part of our Site requires a login or password, then such login and password are for your personal use only.   You may not reveal your login or password to anyone else or permit anyone to use your login or password to access the particular area of the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify us immediately when the security of your login or password has been breached.


Proprietary Rights
All content on the Site, including but not limited to visual interface, interactive features, computer codes, products, software, aggregate user review ratings, designs, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, and their selection and arrangement ("Site Content") is our proprietary property, with all rights reserved.

Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained within the Site without our express prior written consent.

Third Party Websites and Content
The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, mobile applications, “plug-ins”, offers and other content or items belonging to or originating from third parties ("Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

Indemnification
You hereby agree to indemnify, defend and hold us , our subsidiaries, parent corporation and affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Parties"), harmless from and against any and all liability, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Parties in connection with any claim arising out of your use of the Site and/or Service, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, upload, post, transmit or make available through the Service, your violation or breach of any these Terms, your connection to the Site or Service, or your violation of the rights of any other person or entity.

Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE YOUR USE OF THE SITE AND SERVICE.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE OR SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE.  WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

We have the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Site, including but not limited to, hours of availability, equipment needed for access or use, or the availability of the Service on any particular device or communications service.  We have no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Site.

Limitation of Liability
IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SITE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION AND LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.

Eligibility
The Site is operated primarily from the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.  In choosing to access the Site you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.  

IF YOU ARE A USER ACCESSING THE SITE FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITE, WHICH ARE GOVERNED BY UNITED STATES LAW, THIS PRIVACY POLICY, AND OUR TERMS OF USE, YOU ARE TRANSFERRING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSFER. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSFERRED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.

California Residents

California Consumer Affairs.  Per California Code of Civil Procedure 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs: 1625 North Market Blvd., Sacramento, CA 95834; (916) 445-1254 or (800) 952-5210.

General
These Terms, including the policies referred to in these Terms, constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements. These Terms cannot be changed or terminated orally.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site.

You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our  affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part.  You may not assign, sublicense, or delegate your rights hereunder.

The formation, construction and interpretation of these Terms shall be controlled by the laws of the State of New York, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in the County of New York, State of New York, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.

The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

END