Terms, Conditions, and Privacy Policy of Lightpost Digital, Inc.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING LIGHTPOSTDIGITAL.COM. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU WILL NOT HAVE ANY RIGHT TO USE LIGHTPOSTDIGITAL.COM OR SERVICES.

Last Updated: August 8, 2016

Acceptance of Terms

The following terms and conditions govern all use of the Lightpost Software. The Software is owned and operated by Lightpost Digital Inc.

Changes

Lightpost Digital reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Software following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Refunds

Advertiser agrees to pay the monthly fees for online marketing as outlined on signed Online Marketing Agreements with the Contract Start Date. Advertiser agrees to keep a valid credit card on file with Lightpost. If the credit card is declined at any time, Lightpost will pause all services and notify Advertiser to update payment terms to keep this Agreement active. Advertiser agrees there are no refunds for services performed as outlined and agreed upon in signed Online Marketing Agreements. The Marketing
Agreement may be extended on a month to month basis if agreed upon by the Advertiser after the initial term. If extended on a month to month or the initial contract date has passed, the Advertiser may cancel at any time after the initial Contract Period with 30 days written notice.

Privacy

Lightpost Digital’s current privacy policy is available BELOW (Scroll down to this page to view the Privacy Statement), which is incorporated by this reference. We strongly urge you to review the Privacy Statement.

Proprietary Rights

You agree that all content and materials delivered via the Website or otherwise made available by Lightpost Digital on the Software are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Lightpost Digital in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Systematic retrieval of data or other content from this Software to create or compile, directly or indirectly, a collection, database or directory without written permission from Lightpost Digital is prohibited. Reproducing, copying or distributing any content, materials or design elements on the Software for any other purpose is strictly prohibited without the express prior written permission of Lightpost Digital. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

No Warranties

THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE SOFTWARE) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LIGHTPOST DIGITAL, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SOFTWARE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL LIGHTPOST DIGITAL, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless Lightpost Digital, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys’ fees that arise from your use or misuse of the Software. Lightpost Digital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Lightpost Digital in asserting any available defenses.

International Use

Lightpost Digital makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Software is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Lightpost Digital agree that any cause of action arising out of or related to the Software must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Software shall be filed only in the state or federal courts located in California, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Software is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability

These Terms of Use are the entire agreement between you and Lightpost Digital with respect to the Software, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Lightpost Digital with respect to this Software (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous

These Terms of Use and the Software contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Lightpost Digital’s prior written consent. Lightpost Digital may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices

Unless otherwise indicated, these Terms of Use, Lightpost Digital, and all Content provided by Lightpost Digital are copyright © 2016 Lightpost Digital Inc. All rights reserved.

“Lightpost Digital” as well as page headers, custom graphics, buttons, images and other content on the Software, is subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Lightpost Digital, Inc. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Software are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Software is strictly prohibited.

Privacy Statement

Privacy Statement for Lightpost Digital Inc. knows that you care about how your personal information is used and shared. Lightpost Digital takes your privacy seriously. Please read the following to learn more about our Privacy Statement. By visiting the site www.lightpostdigital.com and domain name, or otherwise accessing any of our Software, linked pages, features, content, products or application services offered from time to time by Lightpost Digital in connection therewith (collectively, the Site and Software), you acknowledge that you accept the practices and policies outlined in this Privacy Statement

What Does The Privacy Policy Cover

This Privacy Statement covers Lightpost Digital’s treatment of personally identifiable information (Personal Information) that Lightpost Digital gathers when you access the Site and when you use Lightpost Digital’s services. This policy does not apply to the practices of companies that Lightpost Digital does not own or control, or to individuals that Lightpost Digital does not employ or manage.

What Personal Information Does Lightpost Digital Collect

The information Lightpost Digital gather from customers enables us to personalize and improve our services. Lightpost Digital collect the following types of information from our customers:

Personal Information You Provide to Us

Lightpost Digital may receive and store any information you enter on our Lightpost Digital website or websites we host or provide to us in any other way. The types of Personal Information collected may include your full name, gender, email address, mobile phone number, credit card and/or other payment information, IP address, browser information, username, password, time zone and any other information necessary for us to provide our services. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide may be used for such purposes as responding to your requests for certain products and services, customizing the advertising and content you see and communicating with you about specials, sales offers and new products.

Personal Information Collected Automatically

Lightpost Digital receives and stores certain types of information whenever you interact with our Site or use our services. Lightpost Digital automatically receives and records information on our server logs from your browser including your IP address, cookie information and the page you requested.

Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Site and its components, similar to TV ratings that indicate how many people watched a particular show. Lightpost Digital only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Site or services so that Lightpost Digital can make the Site appealing to as many customers as possible and improve those services. As part of this use of information, Lightpost Digital may provide aggregate information to our partners about how our customers, collectively, use our Site or services. Lightpost Digital share this type of statistical data so that our partners also understand how often people use the Site or services, so that they, too, may provide you with an optimal online experience. Again, Lightpost Digital never discloses aggregate information to a partner in a manner that would identify you personally.

Notice of Privacy Rights to California Residents

California law requires that Lightpost Digital provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, Lightpost Digital will provide you with the categories of Personally Identifiable Information that Lightpost Digital collects through the Lightpost Digital website and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information Lightpost Digital collects and what third parties Lightpost Digital share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.

E-mail Communications

Lightpost Digital often receives a confirmation when you open an email from Lightpost Digital if your computer supports this type of program. Lightpost Digital uses this confirmation to help make emails more interesting and helpful. Lightpost Digital also may compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. When you receive e-mail from Lightpost Digital, you can opt out of receiving further e-mails by going to the bottom of the email and clicking unsubscribe.

Information from Other Sources

For purposes such as improving the personalization of our service, Lightpost Digital may receive information about you from other sources and add it to our account information. Lightpost Digital also sometimes receive updated delivery and address information from our shippers or other sources so that Lightpost Digital can correct our records and deliver your next purchase or communication more easily.

What About Cookies

Cookies are alphanumeric identifiers that Lightpost Digital transfers to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Lightpost Digital use cookies to enhance visitors’ experiences, to learn more about their use of the Site and to improve quality.

Most browsers have an option for turning off the cookie feature which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allow you to decide on the acceptance of each new cookie in a variety of ways. Lightpost Digital strongly recommends that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Site’s most attractive features.
Ads appearing on the Site may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Statement covers the use of cookies by Lightpost Digital and does not cover the use of cookies by any advertisers.

Will Lightpost Digital Share Any of the Personal Information it Receives

Personal Information about our customers is an integral part of our business. Lightpost Digital neither rent nor sell your Personal Information to anyone. Lightpost Digital share your Personal Information only as described below.

Lightpost Digital may share your information with Merchants: From time to time, Lightpost Digital provides offers from particular Merchants who, as part of the offer, request information on customers who purchased the offer. In those cases, Lightpost Digital shares some of your Personally Identifiable Information with Merchants. Sharing this Information will allow a Merchant to market directly to you should they choose to do so. However, Lightpost Digital will only share Personally Identifiable Information with a Merchant if you purchase a Voucher from said Merchant, and only with this Merchant. Lightpost Digital specifically disclaims any responsibility or liability for the actions of such Merchant. While Lightpost Digital informs them that they are only permitted to communicate with you for the purposes of the specific promotion with Lightpost Digital, Lightpost Digital does not have any responsibility for the actions of the Merchant, and the actions of the Merchant are not in our control.

Affiliated Businesses Lightpost Digital Does Not Control: Lightpost Digital anticipates that Lightpost Digital may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through the Site. In other situations, Lightpost Digital may provide services or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and Lightpost Digital will share your Personal Information that is related to such transactions with that affiliated business.

Agents: Lightpost Digital employs other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless Lightpost Digital tells you differently, Lightpost Digital’s agents do not have any right to use Personal Information Lightpost Digital share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

Communication in response to User Information: As part of the Site and services, you will receive from Lightpost Digital email and other communication relating to your User Information. You acknowledge and agree that by posting such User Information, Lightpost Digital may send you email and other communication that it determines in its sole discretion relate to your User Information.

Business Transfers: In some cases, Lightpost Digital may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Lightpost Digital, or substantially all of its assets we are acquired, or in the unlikely event that Lightpost Digital goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Lightpost Digital may continue to use your Personal Information as set forth in this policy.

Protection of Lightpost Digital and Others: Lightpost Digital may release Personal Information when Lightpost Digital believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property or safety of Lightpost Digital, our employees, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

CONDITIONS OF USE

If you decide to visit the Lightpost Digital, your visit and any possible dispute over privacy is subject to this Privacy Statement and our Terms of Use, including limitations on damages, arbitration of disputes and application of California state law.

Is Personal Information About me Secure

Your Lightpost Digital Personal Information is protected by SSL encryption for your privacy and security and all payment information is stored with a PCI Level 1 third-party NMI, Inc. www.nmi.com. Lightpost Digital does not store any credit card information on Lightpost Digital owned servers for your protection.

Lightpost Digital endeavors to protect user information to ensure that user account information is kept private; however, Lightpost Digital cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Site contains links to other sites. Lightpost Digital is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Statement only governs information collected on the Site or otherwise by Lightpost Digital.

This Privacy Statement addresses only the use and disclosure of information Lightpost Digital collect from you. If you disclose your information to others on the Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Lightpost Digital does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Lightpost Digital encourages you to ask questions before you disclose your personal information to others.

What Choices Do I Have

As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Site and services.

You are able to add or update certain information on pages, such as those listed in the “What Personal Information Can I Access” section above. When you update information, however, Lightpost Digital often maintains a copy of the unrevised information in our records.

You may request deletion of your Lightpost Digital account by sending an e-mail to support@lightpostdigital.com. Please note that some information may remain in our records after deletion of your account for reporting purposes.

CAN CHILDREN USE LIGHTPOST DIGITAL’S SERVICES

Our site and the services available through Lightpost Digital are not intended for children under the age of 18. Lightpost Digital does not knowingly or specifically collect information about children under the age of 18 and believes that children of any age should get their parents’ consent before giving out any personal information. Lightpost Digital encourages you to participate in your child’s Lightpost Digital experience. Lightpost Digital recommends that parents use Internet filtering technology to supervise their kids’ access to the Internet.

Changes to this Privacy Statement

Lightpost Digital may amend this Terms & Privacy Statement from time to time. Use of information Lightpost Digital collect now is subject to the Terms & Privacy Privacy Statement in effect at the time such information is used. If Lightpost Digital makes changes in the way Lightpost Digital use Personal Information, Lightpost Digital will notify you by posting an announcement on our Site or sending you an email. Users are bound by any changes to the Privacy Statement when he or she uses the Site after such changes have been first posted.

Questions or Concerns

Effective Date: August 8, 2016.

You may contact Lightpost Digital at the following address:

3111 Camino Del Rio North Suite 400
San Diego, CA 92108
P: (619) 481-6511

If you have any questions or concerns regarding privacy on our Site, please send us a detailed via email or regular mail.

Lightpost Digital will make its best effort to reply.