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Nature Cast Privacy Policy
PRIVACY POLICY EFFECTIVE SEPTEMBER 30, 2014 OUR COMMITMENT TO PRIVACY Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. In this policy, “Personal Information” is defined as data and facts about you that is collected by NatureCast.com (“Nature Cast”) or its affiliate websites, but does not include your IP address. THE INFORMATION WE COLLECT This policy applies to all information collected or submitted on the Nature Cast website, including all affiliated websites, including but not limited to: Naturecast.com, Naturecastmetalworks.com, Naturecast.us, Naturecastmetalworks.us, kmkdesigns.net, and orderkmk.com. On some pages, you can order products, make requests, submit product reviews, and register to receive materials or communications from us. The types of Personal Information collected at these pages are: Name Address Email address Phone number Credit/Debit card information Transaction Information On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of Personal Information collected are: Name Address Email address Phone number THE WAY WE USE INFORMATION Nature Cast does not sell, rent or provide your "Personal Information" to third parties, except as described below. Personal Information is generally kept for Nature Cast business which is primarily used to assist you in your current or future purchases or in analyzing sales trends. We use your Personal Information you provide about yourself when placing an order primarily to complete that order. Personal Information from the order form is used to send orders, information about our company, and promotional material from some of our partners to our customers. Personal Information is also used to get in touch with the customer when necessary. Users may opt-out of receiving future mailings by following the directions in those mailings. NatureCast sometimes uses online surveys which ask visitors for Personal Information which usually includes contact information (typically the customer's email address) and demographic information (like their zip code, age, or income level). We use Personal Information gathered from our surveys to send the user promotional material from Nature Cast. Nature Cast periodically may run contests on our site in which we ask visitors for selected Personal Information such as contact information (typically the customer's email address) and demographic information (like their zip code, age, or income level). We use Personal Information gathered from contests to send users promotional material from Nature Cast and at times, to some of our partners. The customer's Personal Information is also used to contact the visitor when necessary (i.e. when someone wins a contest.). Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. Nature Cast shares Personal Information with third parties in certain limited circumstances: Nature Cast may share Personal Information with a third party with your consent. For example, if we offer the option to enroll in Bill Me Later, which is an independent third-party payment service. If you choose to enroll in Bill Me Later, we will share your email address with Bill Me Later to facilitate the enrollment process and Bill Me Later’s subsequent use of your Personal Information will be governed by Bill Me Later’s Privacy Policy. Nature Cast may provide Personal Information to affiliated companies or other trusted businesses or persons for the purpose of processing Personal Information on our behalf. Nature Cast requires that these parties agree to process your Personal Information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. These third parties may only use your Personal Information to the extent required to perform their services on our behalf. We may provide Personal Information to third parties or marketers for their marketing purposes. We do not provide your entire credit card or debit card numbers to any of these third parties or marketers, but may provide the last four digits of those numbers to a third party or marketer to aid those third parties or marketers in differentiating individuals from one another. We may buy or sell subsidiaries or business units. Generally, in these transactions, customer information (including Personal Information) is a transferred asset. That information will remain subject to the then-existing Privacy Policy until or unless you provide consent for any updated use of your Personal Information. We may share Personal Information to the extent required by legal process or enforceable governmental request. We may share Personal Information with third parties to detect, prevent, or otherwise address fraud, security, or technical issues. These third parties may place and read cookies on your browsers, or may use web beacons or similar technologies to collect information in connection with the Google Trusted Merchant Program. COOKIES AND IP ADDRESSES Nature Cast may also collect, use, and monetize IP Addresses. An IP Address is a convention of the Internet Protocol that identifies your "virtual" address on the internet. This IP Address is not personal to you and does not identify any of your Personal Information. All devices connected to a network have an IP Address permitting communication to and from the device. If you connect to the Internet from your computer, then you have an IP Address that looks something like this: 209.17.654.152. In the simplest possible terms, your IP Address contains no data that identifies you as a person. It is only a logical address allowing you to connect to others and others to locate your computer. We use an IP Address for a number of uses as set forth herein. We use an IP Address to help diagnose problems with our server, and to administer our Web site. The IP Address is used to help identify you and your shopping cart and to gather broad demographic information. Our site may use cookies (small pieces of data we store for an extended period of time on your computer, mobile phone, or other device) to keep track of your shopping cart. We use cookies for other purposes such as site personalization. You can reject cookies and still use the Nature Cast site, however, it will disable the ability for the site to recognize your cart, your account and any personalization efforts. In addition to the disclosure of Personal Information to third parties as described above, Nature Cast may monetize or otherwise provide anonymous IP Addresses to other third parties. Nature Cast may sometimes employ other companies and individuals to perform functions on our behalf. Examples of such may include hosting our website, providing marketing assistance, providing search results and links, retargeted advertising, analyzing data, etc. These third parties have access only to IP Addresses and do not have access to your Personal Information. However, as disclosed above, Nature Cast may disclose Personal Information to third parties in certain limited circumstances. EXTERNAL LINKS This site contains links to other sites. This Privacy Policy applies to the Nature Cast website and its affiliated websites only. We do not exercise control over the privacy practices or content of any of the external links. These external links may place their own cookies or other files on your computer, collect data or solicit personal information from you. YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO CONTENT AND MATERIAL SUBMITTED BY YOU Any comments, reviews, posts, feedback, questions, answers, notes, messages, images, video, audio, materials, ideas, suggestions or other communications you submit on Nature Cast are not private or proprietary. By submitting User Content on or through Nature Cast, you grant Nature Cast and its affiliates an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future. By submitting such User Content on or through Nature Cast, you are confirming that (a) you are the sole author of the User Content and the User Content originated with you and was not copied in whole or in part from any other work; (b) you have obtained all necessary permissions associated with the User Content, including without limitation permissions relating to copyrights, trademarks, rights of publicity and/or rights of privacy; (c) the User Content does not contain hate speech or profanity and is not libelous, obscene or otherwise in violation of this Agreement, and (d) that you are not a minor and have the legal right and capacity to enter into and comply with these Terms. By submitting any such User Content on or through Nature Cast, you grant Nature Cast permission to use your name, alias and any other information (as provided by you) to attribute such User Content to you. Without limiting the generality of the previous sentence, and subject to our Privacy Policy, you authorize Nature Cart and its affiliates to share the User Content across all affiliated Web sites, and to use your name and any other information in connection with its use of such User Content. You also grant Nature Cast and its affiliates the right to use any material, information, ideas, concepts, know-how or techniques contained in such User Content. We are not responsible for the similarity of any of our Content or programming in any media to User Content submitted by you. Any and all rights granted in this section are granted without the need for any compensation to you in any form. User Content does not reflect the views of Nature Cast, and Nature Cast does not represent or guarantee the truthfulness, accuracy, completeness, timeliness or reliability of any User Content, nor endorses or supports any opinions expressed in any User Content. In no event shall Nature Cast have or be construed to have any responsibility or liability for or in connection with any User Content. If we determine, in our sole discretion, you or any User Content you submit violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content, (c) revoke your registration and right to use the User Content Submission Features and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password. NATURE CAST DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS WEB SITE. OUR COMMITMENT TO DATA SECURITY To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. For example, we work to protect the security of your Personal Information during any transmission of same by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four or five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. You also have the option to access NatureCast.com and affiliates’ websites from your mobile or wireless device. When using your mobile device or a wireless network, the carrier or network administrator may have access to your Personal Information. For information regarding your carrier or network administrator’s treatment of your information, please consult their respective privacy policies. Our Commitment To Children’s Privacy Protecting the privacy of the very young is especially important. For that reason, we do not collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. OPTING OUT OF COMMUNICATIONS FROM NATURE CAST There is an unsubscribe link in every email that we send. You can be removed instantly from our list by clicking it. OPTING OUT OF HAVING OUR MARKETING PARTNER DELIVER ADS TAILORED TO YOUR WEB PREFERENCES AND USAGE PATTERNS If you choose NOT to have our marketing partners deliver ads tailored to your Web preferences and usage patterns, you can opt out of this usage of your Personal Information by visiting the Network Advertising Initiative Opt-out Tool located at:http://www.networkadvertising.org/managing/opt_out.asp and opting out from targeted ads delivered by various marketers. OPTING OUT OF SHARING INFORMATION WITH THIRD PARTY PARTNERS FOR MARKETING PURPOSES If you prefer that we do not share your Personal Information with other marketers, please send us an email containing the subject line “opt out” to info@naturecast.com. CHANGES TO THIS PRIVACY POLICY We may change or replace this Privacy Policy at any time. If we make material changes, we will provide current customers with a revised notice that describes our new practices or a link to the new privacy policy. LEGAL NOTICES Last updated: September 30, 2014 The use of kmk designs, Inc. ("Nature Cast"), and its affiliated websites is governed by the following legal notices and conditions. By using Nature Cast and its affiliated Websites, you agree to these conditions. HYPERLINKS Some of the links we make available to you through our website will redirect you to leave our website(s). We cannot guarantee that the hyperlinks set out on our website(s) will be accurate in any respect. Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control. We cannot and do not monitor the websites linked to our pages on the Internet. Accordingly, we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. We believe that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by Nature Cast or their sites or their content. ELECTRONIC COMMUNICATIONS Communications between you and Nature Cast may be done electronically. We may send you communications from us electronically, whether by e-mail, by posting notices on the website, or other electronic means. You agree that any such electronic communications are considered to be communications in writing. You should not send personal information such as addresses or credit card information by e-mail. INTELLECTUAL PROPERTY All content included on the website, including but not limited to text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is the property of Nature Cast or its suppliers and protected by United States and international copyright laws. Nature Cast graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Nature Cast in the United States and/or other countries. These trademarks and trade dress may not be used in any manner prohibited by law or prohibited by Nature Cast, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit Nature Cast. There may be other trademarks not owned by Nature Cast appearing on the website. Those trademarks are the property of their respective owners, who may or may not be affiliated with Nature Cast. LICENSE AND SITE ACCESS Nature Cast grants you a limited license to use its websites for personal use only. You may not copy or reproduce the website, or any portion of it, without Nature Cast’s express written consent. In addition, Nature Cast grants you a limited, revocable, and nonexclusive right to create a hyperlink to Nature Cast’s website, so long as the link does not portray Nature Cast in a misleading, derogatory, false, or otherwise offensive manner. YOUR ACCOUNT You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Nature Cast reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you are under 18, you may not use Nature Cast without the involvement of a parent or guardian over the age of 18. SECURITY The Internet, being an open network, is not secure. If you choose to send any electronic communications to Nature Cast by means of this website (whether by means of email or posted messages on the website), you recognize the inherent risk of such an open network. Nature Cast does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, Nature Cast makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security. Such personal information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You may post content on certain portions of Nature Cast's websites, and submit other content or information to Nature Cast, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by Nature Cast. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own e-mail address in submitting or posting such content. Nature Cast reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Posting content or submitting material shall grant Nature Cast the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license. You grant Nature Cast and sublicensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material, and that you will indemnify Nature Cast for all claims resulting from content you supply. Nature Cast has the right but not the obligation to monitor and edit or remove any activity or content. Nature Cast takes no responsibility and assumes no liability for any content posted by you or any third party. COPYRIGHT POLICY Nature Cast prohibits copyright infringement by users of its and its affiliates websites and will remove or disable access to any content that you submit that infringes any copyright, if we are properly notified or otherwise determine that the submission is or may be infringing. Without limiting any other rights that Nature Cast may have, Nature Cast reserves the right to remove or disable access to any allegedly infringing content without notice. Any copyright owner or its authorized agent who believes that any content infringes such owner’s copyright may submit notification to Nature Cast pursuant to the Digital Millennium Copyright Act (“DMCA”), see 17 U.S.C. § 512. The notification must contain the following: (1) a physical or electronic signature of the copyright owner or its authorized agent, (2) an identification of the copyrighted work allegedly infringed, (3) identification of the content that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient for Nature Cast to locate the content, (4) contact information for the copyright owner or its authorized agent, including address, telephone number, and (if available) an email address, (5) a statement by the copyright owner or its authorized agent that he/she has a good faith belief that the content is not authorized by the copyright owner, its authorized agent, or the law, and (6) a statement that the information contained in the notification is accurate and, under penalty of perjury, that the person submitting the notification is authorized to act by the owner of the exclusive right allegedly infringed. If we receive a proper notification, we will remove or disable access to the content (or allegedly infringing portion thereof) as required by the DMCA “safe harbor” provision, 17 U.S.C. § 512(c). If your submission or any portion of it is removed, or access to it is disabled, and you believe that you have authorization from the copyright owner or its designated agent to make a submission or believe that your submission is otherwise non-infringing, you may submit a DMCA counter-notice to Nature Cast. The counter-notice must contain the following: (1) your physical or electronic signature, (2) information sufficient to identify the content of the submission removed or to which access was disabled and the location where it was located, (3) a statement of your good faith belief that the content was removed, or access to it was disabled, in error, (4) your name, address, telephone number, and (if available) email address, (5) a statement that you consent to jurisdiction in the State of Montana, USA with respect to the dispute, and (6) a statement that you will accept service of process from the person who notified Nature Cast of the alleged infringement. If Nature Cast receives a proper counter-notice, Nature Cast will have the right to send a copy of it to the complaining party, and Nature Cast may restore or re-enable access to the submission if the complaining party does not file suit within fourteen (14) days. Nature Cast is not in a position, however, to adjudicate such disputes. Nature Cast may terminate any user’s access to our website(s) without notice if, under appropriate circumstances, Nature Cast determines that the user is a repeat infringer. DMCA notices and counter-notices should be submitted to Nature Cast’s designated agent for receiving such notices, which is Legal Department at: KMK Designs Inc, dba Nature Cast Metalworks, Attn: Legal, PO Box 1075, Great Falls, MT 59403. RISK OF LOSS, RETURNS, REFUNDS AND TITLE All items purchased from Nature Cast are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Nature Cast does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Nature Cast does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy. PRICING AND PRODUCT DESCRIPTIONS Nature Cast makes every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced. In the event of a pricing error, Nature Cast shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. Nature Cast does not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by Nature Cast is not as described, your sole remedy is to return it in unused condition. PRESS RELEASES All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of Nature Cast's knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NATURE CAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NATURE CAST DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM NATURE CAST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NATURE CAST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY NATURE CAST ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NATURE CAST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. CLAIMS AGAINST Nature Cast If you have a claim against Nature Cast, you agree that it will be resolved by binding arbitration. This means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the Montana Arbitration Act. You also agree not to bring a class action suit against Nature Cast, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances. APPLICABLE LAW The law of the State of Montana and federal law to the extent applicable governs the use of Nature Cast sites. Any claim which qualifies to be filed in a court of law will be heard exclusively in the Montana State Court, Cascade County, Montana. BACKCOUNTRY'S RIGHT TO AMEND AND REMOVE POLICIES Nature Cast has the right to modify, amend or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable. Nature Cast Metalworks ADDRESS: KMK Designs Inc. DBA Nature Cast Metalworks Attn: Legal Department PO Box 1075 Great Falls, MT 59403 Email: info@naturecast.com
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