Privacy Policy & Term of Use
PRIVACY POLICY
At LittleSwag® we value the trust you place in us as our customers. We treat our customers’ privacy with the same care as we would our own. In that spirit, it is our mission, to inform you of our policies for gathering, sharing, distributing and securing our customers’ private information on the web.
GATHERING YOUR INFORMATION
We collect our customers’ personal information, such as names, credit card information, billing and shipping addresses, email addresses and phone numbers, in order to conduct our business. For example, we use your information in order to process and ship orders, email order confirmations and order status, share updated information about our products and services, and ensure impeccable customer service. We may contact you by phone or email if we have a question regarding your order or if we need to verify your order for security purposes. We may also use your information to recommend products and services based on your past purchases, to personalize our newsletters if you elect to subscribe, to maintain your account, to check your satisfaction with our customer service, to improve your shopping experience and to notify you of any updates to our policies.
SHARING YOUR INFORMATION
We may share customer information with our partners, subsidiaries and related entities, as well as service providers, who may use the information as we do and as described under the “Gathering Your Information” section of this Privacy Policy. This includes, but is not limited to: credit/debit card authorization and processing companies, customer service providers, shipping companies, marketing companies, research and development companies and any other third party organization whose services we require and/or utilize. We may also share your information with other organizations whose products and/or services may interest you, who may contact you regarding products and/or services, as well as to monitor the quality of your customer service experience.
In the instances that you accept offers and establish relationships with any other organization that may have received your information or been marketed through our website, we will share your relevant personal information, including name and credit/debit card number, to that organization which may have its own privacy policy that describes how it uses your personal information once you subscribe to their service. We may also disclose aggregate, non-identifiable customer information, for instance, the number of visits to our website or average order amounts to other organizations. In the event of a bankruptcy, insolvency, merger and/or acquisition, customer information, including personal information, may be transferred.
LittleSwag® does not endorse any other organizations’ products or services. No other organization is permitted to act on behalf of LittleSwag® in order to update any of our customers’ personal information. Please notify us immediately if you are solicited to update your LittleSwag® account information from any other organization.
If you do not want, to share your information for the purposes of receiving marketing materials from other organizations, you may indicate your preferences on Your Privacy Rights page. If you do not wish to receive information and/or marketing materials from LittleSwag® or our partners, you may indicate your preferences on our Catalog Request page. Unless you indicate your refusal for such marketing materials and information from LittleSwag®, our partners, or other organizations that receive your information from LittleSwag®, you may automatically receive marketing materials. You may elect to discontinue to receive such information by indicating your preferences as described above. LittleSwag® may create marketing information and/or newsletters for our customers. We may contact you by phone, mail, and/or email to share such information that we estimate to be of interest to you if you did not specifically refuse to receive such materials. We will make efforts to ensure that any promotional material your receive will display a link or information that you can use to unsubscribe at any time.
On occasion you may decide to partake in sweepstakes or special promotions, which LittleSwag® may feature on our website or in email or other forms of communication with you. By participating in such sweepstakes or special promotion you will also be subject to and hereby agree to abide by the official rules of the sweepstakes or special promotion. Unless otherwise prohibited by law, we may use personal information submitted during a promotion or sweepstakes to contact you.
LittleSwag® may occasionally offer you the opportunity to earn rewards by referring friends to our website or one of our affiliate companies. Should you choose to participate in such programs we may require you to submit personal information about you and your friends, such as name and email address. By participating, you hereby agree to all the rules governing the program and to receive communications from us and/or from our partners that operate and maintain such programs, both during and after your participation in the program. Our customers will have the opportunity to review products on our website and/or those of our affiliate companies. When you offer feedback to us we may post it on the corresponding product page and/or share it with the corresponding affiliate companies. We may ask for your email address upon such communications and we may use your email address to contact you. However, offering us feedback will not automatically add your email address to our mailing list.
You may on occasion request the help of our customer service department. During such contacts we may use your name, email address, phone number and account history to address your needs as efficiently as possible. We also may contact you to verify information or to confirm that your needs have been met. We take great pride in our impeccable customer service and in that spirit we may contact you to obtain your feedback for quality control and/or training purposes.
LittleSwag® may release customer account or other information as is necessated to comply with the law, or to protect the rights, property and safety of our company, its affiliates, customers or others. We may also exchange information with companies and organizations or law enforcement for loss prevention and credit risk reduction.
We have designed our website and services for adults who make purchases for children. We will not knowingly solicit or collect information from children who are 12 or younger. In our Shopping Cart, we have included a warning that reminds children who are 12 or younger to obtain assistance from a parent or guardian before making a purchase. If your child subscribes to LittleSwag® without your knowledge, simply contact us, and we will help you unsubscribe immediately. Please consult the "Consumer Protection" page on the Federal Trade Commission site for further information regarding children’s privacy protection.
INFORMATION SECURITY
We use special security software that encrypts and scrambles your personal and credit card information as it travels over the Internet during the checkout process on this website. You will know you're in the "secure" area of our site when you click on the "Checkout" button. Notice that the "http" portion of the web site address in your browser changes to "https." The "s" stands for "secure." In addition, both Netscape and Internet Explorer use special symbols to indicate that you're in a website's secure area. Earlier versions of Netscape use a highlighted key. More recent versions of Netscape and all versions of Internet Explorer show a closed, highlighted lock. Some browsers let you know that you're moving in or out of a secure area by notifying you with a special pop-up window that requires you to click "ok" before continuing. In addition, we encrypt every credit card number we store in our databases. Please see our Credit Card Security for more information about credit card safety.
We also attempt to limit unauthorized access to your account. If you forget your password, you can create a new one. You can do your part to protect your personal information by keeping your password a secret and making sure you log off completely if you share a computer.
Creating an account makes it faster and easier to shop at LittleSwag®. With an account, you can take advantage of special features like Quick Checkout. You can also ship gifts to several addresses at the same time by creating an address book and using the "multiple ship-to" option. In order to create an account you will be required to assign a login and password. Although we make every effort on our side to ensure the security of your information we ask that you also take care to keep your secure information confidential.
If you want to keep your credit card information on file as part of Your Account you may do so with confidence. When you store your credit card information with us, you can take full advantage of our Quick Checkout feature. Your credit card number also helps us identify you if you forget your password and request a new one to access your account information. You may also elect no to keep your credit card information on file when you create an account. You do not need to store your credit card number with us to use Quick Checkout. You can re-enter your credit card number each time you checkout. In either instance, you may feel confident that the security of your information is an absolute priority of LittleSwag®.
Our customers can review, modify, or delete account information anytime. On our website we give you the option to look over your account information if you've created an account, modify and/or change your information, as well as delete your account.
If you create a Wish List on LittleSwag®, you must first create an account. Wish List works like a gift registry. As a registered customer, you can create as many Wish Lists as you need. When you create a Wish List, you provide us with basic information, including your name, email address, state and the names and birthdays associated with each Wish List you build.
If you choose to share your Wish List(s) with family members or friends, the "share" feature is designed only for shopping convenience and no other purpose. If you decide to use the "Share my Wish List" feature, we will email your Wish List to the email addresses you provide, along with your personal message. By using the "Share Your Wish List" feature, you authorize LittleSwag® to share your e-mail address with your family members and friends.
We give you the opportunity to include your Wish List in our directory. That way, your family members and friends or any LittleSwag® customer can search for your list using the name and state associated with your Wish List. When your family members and friends decide to make a purchase, we do not show your shipping address during the checkout process. If you do not want others to 1) find your Wish List using your name and state information, or 2) see your name, birthday (day and month only), event type, event date or gender, do not add your Wish List to our directory.
Children ages 12 and under may not create a Wish List or an Account, unless they have direct supervision by a parent or guardian. By using the Wish List feature, you agree to the terms outlined above.
As an optional service, LittleSwag® will send you reminders about important dates for people and events that you choose to buy gifts for. You may simply enter the first name, date you wish to be reminded of (e.g. birthday), relationship of the recipient to you and gender of your gift recipients at checkout if you choose to take advantage of this feature. You may elect to change or modify this information at any time.
We automatically recognize your Internet Service Provider (ISP) and your operating system. We sometimes use this information to solve problems with our server. We use URL encoding to monitor your shopping activity on our site. We may use this information to determine the most popular products and pages on our site and to enhance our marketing efforts and activities. This helps us make changes to improve your shopping experience.
If you enter this site from one of our affiliate sites, you may notice a special code at the end of our Web address as you move through our site. That tells us which affiliate site you entered through. We may give that affiliate credit for any purchase you make.
A "cookie" is a special identifier that LittleSwag® may use. Websites transfer cookies to your hard drive through your web browser. Cookies help us identify you when you visit one of our sites. If you have a discount coupon or certificate from us or an affiliate site, this information may be stored in your cookie. We do not store your password or any personal information in your cookie. If you want to prevent your browser from accepting cookies, set your browser options to let you know when you receive a new cookie, or turn off your cookies completely. You can find out how by reading the "help" portion of your toolbar on most browsers. Remember, however, that if you turn off the cookies feature, you will not be able to take advantage of all the special features we offer.
We may make modifications to this Privacy Policy from time to time. Please check this website for periodic updates. Please note that accessing this website or otherwise providing any information to us constitutes your acceptance of the terms set forth in our Privacy Policy and all other Terms of Use. Any disputes arising under this Agreement will be resolved in accordance with the Terms of Use,
TERMS OF USE
The following information are the terms and conditions (the “Terms”) that apply to the use of LittleSwag® (the “Website” and “We”) and you acknowledge your acceptance of these Terms by your use of the Website. Review these Terms carefully and frequently. LittleSwag® may update and modify these Terms whenever appropriate at its sole discretion. Your use of the Website, and any of its current and/or future services including but not limited to catalog services, confirms your unconditional agreement to these Terms. If you do not unconditionally agree with the Terms of this Website, or any modifications of the Terms hereforth, please discontinue using the Website.
These Terms represent the complete agreement and supersede all prior agreements and representations between you and LittleSwag®. Titles, headings and sub-headings used in these Terms in no way define or limit the scope of the section and are included solely for reference and reader convenience. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable while the other terms of this Agreement shall remain in full force and effect. The failure or discretion of LittleSwag® to act with respect to a breach of this Agreement by anyone does not constitute a waiver and shall not limit the rights of LittleSwag® with respect to such breach or any subsequent breaches.
You must be 18 years or older to use the Website’s services. If you are at least 13 years old but less than 18 years of age you must have the supervision of your parent or guardian who agrees to be bound by these Terms on your behalf to use the Website. A parent or guardian who represent a child on our Website takes full responsibility of the child’s use of the Website, including but not limited to all financial and legal liabilities that the child may incur. If you do not, or cannot, agree with these Terms, do not represent a child’s use. LittleSwag® does not knowingly establish accounts for, or collect information from and about children under the age of 13. You hereby unconditionally agree, as represented by your use of the Website, that you are giving LittleSwag® truthful and accurate information.
If you find any of the information on the Site, its products and/or services to be offensive, indecent, or objectionable please discontinue its use. By using the Site you agree to do so at your risk and discretion and acknowledge that LittleSwag® and its affiliates are not liable to you for any content that may be deemed offensive, indecent, or objectionable. LittleSwag® may post standard and commonly used ratings as recommended by the Entertainment Software Rating Board (ESRB) for video and computer games for the sole purpose of our clients’ convenience. Such ratings are to inform you of the nature of the content of such products as well as the age range appropriate for their use. LittleSwag® makes no endorsement as to the appropriateness of the ESRB ratings nor implies that such ratings are current. If such ratings are important to you please check with ESRB directly for the most updated ratings.
The use of the Site implies that you understand that you are solely responsible for paying all appropriate fees and taxes that relate to your purchase. LittleSwag® makes efforts to accurately represent the descriptions of the products, prices, contents and services. If an error is detected we reserve the right, at our sole discretion, to cancel or refuse any orders until corrections have been made. Although LittleSwag® makes efforts to contain error-free information such errors may occur and we do not warrant against them. Attempts to accurately display the color of products are made, however, the color representation of such products may be altered on your monitor, as your computer is not calibrated with the Site and as such we do not warrant the exact color of the products as they appear on your computer monitor.
LittleSwag® reserves the right, at its sole discretion, to refuse any order for any reason and at any time. The receipt of an offer to purchase, i.e. an order, does not automatically imply an offer by LittleSwag® to sell. We reserve the right to hold, restrict, or refuse sales as appropriate for security purposes, suspicious account activities, credit card processing problems, or billing and/or shipping address problems. LittleSwag® will attempt to provide notice of such limitations when necessary.
These Terms are applicable and enforceable under Arizona law without regard to conflict of law provisions. All related disputes shall be subject to confidential arbitration conducted under the current rules of the American Arbitration Association, in Scottsdale, Arizona, except where any violations of intellectual property rights of LittleSwag® have occurred, where we may pursue injuctive or other relief in any state or federal court in the state of Arizona, and you hereby consent to exclusive jurisdiction and venue in such courts. To the fullest permitted extent of the law, any arbitration that lead to awards shall be binding and entered as judgment in any court of appropriate jurisdiction, and no such arbitration shall be joined to an arbitration involving any other party or class arbitration proceedings.
All purchases from the Site are subject to a shipment contract such that the risk of loss and title for all items pass to you upon delivery from LittleSwag® to the shipping carrier.
SECURITY
LittleSwag® takes the security of your information very seriously. We have taken numerous security measures on the Website to ensure your confidentiality and security. By using the Website you agree to accept responsibility to protect the confidentiality of your account information and password as well as to accept full responsibility of any activities that occur under your account and password.
Intentional and/or unintentional attempts to compromise the security of our Website and our services are wholly prohibited and will be aggressively pursued and prosecuted. Such violations of security may result in your criminal and/or civil liability. You are prohibited from using any method, including but not limited to the use of softwares, tools, engines, agents, spiders, robots, mechanisms, intelligent agents and/or devices, to tamper with the proper and complete function and security of LittleSwag®. You also agree to only utilize the search tool offered by our Website or those of commonly available search engines, such as Google™, to search for the content of our Website.
You may not attempt or access data that is not intended for you. You may not attempt or challenge the vulnerability of our network and Website’s security. You may not access or attempt to access any part of our Website, which you are not authorized to use and that is not clearly intended for use of our customers. You are only permitted to search for, access, and make purchases of products and services offered by LittleSwag® for sale on its Website. You are wholly prohibited from attempting to and/or violating any portion of the security of this Website. You may not attempt to and/or interfere with any other users’ activities by using methods including but not limited to the use of viruses, flooding, overloading, spamming, or causing the crash of the Website by any other means. You may not send LittleSwag® any unsolicited emails including but not limited to advertisements and/or promotions. You may not utilize any part of LittleSwag® and/or its identity without expressed and written prior permission and consent obtained from LittleSwag®.
Through your use of the Website you agree that all information you provide to LittleSwag® is truthful and accurate. If you provide inaccurate information you accept that such actions may constitute a breach of these Terms. You will have an opportunity to “confirm your purchase” at the completion of the checkout process. By confirming your purchase you agree to be fully responsible to pay for and accept the products you purchased. We reserve the right to refuse service, cancel orders, and remove/edit accounts whenever appropriate at our sole discretion.
THIRD PARTY LINKS, INFORMATION, PRODUCTS AND SERVICES
The Site may on occasion refer to other hypertext links or third party products, companies, services, brands, names and marks at its sole discretion to provide convenience and improved service to our clients. Such references do not imply any endorsement or recommendation of such third party and as such LittleSwag® is not responsible for any content and/or service of any third parties in any way. Your decision to link to any third parties via our Site and/or use any such products/services are at your own risk and at no responsibility of LittleSwag®. Such third party links may contain offers and/or discounts that may not be in combination with offers presented on LittleSwag® and may contain errors in their presentation. Your decision to link to such third party sites is at your own risk and you understand that LittleSwag® bears no responsibility to any such information, offers, discounts and errors on any third party sites as they are not agents of LittleSwag® and have no authority to represent our Site in anyway even if you initiate the link to such third parties from our Site. COMMUNICATION
LittleSwag® is a web-based business, and as inherent in that model, we use electronic communication as our main method of reaching out to customers across the globe. By using the Website you agree to receive such electronic communication and agree that such communication satisfies any legal requirements as a replacement of documents in writing.
LittleSwag® does not accept any recommendations and suggestions regarding its products and/or practices or any other matter unless we request such information. Receipt of any such communication from any source by LittleSwag® and its subsidiaries is not acceptance and/or admission to any claims, and such receipt does not impair our right to contest any current or future intellectual property issues that may or may not relate to any communication that we have received. We therefore request that you do not send, by mail, fax, email, phone or any other means, any unsolicited communication, including but not limited to ideas, suggestions, inventions, models or any other similar materials to LittleSwag® and its subsidiaries. If you do submit any such information and/or materials to LittleSwag® all such information shall become the exclusive property of LittleSwag® without condition and shall constitute an assignment to LittleSwag® of all global rights in all copyrights and other intellectual properties. Upon submission of such materials including the name used to submit in connection with the information, LittleSwag® will be entitled and have the exclusive rights to use all such information and/or materials in any way, at any time, in any form, without any restrictions and without compensation and/or any obligation to you in any way. By using the Website you understand that no such submissions undermine any of the agreements contained within the Terms, which you wholly and unconditionally agree to.
You agree not to use any false information, including but not limited to the use of email address, impersonation of any person or entity, or otherwise misleading data regarding the origin of any such information, you make and you agree to indemnify LittleSwag® and its affiliates and subsidiaries for all claims arising out of or resulting from any such submissions. LittleSwag® and its affiliates take no responsibility and assume no liability for any such submissions by you or any third party.
Customers may post reviews, comments and communications on the Website, as well as submit questions or other information, provided the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." LittleSwag® reserves the right (but not the obligation) to remove or edit such content. LittleSwag® does not review the truth or accuracy of statements made by you or its customers.
INDEMNIFICATION, LIMITED LIABILITY AND WARRANTEES
LittleSwag® is a Limited Liability Corporation and all contents and services are provided on an “as is” basis when available. We disclaim any expressed or implied warrantees as to the operation of the Site. We do not warrantee that emails sent from LittleSwag® are free of harmful viruses. By using the Site you expressly agree that LittleSwag® is not liable in any way and for any damages that may arise from the use of the Site. The aforementioned disclaimers may be limited according to your state and may be altered where legally applicable and enforceable. Some states may apply limitations to the above information and you may have additional rights based on your state. This disclaimer may not be applicable to individual manufacturer warrantees whose products may be featured on the Site.
LittleSwag®, its directors, officers, employees, affiliates, agents, vendors, suppliers or manufacturers are not liable to you or any other person under any circumstances, legal or equitable theory, in tort, strict liability or contract, for any losses or damages of any type that may result in connection with the use or inability of use of the Site without limitation. You understand and expressly agree by using the Site that losses of income, data, computer equipment, profits, time, goodwill and such are not the responsibility of LittleSwag® even if you have informed a member of the LittleSwag® team or even if LittleSwag® should have known of the possibility of such loss or damage. LittleSwag® will in no event be liable to you for any damages that exceed the fees you paid for your purchase of products during the six month duration preceding the date of the alleged claim.
By using our Site, you agree to indemnify and defend LittleSwag® and any of its members, shareholders, officers, directors, employees, affiliates, agents, vendors or suppliers from and against any and all damages, claims, and expenses, including attorneys' fees and court costs, arising from or related to your use of the Site.
IDENTITY, INTELLECTUAL PROPERTY AND SITE CONTENT COPYRIGHTS
The information contained in our Website, including but not limited to text, images, logos, icons, audio/video clips and downloads are the intellectual property, trademarks, service marks, and registered marks of LittleSwag® and protected by international and United States’ copyright laws. You are prohibited from using or modifying any of the information contained in our Website without expressed and written prior permission and consent obtained from LittleSwag®. Your use of the Website’s services and products is not in any way permission or an agreement by LittleSwag® to have any other entity use any of the names, logos, marks, slogans, designs, trademarks, keywords or other such property of LittleSwag®. You may not purchase or use any names, logos, marks, slogans, designs, trademarks, keywords or other such means that may be perceived as similar to and/or confusing to others in any medium including but not limited to web-based search tools, print media, radio and television campaigns, when compared to the same and/or similar tools used by LittleSwag® and/or its sibling companies, affiliates, subsidiaries and partners.
You are strictly prohibited from utilizing any means, including but not limited to any extraction tools and data gathering methods, to obtain access to any proprietary information of LittleSwag® and/or its sibling companies, affiliates, subsidiaries and partners.
You are prohibited from using product information as listed, priced and described by our Website for any use other than to purchase such products for personal use or to give such products as gifts. You are wholly prohibited from sharing and/or using any LittleSwag® proprietary information and/or your account information for the benefit of another competing merchant.
LittleSwag® and its subsidiaries abide by the United States and international copyright laws. In case of any concern regarding potential violations of such laws on behalf of LittleSwag® please contact us at Adkins, PLLC, DBA LittleSwag® Attention: Copyright Agent – Legal 7400 E. Pinnacle Peak Road, Suite 200, Scottsdale, AZ 85255. Email: copyright@littleswag.com. Please note that any person or entity who makes misrepresentations regarding possible copyright violations may be liable for any resulting damages, including but not limited to costs, attorneys’ fees or compensation of the time of the officers, directors and employees of LittleSwag®.