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.
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.
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.
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.
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.
Integration and Severability
Copyright and Trademark Notices
“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 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
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.
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
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
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.
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 firstname.lastname@example.org. 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.