Thirty-One Gifts LLC - Privacy Policy

This Privacy Policy is intended to assist you in understanding what personal information we gather about you when you visit Thirty-One Gifts online, how we use and share that information, and the safeguards we have in place for the information. It also covers our use and sharing of personal information collected through our Canadian websites, through mobile applications downloaded in Canada or personal information otherwise collected in Canada.

The terms “Thirty-One Gifts,” “us,” “our” or “we” refer to Thirty-One Gifts LLC and, with respect to Canadian, these terms refer to Thirty-One Gifts Canada Inc.

Scope. This Privacy Policy covers all of our websites in the U.S. and Canada and any mobile versions of these websites (our "Websites") and applications created by Thirty-One Gifts that are available for U.S. and Canadian consumers through various mobile devices (our “Mobile Applications”) that expressly adopt, and display or link to, this Privacy Policy. The term "Marketing Channels" is used in this policy to refer to both our Websites and Mobile Applications and in Canada also includes your interactions with us at Thirty-One Gifts parties or events, and by telephone, mail and email. The terms “you” and “your” refer to a consumer user or viewer of our Marketing Channels. By using or accessing our Marketing Channels, you agree to this Privacy Policy.

What information do we collect online and how is it used?

Personal Information:

We may ask you to provide personal information through our Marketing Channels. For example, when you:

• subscribe to receive our email or other communications;
• complete a request to host a party event;
• participate in a survey;
• enter contests or sweepstakes;
• place an order with us online or through one of our independent Thirty-One Gifts Consultants;
• fill out an application to become an independent Thirty-One Gifts Consultant;
• fill out a request for support of a non-profit organization through Thirty-One Gives; or
• contact us for other information.

In addition, independent Thirty-One Gifts Consultants may provide us personal information about individuals who are invited to hosted Thirty-One Gifts parties.

Types of personal information collected or provided may include your name, address, email address, home, work and mobile telephone number, payment information, as well as other information you chose to provide which can identify you personally.

Once we receive personal information through our Marketing Channels, we use it for such things as:

• processing orders and requests;
• improving, developing, and marketing our products and services, Websites and Mobile Applications;
• communicating with you via email, telephone or postal mail regarding promotional offers, new products, and other information that we think may be interesting to you;
• internal business purposes, such as analyzing your activity with us, including your interaction with our Marketing Channels and your purchases;
• personalizing our communications to you and allow you to communicate and interact with others on our Websites and Mobile Applications;
• helping you find an independent Thirty-One Gifts Consultant including automatically assigning a new independent Thirty-One Gifts Consultant to you and sharing your personal information with that person if your current independent Thirty-One Gifts Consultant has discontinued selling Thirty-One Gifts and has become inactive in the business;
• facilitating the business activities of an independent Thirty-One Consultant.
• responding to your inquiries;
• conducting surveys, sweepstakes or contests (please note some of these activities have additional rules, which could contain additional information about how we use and disclose your personal information, we recommend you read those rules carefully);
• considering your application to become an independent Thirty-One Gifts Consultant.

Information Observed or Collected Through Technology.

What Type of Technologies Are Used?

We and our third party service providers use technology to automatically observe and collect information whenever you interact with our Websites or Mobile Applications and when you open our emails. The following describe some of the types of technology used:

• Navigational Information. We collect navigational information such as browser type and version; the service provider used to access our Websites or Mobile Applications; whether visitors arrived through a link for our Websites; and for visitors using a mobile version of our Websites or a Mobile Application, technical information about the device used, such as screen size, cookie support by the device and how images may appear.
• Cookies. Cookies assign a unique identification to your computer and are typically stored on your computer's hard drive by your web browser.
• Pixel Tag. A pixel tag (also known as Web beacons, Web bugs and clear GIFs) is a nearly invisible small graphic image on a webpage or in an email message.

How Do We Use Information Gathered Through Technology?

Information gathered through technology allows us to determine such things as which parts of our Websites are most visited or used, what products are browsed and/or purchased, the effectiveness of our Websites, possibly the city from which devices connect to our Websites, and difficulties visitors may experience in accessing our Websites. Cookies are also used to associate you with your independent Thirty-One Gifts Consultant, keep track of items you put into your shopping cart, and to tell us whether you have visited our Websites in the past. Pixel tags in emails help us confirm the receipt of, and response to, our emails.

What information do we share with third parties?

We will share your personal information with our affiliates. In addition, we will share your personal information with the independent Thirty-One Gifts Consultants(s) with whom you indicate you have a relationship, as well as with any other independent Thirty-One Gifts Consultant(s) we assign to you if your current independent Thirty-One Gifts consultant has discontinued selling Thirty-One Gifts and has become inactive in the business. If you have never had a relationship with one of our independent Thirty-One Gifts Consultants, we will select one who is located near you and provide your contact information to that independent Thirty-One Gifts Consultant so you may be contacted about your inquiry. We may share your personal information with third party service providers that assist us in such things as: developing and administering our Websites or Mobile Applications; data analysis; payment processing; order fulfillment; infrastructure provision; information technology services; customer service; auditing; training; allow us to pursue available remedies or limit the damages we may sustain; conducting surveys, sweepstakes or contests; sending and administering emails or text messages; performing marketing services; or other similar services. (These third party providers will be supplied with, or have access to, your personal information for the purpose of providing these services to us or on our behalf.)

If we were ever merged with or acquired by another company or sold substantially all of our assets, or if we acquire another business entity or substantially all of its assets or we are involved in a corporate reorganization or other change of control, some or all of the personal information collected about you could be shared with this entity, and it may also be retained by us.

We will not otherwise share, sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect our business, the users of our Marketing Channels, the Marketing Channels or the public.

Nothing in this policy restricts our ability to share aggregated or anonymized information that does not directly identify you.

What choices do you have over how your information is used?

Marketing Email: You may elect to no longer receive marketing emails from us or that we send on behalf of one of our independent Thirty-One Gifts Consultants. You may opt out of these marketing emails by following the unsubscribe instructions in any marketing email you receive. You may also adjust your preferences on our Email Subscription Center. Please be aware, however, even if you opt out of marketing emails, you may still receive emails related to your transactions, such as order confirmations and may still receive emails directly from your independent Thirty-One Gifts Consultants that we do not send on behalf of the Consultant.

Text Message Marketing: If you no longer want to receive text messages from us, you can follow the opt-out instructions provided at the time you sign up for text messages or the instructions that may be included in the text messages you receive.

What is our policy regarding children?

We do not sell products for purchase by children. Our Marketing Channels are directed to adults and are not directed to children under the age of 13. The Company does not knowingly collect personally identifiable information from anyone under the age of 13.

How can you update your personal information?

If you believe that any information we have collected about you is incorrect or incomplete, then please email or write to our Privacy Manager at the contact information below, letting us know the correct information.

How will we update our Privacy Policy?

We reserve the right to modify or amend this Privacy Policy at any time and for any reason. If we ever change our Privacy Policy, then we will post the new policy on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it. Should there be a material change to our Privacy Policy, it will be applied only to the information we collect after the effective date of the change.

How do we protect your information?

Our Online Channels use the following types of security measures: firewall technology, limited access servers, and when you place an order online, we require use of Web browsers that permit communication through Transport Layer Security (TLS) technology. TLS is encryption technology that provides security for information as it is being sent over the Internet. Browsers and devices must support TLS 1.0 or newer to access secure areas of our website.

Where should you direct your questions or concerns?

If you have questions or concerns with respect to our Privacy Policy, please feel free to contact our Privacy Manager at privacy@thirtyonegifts.com or via regular mail at:

Privacy Manager
Thirty-One Gifts, LLC
3425 Morse Crossing
Columbus, OH 43219
US

What additional provisions apply to personal information collected in Canada?

Consent

By providing us personal information and using our Marketing Channels, you consent to the collection, use, and disclosure of information in accordance with the terms of this Privacy Policy.

How can you access your personal information?

We will make reasonable efforts to ensure that the personal information we collect, use and share is accurate and complete. If you would like to review your personal information, or you believe that any information we are holding on you is incorrect or incomplete, then please contact our Privacy Manager using the contact information above.

Where is personal information stored and processed?

We store and process personal information in the United States. Our third party service providers may also store and process your personal information in the United States and other countries. Such personal information may be subject to disclosure under the laws of these countries. If you have questions about this processing or storage outside of Canada, please contact our Privacy Manager at the address above.

Additional choices of how your information is used.

Postal or Telephone Marketing: If you do not wish to receive marketing materials directly from Thirty-One Gifts via regular postal mail or through telephone calls/messages directly from Thirty-One Gifts, please email us at privacy@thirtyonegifts.com or mail the Privacy Manager at the address listed above and tell us to remove you from our postal mailing and/or the phone marketing list. Even if you opt out of these postal mailings or phone marketing made directly by Thirty-One Gifts, you may still receive postal mailings and phone calls from your independent Thirty-One Gifts Consultants.

Disclosure to Affiliates: If you would like to make sure that we do not disclose your personal information to our affiliates, please email us at privacy@thirtyonegifts.com or mail the Privacy Manager at the address listed above and tell us that you do not want us to disclose your personal information to our affiliates.

What additional provisions apply only to independent Thirty-One Gifts Consultants?

In addition to the foregoing provisions of this Privacy Policy, the following provisions are applicable only to independent Thirty-One Gifts Consultants:

This Privacy Statement applies to the Personal Information of independent Consultants collected by Thirty-One Gifts, whether collected online or offline. This information would be collected in addition to any Personal Information we may collect from you as a Thirty-One Gifts customer, as described above.

If you seek to become a Thirty-One Gifts Consultant, we may collect and use your personal information including credit-related information, your social security number, and your birthdate to determine your eligibility and to conduct business once you have become a Thirty-One Gifts Consultant.

In order to become a Thirty-One Gifts Consultant, you will be required to enter into a separate agreement with Thirty-One Gifts ("Independent Sales Consultant Application and Agreement"). If you have entered into the Independent Sales Consultant Application and Agreement, we may collect, use and disclose your personal information in accordance with this Privacy Statement and the terms of your Independent Sales Consultant Application and Agreement. We also may collect, use and disclose your personal information as necessary to fulfill our obligations under the Independent Sales Consultant Application and Agreement. In the event of a conflict between this Privacy Policy and the Independent Sales Consultant Application and Agreement, the terms of the Independent Sales Consultant Application and Agreement shall apply.

Once you are a Thirty-One Gifts Consultant, we may disclose your personal information:

• to other Consultants or leaders, who may be independent contractors to Thirty-One Gifts;
• as part of our sales leadership program, to Thirty-One Gifts Consultants who are sales leaders;
• to current and potential customers who are seeking the assistance of a Thirty-One Gifts Consultant; and
• as necessary to comply with legal requirements such as tax and record keeping obligations.

We may also combine the non-personal information that we and our third-party service providers collect about your use of our Website (as described above) with your unique Consultant number or personal information. We may use the combined information for purposes such as to analyze Thirty-One Gifts Consultant use of our Websites, in order to evaluate and make improvements to our business model, and for other internal analytics purposes.

This Privacy Policy is effective July 18, 2016.

Thirty-One Gifts LLC - Terms of Use and Notifications

Please read these Terms of Use (the “Terms”) carefully before using this website. These Terms apply to all visitors to or users of the Thirty-One Gifts LLC websites located at thirtyonegifts.com, mythirtyone.com, thirtyonegives.org and any mobile versions of these websites or any other websites operated by Thirty-One Gifts LLC or any of its affiliates that link to or adopt these Terms (collectively, the “Websites”). These Terms also apply to applications created by Thirty-One Gifts LLC that are available for various mobile devices that link to or adopt these Terms (our “Mobile Applications”). The term "Online Channels" is used in these Terms to refer to both our Websites and Mobile Applications. By using any of these Online Channels or downloading a Mobile Application, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Online Channels or download a Mobile Application. Thirty-One Gifts LLC (referred to as "Thirty-One," "we," "us" and "our") reserves the right to change these Terms, in whole or in part, at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting revised Terms on the Online Channels. You should always check these Terms prior to using our Online Channels. Your continued use of an Online Channel following the posting of changes to these Terms will mean that you accept those changes. If you are a Thirty-One Consultant, you agree that your use of the Online Channels is subject not only to these Terms, but also to the terms and conditions contained in your Consultant Agreement with us. A "Thirty-One Consultant" is an individual: who has agreed, pursuant to the terms of a Consultant Agreement, to be a Thirty-One independent consultant; who remains an active Thirty-One Consultant in good standing; and whose Consultant Agreement or status as a Thirty-One Consultant has not been terminated. The " Consultant Agreement" means the Thirty-One Independent Sales Consultant Application and Agreement, collectively with the Terms and Conditions of the Consultant Agreement, the Consultant Guidebook, and the Career Path.
1. Terms Specific to Users of Mobile Applications In addition to all the remaining Terms herein, if you are downloading a Mobile Application, you understand and agree that we have no obligation to maintain, support, upgrade or update any Mobile Applications that we provide. It is also possible that, as you download a Mobile Application, you may be asked to agree to terms in addition to these Terms regarding collection of information, including location information or warranties. If there is a conflict between these Terms and the terms you agree to at the time of downloading, the agreed to downloading terms will control. You understand and acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the downloaded Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application and you accept responsibility for any such charges. You acknowledge that if you are downloading a mobile application through Apple iTunes or Google Play, neither Apple nor Google have an obligation to provide any support or maintenance services in relation to our Mobile Applications. If you have maintenance or support questions in relation to one of our Mobile Applications, contact us at 1-866-GIFTS31 or cags@thirtyonegifts.com.

2. Using the Online Channels We own and operate the Online Channels. The contents of the Online Channels are copyrighted under United States copyright laws. We grant you a limited license to access and make personal use of the Online Channels. No right, title or interest in our Information (defined below) is conveyed to you. Except as stated in these Terms, none of the material on the Online Channels, including each and every web page and related images, videos, HTML code, scripts, software to provide Mobile Applications or other digital assets (collectively, the “Information”) may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way. You may not: decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from the Online Channels or the Information; use any network monitoring or discovery software to determine any of the Online Channels’ architecture, or extract information about its usage or users; use any robot, spider, other automatic device, search engine or manual process to monitor or copy the Online Channels or the Information without our prior written consent; copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of the Online Channels, except to the extent authorized by us; use or otherwise export or re-export the Online Channels or any portion of the Online Channels, the Information or any software available on or through the Online Channels in violation of the export control laws and regulations of the United States of America. Any unauthorized use of any of the Online Channels or the Information is prohibited. "Thirty-One" and our other trademarks, trade names, brand names, service marks, logos and trade dress appearing on the Online Channels are our proprietary trademarks, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. The use of any of our trademarks, trade names, brand names, service marks, logos or trade dress is strictly prohibited, except as expressly provided by these Terms. Special Notice: We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our express written consent, do any of the following: link to any web page on any of our Online Channels for the purpose of appearing to be affiliated with or endorsed by us or to gain higher rankings in search engines; use any metatags or any other "hidden text" utilizing our name or trademarks; or frame, inline link or utilize other techniques to associate or juxtapose any of our trademarks, logos, or other Information with advertisements and/or other information not originating from our Online Channels. Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity. We retain the right at our sole discretion to deny access to any one to our Online Channels at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

3. Your Personal Information Your submission of personal information through the Online Channels is governed by our Privacy Policy, located at http://www.thirtyonegifts.com/privacy and these Terms incorporated by reference. You represent and warrant that any information you provide in connection with your use of the Online Channels is true, accurate and complete, and that you will maintain and update the information as needed, so that the information remains true, accurate and complete.

4. Registration You may be required to register with us in order to access certain areas of the Online Channels (referred to as “Accounts”), for example, if you are a Thirty-One Consultant or purchase our products or otherwise initiate Transactions (as defined below in Section 7, “Buying from Our Online Channels”). With respect to any registration, we may refuse to grant you, and you may not use, a user name or email address that: belongs to or is already being used by another person; may be construed as impersonating another person; violates the intellectual property or other rights of any person; is offensive; or we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you use to access the Online Channels. You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Online Channels to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the Online Channels that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your Account, your user name or the Online Channels. You also agree that you will “log off” and exit from your Account with the Online Channel (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of these obligations.

5. Your Behavior We expect users of the Online Channels to respect the law as well as the rights and dignity of others. While using the Online Channels, you agree to comply with all applicable laws, rules and regulations. Your use of the Online Channels is conditioned on your compliance with the rules of conduct below. Your failure to comply with these rules of conduct may result in termination of your access to the Online Channels. You agree that you will not post, transmit, redistribute, upload, or promote any communications, content or materials that: contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including our company and our employees, consultants and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; otherwise violate any law; or in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Online Channels or our related services and products. Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use our Online Channels, and for paying all charges related to using our Online Channels.

6. Chances to Win and Similar Promotions Any sweepstakes, contest, or similar promotion made available through our Online Channels may be governed by specific rules that are separate from these Terms. By participating in any sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from these Terms. We urge you to read the applicable rules, if any, which will be linked from the sweepstakes, contest, or promotion.

7. Buying from Our Online Channels If you wish to purchase any product or service or to make a payment to your Account through our Online Channels (each purchase or other exchange is a “Transaction”), you may be asked to supply certain information about your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. We will treat any information you provide through our Online Channels in accordance with these Terms and the Privacy Policy. We may need to verify the information you provide before your Transaction can be acknowledged or completed. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any Transaction. We reserve the right, with or without prior notice, to: change product or service descriptions, images and references; limit the available quantity of any product or service; honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; prevent or prohibit any user or customer from making any or all Transaction(s); and/or refuse to provide any user or customer with any product or service. The price and availability of any product or service offered through our Online Channels are subject to change without notice, and we will not be responsible for errors, inaccuracies or omissions in the prices or descriptions of any products or services. We have made every effort to display as accurately as possible the colors, styles and features of our products that appear on our Online Channels; however, the actual color, styles and features you will see will depend on many factors, including your device, and we cannot guarantee that your device will accurately display our colors, styles and features. The inclusion of any products on our Online Channels does not imply or warrant that these products will be available over the internet at any particular time. Refunds and exchanges will be subject to our refund and exchange policies in effect at the time the Transaction is made. You agree to pay all charges that may be incurred by you or on your behalf through our Online Channels, at the price(s) in effect when the charges are incurred, including without limitation all shipping and handling charges. You are also responsible for any taxes that may be applicable to your Transactions.

8. We Serve U.S. Customers Only We control and operate the Online Channels from our offices located in the State of Ohio, United States of America. The Online Channels are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, the materials made available through the Online Channels are presented solely for the purpose of providing services and promoting products available in the United States. We make no representation or warranty that the Online Channels, or any products, services, or materials made available through the Online Channels, are appropriate or available for use in other locations. Those who choose to access the Online Channels from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.

9. Our Consultants and Their Personalized Sites Thirty-One Consultants are our independent third party contractors and are not otherwise affiliated with us. We are not responsible or liable for the statements, acts or omissions of Thirty-One Consultants, whether through or in connection with the Online Channels, “offline,” or otherwise. Without limiting the foregoing, we enable Thirty-One Consultants to create personalized online sites that contain Thirty-One branding and content and that may share URLs with our Online Channels. You acknowledge and agree that we have no control over, and are not responsible or liable for, any text, images, or other information or materials posted by Thirty-One Consultants to such personalized online sites or any customizations made by Thirty-One Consultants to such personalized online sites (such information, materials, and customizations) or any materials communicated by a Thirty-One Consultant to you. We have not taken any steps to confirm the accuracy or reliability of any such information or other materials communicated by a Thirty-One Consultant to you, and we make no representations or warranties as to the security of any communications between you and any Thirty-One Consultant.

10. User Submissions The Online Channels may from time to time permit the submission of user-submitted text, comments, suggestions, artwork, photographs, product ideas, music, video, audio, images and other communications and materials ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Thirty-One does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Online Channels. By submitting User Submissions, you hereby grant to Thirty-One an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Thirty-One shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Thirty-One does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. In connection with User Submissions, you affirm, represent, and warrant to Thirty-One that:
     (i) the content of your User Submission(s) is original (no lifts from previously published material, including music);
     (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Thirty-One as set forth above;        
     (iii) use of your User Submission(s) on the Online Channels or otherwise by Thirty-One, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and
     (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Thirty-One to utilize the User Submission(s) without compensation or objection. For clarity, Thirty-One does not claim ownership of your User Submissions. You further agree that you will not submit any material, communications or content that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to do the same and to grant Thirty-One all of the license rights granted herein. Thirty-One does not permit copyright infringing activities on the Online Channels, and Thirty-One may remove any materials if properly informed that any such materials infringe on another's copyright rights. Thirty-One will terminate a user's ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer. Thirty-One also reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions. Thirty-One reserves the right to terminate your access to the Online Channels for uploading or attempting to upload such material in violation of the foregoing. It is our general policy not to accept any unsolicited suggestions for product improvements, new product ideas, or marketing ideas from outside the company. Any unsolicited suggestions or information you send us will be treated as non-proprietary and non-confidential and will become the property of Thirty-One for use without compensation in our sole and unlimited discretion. By submitting product ideas to us, you are irrevocably licensing to us the unrestricted right to copy, modify, publish and publicly distribute that product idea, with or without naming you as the author or contributor, in our discretion. If you do not agree with the foregoing, please do not submit, forward or send us any product ideas.

11. Notice of Copyright Infringement We do not permit copyright infringing activities on our Online Channels and may remove any content of any kind, for example, if properly informed that the content infringes upon another's copyright rights. We may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to the Online Channels is determined to be a repeat infringer. If you are a copyright owner or an agent thereof and believe that any content on our Online Channels infringes upon your copyrights, you may notify our Designated Agent, in writing using the following contact information: Name of Designated Agent to Receive Notification of Claimed Infringement: Bree McBrayer Full Address of Designated Agent to Which Notification should be Sent: 3425 Morse Crossing, Columbus, Ohio 43219 Telephone Number of Designated Agent: 614-414-4300 Email of Designated Agent: legal@thirtyonegifts.com Under Title 17, United States Code, Section 512(c)(3)(A), your notice of claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; Identification of the location where the original or an authorized copy of the copyrighted work exists; Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Us to locate the same; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

12. Linking Links may be established from our Online Channels to one or more external websites or resources operated by third parties (the “Third Party Sites”). None of these links should be deemed to imply that we endorse the Third Party Sites or their content. Unless the link is to another Thirty-One Website, we do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to Third Party Sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

13. Disclaimer ONLINE CHANNELS: THE ONLINE CHANNELS, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ONLINE CHANNELS, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE ONLINE CHANNELS. ANY RELIANCE ON OR USE OF THESE MATERIALS IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY: REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRTY-ONE CONSULTANTS; THAT THE ONLINE CHANNELS WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE ONLINE CHANNELS WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; THAT USE OF THE ONLINE CHANNELS WILL PROVIDE SPECIFIC RESULTS; OR THAT THE ONLINE CHANNELS OR THE SERVERS OR NETWORKS THROUGH WHICH THE ONLINE CHANNELS ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. While we try to maintain the integrity and security of the Online Channels and the servers from which the Online Channels are operated, the Online Channels may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Online Channels. If you become aware of any unauthorized third party alteration to the Online Channels, contact us at cags@thirtyonegifts.com with a description of the materials at issue and the URL or location on the applicable Online Channels where these materials appear.

14. Limitation of Liability IN NO EVENT SHALL THIRTY-ONE, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "THIRTY-ONE ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF: THESE TERMS; THE ONLINE CHANNELS; YOUR USE OF OR INABILITY TO USE THE ONLINE CHANNELS; OR THE ACTS OR OMISSIONS OF THIRTY-ONE CONSULTANTS, IN EACH EVENT, EVEN IF THIRTY-ONE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY THIRTY-ONE CONSULTANT), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN AGREEMENT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS, THE ONLINE CHANNELS, OR YOUR USE OF OR INABILITY TO USE THE ONLINE CHANNELS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE ONLINE CHANNELS.

15. Indemnification You will indemnify and hold the Thirty-One Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”): your use of, inability to use, or activities in connection with the Online Channels; any violation of these Terms or any other Thirty-One terms, conditions or policies by you or through any Account you may have with the Online Channels; any Transaction; any allegation that any submission or other materials that you make available through the Online Channels infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or your violation of any rights of any Online Channel visitor, user, or customer, or any other third party. You agree to reimburse the Thirty-One Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.

16. Termination and Enforcement These Terms are effective until we terminate them. You agree that we, at our sole discretion, may terminate your access to Accounts and use of the Online Channels that are accessed through your Account (“Account Channels”), at any time and for any reason. Upon any such termination, your right to use the Accounts and Account Channels will immediately cease. You agree that any termination of your access to or use of the Accounts and Account Channels may be effected without prior notice, and that we may immediately deactivate or delete any user name and/or password you used or provided, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Accounts and Account Channels or to any such information or files, and will not be required to make such information or files available to you after any such termination. We reserve the right to take steps that we believe are necessary or appropriate to enforce and/or verify compliance with these Terms (including without limitation in connection with any legal process relating to your use of the Online Channels and/or a third party claim that your use of the Online Channels is unlawful or violates such third party's rights).

17. Information or Complaints We are located at 3425 Morse Crossing Columbus, OH 43219. Please feel free to contact us to resolve a complaint regarding any aspect of our service by writing to this address or sending an email to cags@thirtyonegifts.com.

18. Governing Law These Terms are governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to these Terms or your use of Online Channel, including related services or products.

19. General Information These Terms constitute the entire agreement between you and us and govern your use of the Online Channels. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Channels or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. Miscellaneous No agency, partnership, joint venture, or employment is created as a result of these Terms. You do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for in these Terms will not be deemed a waiver of any other rights under these Terms. We will not be liable for any failure to perform our obligations under these Terms if the failure results from any cause beyond our reasonable control, including without limitation, mechanical, electronic, or communications failure or degradation. You may not assign, transfer, or sub-license these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. This document was last revised on September 1, 2014.

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