PRIVACY POLICY

 

Agreement To Terms

This website is owned and operated by A Place Among The Undead, LLC (“APATU”). The following Privacy Policy (“Policy”) describes how APATU collects, uses, and shares personally identified information and non-personally identifiable information collected through this website (collectively “Data”) and the services, features, or content we offer (collectively “Services”). You should read the Policy before you use this website. We may change the Policy at any time by posting revisions to the Policy on the website. Your continued use of the Site constitutes your acceptance of the revised Policy.

All activities in which you may engage on this website are voluntary. You are not required to provide any personal information to us unless you choose to do so. If you do not agree with the terms of this policy or other terms of use on this website, then you should immediately exit this website and discontinue using it. If you do not agree with the terms of our privacy policy and our terms of use, please do not provide us with personal information and leave this website. The terms of use of this site are expressly incorporated herein by reference and made a part of this policy. By using this website, you signify that you agree to the terms of this privacy policy as well as to our terms of use.

Collection of Information from Children

The Site is not directed to, or intended for use by, children (defined as anyone under eighteen [18] years old). Children may not use or submit any information through the website or its Services. If you are under the age of 18, you must exit the website immediately.

APATU does not knowingly collect personally identifiable information from users under the age of 18. If a child under 18 submits information through any part of the Services, and we become aware that the person submitting the information is a child, we will delete this information as soon as possible.

Information Collected
APATU may collect two types of information when you use the Site:
Personally Identifiable Information (“PII”), which includes your first and last name, email address, and any other information you provide to us.

Non-personally identifiable information (“non-PII”) such as your IP address (a number used to identify your computer when you are on the Internet), the type of browser you are using, the type of operating system you are using, the web pages you have visited, sites visited before and after you visit the Site, the type of handheld or mobile device used to access the Site or other device-specific information.

Certain features available within the Site will require you to submit PII about yourself as a condition of participation. Some of the features may be offered by us, while others may be offered by third parties. (For example, you may be required to submit PII in order to enter a contest we conduct, to order certain products and services we offer, or to receive news updates by email from a third-party news source.) When you choose to submit PII to a third party in connection with your use of the Site, the third party’s privacy policy, rather than this Policy, will control the use of your PII. You can always refuse to provide pii to us, but this may result in decreased functionality of the site for you and limit your ability to receive information about products or services that may be of particular interest to you.

The information collected by the form on our website is:
First and last name
E-mail address
Any other information provided by you

We may use information we collect to do things including, but not limited to:
Provide the products and services you request;
Analyze the use of our website;
Enroll you in contests or programs that you request;
Tell you about other products and services that may be of interest to you;
Process payment for purchases you have made;
Protect against or identify possible fraudulent transactions;
Manage the website and Services; and
Enforce our Terms of Use and this Policy.

Use of Cookies and Tracking User Traffic

Some pages on this website may use “cookies”—small files that the website places on your hard drive for identification purposes. A cookie file can contain information such as a user ID to track the pages visited, but the only personal information a cookie can contain is information you supply yourself. These files are used for site registration and customization the next time you visit us.

Some parts of this website may also use cookies to track user traffic patterns. Please note that cookies cannot read data off of your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while browsing our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. However, by not accepting cookies, some pages may not function properly and you may not be able to access certain information on this site.

Third-Party Advertising and Third-Party Web Sites

This Site may allow advertising by third parties that provide links to third-party web sites. Internet advertising companies and the third-party websites on whose behalf they advertise (“Third Parties”) may send (or “serve”) directly to your browser the advertisements that appear on our Site. When this happens, Third Parties automatically receive non-PII, such as your IP address, and other information from your computer and browser, including your cookie information. They also may use cookies, Javascript, Pixel Tags and other technologies to deliver advertisements; collect information about the effectiveness of their advertisements; collect anonymous information about your visits to the Site, such as the number of times you have viewed an ad; or customize the advertising content you see. Third Parties will not collect your name, address, or other PII, unless you affirmatively provide it to them. We may let Third Parties set and access their cookies on your computer. Third Parties’ use of their own cookies is subject to their own privacy policies. For more information about these specialized cookies and other technologies, and to learn more about behavioral advertising or to opt out of this type of advertising for some companies, you can visit http://www.networkadvertising.org or http://networkadvertising.org/optout_nonppii.asp.

Please note that this website may contain links to other web sites that do not follow our Privacy Policy. For instance, clicking on an advertisement, links or other elements on the website may take you to an entirely different site. These sites may send their own cookies to you and may collect data and make use of that data in ways that this website would not. You should check the other website’s applicable privacy policy to determine how it will handle such data.

In the event that APATU is considering a sale of its business, in its entirety or a component thereof, or substantially all of its assets are acquired, or a portion thereof, Data, including PII, may be one of the transferred assets, and may therefore be used by a third party acquirer in accordance with this Privacy Policy. Such use by a third party may include review of PII, using such PII to contact you either before or after such a transfer or sale, use or transfer of non-PII before or after such a transfer or sale, or for other purposes.

APATU may choose to disclose nonpublic personal information about you, the consumer, to a third party for compensation.

We may also disclose PII when (1) required by law or to respond to legal process or lawful requests, including from law enforcement; (2) when we believe it is necessary to prevent, investigate, or address (a) possible illegal activities, including fraud, (b) violation of our Terms of Use, (c) violation of this Policy, or (d) threats to the physical safety of any person; or (4) to protect our rights or property.

Information Security

We take information security seriously, and we use reasonable administrative, technical and physical safeguards to protect the PII we collect from unauthorized access, use or disclosure. But we have no control over the security of other websites on the Internet that you might visit even when a link may appear to those websites on our Site or through our Services. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your PII.
Additionally, and as you are likely aware, no system can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your PII, searches or other communications always will remain secure. In the event of a breach of the confidentiality or security of your PII, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you. You should also take care with how you handle and disclose your PII. Please refer to the Federal Trade Commission’s Web site at http://www.consumer.ftc.gov/ for information about how to protect against identity theft.
California Privacy Rights

Under California law, California residents may request once a year, free of charge, certain information regarding our disclosure of personal information to third parties for direct marketing purposes. Specifically, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes, along with the names and addresses of these third parties. To make such a request, please email us at jointheundead@aplaceamongtheundead.com or write to us at: PO Box 2792, Hollywood, CA 90078-2792. We reserve our right not to respond to requests submitted other than to the email or postal address specified above. You should put “California Privacy Rights” in the subject line and in your request. You must provide us with the specific information regarding yourself so that we can accurately respond to your request.

California Do Not Track Disclosure

Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different than blocking cookies as browsers with the “do not track” option selected may still accept cookies. At this time, there is no industry standard for how companies should respond to “do not track” signals. APATU does not respond to “do not track” signals at this time. If we do so in the future, we will modify this Policy accordingly. More information about “do not track” is available at www.allaboutdnt.org.
We do not authorize the collection of your PII for third party use through advertising technologies without you providing consent directly to such third parties.

Users From Outside the United States

This Site is hosted in the United States and is governed by U.S. law. If you are using the Site from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where we locate and operate our servers and databases. By using this website, you consent to the transfer of your information to our facilities and to the facilities of those third parties with whom we share information as described in this policy.

Contact Information

Questions concerning the Policy or the website, including any request to review or change your PII, should be directed to jointheundead@aplaceamongtheundead.com.

 

Terms of Use

 

Acceptance Through Use

This website (the “Site”) is operated by A Place Among The Undead, LLC (“APATU”). By using the Site, you agree to be bound by all of the terms, conditions and notices contained or referenced herein (collectively, the “Terms of Use”). You should review the Terms of Use from time to time. APATU may change any of the Terms of Use at any time by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of any such revised Terms of Use. If you do not agree to all of the Terms of Use, you may not use the Site or access any services made available through the Site.

No Use by Children

The Site is not directed to or intended for use by children (defined as anyone age eighteen [18] or younger). Children may not use the Site or submit any information to APATU.

Links to Third Party Sites

The Site will contain links to web sites operated by third parties. Such links do not constitute or imply an endorsement of the linked site. The linked sites may appear to be integrated into the Site, but are not under APATU’s control. APATU is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to proceed to use that site.

Intellectual Property

You acknowledge that all content and materials available at the Site (collectively “Content”) are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, or other proprietary rights and laws and, as between APATU and you, are owned exclusively by APATU. Except where otherwise noted, you may print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including, but not limited to, any copyright or trademark notices.

You may only use the Site and the Content as expressly permitted herein and for no other purpose. Except as authorized by APATU in writing in advance, you may not, and agree not to, download, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of APATU is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without permission. APATU’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

Privacy

Please review our Privacy Policy, which is also located on this Site.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “SITE MATERIALS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APATU DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL APATU, OR ITS SUBSIDIARIES, AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF APATU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, APATU’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, reimburse and hold harmless the Released Parties from all liabilities, claims and expenses, including, but not limited to, costs and attorneys’ fees, that arise in any way from your use of the Site or the Site Materials. APATU 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 cooperate with APATU in asserting any available defenses.

International Use

If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. APATU makes no representation that the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site and/or using any of the Site Materials from any jurisdiction where such access and/or use is illegal is prohibited.

Dispute Resolution

Any and all controversies, claims or disputes arising out of or related to your use of this website (a “Dispute”), except as set forth below, shall be resolved according to the following procedures, which shall constitute the sole dispute resolution mechanism hereunder:

Any and all Disputes shall be submitted to final and binding arbitration. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. You waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County.

You agree that, in no event, shall any claim arising from your use of this Site entitle you to equitable relief, whether injunctive or otherwise, against APATU, it being agreed that your remedy of money damages at law is adequate. However, you agree that APATU may seek all available equitable and legal relief against you arising out of your use of this Site or violation of these Terms of Use.

Exception: Any Dispute or portion thereof that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County applying California law. The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the laws of any other jurisdiction that might be applied because of conflicts of laws principles.

Integration and Severability

This Terms of Use constitutes the entire agreement between APATU and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals with respect to the Site. If any provision hereof is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Unauthorized Use and Termination

You agree to use the Site only for authorized and legal activities. APATU reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.

Contact Information

Questions concerning the Terms of Use or the Site should be directed to: jointheundead@aplaceamongtheundead.com