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    Terms of Use

    Welcome to the Emerald Sundae Web Site "Site". Please review the following basic rules that govern your use of our Site the "Agreement". Please note that your use of our Site means that you agree to these rules. Emerald Sundae is a trademarked brand owned by Wild Horses Apparel, LLC, hereafter referred to As “Emerald Sundae.”

     

    Changes to Privacy Policy

    We may from time to time change these rules. We will notify users of the Site of any changes by posting the revised policy reflecting them with a new effective date on this page. Your use of our Site following any such change means that you agree to the rules as changed. These rules--specifically including the "Customer Information Policy", "Use of Cookies", "Use of IP Addresses", and "Security" paragraphs below--apply to this website only and not to any other website or business activity of Emerald Sundae or any of its divisions. 

    Customer Information Policy

    Emerald Sundae does not intend, and the site is not designed to collect personal information from those users under the age of 13. If you are under 13 years old, you should not provide personal information to our site or in connection with the services. Emerald Sundae recognizes that it must maintain and use customer information responsibly. The information collected is used to help us respond to customer inquiries, send emails about sales and events, and other marketing and promotional materials through the mail, contact contest winners and/or ship and bill orders. The information also helps us in determining what products appeal to our customers so we can better merchandise our site.

    Emerald Sundae collects personal information necessary to process an order, a contest entry or a request to receive promotional emails from the consumer. This information includes name, address, city, state, zip code, phone number, email address, gender optional and date of birth optional. For those users who have opted to register their personal profile with the Site by setting up an account, the above information, including additional Ship To addresses, can be reviewed and maintained by the customer by accessing it through the My Account link in the top navigation bar of the Sites pages. For those customers who have not registered a maintainable account on the site, they may contact Emerald Sundae customer service at info@emeraldsundae.com to have their information updated as needed.

    When we offer contests or promotions, or join with other companies to do so, visitors who choose to participate in these contests and promotions may be asked to provide personal information to participate. That information may then be used by us and any company offering the contest or promotions to notify winners or to fulfill promotional obligations. We may use third parties to perform services such as mailing marketing and promotional materials on our behalf. We will supply customer information to those third parties to the extent necessary to enable them to perform the services we have engaged them to provide, collect personal information necessary to process an order, a contest entry or a request to receive promotional emails from the consumer. This information includes name, address, city, state, zip code, phone number, email address, gender optional and date of birth optional. For those users who have opted to register their personal profile with the Site by setting up an account, the above information, including additional Ship To addresses, can be reviewed and maintained by the customer by accessing it through the My Account link in the top navigation bar of the Sites pages. For those customers who have not registered a maintainable account on the site, they may contact Emerald Sundae customer service at info@emeraldsundae.com to have their information updated as needed.

    We may use customer information for marketing and promotional purposes. Each promotional email we send comes with a link that enables our customers to unsubscribe or remove themselves from our mailing list. In addition, we may from time to time make customer information available to other carefully screened companies. Categories of companies with which we may share information include other companies that we believe offer products and services that our customers may be interested in, either directly or through companies that market information about potential customers to other suppliers of products or services. If you would like to make sure that we make every effort not to share your email address or other information with third parties, just send an email message to info@emeraldsundae.com.


    Third Party Integrated Solutions

    In addition to the third-party service providers discussed elsewhere in this policy, Emerald Sundae uses, or may elect to use in the future, carefully selected third-party solution providers on its website to offer specific functionality that help improve the shopping experience for its customers. As a result, there are occasions where the Emerald Sundae must share customer information with one or more of those providers in order for their software to function as expected and provide our customers with the expected benefit. In addition to the third-party payment and email opt-in services which are made available through the site, Emerald Sundae may elect to implement the services of an additional third-party service provider or providers, each of which may have access to some customer information as described. The companies Emerald Sundae may elect will have committed to Emerald Sundae to adhere to our Customer Information Policy and, in some cases, Emerald Sundae will list a link to the third-party service provider’s own company policy.

    Your California Privacy Rights

    California Civil Code Section 1798.83, also known as S.B. 27, allows our California customers to request certain information regarding our disclosures, if any, of personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at either info@emeraldsundae.com or Emerald Sundae: Attn Internet Dept., 4433 Pacific Blvd., Vernon, CA 90058 and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within thirty days of receipt.

    Use Of Cookies

    What is a cookie? A cookie is a piece of information that is sent to your computer's hard drive to help our site recognize you when you return to our Site. Cookies are used as a standard practice by many sites. An example of how we use this function could be if you started to place items in your shopping cart, but then for some reason had to leave our Site or shut off your computer. When you return to our Site, the cookie would enable our Site to recognize that you have returned and all the items you placed in your cart during an earlier session would still be in your shopping cart.

    Emerald Sundae use cookies to determine the number of people that come to our site. Emerald Sundae also uses Google Analytics Demographics and Interest Reporting in conjunction with cookies. It is important for us to understand who our customer is and the number of new customers using our site. This helps us better serve you, the customer. When your computer accepts the cookie, we are able to record that session as a new visitor to our Site.

    As important as cookies are to our Site, we understand that this might make you uncomfortable. If you would prefer to not accept cookies from ours or any other Site, you can modify the setting on your specific web browser to not accept them. Please refer to your browser's online help feature or the user's manual for instructions on how to do this.

    Use Of IP Addresses

    An IP address is a number automatically assigned to your computer whenever you get on to the internet. Your computer's IP address is used by our Site for administration purposes and to report aggregate traffic information to our affiliates and advertisers. Our Site does not tie personal information to an IP address.

    Security

    While no online transaction is 100% secure, Emerald Sundae strives to protect your personal information to the best of our ability. All orders submitted use the Secure Checkout feature on our Site. This feature uses the industry standard, SSL secure socket layer encryption to protect any personal information including your credit card number.

    Site Contents

    Except for brand names and trademarks of third-party vendors of merchandise featured on the Site, or unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site collectively, the "Contents" are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Emerald Sundae the "Company". The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by the Company. Emerald Sundae and all related trademarks appearing at this Site are trademarks of the Company.

    The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce except as noted above, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. 

    User Comments, Feedback, Postcards And Other Submissions

    All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site collectively, "Comments" shall be and remain the Company's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company is and shall be under no obligation 1 to maintain any Comments in confidence; 2 to pay to user any compensation for any Comments; or 3 to respond to any user Comments.

    You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are solely responsible for the content of any Comments you make.

    Certain features of this website, including but not limited to the product reviews feature, are provided by third parties and may involve the access and use of third party websites, which are governed by their own terms and conditions and their own privacy policies. In such cases, the terms and conditions and privacy policies applicable to those sites, rather than the terms and conditions and privacy policies applicable to this Site, will control.

    You agree that the Company may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

    Product Information

    The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

    Colors

    We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

    Links To Other Web Sites And Services

    This Site may contain links to outside services and resources, the availability and content of which the Company does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The privacy policy, terms of use and other conditions of access specified on or applicable to any third party site will govern access and use of such site, the site owner's use of information obtained from use

    Disclaimer

    THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

    Indemnification

    You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

    Miscellaneous

    This Site is controlled and operated by the Company from its offices in Vernon, California.

    This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles.

    Termination

    This Agreement is effective unless and until terminated by either you or the Company. Either of us may terminate this Agreement at any time without notice.

    REMEMBER -- IF YOU REGISTER WITH THE SITE, SIGN UP FOR FREE E-MAIL, PURCHASE SOMETHING FROM EMERALD SUNDAE, OR ENTER ANY OF OUR CONTESTS, YOU AGREE TO THESE TERMS. AS WE UPDATE AND EXPAND OUR SERVICES, THIS POLICY MIGHT CHANGE, SO CHECK IT OUT FROM TIME TO TIME.

    Privacy Policy

    Emerald Sundae is committed to respecting the privacy rights of online visitors to our Site. Emerald Sundae also recognizes the importance of protecting information collected about you. While visiting the Emerald Sundae site, we may ask you to register and/or provide information that personally identifies you, including but not limited to any name, address, telephone number, email address, birth date, credit card or payment information, or other information that could be used to contact you or any other identifying information that you may disclose to Emerald Sundae for purposes of interacting with our site, including, for example, when you ask for information, enter a contest, order our products, or download material "Personal Information". If you choose to provide Emerald Sundae with your Personal Information, it will permit us to make your use of our site and services more enjoyable. Emerald Sundae uses your Personal Information to help you quickly find goods, services, or information on the site.

    In order to comply with anti-spam standards, we collect IP addresses for all contact from submittals. Emerald Sundae may also track the domains from which this site is visited and use that data to analyze for trends and statistics for our own internal business purposes.

    There is a technology called "cookies" which can be used to provide you with tailored information from a web site. A cookie is an element of data that a web site can send to your browser which may then store it on your system. Some Emerald Sundae pages may use cookies so that we may better serve you when you return to our site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Emerald Sundae may also track the domains from which this site is visited and use that data to analyze for trends and statistics for our own internal business purposes. 

    Emerald Sundae may also aggregate such information and make it available to others as part of its business; however, Emerald Sundae will not identify you when providing such information. If you choose not to have your Personal information used as a basis for further contact with Emerald Sundae or one of its business partners, you may "opt out." If you choose not to give us your Personal information, you can still use most of this site. You merely will not be able to access areas that require registration. We occasionally provide your name and postal address but not your email address to a select group of companies whose products you may find of interest. If you do not want us to share this information with these companies, we can add your name to our "do-not-share" list. Please contact usfor more information. Emerald Sundae reserves the right to make exceptions, such as when we believe that an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.

    Security Policy

    Shopping on emeraldsundae.com is safe because we use highly advanced technology to make sure your information remains secure. We protect your online order and personal information by using Secure Sockets Layer SSL technology. To make sure you are accessing a secure server, look at the lower left or right hand corner of your browser window after accessing the server. If you see an unbroken key or closed lock depending on your browser, then SSL is active. Some versions of browsers and firewalls don't permit communication through secure servers. In that case, you'll be unable to connect to the server so you won't have to worry about mistakenly placing an order through an unsecured connection. 

    User Submissions 

    You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments collectively, User Submissions to your social media accounts. By posting and uploading User Submissions that you have tagged with [#emeraldsundae] or other brand hashtags, you grant to Emerald Sundae, its third-party service providers who provide content management services, and its retail partners collectively, the Licensed Parties the perpetual, irrevocable, royalty-free, non-exclusive, transferable right to use your Emerald Sundae-tagged User Submissions in any manner to be determined in the Licensed Parties sole discretion, including but not limited to on their webpages, social media pages operated by Emerald Sundae, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. Emerald Sundae may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You acknowledge and agree that Emerald Sundae has no obligation to compensate you for use of your User Submissions. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that i you own all rights in and to your User Submissions, ii you have permission from all persons appearing in your User Submissions to grant the rights granted herein; iii you are not a minor, and iv the Licensed Parties use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold Emerald Sundae, the Licensed Parties, and any person acting on Emerald Sundae or their behalf harmless from any liability related in any way to the Licensed Parties use of your User Submissions.