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Privacy and Security


   
 
(last updated 12/02/09)

Privacy Statement.
Our postal address is:
4150 First Ave South
Seattle, WA 98134

Our mailing address is:
PO Box 84268
Seattle, Wa 98124

We can be reached via email at customer.service@danielsmith.com or call toll-free (800) 426-6740; international calls (206) 223-9599.

Daniel Smith is committed to ensuring your privacy as a valued customer and visitor to our site. We collect the domain name and e-mail addresses (where possible) of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations.

The information we collect is used to improve the content of our Web page, to customize the content and/or layout of our page for each individual consumer, to notify consumers about updates to our Web site and to contact consumers for marketing purposes.

If you supply us with your postal address or telephone number on-line, you may receive contact from us regarding orders you have placed, upcoming events, or Daniel Smith products and services.

If at any time you would like to unsubscribe from our email mailing list, please e-mail us at webmaster@danielsmith.com.

Secure Order Process.

Our online store includes many safeguards so that you can enjoy your shopping experience without having to worry about credit card transactions. When you submit sensitive information via our website, your information is protected both on-line and off-line. Our secure shopping system is made up of three layers:

  • The first layer is the most visible to you. Most of the activity on our site involves the viewing of product pages or content that is made accessible to everyone. The entire checkout process takes place in a secure environment using Secure Socket Layer (SSL) technology, which encrypts the data. SSL technology is an industry standard and among the best software available today for secure commerce transactions. Once you have clicked on the checkout button, your browser looks for a digital certificate. We use VeriSign™ as our SSL (Secure Socket Layer) digital certificate provider and to verify that Daniel Smith is a VeriSign™ secure site. All sensitive information you enter during the checkout process (including credit card number, name and address) is encrypted under this protocol while traveling the Internet.
  • The second layer works behind the scenes. We protect all of your private information, including your order, behind a network security system called a "firewall." Only select staff has access to this information, and then only enough to service your order.
  • As a final precaution, we authorize all credit card transactions through the same processes that we use for traditional phone, fax or mail orders. We service through a reputable credit card processor.
Credit Card Security.

We have developed multiple steps to ensure the security of your credit card and overall transaction. The first layer employs Secure Socket Layer (SSL) encryption technology. The second and third layer involves our internal security and processes. We authorize all credit card transactions through a reputable credit card processor.

How We Use the Information We Collect.
  • When you visit Daniel Smith, we automatically recognize your Internet service provider's address. This helps us to diagnose any server problems and to administer our web site. However, you are not identified as an individual and no personal information is collected.
  • When you place an order, you will be asked to provide your name, email address, mailing address, telephone number, and credit card number with expiration date. This allows us to process and fulfill your order.
  • You will be given the option to save the information you have entered, including your name and billing address, and any ship-to addresses. This feature is used only to help you retrieve this information and save time when you log back in.
  • If you order a product from us, you will be placed in our customer file. We occasionally make customer names and postal addresses available to other reputable companies. If you do not want your name made available to other companies, please contact us. When you give us your name and address as it appears on the mailing label, we will remove it from our mailing list.
  • In order to continue making improvements to our site, we occasionally collect voluntary information, such as survey information or email suggestions. We may use and analyze anonymous information in "aggregate" -- in other words, we collect information about thousands of site visits and analyze it as a whole. The information we gather is used to improve the content of our Web Site and deliver the most relevant products and services. We do not combine anonymous information about your site visit with your personal information.
  • As necessary, we need to share your order information with trusted third-party companies (such as our credit card processor) that assist us in managing our operations and to fulfill your order. We require that third parties hold this information we provide in the strictest confidence.
  • This web site may contain links to other sites, which may take you away from our site. Please be aware that we, Daniel Smith, are not responsible for the privacy practices or information-gathering practices of such other sites.
  • We may disclose any of your personal information if we are required to comply with lawful government requests or court orders.
  • In the unlikely event that Daniel Smith is sold, or substantially all of its assets are acquired, customer information may be one of the transferred assets.
How We Use Email Addresses and Telephone Numbers
  • We do not sell email addresses or share them with other companies.
  • After you place an order on our site, you will receive two emails from us. The first is an acknowledgment of your order and the second confirms your shipment.
  • We send emails to subscribers about sales and special offers. You may subscribe at any time by clicking on Email Updates. You will also be prompted during the checkout process. Users may "unsubscribe" at any time by:

    • Contacting us
    • Clicking at the bottom of your Email and following the instructions
  • We work with a trusted third-party company to transmit our emails. This company employs high levels of data security around this information and keeps it in strict confidence. The company that handles the transmission of our emails cannot use the email addresses for any use other than the sending of our emails.
  • When you place an order, we will ask for your telephone number. In the event any questions arise about your order, we may try to reach you by telephone to resolve the issue.
  • Note: Email, in general, is not a secure form of communication, and can be intercepted as it travels across the Internet. We recommend that you do not give us your credit card number or any sensitive information via email
What about Cookies?
A cookie is a small file stored on your computer by a Web site to give you a unique ID. Our cookie does not contain any personally identifying information (such as name or credit card information). Most browsers are preset to accept cookies. Our current technology platform requires this to process your order. The use of cookies is standard on the Internet and is used to make on-line shopping easier and quicker. In order to better serve you and customize your shopping experience, third parties may place anonymous cookies on the browser of visitors to our website and may send their own cookies to browsers. If you choose not to accept cookies, purchasing is not possible at Daniel Smith's Site. However, you may still place your order by calling toll free 1-800-426-6740.

Terms of Use.
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. As your use of our Daniel Smith, Inc. ("Daniel Smith") will indicate your acceptance of these terms, do not use the Site if you do not agree to be bound by these terms. We may periodically change the terms, so please check them from time to time as your continued use of the Site indicates your acceptance of the terms applicable at the times you use our Site.

1. Postal address. 4150 First Ave South, PO Box 84268, Seattle, WA 98124-5568.

2. Contacting Daniel Smith, Inc. You can reach us via e-mail at sales@danielsmith.com. You can also call us from anywhere in the United States toll-free at 800-426-6740. Our information number for any international call is 206-223-9599 (this number is not toll-free).

3. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT DANIEL SMITH AND OUR PRODUCTS AND SERVICES ON THIS SITE, WE CANNOT ASSURE THAT ALL THE INFORMATION PROVIDED WILL ALWAYS BE UP TO DATE OR THAT THIS SITE CONTAINS ALL IMPORTANT INFORMATION AVAILABLE ABOUT DANIEL SMITH OR OUR PRODUCTS AND SERVICES.

4. Products and Services; Availability.

  A. All products and services offered on this Site are available (so long as supplies last or art workshops, demonstrations, or classes are not already full) only within the United States for the quoted prices in U.S. Dollars. All prices are valid and effective only in the United States and do not include shipping and handling charges. We reserve the right without prior notice to discontinue or change specifications and descriptions on products and services offered on this Site without incurring any obligations.

B. Any offers of our products which are ordered on-line from our shopping cart will be firm as to the price so long as there are still supplies of the products available at such price. We will notify you any such products are no longer available at such price. Any on-line registrations for art workshops, demonstrations or classes may be accepted until a class is full subject however to our review and the instructor's review of the proposed registrants. We have the right in our sole discretion not to accept any registration submission for an art workshop, demonstration, or class. Please note that any registrant will have to agree to additional written terms and conditions to participate in any art workshop, demonstration or class.

5. Copyrights and trademarks.

  A. Products and Services. Unless otherwise noted, all materials on this Site are protected as the copyrights, trade dress, trademarks and/ or other intellectual properties owned by Daniel Smith, by other persons or entities whose products or services are being offered by Daniel Smith, by artists who submit images for the online gallery, or by third parties who have permitted or licensed Daniel Smith to use copyrighted works on the Site.

B. Daniel Smith's Marks. Our marks on this Site represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by Daniel Smith The display of marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of Daniel Smith's worldwide proprietary ownership rights, and our company may own or control other proprietary rights in one or more countries outside of the United States.

C. Copyrights in Images on Online Gallery. We allow any artist to add acceptable images to our online gallery under the terms and conditions for such submissions. The terms and conditions include the artist's personal representation, warranty and guaranty that the display of an image of an artwork and your ability to view such image, as well as the transmission of such image to your computer system, do not violate the intellectual property rights of any person or party, including without limitation, copyrights, trademarks, trade dress, publicity rights, and rights of privacy.

D. All rights not expressly granted are reserved. You may not without the written permission of any copyright owner or trademark or service mark owner use any work (image, article, or other works) other than to view and display the image, article, trademark or service mark, used in the Site on your computer screen.


6. Personal Use. Your use of the materials included on this Site is for informational and shopping purposes only. You agree you will not copy, distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way, except for the permitted display of our Site on your computer screen. You agree to indemnify, defend and hold harmless Daniel Smith for any and all unauthorized uses you may make of any material on the Site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Daniel Smith and that in the event of an unauthorized use, Daniel Smith shall be entitled to an injunction in addition to any other remedies available at law or in equity.

7. Bulletin Board. Please see the terms and conditions at the Bulletin Board if you decide to use the Bulletin Board. Daniel Smith is not responsible for the statements, representations or opinions of any users of the Bulletin Board. You are reminded that specific products will have safety and other instructions regarding their use, and that you should always review and follow the manufacturer's instructions.

8. Site Defects. Daniel Smith does not guarantee that the functions contained in the Site will be uninterrupted or error-free or that this Site or its server will be free of viruses, bugs or other harmful components, or that all such defects will be corrected even if we become aware of them. Daniel Smith appreciates being informed of any problems.

9. Visitor Information. Daniel Smith collects the domain name and e-mail addressees (where possible) of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or Site registrations. The information we collect is used to improve the content of our Web page, to customize the content and/or layout of our page for each individual consumer, to notify consumers about updates to our Web Site, and to contact consumers for marketing and information purposes. If you supply us with your postal address or telephone number on-line, we may contact you about orders you have placed, upcoming events, or Daniel Smith products and services. We may provide information to persons or entities who we believe may offer relevant and complementary information or products and services to you. We may also at times e-mail you a message, newsletter or other information about upcoming events or other interesting information about Daniel Smith products and services.

10. Links. Some links on the Site will allow you to connect with Sites that are not under our control. We are providing these links only as a convenience. The appearance of a link does not imply our endorsement, nor is Daniel Smith responsible for the contents of any linked Site. You access them at your own risk.

11. Privacy and security of credit card information. We try to ensure that your ordering information, including your credit card number, is protected while you are on our Site. However, we cannot and do make any guarantees about privacy and security in the rapidly changing Internet environment. In the event of an unauthorized use of your credit card, notify your credit card provider or issuing bank in accordance with its reporting rules and procedures.

12. Applicable Law. The Site is intended for viewing only in the United States. The law applicable to the interpretation and construction of these Terms and Use, any transaction (including sales of products or services) using or related to this Site, and any viewing or display of this Site shall be the laws of the State of Washington, USA without regard to conflict of laws. All proceedings relating to this Site, these Terms of Use, or any transaction, including the sale of any products or services, using this Site, shall be brought only in the state or federal courts of King County, Seattle, Washington, USA, and you and Daniel Smith do hereby consent to the jurisdiction and venue of such courts.

13. Additional Disclaimers, Limitations of Liability and Indemnity. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. DANIEL SMITH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER DANIEL SMITH NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. DANIEL SMITH IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF DANIEL SMITH'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DANIEL SMITH, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. FEEDBACK AND SUBMISSIONS.

14. Visitor Feedback and Submissions.

  A. You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Site that will violate any rights of any third party, including copyright, trademark, publicity, moral rights, privacy or other personal or proprietary rights.

B. While we appreciate your interest in Daniel Smith, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, products, art technology, ideas, concepts or any other discoveries or suggestions you may have developed or claim to have developed. You agree that any materials (including without limitation, images and words) submitted by you to this Site will be deemed and shall be a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.


15. Denial of Access. These Terms of Use constitute an agreement between Daniel Smith and you which is effective unless and until terminated by Daniel Smith. If in Daniel Smith's sole discretion, you fail to comply with any term or provision of this Agreement, Daniel Smith may deny you access to the Site. In the event of denial of access by Daniel Smith, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Daniel Smith relating to the subject matter addressed herein.

 

Terms and Conditions for User Generated Content
DANIEL SMITH INC. (“DANIEL SMITH”) owns and/or operates various websites that permit users (hereinafter “Members” or “Users”) to submit or publish content (“User Generated Websites”). Such websites may include, but are not limited to, message boards, blogs, social networks, and comment boards. By registering or using any User Generated Websites, you accept and agree to the following Terms and conditions for User Generated Content.

Eligibility and registration
You may, as part of the registration process, be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You are solely responsible for any and all uses of your username, password, and account.
Appropriate conduct and content; personal use only User Generated Websites are made available for your personal, non commercial use only. User Generated Websites may not be used for any commercial or promotional purpose. By acceptance of these User Generated Websites Terms and Conditions, you agree that any information you provide about yourself is accurate and complete information at the time provided. In particular, you represent that you are 18 years of age or older. In addition, you agree to update any information provided to User Generated Websites to keep it accurate and complete. If you become a member of a User Generated Website, your failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for suspension or termination of your membership. You may not use User Generated Websites for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from 11 the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content (“Materials”) that you submit, post, and display on User Generated Websites. We may without notice to you, but shall have no obligation to, refuse, edit, and/or remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringing or violating any party’s intellectual property or other proprietary rights or these User Generated Websites Terms and Conditions. We also reserve the right in our sole discretion to refuse, edit, and/or remove any content that may be deemed by any User Generated Website community to be inappropriate without providing you notice.

Children’s privacy
We are committed to protecting the privacy of children. The User Generated Websites are is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we have actual knowledge is under the age of 18.

Examples of illegal or unauthorized uses include, but are not limited to:
Modifying, adapting, translating, or reverse engineering any portion of the User Generated Websites; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of User Generated Websites; collecting any information about other Members (including usernames and/or e mail addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of User Generated Websites; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the service; submitting Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by User Generated Websites; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; displaying an advertisement as part of your or your pet’s profile; any automated use of the system, including the use of scripts to send messages or post comments; or submitting false or misleading information.
While DANIEL SMITH prohibits such conduct and content on its User Generated Websites, you understand and agree that you nonetheless may be exposed to such Materials and that you use User Generated Websites at your own risk.

Changes to Terms and Conditions for User Generated Content
We reserve the right to modify or terminate any User Generated Website or service therein for any reason, and without notice, without liability to you, any other Member, or any third party. We also reserve the right to modify these Terms and Conditions for User Generated Content from time to time without notice. You are responsible for regularly reviewing these Terms and Conditions for User Generated Content so that you will be apprised of any changes.

License to Use Materials
By submitting, posting, or displaying any Materials on or through User Generated Websites, you automatically grant DANIEL SMITH a worldwide, non exclusive, royalty free, irrevocable license to publicly display or re display such Materials on the User Generated Websites website and in all other forms of media (including, without limitation, e mail blasts and mobile or text messages or applications) that are used by DANIEL SMITH or its agents in connection with the promotion, marketing, use, or expansion of any User Generated Websites.
You represent to DANIEL SMITH that you own all Materials you provide and/or have the unencumbered legal right to grant the above referenced license with respect to all Materials you provide. You further represent to DANIEL SMITH that such materials do not infringe any third party copyrights or other third party intellectual property rights. You agree to indemnify DANIEL SMITH for any and all loses resulting form the invalidity or inaccuracy of such representation. Except as expressly authorized by User Generated Websites, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of DANIEL SMITH proprietary information, which includes the sum of all postings and photos to the site.
Please do not send to any User Generated Website or post on any User Generated Website forum anything that constitutes a trade secret, confidential or proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to any User Generated Website will not be considered confidential or proprietary.
User Generated Websites includes information and content generated from a wide variety of sources, including professional service providers, as well as, other Users. Users should understand that User Generated Websites is a place to review and share information but the information has not been verified for accuracy and does not represent the opinions or positions of DANIEL SMITH. DANIEL SMITH cannot guarantee the timeliness, accuracy, efficacy, or veracity of any information provided at User Generated Websites, nor the efficiency or applicability of any advice, opinions or content as they may be interpreted and applied to your pet. DANIEL SMITH personnel are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on User Generated Websites, or for any results obtained from the use of such information or advice. DANIEL SMITH and its personnel will not be liable for any loss or damage suffered by a User through the User’s reliance on information, content and advice appearing on our website.

USER GENERATED WEBSITES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.

Standard Terms and Conditions for DANIEL SMITH Websites
In addition to these User Generated Websites Terms and Conditions, you agree to be bound by DANIEL SMITH standard Terms and Conditions for its websites, as the same may be modified and updated from time to time, with respect to your use of User Generated Websites.
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