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  • November 10, 2011

    Privacy Policy and Terms & Condition

    PRIVACY POLICY, TERMS AND CONDITIONS

    Date of Last Revision: December 19, 2008
    By accessing this web site (the "Site"), you agree to be bound by this Privacy Policy, Terms and Conditions. If you do not agree to such terms, please do not use the Site. Each time you use the Site, the current version of the Privacy Policy, Terms and Conditions will apply. When you use the Site, you should check the date of the last revision which appears above. If the date posted above is later than the last date that you last visited the Site, the terms may have changed and you should review any changes that have been made.

    The Site is provided by Cashmere House, Inc. ("TSE" "we" or "us") in conjunction with third parties. TSE and its parent affiliates, and licensees, and their respective officers, directors, employees, shareholders, agents, successors, assigns, vendors, retail partners and any other party involved in the creation, operation, production or transmission of this Site shall be referred to herein as "TSE Parties."

    This Site is available worldwide and may be operated from various locations both within and outside the United States of America ("USA"). Access to and use of the Site, including functionality and features available on the Site ("Features") and products and services available for purchase through the Site, however, may be inappropriate, prohibited or restricted in countries outside the United States. The TSE Parties make no warranty or representations that the Site or the Features are appropriate or available for access/use outside of the USA. If you access/use the Site from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Site.

    This is a general audience Site and users of all ages are welcome to browse the Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Site, including, but not limited to, your name, address, email address, phone number and other Personally Identifiable Information.
    Users of all ages are welcome to browse the Site, however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Site and in order to access/use some Features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

    PRIVACY POLICY
    Your privacy is important to us. This online privacy policy ("Privacy Policy") describes the types of information

    Information We Collect
    We may collect two types of information from users of the Site: "Personally Identifiable Information" which means any information by which a user can be personally identified (such as name, e-mail address, mailing address, billing address, phone number, billing and account number, credit card information, and other information incidental to providing goods and services) and "Aggregate Information" which means information that would not permit the personal identification of a user (such as IP address, frequency of visits to the Site and Site pages most frequently accessed).

    Collection and Use of Personally Identifiable Information
    TSE collects Personally Identifiable Information that is voluntarily provided by users of the Site, such as when placing an order on the Site, establishing an account, contacting us with a question or comment, utilizing an "Email to a Friend" feature, or signing up to receive emails about our latest products and services. In addition, TSE may from time to time conduct surveys on the Site where users can voluntarily participate and provide Personally Identifiable Information. We may maintain a record of your purchases or the types of products that appeal to you. By providing Personally Identifiable Information to us, we are better able to match your interests. TSE may use your Personally Identifiable Information for various purposes such as to help us improve the Site, to better tailor our products, services and marketing efforts, and to provide content on the Site or inform you of upcoming promotions and other product or service offerings that may be of interest to you.

    Collection And Use Of Aggregate Information
    TSE also collects Aggregate Information, which is used in a collective manner, and no individual person can be identified by this compiled information. The types of Aggregate Information we collect include frequency of visits to the Site, search terms entered, Site pages most frequently accessed; location, age or gender of users; and types of products that are of greatest interest to our customers. By knowing more about the general profile of our customers (without identifying any specific individual), we believe we can improve your shopping experience.

    Sharing, Selling And Trading Personally Identifiable Information Collected Online  With Third Parties
    TSE will not rent, sell or otherwise disclose your Personally Identifiable Information, without your consent, to unrelated third parties, except as stated in this Privacy Policy. TSE may share or disclose your Personally Identifiable Information to business entities under common ownership or control with the TSE Parties. Notwithstanding the foregoing, we may share your Personally Identifiable Information with our third party service providers that provide assistance with operating or hosting the Site, providing or fulfilling the products and services you request through the Site, authorizing and processing of your payments, fraud protection, credit risk reduction, product customization, marketing and promotional material distribution, web site evaluation, data analysis, Site improvements, and, where applicable, data cleansing, and marketing, promotions and other services performed on our behalf. In addition, the TSE Parties may share or transfer Personally Identifiable Information to unrelated third parties: if required to do so by law or to comply with a legal requirement, judicial proceeding, court order, or legal process; to investigate a possible crime, such as fraud or identity theft; or when we believe it is necessary to protect the rights, property, or safety of the TSE Parties or other persons.

    We may use certain Aggregate Information for research or marketing purposes and may share, trade or publish that Aggregate Information and statistical data derived from such information. We do not use Aggregate Information to identify a particular user.

    Security
    The security of your Personally Identifiable Information is important to us and we are committed to handling such information carefully. We maintain reasonable physical, electronic and procedural safeguards to guard your Personally Identifiable Information. We use secure socket layer ("SSL") technology to protect the security of your payment information and we encrypt your Personally Identifiable Information when it is sent over the Internet. It is important to understand, however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your Personally Identifiable Information, we cannot guarantee its absolute security.

    DISCLAIMER OF WARRANTY
    Your use of this site is at your risk. The site is provided "as is", "with all faults" and "as available." as to the site, to the fullest extent permitted by law, the tse parties expressly disclaim all express and implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement. Any content downloaded, or otherwise obtained by using the site, shall be so obtained at your own discretion and risk. The tse parties will not be responsible for any damage to your computer system or loss of data that results from obtaining any content from or accessing the site.

    Without limitation to the foregoing, the tse parties do not warrant: (a) your enjoyment of the site will be without interference; (b) the site will fulfill any particular purpose, need, requirement or specification or is complete, reliable or accurate; (c) your requests to the site will be honored according to your schedule or any stated schedule; (d) the site will be timely, secure or error free; (e) any errors in content or features will be corrected; (f) content or features on the site is appropriate or available for use in any particular location; (g) products or services displayed or referenced on the site are available for use in a particular location; or (h) the content, including but not limited to, descriptions of products, services and features available on or through the site is accurate, up-to-date or complete.

    All products and services purchased on or through this site are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, the tse parties hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this site. Without limiting the generality of the foregoing, the tse parties hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as "consumers" in the magnuson-moss warranty-federal trade commission improvements act.

    The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.

    Limitations of Liability
    The tse parties do not assume any responsibility, and shall not be liable for, any damages to, or viruses or other malicious code or software that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this site or your downloading of, access to, or use of any features or content. In no event will the tse parties be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any sites linked to this site, or the materials, information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.

    In the event of any problem with this site or any content, you agree that your sole remedy is to cease using this site. In the event of any problem with the products or services that you have purchased on or through this site, you agree that your sole remedy, if any, is that specified in the returns and refunds policies posted on this site.

    Use Of Cookies, Web Beacons, Or Pixel Tags
    The Site uses "cookies" for the purpose of facilitating the gathering of Aggregate Information. Cookies are pieces of information which websites transfer to your computer's web browser for storage on your computer's hard drive. In addition, cookies on the Site may contain information (such as a unique user ID), which tracks the pages of the Site you have visited. This information allows us to make updates to enhance your experience including recognizing your preferences to make shopping easier for you and providing you with a customized experience. If you wish not to utilize cookie technology, this feature may be disabled within your web browser. You may use the Site without restriction even if you have blocked cookies on your browser.

    We use third-party service providers to provide Internet data hosting and to help us measure and determine how visitors use the Site and the effectiveness of the Site in order to help us improve and optimize the Site and the products and services we offer. Those service providers may place web beacons or pixel tags on certain pages of the Site or use cookies in order to facilitate collection of information regarding your use of the Site each time you visit the Site.

    Other Websites
    This Privacy Policy only applies to the Site. The Site may link from several points to third party websites. TSE has no control over third party privacy policies, which may differ from this Privacy Policy. Please examine the privacy policies of such third parties prior to submitting any personal information. TSE Parties and their service providers do not control the content that appears on any third party sites and do not endorse any of their products or services. Links to third party sites are provides solely for your convenience and any submission of data to such sites should be performed at your sole risk.

    Additional Privacy Protections For Children Using The Internet
    TSE is concerned about the safety of children when they use the Internet, and understands that children may not fully comprehend all of the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Site. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. Our Site is not directed to children under the age of 13, and we will never request Personally Identifiable Information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a user is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her Personally Identifiable Information from our files.

    Business Transfers
    In the event that TSE or its parent or any affiliates is acquired (whether by sale of assets or ownership interests) by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the Personally Identifiable and Aggregate Information we have collected from visitors to our Site as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may transfer such data to a successor or to a third party that purchases our assets arising from such circumstances.

    User Opt-Out
    You may elect not to receive promotional communications from TSE in connection with the Site. If you have established an account or signed up for our email list, you may opt-out of receiving promotional emails from us by clicking on the Manage My Subscription link at the bottom of the email.

    Please note that removal of user information from our database or "opting-out" will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request.

    If you establish an account, you may receive certain types of communications even if you have opted-out of receiving them because these types of communications may be necessary in order to maintain an account on the Site.
    User Requests and Corrections of or Questions Relating To User Information
    If your name, e-mail, postal address, telephone number or other Personally Identifiable Information changes you can make changes on your Site account at My Account and your TSE Preferred Program account at www.tsecashmere.com. If you have a request or question relating to such information you can email us by clicking Contact Customer Service Department.

    We reserve the right to retain any Personally Identifiable Information reasonably necessary to appropriately document our business activities and for archival and record retention purposes. We may store Personally Identifiable Information for as long as we believe necessary for the purposes described in this Privacy Policy.

    We are also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:
    Federal Trade Commission
    Attn: Consumer Response Center
    600 Pennsylvania Avenue NW
    Washington, DC 20580
    consumerline@ftc.gov
    www.ftc.gov

    Secure Shopping Policy
    TSE uses the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure. Our Secure Shopping Policy applies to every transaction made with TSE through the Site. If any unauthorized charges were to appear on your credit card as a result of shopping through the Site, you must notify your credit card provider in accordance with its reporting rules and procedures.

    Information You Provide/Submissions
    Other than Personally Identifiable Information, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and any other communication or content you transmit or post to this Site in any form and in any manner ("User Communications") (i) is and will be considered non-confidential, non-personal and non-proprietary to you or anyone else and (ii) may be disseminated or used by the TSE Parties for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such User Communications. Therefore, do not transmit or post to the Site any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation. You hereby grant the TSE Parties a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to commercialize, reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use User Communications in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party ("User Communications License"). TSE may, but is not obligated to, monitor or review any User Communications. TSE shall have no obligations to use, return, review, or respond to any User Communications. The TSE Parties shall have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. TSE retains the right to remove any or all User Communications that includes any material TSE deems inappropriate or unacceptable.
    By making a User Communication, you represent and warrant (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communication, and the exercise by TSE of the rights granted it under the User Communications License in relation to such User Communication, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (iii) the User Communication does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under this Privacy Policy, Terms and Conditions. We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.

    Prohibited Submissions.
    You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that TSE may have at law or in equity, if TSE reasonably determines that you have violated or are likely to violate the foregoing prohibitions, TSE may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. TSE will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing TSE to disclose the identity of anyone posting such materials.

    Ownership and Permitted Use of Content
    The Site design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from this Site (the "Content") are either the property of, or used with permission by, TSE. The ownership of all Content is retained by its owner. You may not (i) modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
    The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.

    Trademarks
    Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of TSE and its parent, affiliates, or other related parties. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of TSE or such third-party owner.

    Prohibited Actions
    While visiting the Site and participating in, accessing and using the Features (cumulatively "Using the Site"), you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of User Communication; alter, modify, frame, or "mirror" any Content; create a deep-link to our Site by by-passing our Site's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).

    Availability of Products, Services, Features and Content.
    All Features, Content, and products and services available on or through the Website, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

    Accuracy of Information
    The TSE Parties take reasonable efforts to ensure that information on this Site is complete, accurate and current. Despite such efforts , however, the information on this Site may be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. The TSE Parties make efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The TSE Parties make no representation as to the completeness, accuracy or timeliness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is the practice of the TSE Parties to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. The TSE Parties reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The TSE Parties also may require verification of information prior to the acceptance and/or shipment of any order.

    Shipment of Order
    Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.

    Linking to this Site
    Creating or maintaining any link from another Web site to any page on this Site without TSE's prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.

    Applicability of Additional Terms and Conditions
    Additional or different terms and conditions ("Other Terms") may apply in connection with certain Features (e.g. testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use Features, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access Features, or purchase products and services. These Other Terms are incorporated into and made a part of this Privacy Policy, Terms and Conditions by reference. In the event Other Terms conflict with this Privacy Policy, Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.

    Termination
    TSE reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Site or Features at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Site and Features, products and services available on or through the Site at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.

    Other
    To the fullest extent permitted by law, this Privacy Policy, Terms and Conditions and any claim or dispute arising out of or relating to this Privacy Policy, Terms and Conditions, including but not limited to the Site, will be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to this Privacy Policy, Terms and Conditions, including but not limited to the Site, shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its applicable commercial rules, provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and e-commerce. The arbitration panel shall apply California law, without regard to its conflict of laws principles. In addition, the exclusive location for such arbitration shall be Los Angeles, California. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived. You may not use or export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of this Privacy Policy, Terms and Conditions is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. This Privacy Policy, Terms and Conditions constitutes the entire agreement between you and the TSE Parties relating to your use of the Site, superseding any other agreement between you and the TSE Parties with respect to the subject matter of This Privacy Policy, Terms and Conditions. Section headings herein are for convenience only and have no legal or contractual effect. A printed version of the applicable Privacy Policy, Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to This Privacy Policy, Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Hong Kong – Personal Data Protection


 
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