Terms and Privacy

Terms of Use

Effective date: 1 November 2018

Please read these terms of use and policies regarding our Services and your use of them and this website (“Terms”) carefully (note that the Terms also include our Privacy Policy).  If you do not agree to these Terms, then do not click the “Checkout” box.

The Terms are a legally binding contract between you and Zonkdbox LLC (“Zonkdbox” or “Zonk’d!” or “us” or “we” or “our,” as applicable); this contract sets out your rights and responsibilities when you use the Zonkdbox website (the “Site”), our mobile apps, and the other services or Products (as defined below) provided by Zonkdbox (“Services”), so please understand that even when you browse the Site, you are doing so subject to these Terms.  If you do not agree with the Terms, then you may not use our Services.  If you have any questions regarding these Terms or the Services, please contact us at askus@zonkdbox.com.

BY USING THE SITE OR OUR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (1) YOU HAVE READ THESE TERMS, (2) YOU UNDERSTAND THE TERMS, (3) YOU AGREE TO BE BOUND BY THE TERMS, AND (4) YOU ARE LEAST 18 YEARS OLD.  YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOUR ARE AT LEAST 18 YEARS OLD.  Individuals under the age of 18 are considered to be minors; you are responsible for any and all account activity conducted by any minor on your account.  Please note that the Terms contain mandatory binding arbitration and a class action waiver, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

The Terms govern your use of all portions of the Site.  This Site is designed for use from within the United States.  If you access and use the Site outside the United States, then you agree that you are responsible for complying with your local laws and regulations.

We reserve the right to change these Terms from time to time; if we do, we will bring the change to your attention by placing a notice on the Site, by sending you an email, and/or by some other means.  Any change is effective upon the posting of the change. If you use the Services after a change to the Terms is effective, that means you agree to all of the changes. If you do not agree with the changed Terms, then you may reject them; however, that means you can no longer use the Services.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.  You are responsible for reviewing and becoming familiar with any changes.  Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations pursuant to these Terms.  We may assign any of our rights and obligations under the Terms. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise).

The Terms, including all of the policies below that are included in the Terms, supersede any other agreement between you and Zonkdbox regarding the Services.  If any part of the Terms is found to be unenforceable, that part will be limited only to the extent necessary so that the Terms will otherwise remain in full force and effect.  Failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.

Our Products

Zonkdbox creates and ships educational and fun activity boxes with instructions and information regarding the activities (“Boxes”) on a monthly subscription basis.  The Boxes are meant to be used by children under 12 years old and only under adult supervision.  The Boxes and any other products listed on the Site (collectively, “Products”), their descriptions, and their prices are each subject to change.  We reserve the right, at any time, to modify, suspend, or discontinue the sale of any of the Products with or without notice.  You agree that Zonkdbox will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Products.

Username; Password

You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.

You may access the Site homepage and certain other portions of our website without registering for or logging into the Site, but other portions of the Site may require registration, now or in the future.  If you register on the Site, you may be asked to choose a Username and Password and to enter other information. You are responsible for maintaining the confidentiality of your username and password, and for all activities using the Site that occur when a user is logged into the Site under your username and password. If you have any questions about your access to the Site, please contact us at askus@zonkdbox.com.

You agree to immediately notify Zonkdbox of any unauthorized use of username and password or any other breach of security. Zonkdbox will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time. Your username and password combination is not transferable. We reserve the right to restrict, suspend, or terminate access to the Site for any username and password combination because of inactivity, suspected fraudulent activity, or any other reason we deem appropriate in our sole and absolute discretion.

Payment Method 

When you purchase a Zonkdbox subscription or a product through the Site, we will bill the credit card or other payment method that you have provided (your “Payment Method”).  Your Payment Method will be billed in advance of the date your monthly package or product ships in order for us to process the shipment. Subscriptions will continue until the subscription is fulfilled or you elect to cancel your subscription pursuant to these Terms.  In order to continue your monthly subscription, renew your auto-renewing subscription or complete a Product sale, you authorize Zonkdbox to charge your Payment Method for the payment due. Zonkdbox may charge your Payment Method even though it has expired by extending the expiration date of your Payment Method. This will continue until you notify Zonkdbox that your Payment Method account is no longer valid. All payments are non-refundable (except as expressly set forth in these Terms).

When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance.  Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason.  We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof).  Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your Payment Method account in the amount charged for the cancelled portion (if your Payment Method has already been charged for the order) or (b) we will not charge your Payment Method for the cancelled portion of the order.  Any delivery dates provided by Zonkdbox are estimates.

For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order, the delivery fees for the delivery service you select, and any applicable taxes.  We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date, there are unforeseen delays that hinder our ability to ship your product or there are changes to your account or subscriptions.  Please also note that if your subscription includes a discounted price for a promotional period, once the promotional period expires, your subscription will renew at the full price.  As such, if you purchase a subscription, until such time as you terminate your subscription in accordance with the directions on this site, you hereby authorize, agree and assent to Zonkdbox automatically billing your Payment Method submitted as part of the order process for such amounts that are due. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.

Assumption of Risk

You agree and understand that you assume all risks when using the Products, including, without limitation, any and all risks associated with you and your child’s use of the contents of any of the Boxes.

Warnings; Choking Hazards; Magnets 

CHOKING HAZARD:  You acknowledge that the Products may contain small parts and are not designed, manufactured, or intended for use by children under the age of three (3) years and may contain small parts.  In addition to small parts that are choking hazards, the Products may also include the following materials (or other materials that are not included in this list): pipe cleaners, sequins, rhinestones, glitter, Elmer’s glue, pom-poms, ribbon/string, paper (variety), stickers, beads, seeds, paint (variety of types), modeling clay, ingredients for genetic sand, ingredients for salt dough, ornaments, chalk, markers, crayons, and watercolor paints.

Also, the Boxes may contain magnets – a small percentage of people have a nickel allergy, where an allergic reaction can cause redness and a skin rash.  Of course, people with nickel allergies should avoid directly handling nickel plated magnets.  If multiple magnets are swallowed, they can attach to one another through intestine walls.  This can cause a severe health risk, requiring immediate, emergency surgery if correctly diagnosed.  Always keep magnets away from pacemakers and implantable cardioverter defibrillators electronics, credit cards and magnetic storage media.

If the materials contained in any of the Boxes contain items that may pose a hazard to your child who is at least 3 years old and safety regulations require Zonkdbox to provide cautionary statements concerning the use of such items, then applicable warning labels for such items will be included in the applicable Boxes. You understand and agree that you must read all included instructions, warnings and cautionary statements and take necessary precautions to supervise and protect your child.

Damaged Products 

If the Product arrives damaged or not substantially as described on the Product information page (“Damaged Product”), please notify us immediately, and we will accept returns for a full refund only in accordance with the Return Procedures below.  Provided that Zonkdbox confirms that your Product was a Damaged Product and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card in the amount charged for the Damaged Product (if your credit card has already been charged for the Product) or (b) we will not charge your credit card for the Damaged Product.  Unless the Product information page states that a Product is a Final Sale, Zonkdbox will accept returns only for store credit and only in accordance with the Return Procedures below.  If a Product is a Final Sale, then the sale is final and no returns will be accepted.  Provided that Zonkdbox confirms that your Product was not a Final Sale and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that we will issue you a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable.  Store credit may only be used for future purchase of Products on the Site (excluding gift cards) and are not transferable.

Returns; Cancellation

You may cancel your subscription at any time following the first shipment by emailing us on or before the 25th day of a calendar month of your then-current subscription period by contacting us at askus@zonkdbox.com and declaring that you wish to cancel the subscription.  Your subscription will continue until you cancel and, if you do not cancel your subscription before the tenth of the month following the end of your then-current subscription period, your subscription will automatically renew for a new subscription period of the same amount of time.  We only cancel future subscriptions, there will be no refund for the Boxes already sent.

Shipping fees are not refundable.  Please be sure to provide a complete and correct shipping address.  Any shipments refused by addressee are also subject to shipping and return shipping charges.  Zonkdbox may charge you local sales tax or, if applicable, VAT.

Links to Other Websites

The Site may contain links to websites not maintained by Zonkdbox.  Zonkdbox is not responsible for the content of any linked site or any link contained in a linked site nor does inclusion of a link on the Site to another website imply recommendation, approval or endorsement by Zonkdbox of the website.  The inclusion of any link does not imply the endorsement of such external websites or the products and services offered at such sites.

Ownership; License Grant; Intellectual Property 

All products, services, content, information displayed, performed or otherwise accessible through the Site, including, without limitation, user submitted materials, digital images, software including all derivative works, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Zonkdbox Materials”) are the intellectual property of Zonkdbox, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns, and are protected by the copyright, trademark, patent, and other intellectual property laws. The use of any Zonkdbox Materials on any other website or networked computer environment is prohibited.

Copyright © 2018, Zonkdbox. All rights reserved.

The Terms grant to you a limited license to access and use the Site for your personal, non-commercial use so long as any display of any Zonkdbox Materials shall be in their entirety including any adjoining or embedded advertisements or other visual elements. Any attempts to otherwise access or display the Zonkdbox Materials is a violation of the license granted hereunder.  Except as expressly provided herein, you agree that no portion of the Site may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any purpose, and nothing contained in these Terms shall be deemed or construed to confer any other right in or title to the Site or the Zonkdbox Materials, in whole or in part. You may not make any modifications to any Zonkdbox Materials other than as expressly permitted by us or the applicable licensor.

You are not permitted to use these Zonkdbox Materials without our prior written consent or the consent of such third party which may own the Zonkdbox Materials.  Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services.

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Products, and all related intellectual property rights.  Zonkdbox and its suppliers reserve all rights not granted in these Terms.

Limitation of Liability; Release

In no event will Zonkdbox be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind (including, but not limited to, loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the Site or the Boxes, regardless of the form of claim or action, whether in contract, tort, strict product liability, or otherwise, even if Zonkdbox has previously been advised of the possibility of such damages, claim or action.  If your jurisdiction does not allow for the exclusion of limitation of liability or liability for consequential or incidental damages, then the maximum liability arising out of or in connection with the Products or the Site shall not exceed the amount you paid to Zonkdbox in the then-prior calendar month.

You hereby release and forever discharge Zonkdbox (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, the Site or any of the Products.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY DOLLARS (U.S. $50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO ZONKDBOX IN THE PRIOR 6 MONTHS HEREUNDER.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICES AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE, SERVICES OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.

General Restrictions on Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect.  You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Site and the Services only for your personal, non-commercial purposes.  Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms.

You agree not to use the Site and the Services to: (1) violate any local, state, national or international law; (2) stalk, harass or harm another individual; (3) collect or store personal data about other users; (4) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (5) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.  Without our written consent, you may not (a) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

Privacy Policy; Personally Identifiable Information;

Please read our Privacy Policy for our policies governing the collection of personal information. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information (“PII”) (such as information that can be traced back to a specific individual user that might be used to uniquely identify, contact, or locate that specific individual) online from children who are under 13.  Zonkdbox will not knowingly collect any information form children under the age of 13.  If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible.  If you as a parent or guardian believe that a child under 13 may have provided us personal information, please contact us at askus@zonkdbox.com as is consistent with COPPA and we will remove your child’s information from our database.   Subject to your ability to opt-out of receiving Zonkdbox notifications, newsletters or advisories as set forth in the Privacy Policy, and subject to these Terms and the terms of the Privacy Policy, you hereby consent to our collection, processing and transfer of your non-personal information and PII; it being agreed that you consent to the transfer of your personal information to jurisdictions that may have different standards of privacy protection than as may be required under your local laws and regulations.

User Content

If you provide us with any ideas, feedback, artwork, designs or suggestions regarding the Site or the Products (collectively, “User Content”), excluding any personally identifiable information as defined in our Privacy Policy, then upon submission you hereby assign to Zonkdbox all rights in such User Content and agree that Zonkdbox shall have the right to use such User Content and related information in any manner it deems appropriate.  You agree and acknowledge that Zonkdbox will treat any User Content you provide as non-confidential and non-proprietary.

You hereby irrevocably assign to Zonkdbox free of charge all of your worldwide right, title and interest in and to such User Content, and waive any “moral” or author’s rights or other rights in and to such User Content, in whole or in part. Without limiting the foregoing, Zonkdbox shall exclusively own all now known or hereafter existing rights, of any and all types and in any all geographic locations, in and to all User Content, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Zonkdbox, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere in the world, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.  None of the User Content shall be subject to any obligation of confidence on the part of Zonkdbox, and Zonkdbox shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, Zonkdbox may, but is not obligated to, use and publish the User Content at the Site or elsewhere for any purpose.

Notwithstanding the above, you are responsible for all User Content posted by you, and Zonkdbox does not and shall not have any responsibility for any User Content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide through the Site or otherwise to Zonkdbox.

Zonkdbox does not and cannot review every submission by users and is not responsible for, nor does it endorse or guarantee the accuracy and appropriateness of the content of such submissions. Zonkdbox retains the right, but has no obligation, to review, edit or delete any User Content that Zonkdbox deems to be illegal, offensive, or otherwise inappropriate.

Limited Warranties

THE SERVICES, THE SITE, ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ZONKDBOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ZONKDBOX DOES NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.  ZONKDBOX IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS.  ZONKDBOX DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICES; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICES.  NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION.  ZONKDBOX RESERVES THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES.  YOU UNDERSTAND THAT ZONKDBOX HAS DEVELOPED THE SITE’S TECHNOLOGIES TO FIND INFORMATION THAT IT BELIEVES WILL BE MOST RELEVANT AND INTERESTING TO YOU.  ZONKDBOX MAY IN ITS SOLE DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS, SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.

Exclusions.

THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.  CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnification

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND ZONKDBOX, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS, FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING FROM OR IN ANY WAY RELATED TO (1) YOUR USE OF THE SERVICES OR PRODUCTS OR (2) YOUR VIOLATION OF THESE TERMS OR APPLICABLE LAW OR (3) YOUR USER CONTENT.  In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Choice of Law; Arbitration. 

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ZONKDBOX ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

The Terms are governed by and will be construed under the laws of the Commonwealth of Virginia, without regard to the conflicts of laws provisions thereof.

Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach of these Terms will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Loudoun County, Virginia, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the Commonwealth of Virginia, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.  The courts of Loudon County, Virginia, USA, and the United States District Court for the Eastern District of Virginia, will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

Privacy Policy

Effective date: 1 November 2018

Zonkdbox cares about how your personal information is used and shared, and we take your privacy seriously.  Please read the following to learn more about our Privacy Policy.  By using or accessing the Site or the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of the Site and the Services is at all times subject to the Terms, which incorporates this Privacy Policy.  Any capitalized terms we use in this Privacy Policy that are not defined in this Privacy Policy have the definitions given to them in the Terms.

If you have any questions regarding our privacy policies, then please contact askus@zonkdbox.com.

This Privacy Policy covers our treatment of personally identifiable information (“PII”) that we gather when you are accessing or using our Services, but not to the practices of companies we do not own or control, or people that we do not manage ore oversee.  We gather various types of PII from users of the Site, as explained in more detail below, and we use this PII internally in connection with our Services, including to improve our services and, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain Products and Services, and to analyze how you use the Services.  In certain cases, we may also share some PII with third parties, but only as described below.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of PII to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at askus@zonkdbox.com.

Zonkdbox does not knowingly collect or solicit personal information from anyone under the age of 13.  If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us.  If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.  If you believe that a child under 13 may have provided us personal information, please contact us at askus@zonkdbox.com.

We reserve the right to change this Privacy Policy from time to time; if we do, we will bring the change to your attention by placing a notice on the Site, by sending you an email, and/or by some other means.  Any change is effective upon the posting of the change.  If you use the Services after a change to this Privacy Policy is effective, that means you agree to all of the changes.  If you do not agree with the changed terms, then you may reject them; however, that means you can no longer use the Services.

This Privacy Policy, including all of the policies that are included in the Terms, supersede any other agreement between you and Zonkdbox regarding the Services.  If any part of this Privacy Policy is found to be unenforceable, that part will be limited only to the extent necessary so that this Privacy Policy will otherwise remain in full force and effect.  Failure to enforce any part of this Privacy Policy is not a waiver of our right to later enforce that or any other part of the Terms.

Information You Provide to Us

Zonkdbox stores any information that you knowingly provide to us.  For example, through the registration/ordering process and/or through your account settings, we may collect PII such as your name, email address, phone number, billing address, credit card information, and personal information about the intended recipient (such as the recipient’s name and address) in order to allow us to ship your order to them.  Certain information may be required to register with us or to take advantage of some of our features.

We may communicate with you if you have provided us the means to do so. For example, if you have given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services.  Also, we may receive a confirmation when you open an email from us.  If you do not want to receive communications from us or wish to subscribe to, or opt out of receiving, Zonkdbox notifications, newsletters or advisories, then please make such request to askus@zonkdbox.com, and we will modify our distribution list accordingly.  Furthermore, you may at any time unsubscribe from our email publications and other communications by following the unsubscribe directions which are included in each email notification, newsletter or advisory that we send.

Cookies

A “cookie” is a small computer data file sent to your web browser from a particular web site’s computers and stored on your computer’s hard drive.  Cookies allow for the monitoring of how many people are utilizing the Site, how frequently and the length of browsing time of the user and other non-personal information.  Many web browsers permit you to reject cookies and you may use the Site with that feature of the browser enabled, but if you choose to reject all cookies, then you may be unable to use some of the features and content on the Site. When you visit the Site, information about your browser type, domain name from which you gain access, operating system and IP address are collected. This information is used by Zonkdbox solely for our internal purposes in managing the Site. However, our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third party website or service, a third party may also transmit cookies to you.  This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.  Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

Access to Your personal Information

You have a right to a copy of the personal information which Zonkdbox holds about you, and you have a right to have that information revised if it is incorrect.  If you would like to receive a copy of the information Zonkdbox has collected about you via the Site, then please send a request for that information to askus@zonkdbox.com, and, subject to legal requirements, we will make reasonable efforts to comply with your request.  If the personal information Zonkdbox has for you is not complete or is not correct, please let us know.

Security

Zonkdbox uses industry standard website security measures in order to protect against the misuse or alteration of information provided via the Site.  Zonkdbox is not responsible for any unauthorized access to information by hackers or others who have obtained such access through illegal means.  Your account is protected by a password for your privacy and security.  You must prevent unauthorized access to your account and PII by selecting and protecting your password and limiting access to your computer or device and browser by signing off after you have finished accessing your account. We endeavor to protect the privacy of your account and other PII that we hold in our records, but unfortunately, we cannot guarantee complete security.  Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

Transfer or Sale of Information

In the event of a sale, merger, liquidation, dissolution, or other transfer of all or any part of the business, trade or assets of Zonkdbox and/or any of its individual affiliates, any and all information collected about you via the Site may be sold, assigned, or transferred to a third party.

Sharing Information

Zonkdbox does not rent or sell your PII in personally identifiable form to anyone.

We may share your PII with third parties as described in this section:

  1. We may de-identify your PII so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.
  2. We allow advertisers or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers.
  3. We may deliver a file to you through the Services (known as a “web beacon”) from an ad network.  Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers.  Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites.  Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.  You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; please note that we do not control whether or how these third parties comply with Do Not Track requests.
  4. In certain situations, businesses or third party websites that are affiliated with Zonkdbox with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us).  Zonkdbox will share your PII with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you use a third-party website (affiliated or otherwise) or choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
  5. We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless Zonkdbox otherwise specifies, our agents do not have any right to use the PII that we share with them beyond what is necessary to assist us.
  6. Notwithstanding anything contained herein to the contrary, Zonkdbox reserves the right to access, read, preserve, and disclose any information that we believe is necessary to protect the rights, property, or safety of Zonkdbox, our employees, our users, or others, to enforce the Terms, or to comply with law or court order.