Conditions d'utilisation et politique de confidentialité
V 2.1 Updated March 14, 2017
Welcome to the Internet sites and Apps of The Elf on the Shelf, An Elf’s Story, and Elf Pets (collectively "ELF ON THE SHELF’s” sites). ELF ON THE SHELF and any and all entities that control, or are affiliated or under common control with ELF ON THE SHELF, including all brands and trademarks owned or controlled by such entities, are collectively referred to herein as "we," "us" or "our".
USE OF CONTENT
All information, materials, features, activities, functions and other content (including Submissions, as defined in Section 2, titled "SUBMISSIONS") ("Content") contained on ELF ON THE SHELF Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the ELF ON THE SHELF Sites or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any ELF ON THE SHELF Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of an ELF ON THE SHELF Site, except that where an ELF ON THE SHELF Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of ELF ON THE SHELF Sites is prohibited.
In the event that we offer downloads of software on an ELF ON THE SHELF Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on an ELF ON THE SHELF Site for our review or display and possible specifically-defined consideration or compensation (e.g., prizes or other value in games, sweepstakes, contests and promotions); (collectively, "Consideration") and (b) that you Distribute on or through any ELF ON THE SHELF Site for which you do not seek Consideration (e.g., in our Guest Services and in Public Forums (as defined below in Section 5, titled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
We never seek Submissions from children under 13 years. The only place on our Sites where information is intentionally collected from children is on the Write a Letter to Santa page, which collects a parent’s email address for a one-time contact. The email address is not stored or reused after the single response.
We do not accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any ELF ON THE SHELF Sites. We make no contract implied, or otherwise, with respect to unsolicited submissions, and it is our specific interest to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. Accordingly, do not distribute any Unsolicited Submission. You agree that any Submissions you distribute are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type, (other than that state herein.)
LICENSES AND REPRESENTATIONS
Regarding your submissions, you hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on ELF ON THE SHELF Sites, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
To the extent that we solicit Submissions through features or activities on or through the ELF ON THE SHELF Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 5, titled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
Some function on the ELF ON THE SHELF Sites permit or require you to create an account to participate or to secure additional materials. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any ELF ON THE SHELF Site. In addition, you agree to exit from your account at the end of each session.
PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site function or feature offered as part of any ELF ON THE SHELF Site that offers the opportunity for users to distribute Submissions for viewing by one or more ELF ON THE SHELF Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog and e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through any ELF ON THE SHELF Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute.
RULES OF CONDUCT
The following Rules of Conduct apply to the ELF ON THE SHELF Sites. By using the ELF ON THE SHELF Sites, you agree that you will not Distribute any Submission that:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
- is bigoted, hateful, or racially or otherwise offensive;
- is violent, vulgar, obscene, pornographic or otherwise sexually explicit;
- otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the ELF ON THE SHELF Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the ELF ON THE SHELF Sites;
- does not generally pertain to the designated topic or theme of the relevant Public Forum;
- violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or
- is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
COOPERATION; REMOVAL OF SUBMISSIONS
CONTENT ACCESSIBLE THROUGH LINKS FROM ELF ON THE SHELF SITES AND SEARCH RESULTS
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO ELF ON THE SHELF SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY ELF ON THE SHELF SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ELF ON THE SHELF SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
ELF ON THE SHELF Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY ELF ON THE SHELF SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A ELF ON THE SHELF SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY ELF ON THE SHELF SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO ELF ON THE SHELF SITES OR CHANGE THE ELF ON THE SHELF SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
JURISDICTIONAL AND VENUE ISSUES
Supply of goods, services and software through ELF ON THE SHELF Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through ELF ON THE SHELF Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through ELF ON THE SHELF Sites if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List ; or (2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
CLAIMS OF COPYRIGHT INFRINGEMENT
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any Content hosted on any Elf on the Shelf Site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below.
Elf on the Shelf’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Designated Copyright Agent
Elf on the Shelf
3350 Riverwood Parkway, Ste 300 Atlanta, GA 30339
For clarity, only DMCA notices should go to the Elf on the Shelf Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to customer service through the email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
At CCA and B, we take product safety very seriously, and we recognize the great responsibility we have to provide you with products that are of the highest quality. Many of our products, including The Elf on the Shelf, Claus Couture items, and our brand new SEAP kits are not actually toys and are labeled for Ornamental Use Only. However, because quality and product safety is of a primary focus, we often test these products to higher toy safety standards to ensure safety and quality that exceeds the expectations of our consumers. Our products are tested and comply with applicable ASTM (American Society for Testing and Materials), EN71 (European standards), and Canadian Toy safety standards. Our products also meet or exceed the applicable CPSC (Consumer Product Safety Commission) guidelines. Furthermore, we use independent laboratories to perform our testing evaluations. We believe independent laboratories bring both testing expertise and objectivity to the product evaluation process.
Retailers: If you would like to obtain a copy of our Certificate of Compliance (COC), please email firstname.lastname@example.org your name, account name, and mailing address.
PRIVO-Cert™ Safe Harbor Certification Program
CCA and B/The Elf on the Shelf (“CCA and B”) is a Member of the PRIVO-Cert™ Safe Harbor Certification Program (“the Program”). As a participating member in the Program, CCA and B/The Elf on the Shelf adheres to the strict information collection, use and disclosure requirements set forth by the Program. PRIVO is an independent, third-party organization committed to safeguarding children's personal information collected online. PRIVO aims to help parents and their children exercise control over personal information while exploring the Internet. The PRIVO certification seal posted on this page indicates that CCA and B/The Elf on the Shelf has established COPPA compliant privacy practices and has agreed to submit to PRIVO’s oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at 877-919-4105 or email@example.com. If you have further concerns after you have contacted us, you can contact PRIVO directly at firstname.lastname@example.org.
Contact us at email@example.com concerning anything you do not understand.
- Mobile Applications
- CCA and B does not collect any personal information from children in its mobile applications.
- Some mobile applications utilize alerts, which the User may control via the alert setting within the application. The alerts are not sent remotely by a server.
- Elfontheshelf.com Website
- The Write a Letter to Santa feature on www.elfontheshelf.com collects a parent email address for one time contact with the parent. The email address is not stored or reused at any stage after the initial response.
- Additional Information
- Some of the features on CCA and B’s Services are directed to parents and adults, and CCA and B does not knowingly collect personal information from children in connection with those features.
- Geolocation information is collected by our mobile applications and websites at the city level.
- For more information in our privacy practices related to children, please contact Compliance@elfontheshelf.com.
TYPES OF INFORMATION WE COLLECT
We collect two basic types of information: (1) personal information and (2) anonymous information - and we may use personal and anonymous information to create a third type of information, which we characterize as aggregate information.
We collect the following categories of information;
- Registration information you provide when you create an account, including your first and last name, country of residence, date of birth, email address, and password;
- Location information when you visit our sites or use our applications, including location information either provided by a mobile device interacting with one of our sites or application, or associated with your IP address, where we are permitted by law to process this information; and usage, viewing and technical data, including your device identifier or IP address, when you visit our sites, use our applications on third-party sites or platforms or open emails we send.
HOW WE COLLECT YOUR INFORMATION
We collect information through technology, such as cookies, Flash cookies and Web beacons, including when you visit our sites and applications or use our applications on third-party sites or platforms.
SHARING YOUR INFORMATION WITH OTHER COMPANIESWe will not share your personal information outside of our affiliated companies except in limited circumstances, including:
- When you allow us to share your personal information with another company, such as:
- Electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services (but only with specific consent).
- Directing us to share your personal information with third-party sites or platforms, such as social networking sites (Please note that once we share your personal information with another company, the information received by the other company becomes subject to the other company's privacy practices.)
- When companies perform services on our behalf, like email delivery, package delivery and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law
- When you allow us to share your personal information with another company, such as:
YOUR CONTROLS AND CHOICESWe provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with local law, your controls and choices may include:
- You may correct, update and delete your registration account.
- You may change your choices for subscriptions, newsletters and alerts.
- You may choose whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you.
- You may choose whether we share your personal information with other companies so they can send you offers and promotions about their products and services.
- You may choose whether to receive targeted advertising from many ad networks, data exchanges, marketing analytics and other service providers here.
- You may request access to the personal information we hold about you and that we amend or delete it and we request third parties with whom we have shared the information do the same.
DATA SECURITY AND INTEGRITYThe security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
DATA TRANSFERS, STORAGE AND PROCESSING GLOBALLYWherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information.
CCA and B/The Elf on the Shelf 3350 Riverwood Parkway, Ste 300 Atlanta, GA 30339 877-919-4105 EMAIL: Compliance@elfontheshelf.comOur sites and applications may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal information.