| At National Nightmare, we are committed
to protecting your privacy (unlike the Bush Administration). We
use the information we collect about you to process orders and to
provide a more personalized shopping experience. Please read on
for more details about our privacy policy.
What information do we collect? How do we use it?
When you order, we need to know your name, e-mail address, mailing
address, credit card number, phone number and expiration date.
This allows us to process and fulfill your order and to notify
you of your order status.
National Nightmare will never disclose or send promotional
information to recipient addresses. Furthermore, we will not send
you any promotional notices unless you specifically ask us to.
How does National Nightmare protect customer information?
When you place orders or access your account information, we
offer the use of a secure server. The secure server software (SSL)
encrypts all information you input before it is sent to us. Plus,
all of the customer data we collect is protected against unauthorized
access.
What about "cookies"?
"Cookies" are small pieces of information that are
stored by your browser on your computer's hard drive. Our cookies
do not contain any personally identifying information, but they
do enable us to provide a quick shopping experience. Most on-line
shopping carts use cookies. Most Web browsers automatically accept
cookies, but you can usually change your browser to prevent that.
If you choose to disable cookies, our shopping cart will still
function, but might be a little bit slower because the shopping
cart needs to store your shopping information on the National Nightmare server as you shop, rather than on your own hard drive
(which is faster to access).
Will National Nightmare disclose the information it collects
to outside parties?
National Nightmare does not sell, trade, or rent your personal
information to others. National Nightmare may release account
information when we believe, in good faith, that such release
is reasonably necessary to (i) comply with law, (ii) enforce or
apply the terms of any of our user agreements or (iii) protect
the rights, property or safety of National Nightmare, our
users, or others.
OTHER POLICIES OF SITE USE:
1. Electronic Communications
When you visit nationalnightmare.com or send e-mails to us, you
are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with
you by e-mail or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
2. Copyright
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of National Nightmare, Inc.
or its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is
the exclusive property of National Nightmare, Inc. and protected
by U.S. and international copyright laws. All software used on
this site is the property of National Nightmare, Inc. or its
software suppliers and protected by United States and international
copyright laws.
3. License and site access
National Nightmare, Inc. grants you a limited license to access
and make personal use of this site and not to download (other
than page caching) or modify it, or any portion of it, except
with the expressed written consent of National Nightmare,
Inc. This license does not include any resale or commercial use
of this site or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of this
site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. This site
or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without the expressed written consent of National Nightmare, Inc. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of pacificcookie.com
and our affiliates without the expressed written consent. You
may not use any meta tags or any other "hidden text"
utilizing National Nightmare, Inc. name without the expressed
written consent of National Nightmare, Inc. Any unauthorized
use terminates the permission or license granted by National Nightmare, Inc. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of National Nightmare, Inc. so long as the link does not portray National Nightmare, Inc., or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any
National Nightmare, Inc. logo or other proprietary graphic
or trademark as part of the link without the expressed written
permission.
4. Your Account
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password.
If you are under 18, you may use pacificcookie.com only with involvement
of a parent or guardian. National Nightmare, Inc. and its
affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
5. Reviews, Comments, Communications, and other Content
Visitors may post reviews, comments, and other content; send e-cards
and other communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of a card or
other content. National Nightmare, Inc. reserves the right
(but not the obligation) to remove or edit such content, but does
not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant National Nightmare, Inc a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub licensable
right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content throughout
the world in any media. You grant National Nightmare, Inc.
the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own
or otherwise control all of the rights to the content that you
post; that the content is accurate; that use of the content you
supply does not violate this policy and will not cause injury
to any person or entity; and that you will indemnify National Nightmare, Inc. for all claims resulting from content you supply.
National Nightmare, Inc. has the right but not the obligation
to monitor and edit or remove any activity or content. National Nightmare, Inc. takes no responsibility and assumes no liability
for any content posted by you or any third party.
6. Copyright Complaints
National Nightmare, Inc. and its affiliates respect the intellectual
property of others. If you believe that your work has been copied
in a way that constitutes copyright infringement, please contact
office@pacificcookie.com.
7. Risk of Loss
All items purchased from National Nightmare, Inc. are made
pursuant to a shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery to the
carrier.
8. Product Descriptions
National Nightmare, Inc. and its affiliates attempt to be
as accurate as possible. However, National Nightmare, Inc.
does not warrant that product descriptions or other content of
this site is accurate, complete, reliable, current, or error-free.
If a product offered by National Nightmare, Inc. itself is
not as described, your sole remedy is to return it in unused condition.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY National Nightmare, INC. ON AN "AS
IS" AND "AS AVAILABLE" BASIS. National Nightmare,
INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, National Nightmare, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. National Nightmare, INC.
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
National Nightmare, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. National Nightmare, INC. WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
10. Disputes
Any dispute relating in any way to your visit to pacificcookie.com
or to products you purchase through pacificcookie.com shall be
submitted to confidential arbitration in California, except that,
to the extent you have in any manner violated or threatened to
violate National Nightmare, Inc. Intellectual property rights
National Nightmare, Inc may seek injunctive or other appropriate
relief in any state or federal court in the state of California
and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as
a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
11. Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies
also govern your visit to pacificcookie.com. We reserve the right
to make changes to our site, policies, and these Conditions of
Use at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability
of any remaining condition.
In Summary
We are committed to protecting your privacy. We use the information
we collect on the site to make shopping at National Nightmare
possible and to enhance your overall shopping experience.
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