Terms of Service
Welcome to the Painted Pony Package! The Painted Pony Package website and services are provided by Painted Pony Package. (“Painted Pony Package”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the PaintedPonyPackage.com web site (the “Website”) and all services provided by Painted Pony Package via the Website including without limitation our monthly product and gift service (collectively, the “Services”).
Acceptance of Terms
By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms and Conditions may be viewed at paintedponypackage.com/terms-of-service.
Scope of Service
Painted Pony Package maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- The Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Registration and Membership; Product Sales
As a registered user of Painted Pony Package, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions by selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
As a subscribed Painted Pony Package member, each month we will ship you a package with a different selection of items for your child that may consist of a selection from toys, paper products, or other horse-related items (“Products”). Each month of your subscription, the selection of Products may change. Accordingly, Painted Pony Package cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.
BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.
Billing and Payments
The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover (please check our Shipping, Return and Exchange Policy for an updated list). You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., a six month plan, monthly plan), you will automatically be charged each month during that subscription period, even if you have cancelled your subscription or membership prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.
For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of Products.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Painted Pony Package the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Painted Pony Package will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Shipping and Risk of Loss
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Painted Pony Package within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.
Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Returns and Exchanges
If a Product is defective, you may return it within thirty (30) days of receipt and we will send you a new item or credit your account. To request a refund, please contact us at email@example.com. When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the packing slip included in each shipped box. All refunds are subject to our shipping, return and exchange policies stated, if any. Please note credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of PaintedPonyPackage.com.
Shipping, return and exchange of any products delivered by us in connection with your membership are subject to the Painted Pony Package Shipping, Return and Exchange Policy.
You may be charged local sales tax or VAT, if applicable.
This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the Website. You must update your account on the Website by the first day of the month following the end of your then-current subscription period.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.
YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE MONTH FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
All cancellation requests received after the first day of the calendar month following a Subscription Period will apply to the following Subscription Period.
We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful to our business interests, or for an inactive account.
Limitation of Liability
IN NO EVENT SHALL PAINTED PONY PACKAGE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE PAINTED PONY PACKAGE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO PAINTED PONY PACKAGE IN THE THEN-PRIOR CALENDAR MONTH.
PRODUCTS INCLUDED IN ALL PACKAGES ARE NOT INTENDED FOR CHILDREN THREE YEARS OF AGE OR YOUNGER.
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Painted Pony Package from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.
Content Submitted by Users
Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Painted Pony Package. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Painted Pony Package, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Painted Pony Package, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Painted Pony Package.
- Use a name or language that Painted Pony Package, in its sole discretion, deems offensive.
- Post defamatory statements.
- Post hateful or racially or ethnically objectionable Content.
- Post Content which infringes another’s copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
- Obtain unauthorized access to any computer system through the Website.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
Painted Pony Package does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Painted Pony Package a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Painted Pony Package the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Painted Pony Package will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
Painted Pony Package services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
Intellectual Property Rights
Unless otherwise noted, all Content contained on this Website is the property of Painted Pony Package and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Painted Pony Package and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website is: Copyright Agent, 7400 W. 110th St. Ste. 600 Overland Park, KS 66210.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
When you register to participate in Painted Pony Package services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Disclaimer of Warranty
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR CHILD. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN PAINTED PONY PACKAGE’S DISCRETION.
YOU MAY RETURN DEFECTIVE PRODUCTS ONLY WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PAINTED PONY PACKAGE DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to Third-Party Websites
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Painted Pony Package, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third party Websites.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Painted Pony Package of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Painted Pony Package does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of Kansas, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Overland Park, KS, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Kansas. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of Kansas or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEARING CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.
To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Painted Pony Package. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Painted Pony Package.
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
For Additional Information
If you have any questions about these Terms and Conditions, please contact firstname.lastname@example.org.
Copyright © 2016, Painted Pony Package. All Rights Reserved.
This Policy is intended to explain the conditions under which Painted Pony Package collects, uses, and discloses personal and other information in connection with the Website, and your rights in relation to that information. By visiting our Sites, you are agreeing to the terms of this Policy.
The personal and other information that we collect about you is controlled by Painted Pony Package, which is headquartered in the United States in Fontana, Kansas.
What personal and other information we collect about you
Painted Pony Package collects both “personal information” and “non-personal information” about Website users. For purposes of this Policy, “non-personal information” is information that Painted Pony Package cannot directly associate with a specific person without the aid of additional information. By contrast, “personal information,” is information such as a name or email address that Painted Pony Package can directly associate with a specific person or entity without additional information. When we combine non-personal information with personal information, we treat all of the combined information as personal information.
Personal information. You can visit the Site without submitting any personal information. However, in order to subscribe to our services or use many features of our Website, you will be required to provide personal information. For example:
Facebook. Certain applications, including Powr Reviews, may require you to log in through your Facebook account. If you link your Facebook account to a Painted Pony Package service, this allows us to obtain information from those accounts (such as your friends or contacts). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.
Orders. If you purchase a product or service from us, we request certain personal information from you on our order form. You must provide personal contact information (such as name, email address, and shipping address) and financial information (such as a credit card number and expiration date).
Posted Content. Certain of our Website features enable users to submit additional information that may be made accessible to other users or the general public. To post content, you may be required to first register by providing information such as an email address, display name, and password. Registrants also may choose to voluntarily provide additional information, including an avatar image, a biography, and/or information about their location. And, of course, registrants may disclose personal and other information through their posted content.
Feedback. Our online contact form also contains a “message” field through which you may submit additional personal information.
We may combine personal information collected through the Platforms with other information that we or third parties collect about you in other contexts—such as our communications with you via email or phone, or your customer service records. We will treat such combined information as personal information and protect it in accordance with this Policy.
Surveys, Contests, and Promotions. From time to time, Painted Pony Package may ask Website users to participate in surveys, contests, or promotions. Such surveys, contests, and promotions may be used to collect both personal and non-personal information. Participation is completely voluntary, and you therefore have a choice whether or not to disclose your information.
Log data. When you use the Website, we automatically receive and record certain information from your computer (or other device) and your browser. This may include such data as your IP address and domain name, the pages you visit or the features you use on the Platforms, the date and time of your visit, the files that you download, the URLs from the websites you visit before and after navigating to the Website, your software and hardware attributes (including device IDs), your general geographic location (e.g., your city, state, or metropolitan region), and certain cookie information (see below). To obtain such information, we may use web logs or applications that recognize your computer or device and gather information about its online activity.
Web beacons. We also may use an application known as a “web beacon” (also known as a “clear gif” or “web bug”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information, which could include personal information. For example, it allows an email sender to determine whether a user has opened a particular email.
Third-party online tracking and behavioral advertising. We also may partner with certain third parties to collect, analyze, and use some of the personal and non-personal information described in this section. For example, we may allow third parties to set cookies or use web beacons on the Website or in email communications from Painted Pony Package. This information may be used for a variety of purposes, including online behavioral advertising, as discussed below (see the section entitled “How we share personal and non-personal information with third parties”).
How we use the personal and non-personal information that we collect
Painted Pony Package uses the information that we collect for a variety of purposes. If we have personal information about you, we may use it, for example: to respond to your questions or requests concerning the Website or other services offered by Painted Pony Package or our partners; to fulfill the terms of any agreement you have with us; to fulfill your requests for our services and orders for products or otherwise complete a transaction that you initiate; to send you information about our services, the status of any orders, and other topics that are likely to be of interest to you, including newsletters, updates, or other communications; to authenticate billing and identification information; to deliver confirmations, account information, notifications, awards, service-related announcements, and similar operational communications; to improve or personalize your user experience; to improve the quality of our products and services; to comply with legal and/or regulatory requirements; and to manage our business.
We use the non-personal information that we collect for such purposes as: counting and recognizing users of the Website; analyzing users’ demographics, interests, and behavior, including how they use the Website and various Website features; improving the Website and enhancing users’ experiences with the Website; researching and creating new products and services or improving our existing products and services; enabling additional website and application analytics and research concerning the Website; and managing our business. Painted Pony Package may link non-personal information gathered using cookies and web beacons with personal information. But in that event, we will treat the combined information as personal information.
We also may use the personal and non-personal information that we collect to send you promotional communications, including emails or postal mail about the products and services offered by Painted Pony Package or our partners. Although we hope you will find our promotional emails of interest, you may opt out of receiving them by sending an email to or by clicking on the “unsubscribe” link in any promotional email. Promotional emails will also have instructions for opting out of that type of communication in the future.
We also provide you the opportunity to opt-out of having your personal information used for certain purposes when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.
If you choose to use our referral service to tell a friend about our products or services, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Platforms. This personal information may be used to track the success of our referral program. Your friend may contact us at email@example.com to request that we remove this information from our database.
How we share personal and non-personal information with third parties
We share your personal information and non-personal information with other parties for a variety of purposes, as described below.
Analytics and online behavioral advertising. We partner with certain third parties to collect the non-personal information discussed above and to engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. In particular, as of the effective date of this Policy, certain of the Sites and Apps use such third party services as Google Analytics and Facebook retargeting to help collect and analyze certain information for the purposes discussed above.
The Website also enables third-party tracking mechanisms to collect your non-personal information for use in online behavioral advertising. For example, third parties may use the fact that you visited the Website to target online ads for Painted Pony Package services to you on non-Painted Pony Package websites or services. In addition, our third-party advertising networks might use information about your use of the Website to help target non-Painted Pony Package advertisements based on your online behavior in general. For information about behavioral advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website.
The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies. Additionally, you may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out here, or of companies participating in the Digital Advertising Alliance program by opting out here. Although our Website currently does not respond to “do not track” browser headers, you can limit tracking through these third-party programs and by taking the other steps discussed above.
Third-party service providers and business partners. Painted Pony Package also uses other third-party service providers to help us manage and improve the Website and other Painted Pony Package services. These service providers may collect and/or use your personal or non-personal information to assist us in achieving the purposes discussed above in the section entitled “How we use the personal and non-personal information that we collect.” For example, we use third parties to help us target and implement our email communications and direct mailings, to verify your identity and address for shipping purposes, to ship our products, and to process your credit card information. We also use third-party platforms to help us manage our relationships with the people and companies that use our services.
We also may share your personal or non-personal information with other third parties when necessary to fulfill your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.
Your direct sharing of information on the Platforms. Certain features of our Website make it possible for you to share comments or feedback publicly with all other users of the Website. Any information that you submit through such features will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected, and/or used by others, and it could be used to send you unsolicited messages if you disclose personal information. Accordingly, please take care when using these features of the Website.
Your direct sharing of personal information through third-party websites and services. The Website may enable you to share directly personal information with websites or online services operated by third parties. For example, the Website contains links to third-party websites that incorporate comment and social media features. The Platforms may also contain a Facebook “like” button, an Instagram”follow” button, or similar features. If you choose to use these features, you may disclose your personal information not just to those third-party websites and services, but also to their users and the public more generally. Because these third-party websites and services are not operated by Painted Pony Package, we are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and non-personal information will be subject to the privacy policies of the third party websites or services, and not this Policy.
Legal purposes. We also may use or share your personal or non-personal information with third parties when we believe, in our sole discretion, that doing so is necessary:
- to comply with applicable law or a court order, subpoena, or other legal process;
- to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
- to establish, protect, or exercise our legal rights or defend against legal claims; or
- to facilitate the actual or proposed financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.
Aggregated information. From time to time, Painted Pony Package may also share de-identified and aggregated information about Website users, such as by publishing a report on trends in the usage of the Website.
Painted Pony Package uses commercially reasonable physical, electronic, and procedural safeguards to protect your personal information against loss or unauthorized access, use, modification, or deletion. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). However, no security program is foolproof, and thus we cannot guarantee the absolute security of your personal or other information.
Reviewing and updating your information
If you want to learn more about the personal information that Painted Pony Package has about you, or you would like to update or change that information, or deactivate your account, please contact us by email at firstname.lastname@example.org.
Note that deactivating your account does not cause your account information to be deleted from our servers. You can request such deletion by emailing our Customer Support team at email@example.com.
Information for Platform users from outside the United States
The personal and non-personal information that we collect through or in connection with the Website is transferred to and processed in the United States for the purposes described above. Painted Pony Package also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Website or by providing any personal or non-personal information to us, you expressly consent to such transfer and processing.
The Platforms are not directed to children under the age of 13, and Painted Pony Package will never knowingly collect personal or other information from anyone it knows is under the age of 13. Persons over 13 but under 18 years of age may use the Website only in conjunction with and under the supervision of a parent or legal guardian.
Changes to this Policy
We reserve the right to amend this policy at any time. We will post all changes to this policy on this website, so you should review the policy periodically. Any such amendments to this policy may apply to information we collect in the future as well as any information we obtained prior to such amendment. If we make a material change to this policy, we will provide appropriate notice as required by law.
Questions or comments
If you have any questions or comments regarding our Policy, please contact us at:
Effective date: March 1, 2016.