TheStashBox Service (the “Service”) and the web site located at www.thestashbox.com (the “Web Site”) are owned, operated and distributed by TheStashBox LLC, a New York limited liability company (referred to in this Privacy Policy as “we” and through similar words such as “us,” “our,” etc.). BY USING THE SERVICE AND/OR THE WEB SITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE "PRIVACY POLICY") AND THE TERMS AND CONDITIONS OF THESTASHBOX TERMS OF USE (THE “TERMS OF USE”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE SERVICE OR THE WEB SITE.

The Service and the Web Site allow you to participate in marketers’ (the “Marketers”) brand testing and development programs (each, a “Program”).

We may, at our sole discretion, modify this Privacy Policy at any time. By accessing the Service or the Web Site at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of September 20, 2012.


We collect the following types of personally identifiable information:

User Provided Information: You may affirmatively provide us with certain personally identifiable information (such as your name and email address) when participating in various activities on the Web Site and the Service.

Information Collected by “Cookies”: When you access the Web Site or the Service, we may send one or more “cookies” to your computer. A "cookie" is a small line of text that is stored with your browser. Your browser has options to accept, reject or provide you with notice when a cookie is sent. We may use cookies for many purposes, including (without limitation) to save your password so you don't have to re-enter it each time you visit the Service, and to deliver content (which may include third party advertisements) specific to your interests.

Log File Information: Our servers automatically record certain information that your browser sends whenever you access the Service. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Information Collected by “Clear GIFs”: We may employ "clear GIFs" (a.k.a. Web Beacons), which are used to track usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to users to track which emails are opened by recipients.


Any personal information that you voluntarily disclose online (e.g., through a User Submission) becomes publicly available and can be collected and used by others.

If you have not opted out from receiving these communications from us, we may use your email address, phone number or other personally identifiable information to send commercial or marketing messages. We also may use your email address, phone number and other personally identifiable information for non-marketing or administrative purposes (such as notifying you of major Service and/or Web Site changes or for customer service purposes). You cannot opt out of receiving communications for non-marketing or administrative purposes.

We use aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Web Site and the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. In addition, we may use “cookies,” clear gifs and log file information to deliver content (which may include third party advertisements) specific to your interests, and remember information so that you will not have to re-enter it each time you visit the Service or the Web Site.




We will not share your personally identifiable information with third-party companies (other than the Marketers in whose Programs you participate) for their commercial or marketing use without your consent. We may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf. In such circumstances, we require that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy. In addition, we may release personally identifiable information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law, enforce any provision of the Terms of Use, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user or protect the public welfare; or (ii) to respond to a court order, subpoena, or search warrant.
While we include provisions in our agreements with Marketers that require them to use your personally identifiable information in accordance with their privacy policies, we do not have any control over a Marketer’s actions, and do not monitor their compliance with their privacy policies. Accordingly, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any Marketer’s handling or use of your personally identifiable information. You hereby release us and our officers, directors, employees, agents, affiliates and their respective successors and assigns from any claims for damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to any dispute relating to a Marketer’s use or handling of your personally identifiable information. If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


We have implemented security measures to protect personally identifiable information collected on the Service and the Web Site against loss, misuse or alteration. However, despite the precautions described above, we cannot and do not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and we accept no liability for any unintentional disclosure.


In the event that we are acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.


You must be 13 years and older to register to use the Service or the Web Site. As a result, we do not collect information about children under age 13.


The Service and the Web Site are hosted in the United States and are intended for and directed to users in the United States. If you are accessing the Service or the Web Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service and/or the Web Site, which is governed by U.S. law, this Privacy Policy, and our Terms of Use, you are transferring the Member’s personal information to the United States and you consent to that transfer.

California Civil Code Section 1798.83 permits users of the Service who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail with "California Privacy Rights" in the heading to info@thestashbox.com or write us at:
 
 TheStashBox Privacy Rights, 31 West 27th Street, Suite 9A, New York, NY, 10001.


You agree that the Service and the Web Site shall be deemed passive services based solely based in New York, New York, U.S.A., and shall not give rise to personal jurisdiction over us either specific or general, in jurisdictions other than New York. This Privacy Policy shall be governed by the internal laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising out of this Privacy Policy shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York. This Privacy Policy, together with the Terms of Use and any other legal notices published by us on the Service or the Web Site, constitute the entire agreement between you and us concerning the Service and the Web Site. If any provision of this Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect. No waiver of any term of this Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Privacy Policy shall not constitute a waiver of such right or provision.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS PRIVACY POLICY SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE OR THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.

Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing. 

TheStashBox Service (the “Service”) and the web site located at www.thestashbox.com (the “Web Site”) are owned, operated and distributed by TheStashBox LLC, a New York limited liability company (referred to in these Terms of Use as “we” and through similar words such as “us,” “our,” etc.). BY USING THE SERVICE AND/OR THE WEB SITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE "TERMS OF USE") AND THE TERMS AND CONDITIONS OF THESTASHBOX PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ABIDE BY ANY OF THESE TERMS AND ALL APPLICABLE LAWS, YOU SHOULD NOT USE THE SERVICE OR THE WEB SITE.

The Service and the Web Site allow you to participate in marketers’ (the “Marketers”) brand testing and development programs (each, a “Program”).

In order to access some features of the Web Site or the Service, you will have to create an account. You may never use another's account without permission. You represent and warrant to us that the information you provide for your account is accurate and complete in all respects, and you agree to keep all your account information up to date. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.

You acknowledge that we may terminate your account, remove any data or content that you have provided and/or disable your access to the Service or the Web Site, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind. In addition, we may modify or remove any service or functionality included in the Service or the Web Site at any time, with or without notice and with no liability of any kind.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Use of the Service and the Web Site is only available only to individuals who are at least 13 years old. If you are not 13 years old, you are not authorized to use the Service or the Web Site.

We may, at our sole discretion, modify these Terms of Use at any time. By accessing the Web Site or the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Use were last modified as of September 20, 2012.


We do not actively monitor the use of the Web Site, the Service or any Programs or other communications between you and any Marketer. You acknowledge and agree that we have no control over such Programs or other communications, do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials included therein (collectively, “Marketer Content”). In addition, the Web Site and the Service may contain links to third party web sites that are not owned or controlled by us. You acknowledge and agree that we have no control over such third party web sites, are not responsible for the availability of such web sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such third party web sites, or any web sites that they may link to (collectively, “Third Party Content”).

We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Marketer Content or Third Party Content, or in connection with any Program or other transaction with a Marketer or a publisher of Third Party Content.

You hereby release us and our officers, directors, employees, agents, affiliates and their respective successors and assigns from any claims for damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to any dispute relating to any Marketer Content or Third Party Content, any Program or other transaction or attempted transaction with any Marketer or publisher of Third Party Content, or the use of the Service or the Web Site in connection with any of the foregoing. If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


Any content submitted by you via the Service or the Web Site to Marketers or for public view is referred to in these Terms of Use as a “User Submission.” You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize us and/or the applicable Marketer to use the User Submissions in the manner contemplated by the Service, the Web Site, the applicable Program and/or these Terms of Use.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant us and the applicable Marketer an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Web Site and the Service a non-exclusive license to access your User Submissions through the Web Site and the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and the Web Site and under these Terms of Use.

We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to the Web Site for any reason.

We are a provider of an interactive computer service for purposes of 47 U.S.C. Section 230. As such, our liability for others' conduct and information is limited as described therein. Further, we are a service provider pursuant to the Digital Millennium Copyright Act. If you are a copyright owner and believe that any content on the Service or the Web Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide us notice of an infringement, you must provide a written communication to TheStashBox LLC, DMCA Infringement Notification Dept., 31 West 27th Street, Suite 9A, New York, NY 10001 or to info@thestashbox.com that sets forth the information specified by the DMCA (see HYPERLINK "http://www.copyright.gov/title17/92chap5.html" \l "512" http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

The contents of the Web Site, including without limitation, the text, graphics, interactive features and photos created by and for TheStashBox (the “Content”), and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to us, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Web Site is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our prior written consent or as expressly provided herein.

You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying or distribution of User Submissions of third parties obtained through the Web Site, for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Web Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web Site or the Content therein.


YOU AGREE THAT YOUR USE OF THE SERVICE AND THE WEB SITE SHALL BE AT YOUR SOLE RISK, AND THAT THE SERVICE, THE WEB SITE AND ALL CONTENT INCLUDED THEREIN IS PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE WEB SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S AND/OR THE WEB SITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE SERVICE OR THE WEB SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE OR THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE OR THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE OR THE WEB SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service and the Web Site are controlled and offered by us from our facilities in the United States of America. We make no representations that the Service or the Web Site are appropriate or available for use in other locations. Those who access or use the Service or the Web Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.


You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service or the Web Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Use and your use of the Service and/or the Web Site.


You may not use the Service or the Web Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by us. In furtherance, and not in limitation, of the foregoing, you agree not to take any of the following actions in connection with your use of the Service or the Web Site: (i) abuse, harass, threaten, impersonate or intimidate others; (ii) distribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; (iii) engage in any activity intended to obtain password, account, or private information from any user; (iv) transmit unwanted email or other communications; (v) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content; (vi) take any action that might impose an unreasonable or disproportionately large load on our infrastructure; (vii) interfere or attempt to interfere with the proper working of the Service or the Web Site or any activities conducted on the Service or the Web Site, including without limitation, by transmitting viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; (viii) bypass any measures we may use to prevent or restrict access to the Service or the Web Site; (ix) participate in any effort that in any way artificially alters the results of any voting or rating mechanism on the Web Site or the Service; (x) harm minors in any way, including without limitation, by soliciting personal information from anyone under 18; or (xi) upload, post , email or otherwise transmit a third party’s telephone number, street address, last name, email address or other personally-identifiable information without that party’s express consent .

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs that access the Web Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.

You agree not to collect or use any personally identifiable information, including without limitation, account names, email addresses or other User Submissions from the Web Site, nor use the communication systems provided by the Web Site for any commercial solicitation purposes, including without limitation, to solicit, for commercial purposes, any users of the Web Site.


You agree that the Service and the Web Site shall be deemed passive services based solely based in New York and shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal laws of the State of New York, without regard to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Service or the Web Site shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York. These Terms of Use, together with the Privacy Policy and any other legal notices published by us on the Service or the Web Site, constitute the entire agreement between you and us concerning the Service and the Web Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE OR THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.

Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.