Use of this website
The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, DRUNKNMUNKY and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
The Web Site may contain services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or mobile devices. By using DRUNKNMUNKY’s Web Site and mobile services, you agree that DRUNKNMUNKY may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with DRUNKNMUNKY. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that DRUNKNMUNKY does not send your messages to a different person.
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of DRUNKNMUNKY and/or its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.
Linking to this website and third party links
Creating or maintaining any link from another website to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
From time to time, this Web Site may contain links to websites that are not owned, operated or controlled by DRUNKNMUNKY or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither DRUNKNMUNKY nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Unsolicited Ideas and Inventions
DRUNKNMUNKY or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to DRUNKNMUNKY or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when DRUNKNMUNKY’s products or marketing strategies might seem similar to ideas submitted to DRUNKNMUNKY. DRUNKNMUNKY realizes the possibility exists that it will miss out on a good suggestion by adopting this strict policy and procedure. However, experience has shown us that this policy, which is shared by most major corporations, is the approach we consider to be in the best long-term interest of everyone, legally protecting the interests of all parties involved. From a legal standpoint, we hope you understand DRUNKNMUNKY’s position. If, despite our request that you do not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your submissions and by your submission of ideas, you agree to these terms:
- Terms of Idea Submission
You agree that subject to any existing trademark, copyright, patent or other intellectual property rights you may own or possess: (1) your submissions and their contents will automatically become licensed in perpetuity to DRUNKNMUNKY, without any compensation to you; (2) DRUNKNMUNKY may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for DRUNKNMUNKY to review the submission; and (4) there is no obligation to keep any submissions confidential.
- Product feedback
Although the policy dictates DRUNKNMUNKY cannot consider your idea, and DRUNKNMUNKY cannot offer you any compensation for this idea, this in no way reflects on its merits, and we greatly appreciate your interest in DRUNKNMUNKY. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found on the DRUNKNMUNKY.com Web Site, or you can choose from other listed areas for your feedback. Please provide only specific feedback on DRUNKNMUNKY’s existing products or marketing strategies; do not include any ideas that DRUNKNMUNKY’s policy will not permit it to accept or consider. It’s just one more way that DRUNKNMUNKY can learn how to best satisfy your needs. Any feedback you provide at this site shall be deemed to be non-confidential. DRUNKNMUNKY shall be free to use such information on an unrestricted basis.
All orders placed through the Web Site are subject to DRUNKNMUNKY’s acceptance. This means that DRUNKNMUNKY may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later canceled DRUNKNMUNKY will issue you a refund.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your DRUNKNMUNKY account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Web Site. DRUNKNMUNKY is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
DRUNKNMUNKY reserves the right in its sole discretion to terminate your account, delete your profile and any of your submissions, and restrict your use of all or any part of the Web Site for any or no reason, without notice, and without liability to you or anyone else. DRUNKNMUNKY also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Web Site.
LIMITATION OF LIABILITY
DRUNKNMUNKY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEB SITE OR THE CONDUCT OF OTHER WEB SITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT AN DRUNKNMUNKY EVENT OR ANY USER GENERATED CONTENT, EVEN IF DRUNKNMUNKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE. YOUR ONLY REMEDY AGAINST DRUNKNMUNKY FOR USE OF THE WEB SITE OR ANY CONTENT IS TO STOP USING THE WEB SITE.
DRUNKNMUNKY DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE WEB SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE WEB SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. DRUNKNMUNKY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES. To the fullest extent permitted by law, DRUNKNMUNKY disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. DRUNKNMUNKY neither guarantees nor promises any specific results from use of the Web Site. DRUNKNMUNKY does not represent or warrant that the Web Site will be uninterrupted or error-free, that any defects will be corrected, or that this Web Site or the server that makes the Web Site available are free of viruses or anything else harmful. To the fullest extent permitted by law, DRUNKNMUNKY does not make any warranties or representations regarding the use of the materials or Content in the Web Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other such Device in which you access the Web Site, loss of data or other harm of any kind that may result. DRUNKNMUNKY reserves the right to change any and all Content and other items used or contained in the Web Site at any time without notice.
DRUNKNMUNKY DIGITAL PRIVACY AND SECURITY POLICY
DRUNKNMUNKY is committed to your privacy
Information We Collect
We receive and may keep information voluntarily given to us when you decided to make a DRUNKNMUNKY purchase, register on a DRUNKNMUNKY website, take part in a special promotion, or provide any other information or unique preferences to better serve you. This information may include your name, address and phone number; date of birth; your e-mail address; your credit card information; proof of your identity; other ‘real world’ contact information and, such other information that DRUNKNMUNKY may voluntarily collect from you from time to time on its website or through alternate means. It might also include information you provide us about other people. For example, you may provide us with some of the same information as above (name and address) for a merchandise gift recipient. When you provide us with personal information about the intended recipient of a shipment, we use that information for the purposes of processing the shipment and, in some cases, to communicate with the intended recipient to provide information pertaining to the status of the shipment. We rely on you to obtain the intended recipient’s consent to our use of their personal information for these limited purposes. We may receive information about you from other sources such as updated address information. This information may help us to improve our ability to serve your needs such as ensuring the accurate delivery of direct mail materials.
We may use third-party advertising companies to serve ads on our behalf
These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness.
Once Information Is Received, How Is It Used and/or Shared?
Information we collect from you may be shared between all points of contact within DRUNKNMUNKY and its affiliates and subsidiaries. We use this information to offer you special offers, new products, and services and may share your information with affiliated and unaffiliated companies, sponsors and other third parties in DRUNKNMUNKY’s sole and exclusive discretion. In addition, DRUNKNMUNKY may use such information to provide you with timely and reliable fulfillment of requests; do all things necessary to administer those services; deliver merchandise and services that you purchase online; register you on DRUNKNMUNKY.com; facilitate payment for your purchases; confirm your orders and delivery information; respond to your customer service inquiries or requests; communicate offers, benefits and featured items to you; administer giveaways, contests, and similar promotions; administer special customer recognition programs; find and stock the products you want; customize your shopping experience and other uses as determined by DRUNKNMUNKY; analyze and support your purchases from DRUNKNMUNKY; and analyze your use of the DRUNKNMUNKY.com web site.
Certain business services are performed on DRUNKNMUNKY’s behalf and at DRUNKNMUNKY’s request by third parties and other companies. We may share your information with selected vendors that perform services for DRUNKNMUNKY or to others for other marketing purposes. To perform these services, these companies may, at times, utilize some of the information you have provided DRUNKNMUNKY. This information is used for the purposes DRUNKNMUNKY has requested such as maintaining our database, administering and monitoring e-mails, and contest administration.
We may also share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when (1) permitted or required by law, or (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions, or (3) investigating fraud that has already taken place. In addition, DRUNKNMUNKY reserves the right to disclose personal information to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so.
Retention of Personal Information
DRUNKNMUNKY generally keeps user data on our server or in our archives for as long as we reasonably need it. We may alter this practice according to changing requirements. For example, we may delete some data if needed to free up storage space. We may keep other data for longer periods if the law requires it. In addition, information posted in a public forum could stay in the public domain indefinitely. Your consent to such purposes(s) remains valid after any termination of our relationship with you.
Right to Transfer
DRUNKNMUNKY also reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale (including, but not limited to, liquidation, bankruptcy, realization, foreclosure or repossession), lease, license, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of DRUNKNMUNKY or of any of the business, assets, interests or shares of DRUNKNMUNKY or any divisions thereof. DRUNKNMUNKY further reserves the right to sell, license, lease, share, transfer or otherwise disclose personal information to third parties at DRUNKNMUNKY’s sole discretion. DRUNKNMUNKY may decide to retain a copy of the information after the sale or transfer for any use.
Third party sites
DRUNKNMUNKY may contain links to third party websites, including sites of providers that post last-minute content on this Site. DRUNKNMUNKY is not responsible for the privacy practices or the content of such websites. Your use of these third party websites is entirely at your own risk. When you click on a link, you are essentially taken to the originating provider’s site.
Our Commitment to Data Security
DRUNKNMUNKY makes commercially reasonable efforts to ensure that personal information collected from you is protected against loss and unauthorized access. This protection applies in relation to information stored in both electronic and hard copy form. DRUNKNMUNKY uses industry standard security techniques on its website to help protect against the loss, misuse or modification of information that you have provided. When you access your personal information or transmit personally identifiable data to us, that information is stored on servers that we have used commercially reasonable efforts to protect from unauthorized access or intrusion. While we implement the above security measures, you should be aware that 100% security is not possible.
If You Have a Privacy Question
If you have a privacy question about the DRUNKNMUNKY web site, please email: Customer Service at info@DrunknMunky.com. Or write:
350 Fifth Ave
New York, New York 10118
California Privacy Rights
This supplements the Privacy and Security Policy above.
Beginning January 1, 2005, under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities).
To obtain this information, please send an e-mail message to info@DrunknMunky.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.