PRIVACY POLICY AND TERMS OF USE

Introduction –  Sparkandhustle.com knows the importance of safe-guarding the personal privacy of its clients, customers and visitors to its websites.  This privacy policy (“Privacy Policy”) details the information that may be collected, how we use your personally identifiable information and how we protect it from inadvertent disclosure.

Terms – This Privacy Policy applies only to websites operated by or on behalf of Tory Johnson Productions and specifically to those websites hyperlinked to this Privacy Policy (the “Sites”).  The references to “we,” “our,” “Tory Johnson Productions” or “sparkandhustle.com” in this Privacy Policy mean Tory Johnson Productions Inc, a New York company, the operator of the sites.  This Privacy Policy does not apply to any non-electronic data collection.

The Sites contain links to the websites of other companies and third parties.  Tory Johnson Productions is not responsible for the content, practices, privacy policies or terms of usage of any third party websites.

As used in this Privacy Policy, “personally identifiable information” means information that can be used to identify an individual, or that contains individually identifying characteristics, such as full name, e-mail address, phone number or credit card information.  “Aggregate information” refers to group information which has been initially provided as personally identifiable information, but can no longer be used to identify an individual due to the removal of all personally identifiable information.

Collection and Use – You can utilize certain functionality of the Sites without providing personally identifiable information.  However, the following require that you provide personally identifiable information:

  • Delivery of merchandise that you purchase online
  • Billing your credit card for purchases
  • Order confirmation
  • Response to customer-service inquiries or requests
  • Communication of special offers and featured items, but only if you choose to receive such notices
  • Product request fulfillment

Tory Johnson Productions does not collect any personally identifiable information from the Sites unless it is provided voluntarily.  We use personally identifiable information only for purposes consistent with the reasons for its provision, such as:

Purchases of Products and Services:  In order to allow you to purchase products or services through the Sites, we collect information associated with your credit card to bill for payment, confirm orders and ship products, including your name, address, phone number and other identifying information reasonably necessary to complete the transaction.

Information Requests:  You may be asked to provide personally identifiable information so that we may respond to your requests for information made through the Sites or its Contact Us link.

General Uses:  Your personally identifiable information will be used as described in the Site where submitted, in accordance with the published legal terms contained in the footer of such Site.  We may also use your personally identifiable information to customize communications with you about products or services, for identity verification, to collect any debts owed, to investigate disputes and for other purposes that may be legally required.

Non-Identifying Information:  Non-identifying information related to operating systems, browsers and linking IP addresses are collected to optimize your interests, preferences and experience on the Sites.  Tory Johnson Productions may collect and share aggregate website statistical information with third parties.  No such shared statistical information will contain any personally identifiable information.

Database Usage:  We may supplement the personally identifiable information collected from you on the Sites with data collected from other sources, including but limited to information provided in person, by phone or by mail. We reserve the right to use third-parties to supplement your personally identifiable information, including change of address, contact and financial information.

Cookies – Text files stored in your web browser, or “Cookies,” allow us to collect information about your use of the Sites.  Cookies are used to recall your personally identifiable information, including user registration, to customize your use of the Sites.  Cookies identify you when you visit our Sites, so you can put items in your shopping cart and place your order.  You need to have Cookies enabled in order to shop online at the Sites.  If you have disabled Cookies in your web browser, you must place your order via phone or email.  (Each browser has its own method of enabling and disabling cookies, so check the “Help” menu of your browser to learn how to change your cookie preferences.)  Cookies are also used aggregately to track user patterns on the Sites to help us improve the user experience.

Control of Information – Tory Johnson Productions may contact you with information concerning products, services or promotions; however, you always have the choice to unsubscribe from such communications.  You may contact us to manage your marketing preferences and to request removal from marketing lists at the address provided below or through “Contact Us” within the Sites.

Additionally, you may communicate your preferences through the Sites as follows (or as otherwise indicated therein):

  • When registering as a Site user, you will be given a choice whether to receive marketing communications.
  • Marketing communications from Tory Johnson Productions will contain an opt-out or unsubscribe mechanism.
  • You may access your specific account profile through the Log-In interface on the Sites, where you can update your personally identifiable information and change your marketing preferences.

If you decide not to receive marketing communications from Tory Johnson Productions, we may continue to use your personally identifiable information in order to communicate with you regarding transactions, product recalls and other information of an informative nature.

Sharing of Information – Tory Johnson Productions will not sell or rent your personally identifiable information to non-affiliated third parties for marketing purposes.  Tory Johnson Productions may share your personally identifiable information with affiliates or representatives with whom Tory Johnson Productions maintains a business relationship.

Tory Johnson Productions may hire third parties to provide services on its behalf, which may entail the use of personally identifiable information.  Such third parties are required to maintain the confidentiality and security of personally identifiable information they receive from Tory Johnson Productions.  They are restricted from using personally identifiable information for any purposes other than those authorized by Tory Johnson Productions.

Again, you may contact us to manage these preferences and to request removal from these affiliate and representative lists at the address provided below or through “Contact Us” within the Sites.

Other than as described above, Tory Johnson Productions will not share your personally identifiable information collected on the Sites with third parties without your permission, except as is reasonably necessary: (i) to complete a transaction, (ii) to respond to a direct inquiry, (iii) to register you for communications and promotions that you request, (iv) to comply with any federal, state or local law, court order or proceeding that is legal in nature; or (v) to enforce an agreement with you, to protect the interests of Tory Johnson Productions, its affiliates or representatives with whom Tory Johnson Productions maintains a business relationship, or as is otherwise permitted or compelled by law.

In the event of a transfer, sale, merger, reorganization or other similar transaction involving Tory Johnson Productions, your personally identifiable information may be transferred to the acquiring company or resulting entity.

SSL Encryption – When you submit personally identifiable information through our Sites, including credit card information, the data is transmitted using secure sockets layer (SSL) encryption technology.  Credit card details are stored encrypted using AES-256 encryption.  We are Level 1 Payment Card Industry Data Security Standards (“PCI-DSS”) compliant; we follow PCI-DSS requirements and implement generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it.  However, no electronic data transmission can be guaranteed as 100% secure.  While Tory Johnson Productions strives to protect your personally identifiable information during transmission, we do not warrant the security of any information you transmit to us or receive from us.

Unsolicited Submissions – Communications or suggestions made by you through the Sites which are not by their nature intended to be confidential, shall be deemed to be non-confidential.  Tory Johnson Productions will have no obligation of any kind with respect to such communications and shall be free to use and distribute them to others without limitation, including, but not limited to, their use for marketing purposes.

Contact Us – If you have any questions or comments about this Privacy Policy or your personally identifiable information, you may contact us via email at info@toryjohnson.com or by U.S. mail to Tory Johnson Productions, 155 W. 72nd St. New York, NY 10023.

Acceptance of this Privacy Policy – By using the Sites, you give your unqualified acceptance of this Privacy Policy, and you agree to be bound by the terms and conditions posted on the Sites under “Privacy Policy” and “Terms of Use.”  If you do not agree with the terms of this Privacy Policy or the Terms of Use, please do not access the Sites or submit any personally identifiable information to us through our Sites.

Changes – Tory Johnson Productions reserves the right to update, change or modify this Privacy Policy at any time, and the version of this policy which is applicable to your use of the Sites is the version that appears in the Site footers when they are accessed.  Changes to this Privacy Policy will be posted here and/or on our Sites.

TERMS OF USE

Introduction – Thank you for visiting the sparkandhustle.com website (the “Site”).  Please note that the products and services ToryJohnson.com provides through the Site are subject to the following Terms of Use, an agreement between you and Tory Johnson Productions.  These Terms of Use apply only to websites operated by or on behalf of Tory Johnson Productions and specifically to those websites hyperlinked to these Terms of Use (the “Sites”).  The references to “sparkandhustle.com,” “Tory Johnson Productions” “we” or “our” in these Terms of Use mean Tory Johnson Productions, Inc.

Acceptance – These Terms of Use govern your use of the Sites.  Please review the information carefully. By using the Sites, you agree that you have read, understand, accept, and will be bound by these Terms of Use, and you specifically agree not to use the Sites in violation hereof.

The Sites are intended for use only by citizens of the United States, eighteen (18) years of age or older, who have the capacity to enter into a valid agreement.  By accessing the Sites, you represent you meet these qualifications. Tory Johnson Productions reserves the right to change, update or modify any part of the Sites, including these Terms of Use or its Privacy Policy, at any time without notice.

Accuracy – Tory Johnson Productions offers the Sites, the products, services and information contained therein, in order to meet the needs of its customers.  Tory Johnson Productions strives to provide you with accurate, current information about its products and services.  Despite these efforts, sometimes inaccuracies within the Sites may occur.  For this reason, it is advisable to contact us directly to confirm the accuracy of the contents of the Sites prior to any purchase.  Additionally, Tory Johnson Productions reserves the right to change its pricing, guarantees and warranties without notice.

Finally, you understand and agree that the information provided on this Site is advertising only and in no way constitutes an offer for the sale of goods or to provide a service until such transaction is confirmed by Tory Johnson Productions.  Therefore, to the extent permitted by law, Tory Johnson Productions shall not be responsible for errors found on its Sites, including but not limited to, pricing errors or incorrect specifications of any products or services we offer for sale through the Sites.

Ownership of this Site – The Sites are owned solely and exclusively by Tory Johnson Productions.  You acknowledge and agree that the contents and materials made available on this Site are protected by copyrights, trademarks, patents, and/or other intellectual property rights and laws.  All software and applications accessed within the Sites are the property of Tory Johnson Productions or used by Tory Johnson Productions under license.  Tory Johnson Productions hereby grants you a limited, non-exclusive license to access the Sites for your personal use only; you may not sub-license or assign this limited, non-exclusive license.  Use of the Sites does not grant you a license to use any part of a Site’s contents for any purpose, commercial or otherwise, beyond the limited, non-exclusive license granted above.  The license does allow you to resell any portion of the Site, its contents or the products and services offered on sparkandhustle.com.  The license does not allow any derivative use of the Sites, or any downloading or copying of content or information for the benefit of any third-party.  You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any portion of the Sites.  You may not copy, create derivative works from, license or publish any part of the Sites.  You may not use any hidden text, meta-tags or any other linking mechanism which incorporates the intellectual property of Tory Johnson Productions without its express written consent.  Finally, linking, framing, packet sniffing, search engine index spamming, automatic or semi-automatic data-mining, or the use of a device or mechanism of any kind to monitor, penetrate or hack the Sites is strictly prohibited.

Intellectual Property – Tory Johnson Productions owns the trademarks and service marks that appear within the Sites which refer to Tory Johnson Productions or which create a connection to Tory Johnson Productions with its customers and the public.  Any unauthorized use of Tory Johnson Productions intellectual property will be prosecuted.  Trademarks not owned by Tory Johnson Productions that appear on the Sites are property of their respective owners, who may or may not have a business relationship with Tory Johnson Productions.  Tory Johnson Productions makes no representations or warranties of any kind through the appearance of such third party marks.

LIMITATION OF LIABILITY – YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Tory Johnson Productions, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, DATA OR OTHER LOSSES (EVEN IF Tory Johnson Productions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE COST OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR PERSONALLY IDENTIFIABLE INFORMATION; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ACCESSED THROUGH THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES.

Personally Identifiable Information – Information submitted to Tory Johnson Productions through the Sites is the property of Tory Johnson Productions.  Use of Personally Identifiable Information shall be in accordance with these Terms of Use and our Privacy Policy.  We maintain strict physical, electronic and administrative safeguards to protect your personally identifiable.  We restrict access to this information by employees to the extent necessary to still respond to your requests or inquiries, or to complete a transaction with you.  Please see our Privacy Policy for additional information.

Links – The Sites contain links to third party websites not affiliated with Tory Johnson Productions.  Tory Johnson Productions makes no representations about the content of these websites, the website owners and any subsequent links.  Tory Johnson Productions makes no representations about their accuracy or legal compliance.  Tory Johnson Productions makes no endorsement of any kind by presenting such links within the Sites.  You assume all risks associated with linking to such websites from the Sites, including loss and damages that are direct, indirect, special or consequential in nature.

Jurisdiction – These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of New York.

By using the Sites you consent and submit to the jurisdiction of these courts for the purposes of litigating any such action.

Violations of the Terms of Use – In the event you violate any part of these Terms of Use, Tory Johnson Productions may terminate your access to the Sites immediately and without notice.  However, our decision not to terminate access has no binding effect.  Finally, Tory Johnson Productions  may pursue a civil lawsuit or aid law enforcement in a criminal prosecution for any illegal activities involving use of these Sites.  This may include the use of your personally identifiable information.

Indemnification – By using the Sites you agree to indemnify and hold harmless Tory Johnson Productions, its affiliates, respective officers, directors, agents, servants and employees of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever (including reasonable attorneys’ fees and costs), related to your use of the Sites, including but not limited to claims for negligent acts, errors or omissions, and/or breach of warranty, express or implied, that may be sustained by Tory Johnson Productions.

Severability – In the event any parts of this Terms of Use are found unenforceable, the remainder shall continue in full force and effect.  These Terms of Use represent the entire agreement governing your use of the Sites.

DMCA Notice – Tory Johnson Productions will respond appropriately to legitimate claims of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (the “DMCA”).  If you believe a copyright in your work has been infringed by an improper posting within the Sites, please send us written notice pursuant to the DMCA at Contact Us at info@toryjohnson.com. or by U.S. mail to Tory Johnson Productions, 155 W. 72nd St. Suite 403, New York, NY 10023.