Zippo On-Line Privacy Policy, Legal Notices and Terms of Service

Privacy Policy for the ZIPPO Family of Web-Sites

• Copyright Notice
• Trademark Statement
• Request For Reproduction Permissions
• General Terms of Service

ZIPPO TERMS OF USAGE

IMPORTANT! PLEASE READ CAREFULLY. These Terms of Usage including the Privacy Policy, Copyright Notice, Trademark Statement, Request For Reproduction Permissions and General Terms of Service (together the “Terms”) constitute a legal agreement between you and ZIPPO Manufacturing Co. and spell out the terms and conditions to which users of the ZIPPO sites are required to adhere. Please read these carefully before using any of the Sites, because by clicking "I Agree" or by using a Site, you agree to be bound by the terms set forth herein, as well as any supplemental terms of the applicable Site, all of which are hereby incorporated by reference into these Terms of Usage. If you do not agree with or do not wish to be bound by all of the Terms, do not use any of the Sites. We reserve the right to amend these Terms at any time and will post the amended Terms here. Your continued use of any Zippo site following the posting of changes to these Terms will mean you accept those changes.


Applicable Sites

The Terms apply only to the Zippo Manufacturing Co. family of websites (the “Sites”). These include zippo.com; zippohottour.com; zippoclick.com; zippoppd.com; and any other site in which these Terms appear (collectively, referred to herein as “ZIPPO sites”, “the Sites”, “we” or “us”). It does not apply to affiliated websites, products or services or to Zippo Manufacturing Co. itself.


On- Line Privacy Policy for the ZIPPO Family of Web-Sites:

Zippo Manufacturing Company (Zippo) respects the privacy concerns of the users of its Internet Sites ("Sites"), and has created this privacy statement to explain what information we gather from your visit to our Sites, and how such information may be used.

Your Privacy and your Personally Identifiable Information are important to you and to Zippo. We take reasonable efforts to protect any information you give us.

Information is sometimes required for some services or requested from you for a particular use or purpose, which we will inform you about. Your usage of the various Sites determines what information is collected. Any information that you do decide to give us will be used by us to improve your service and provide Zippo related offers to you.

Zippo is a corporation in the United States of America (U.S.A.) and we collect and store any information we collect from you in the U.S.A. Subsidiaries and affiliates may store electronic information outside of the USA or the country in which you live. By using any of our sites you consent to storage and use in the United States and other countries in which we do business, which may be outside of the country in which you live.

Collection and Use of Information: As a general policy no personally identifiable information, such as your name, address or e-mail address, is automatically collected from your visit to Zippo Sites. However, certain non-personal information is recorded by the standard operation of Zippos Internet servers. Information such as the type of browser being used, its operating system, pages you request, the time and date of your requests and your IP address is gathered in order to enhance your online experience.

If you visit our Web sites and wish to register, enter a contest, purchase products, obtain information regarding one of our products or services (e.g. Customer Service), enroll as a member of the Zippo Click Club or request other information such as Customer Service assistance or otherwise communicate with us about our offerings, then we will request some personally identifiable information from you. "Personally Identifiable Information" means any information relating to a natural person that can be used to identify them from that information by reference to an identification number or some other factor specific to identity. The Personally Identifiable Information we collect about you at certain sites can include your name, address, telephone number, e-mail address, credit card number and expiration date, password, preferred E-Commerce dealer, purchase history, IP address, what Web sites visitors come from, which pages are visited at this Web site, and information about online activities that are directly linked to them.

Information submitted at the time of registration or during a submission may be used for marketing and promotional purposes by Zippo and its subsidiaries, and may be shared with our promotional partners for Zippo related matters. Personally identifiable information is never sold or leased to any third parties or allowed to be used for non-Zippo purposes. We may also use your contact information to send you information about our companies. You may always opt-out of receiving future mailings. See the Choice/Opt-out section below.

Our Sites use various order forms for you to request information, products, and services. We collect contact information (such as your name, mailing and/or e-mail address), and when appropriate, financial information (your credit card number) to process your request or purchase. Contact information from an order form is used to fulfill orders, and to provide information about our company to you if requested. The contact information is also used to get in touch with you when necessary regarding your order. Financial information that is collected is used to process your request for products and services, and will not be shared with third parties who are not involved with the transaction. When credit card information is transmitted, we use industry standard, SSL (secure socket layer) encryption. Due to normal legal and auditing requirements, partial credit card information is retained by us in an encrypted form. That information is not shared with any partner or any person unnecessary for legal and auditing purposes. Please see below.

Zippo may disclose your personally identifiable information in special cases when we have reason to believe this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with Zippo’s rights or property, other Zippo web site users, or anyone else that could be harmed by such activities. In addition, Zippo may use personally identifiable information to conduct other legitimate activities, such as protecting the security of its Web sites and it’s networks, guarding against potential liability, engaging in debt collection, responding to a court order or subpoena, preventing fraud, complying with law, and complying with a legally permitted inquiry by a government agency or regulator.

To the extent that any of our Sites have additional or different practices or policies, these practices will be explained at that Site.


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Security: Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Zippo cannot ensure or warrant the security of any information you transmit to us or from our online products or services. All information is stored in a secure location behind a firewall with limited administrative access. However, you transmit information to us at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

For Parents Concerning Privacy: Zippo complies with the Children’s Online Privacy Protection Act.

Use of Cookies: Cookies are pieces of information that a website transfers to an individual's computer hard drive for record keeping purposes. Cookies make using our Sites easier by, among other things, saving your passwords and preferences for you. As an example, we use cookies to keep track of your shopping cart when you visit our online store, and help identify you when you return to the Store. These cookies are restricted for use only on our Sites, and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. (Note: you will need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, some parts of Zippo’s web sites will not function properly or may be considerably slower. For example, without cookies, you will not be able to set personalized preferences or you may have difficulty completing shopping transactions, entering contests, or playing games.

Use of IP Addresses: An IP address is a number that is automatically assigned to your computer by your Internet provider whenever you are surfing the Web. When you request pages from Zippo Sites, our servers log your IP address. Zippo collects IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of our Site. We do not link IP addresses to anything personally identifiable, which means that your session will be logged, but you are anonymous to us. We may use your IP addresses in cooperation with your Internet provider to identify you if we feel it is necessary to enforce compliance with our Terms of Use or to protect our service, Sites, customers, or others.

Links to Other Sites: Zippo is not responsible for the content or practices of third party websites that may be linked to our Sites. Our Sites may also be linked to websites operated by other companies. Visitors to these web sites should refer to each web site's respective privacy policies and practices.

Forums and Chat Areas: Guests of Zippos Sites are solely responsible for the content of messages they post in the forums or chat rooms. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) in the forums or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other people.

Choice/Opt-Out: Our Sites may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. To remove your name from any future communications, follow the specific instructions outlined within the communications you receive. However, if you are unable to complete the process indicated in the communications, send an e-mail to consumerrelations@zippo.com with a copy of the e-mail attached to the request and statement with your desire to be removed from the mailing list.

Contact Us: If you have any questions about this privacy statement, the practices of our Sites, or your dealings with our Sites, contact:

Zippo Manufacturing Customer Care
33 Barbour Street
Bradford PA, 16701
Phone: 814-368-2700
consumerrelations@zippo.com

Information provided by you via general e-mail inquiries to Zippo such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.

To view educational material on consumer privacy, please see http://www.ftc.gov/.



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Copyright Notice

Copyright © 2005 ZIPPO Manufacturing Co, All rights reserved. The material on the Sites may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express written permission of Zippo Manufacturing Co..


Trademark Statement

ZIPPO and the Zippo logo , the ZIPPO lighter shape, the Zippo Flame, ZIPPO FOR REAL, ZIPPO MPL, ZIPPO Hot Tour, the “It Works or We Fix it Free” logo, and the Zippo Click logo are registered trademarks of Zippo Manufacturing Co., Bradford, PA. U.S.A. or its Licensor, ZippMark, Inc., Wilmington, Del. U.S.A., all registered or pending in the U.S. Patent and Trademark Office.


Requesting Reproduction Permissions

No material found or located on the ZIPPO sites may be, downloaded, framed, linked to, copied, reproduced or used in any other way in any media now existing or hereafter created without the prior written permission of Zippo Manufacturing Co. You may write or fax the General Counsel of Zippo Mfg. Co. to seek permission.


Zippo Manufacturing Co.
Attention: General Counsel
33 Barbour Street
Bradford , PA 16701
Fax #: 814-363-2538


ZIPPO GENERAL TERMS OF SERVICE

1. ZIPPO SITES CONTENT AND USER SUBMISSIONS

1.1 The contents of the ZIPPO Sites are intended for the personal, noncommercial use of its users. All materials published on the Sites (including, but not limited to information, articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by ZIPPO or the party credited as the provider of such Content, software or other materials. You must abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Sites.

1.2 The Sites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites in whole or in part.

1.3 Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Zippo Manufacturing Co, or the copyright holder identified in the individual Content’s proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.

1.4 By using any Site you agree that any information, feedback, questions, comments and/or submissions to us, the Sites, any of the Public Forums (as discussed below) or the like (not including “Personal Information” discussed above in the Privacy Policy) that you provide to us in connection with any Site ("Submission") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligation of any kind with respect to any Submission and shall be free to reproduce, use, disclose and/or distribute any Submission for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all ownership or moral rights you may have in any materials uploaded or sent to us by you.

1.5 To enable ZIPPO to use the information you supply to us, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in your information, in any media now known or not currently known, with respect to your information. ZIPPO will only use your information in accordance with our Privacy Policy.

1.6 If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our General Counsel with a written notice (email is sufficient) that includes the following information:

• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• a description of where the material that you claim is infringing is located on the Site;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on this Site is:

By postal mail:
General Counsel
Zippo Mfg. Co.
33 Barbour St .
Bradford , PA 16701

By telephone: 814-368-2700
By fax: 814-363-2538
By email: consumerrelations@zippo.com


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2. FORUMS AND DISCUSSIONS

2.1 The Sites may make available chat rooms, forums, message boards, and/or news groups to its users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use good judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Site are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas concerning Zippo related matters. ZIPPO does not endorse the opinions placed on these Public Forums.

2.2 The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of ZIPPO, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services that are competitive with ZIPPO and the Service.

2.3 While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, ZIPPO reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. ZIPPO reserves the right to revoke a users Site privileges or membership at any time for any reason or no reason.



3. ADDITIONAL TERMS FOR THE ZIPPO CLICK STORE

3.1 In addition to the provisions contained in these Terms, the following terms apply specifically to ZIPPO CLICK, located at http://www.zippoclick.com:

a. By placing an order, you certify that you are able to pay for the item(s) in your order.
b. By placing an order at ZIPPO CLICK you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address). If you place an order for an item on ZIPPO CLICK, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.
c. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of ZIPPO CLICK and your purchase of items.
d. You are responsible for the accuracy of any purchase placed.
e. We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
f. Due to some country laws, we may not be able to ship certain merchandise to your address. For instance, we cannot ship MPLs overseas and certain products can only be sold in certain countries . In addition, products being shipped overseas must: 1) contain the instructions and usage warnings applicable to the country they are being imported into; 2) have appropriate duty and taxes paid; and 3) comply with all local laws. This means that some products can’t be shipped overseas. We reserve the right to refuse shipment of any product for any reason or no reason.
g. We reserve the right to add and/or remove items on ZIPPOCLICK.COM, for any reason, at any time.
h. We reserve the right to limit quantities of items sold.
i. You may not transfer or sell your User ID or account to another party.
j. Unless otherwise stated, all prices are quoted in U.S. Dollars.
k. In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be added by countries outside of the United States.
m. Products available from ZIPPOCLICK.COM may be advertised on third party shopping websites. ZIPPO Mfg. Co. is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on ZIPPOCLICK.COM, including, but not limited to pricing information. In the event that a difference exists, information found on ZIPPOCLICK.COM shall govern.
n. All purchases from ZIPPOCLICK.COM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.

4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

4.1 The Sites may contain links to other Internet sites. Selection of a link will redirect you off of a ZIPPO Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of ZIPPO. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ZIPPO does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.



5. LIMITATION OF LIABILITY

5.1 NEITHER ZIPPO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, OR ANY OF THE MATERIALS PROVIDED BY ZIPPO OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTION OF USE, DELETIONS OF FILES, ERRORS OR DEFECTS IN THE USERS SYSTEM, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ZIPPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

5.2 To the fullest extent permissible under applicable law, Zippo Manufacturing Company aggregate liability, and the aggregate liability of our subsidiaries, affiliates and officers, to you or any third party is limited to One Thousand U.S. Dollars ($1000).



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6. SYSTEM INTEGRITY

6.1 You may not use any device, software, virus or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure relative to your use, which is non-commercial. You may not disclose or share your password with any third parties or use your password for any unauthorized service.



7. TERMINATION

7.1 ZIPPO may, in its sole discretion, terminate or suspend your access or refuse access at any time, without notice, to all or part of any of the Sites for any or no reason, including, without limitation, breach of these Terms or the infringement of copyrights owned by third parties.

7.2 ZIPPO, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any ZIPPO event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any ZIPPO employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a ZIPPO employee or other individual.



8. MISCELLANEOUS

8.1 These Terms have been made in and shall be construed and enforced in accordance with Pennsylvania and Federal law without regard to any conflict of law provisions. ZIPPO makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in McKean County, Pennsylvania or the Federal Courts of the Western District of Pennsylvania.

8.2 Official correspondence must be sent via postal mail to:

Zippo Mfg. Co.
Attention: General Counsel
33 Barbour Street
Bradford , PA 16701

8.3 These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and ZIPPO with respect to your access and use of the Sites and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and ZIPPO with respect to the Sites. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. ZIPPO may assign these Terms (i) to any of its affiliates; (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of ZIPPO; or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.


© 2005 Zippo Manufacturing Co. All rights reserved.

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