DIDDAMS PRIVACY POLICY

Diddams.com understands that you want to know how information about you is used and shared and knows the importance of protecting your credit card information. This Privacy/Security Policy describes the Diddams.com policy for online customer privacy and security. By visiting or using Diddams.com, you are accepting the terms described in this policy. We may modify or add to this policy from time to time, so we encourage you to review it periodically for updates.

Credit Card and Personal Information Security. Diddams.com takes reasonable steps to protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Shopping with Diddams.com is 100% secure – guaranteed! Security of your credit card and other payment information is important to us. All of your purchases are processed through PayPal.

Information You Provide. Diddams.com receives stores and uses the information you provide us. You provide us with your name, address, phone number, email address, credit card information and other information when you do such things as place an order, enter a contest or giveaway, sign up for promotional emails, request a catalog or make use of other aspects of our website. That information is used to communicate with you, process your order, administer contests or giveaways, provide catalogs or provide other information that you request, collect payment for products and services you purchase, respond to your questions, customize your shopping experience and otherwise with your consent or as permitted and required by law. We may also use this information to send you information about other products and services that you may be interested in.

Cookies and Links.”Cookies” are programs we transfer to your hard drive which are alphanumeric identifiers. We use your Internet Protocol (IP) address so that our systems recognize your browser in order to help us diagnose problems and to administer our website. For example, our site uses cookies to keep track of your shopping cart and order history. We also use cookies to collect information that will educate us on such things as search engine referral, how you navigate within our website, responses to email, unique visitor identification, and product browsing and purchasing information. Such information may assist us in better understanding your interests in our website and how to better serve those interests and provide you with more personalized product offerings. The Diddams.com website may contain links to other websites that are not directly operated by Diddams Party & Toy Store. These linked websites are not subject to this privacy policy. We encourage you to review the privacy policies of any linked websites for more information about the privacy practices of such sites.

E-mail Addresses. We do not rent, share, or exchange our customers’ email addresses (except as described in paragraph 6 below), but we do use these addresses for our own promotional email marketing. You can opt out of receiving promotional emails anytime. Instructions on how to opt out are included in every promotional email.

Information from Other Sources. To the extent permitted by law, we may also receive information about you from other sources and add it to our account information. For example, we sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more efficiently.

Sharing Information. Except as noted above, we may share information about our customers in a variety of ways. We share customer information among the businesses affiliated with Diddams.com. We may share customer information with merchants whose websites link with ours. We may also employ other businesses or consultants to perform functions such as sending mail or e-mail, analyzing data and customer lists, processing accounts receivable, marketing or other functions. In those situations, third parties will have access to customer information for the purpose of performing their functions. Though we do not rent, share or exchange customer email addresses in the ordinary course of business, we may sell, transfer or assign customer information in connection with a merger, consolidation, sale of assets or similar business transaction. We may disclose your personal information to a third party advertising partner and its service providers. The information we disclose may include your transactional information with us. Our advertising partner makes the data we provide anonymous and does not use your personal information such as your name, address, and email address to deliver advertising to you that is tailored to your interests.

Children. Diddams.com does not sell products for purchase by children. Although we sell products intended for use by children, those products are intended for purchase by adults. If you are under 18, you may use Diddams.com only with permission of or supervision by a parent or guardian. Diddams recognizes the need to provide additional privacy protection to children. Children 12-years-old and younger may visit Diddams.com without disclosing any personally identifiable information. However, it is sometimes necessary to collect some personally identifiable information about children in order to allow them to use a feature of our site (like joining the Diddams Birthday Club). In addition, be aware that all sites that are targeted to children 12 and younger are prohibited by law from collecting more information than they need. Only a parent or guardian may register a child 12 or younger for the Diddams Birthday Club. When a parent registers a child for the Birthday Club, we request the child’s name, date of birth and parent’s e-mail address. We collect this information in order to verify the child’s age, send personalized Birthday Club emails, and provide other Birthday Club benefits (such as promotions and special offers). Parents may review and edit this information at any time by going to their Birthday Club account on Diddams.com. Parents may request at any time that we delete information about their children from our databases. If you would like to deactivate your child’s Birthday Club account, please visit your account and remove your child from the registration list.

Privacy Policy

Last updated: 2020-11-12 11:11:53

We value your privacy very highly. Please read this Privacy Policy carefully before using the https://diddams.com Website (the "Website") operated by Diddams Party & Toy, a(n) Corporation formed in California, United States ("us," "we," "our") as this Privacy Policy contains important information regarding your privacy and how we may use the information we collect about you.

Your access to and use of the Website is conditional upon your acceptance of and compliance with this Privacy Policy. This Privacy Policy applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by this Privacy Policy. If you disagree with any part of the Privacy Policy, then you do not have our permission to access or use the Website.

With whom we share your personal information

We do not share your personal information with any third parties.

Sale of your information

We do not sell your personal information.

Cookies

A cookie is a small piece of data sent from a website and stored on your computer by your web browser. The file is added once you agree to store cookies on your computer or device, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow sites to respond to you as an individual. The Website can also tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.

This Website collects cookies and may use cookies for reasons including, but not limited to:

Analyze our web traffic using an analytics package;

Identify if you are signed in to the Website;

Test content on the Website;

Store information about your preferences;

Recognize when you return to the Website.

Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. This setting may prevent you from taking full advantage of the Website.

Children's privacy

This Website is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond to that child to inform him or her that they cannot use this Website. We do not sell the personal information of minors under the age of 16.

Analytics programs

This Website uses Google Analytics to collect information about you and your behaviors. If you would like to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/.

Your rights

Depending upon where you reside, you may have the following rights with regard to your personal information:

Right Applies To

The right to access your information. Residents of California only

The right to know whether your personal information is sold or disclosed and to whom. Residents of California only

The right to say no to the sale of your personal information. Residents of California and Nevada only

The right to request that we delete all or some of the personal information that we have collected on you. Residents of California only

The right to equal service and price, even if you exercise your privacy rights. Residents of California only

Exercising your rights

You may exercise the rights specified above by submitting a consumer request to:

We will need to verify your identity prior to effectuating your request. To verify your identity, you will need to provide us with the following information with your request:

Name;

Postal / Shipping address;

Billing address;

Phone number;

Email address.

Please note that we may be unable to process your request if you do not provide us with the above information.

Third-party websites

This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. It is up to you to read and fully understand their Privacy Policies. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Do Not Track

Do Not Track is a preference you can set on your browser to inform websites that you do not want to be tracked. We do not support Do Not Track ("DNT"). You can either enable or disable Do Not Track by visiting the Preferences or Settings page of your browser.

Changes to Privacy Policy

We reserve the right to amend this Privacy Policy at any time. We will notify you of any changes to this Privacy Policy by posting the updated privacy policy to this website or application.

Questions

If you have any questions about this Privacy Policy, please contact us at help@diddams.com.

TERMS OF USE

These Terms of Use govern your use of this website, your relationship with us and any orders you submit. Please read them carefully.

1. Privacy. Please read our privacy policies. They also govern your use of this website and our use of information and data.
2. Electronic Communications. When you visit diddams.com, send us emails or visit the website, you are communicating with us electronically and consent to receive communications from us electronically. We may communicate with you by email, text, facsimile or by posting notices on this website. You agree that all notices, disclosures, agreements or other communications we provide electronically satisfy any legal requirement that such communications be in writing.
3. Intellectual Property. DIDDAMS and other marks indicated on our site are trademarks of Diddams Party & Toy Store. All content on this website, including, without limitation, the text, graphics, website design, icons, and images, is the property of or licensed to Diddams Party & Toy Store. Diddams Party & Toy Store grants you a limited license to make personal use of this website. The license permits you to download and save a single copy of pages on this website for your own personal and non-commercial use, but any other reproduction, copying, modification, redistribution, or republication of any of the content of this website in any manner without the express written consent of Diddams Party & Toy Store is strictly prohibited. You are also prohibited from using this website or any content for any resale or commercial purpose or any exploitation of any part of the content of this website for the benefit of any other merchant.
4. Acceptance and Delivery. We shall not be responsible for any delay in our performance beyond our control or beyond the control of our suppliers. The parties agree that, unless otherwise agreed to in writing and signed by both parties, shipping dates are approximate and that time is not of the essence. Our acceptance of any order from you is expressly conditional upon your assent to the terms and conditions set forth herein and we expressly limits our acceptance of your order to such terms and conditions and any additional or different terms proposed by you, whether oral, written or electronic are expressly rejected. Notwithstanding any other quoted delivery time, we shall ship merchandise ordered by you within 180 days or cancel the order for such merchandise. Unless and until you cancel an order, you consent to the backorder or delay in shipping of merchandise of up to 180 days. If an item is backordered, you may cancel such order at any time by providing notice of cancelation to us.
5. Payment Terms. Payment is made through PayPal. You can view their security policies and terms of service here.
6. Warranty and Risk of Loss. We shall, at our election, either repair, replace, or refund the purchase price, exclusive of shipping and handling charges, for any merchandise which is defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise. When making such a claim, you must submit both the original packing slip and the defective merchandise itself (or a sample thereof), unless these conditions are waived by us in writing. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof. Any refund for merchandise shall not include shipping and handling, unless otherwise agreed by us in writing. At our discretion, we may charge a restocking fee, not to exceed twenty-five percent (25%) for returned merchandise. Title to the merchandise passes to you at and you bear all risk of loss from the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether we pay freight. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR WITH RESPECT TO ANY APPROVALS, CHARACTERISTICS, CERTIFICATIONS, INGREDIENTS, BENEFITS, USES, STANDARDS, QUALITY OR GRADE OF ANY MERCHANDISE, OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY, MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED, EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN THIS CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY US AND IS IN LIEU OF ALL OTHER WARRANTIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. OUR AGGREGATE LIABILITY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.
7. Product Descriptions. We periodically add, change, modify and update out catalogs and website, including without limitation these Terms and Conditions. We try to be as accurate as possible, but make no warranties or representations that (a) the content, including product descriptions, prices and depictions, are accurate, complete, reliable, current or error-free, (b) any merchandise has any particular approvals, certifications, characteristics, uses, ingredients, or benefits, or (c) any merchandise is of or meets any particular standard, certification, quality or grade, we assume no liability with respect to any of the forgoing. If a product purchased is not as described or expected, your sole remedy is to return it in unused condition.
8. Nonwaiver of Defaults. Each shipment made under any order shall be treated as a separate transaction, but in the event of any default by you, we may decline to make further shipments without in any way affecting our rights under such order. If, despite a default by you, we elect to continue to make shipments, or accept further orders from you, such action(s) shall not constitute a waiver of any default by you, or in any way affect our legal or equitable remedies for any such default, or of any default at any prior or subsequent time. Any refund, credit, gift certificate or discount due you may be offset against amounts owed to us.
9. Dispute Resolution. You agree that any action brought by you to resolve any claim, dispute or controversy of any nature arising out of or related to any order or transaction between you and us or any merchandise sold or distributed by us or any policy, statement, representation, advertisement, promotion, offer, customer information of ours, or these Terms of Use shall be brought in a court of competent jurisdiction in Mountain View, California and you hereby consent to the exclusive jurisdiction of such courts. All such claims, disputes or controversies shall be resolved individually and not as part of any class action or class arbitration and the right to commence or participate in any class proceedings is specifically waived by you.
10. Personalized Product. If the order includes personalization of product or the printing or other reproduction of trademarks, service marks, trade names, logos, messages or business symbols (“Marks”), you hereby grant to us the non-exclusive right and license to use such Marks on the products and to cause the products to be produced with the Marks. You further grant permission and consent to our use of a photograph or other likeness of the finished products for purposes of advertising or promoting our business relating to such personalization production work and merchandise sales. We shall have no right, title or other interest in the Marks except as expressly granted herein. You represent and warrant that you own the Marks and are authorized to license the Marks to us. You agree to indemnify and hold harmless us from any loss, liability, damage, claims, demands, actions, costs or expense of any nature (including attorney fees) arising out of or in any manner connected with your or our use of the Marks. We reserve the right to reject or rescind any order for personalized product in our sole discretion.
11. Compliance with Laws and Indemnification. You agree to provide us with written notice prior to placing any order if you intend to distribute any product into the state of California and acknowledge and agree that any such distribution of product into the state of California may require appropriate Proposition 65 (Title 22 of the California Code of Regulations) warning labels. If you fail to provide such notice or fail to provide appropriate Proposition 65 warnings and distribute any product into the state of California, you agree to indemnify, defend and hold us harmless from and against any and all costs, damages, liability and expenses (including attorney fees) arising out of any alleged Proposition 65 violations. In addition, if you intend to resell, distribute or export any product, you agree to bear all responsibility for compliance with the laws, rules and regulations of the jurisdiction in which the product is resold or to which the product is distributed or exported, and you agree to indemnify, defend and hold us harmless from and against any and all costs, damages, liability, fines, penalties and expenses (including attorney fees) arising out of any such resale, distribution or exportation.
12. Electronic Communications. WHEN YOU PROVIDE US WITH YOUR EMAIL ADDRESS OR TELEPHONE NUMBER, SEND US EMAILS OR VISIT OUR WEBSITE OR SOCIAL MEDIA CHANNELS, YOU ARE COMMUNICATING WITH US ELECTRONICALLY AND CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY. WE MAY COMMUNICATE WITH YOU BY TELEPHONE, EMAIL, TEXT, FACSIMILE, SOCIAL MEDIA OR BY POSTING NOTICES ON OUR WEBSITE. YOU EXPRESSLY CONSENT TO RECEIVE ANY SUCH COMMUNICATIONS AND AUTHORIZE US TO DELIVER OR CAUSE TO BE DELIVERED ADVERTISEMENTS OR TELEPHONE MESSAGES USING AUTOMATIC DIALING SYSTEMS OR PRERECORDED VOICE TO THE TELEPHONE NUMBERS YOU PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS BASED ON SUCH COMMUNICATIONS. YOU AGREE THAT ALL NOTICES, DISCLOSURES, AGREEMENTS OR OTHER COMMUNICATIONS WE PROVIDE ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
13. International Trade. If you are purchasing merchandise for delivery or importation to a country other than the United States, you are solely responsible for and will comply with all applicable laws, rules, regulations, and treaties of the United States and the jurisdiction of the destination of the merchandise in connection with the transportation, exportation, importation, delivery, distribution and resale of the merchandise. You are also solely responsible for and shall obtain all certifications, declarations, accreditations, registrations, tests, licenses, permits, inspections, or similar requirements of any jurisdiction of the destination of the merchandise and shall bear all costs and expenses related thereto and shall bear all costs and expenses relating to any taxes, duties, levees, or assessments associated with the transportation, exportation, and importation of the merchandise. We make no representations or warranties with respect to the foregoing or that the merchandise is suitable for or will comply with applicable laws of any jurisdiction.
14. Miscellaneous. No amendment, modification or addition to these terms and conditions shall be binding unless expressly agreed to in writing and signed by us. These terms and conditions shall be binding upon you, your permitted successors and assigns, and shall inure to the benefit of us. Any waiver by us of any part herein shall not constitute a waiver of any other part. These terms and conditions shall be construed under and governed by the substantive laws and not the choice of law rules of the state of California. You consent to and agree that any state or federal court in Mountain View, California shall have personal and subject matter jurisdiction over you and this Agreement; that California has the most significant contacts with this Agreement, to the exclusion of any other state; and that any legal dispute brought by either you or us relating to this Agreement will be instituted in Mountain View, California. You expressly consent and agree to receive communications regarding any order or transaction from us by electronic mail and facsimile.