Terms and Privacy

By using and/or visiting this website, you signify your acceptance to the Terms and Policies outlined below.

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from Kinkster.NYC or KinksterMAG.NYC (the “Sites”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit AllAboutCookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

  • Communicate with you;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store–you can read more about how Shopify uses your Personal Information.

We also use Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your Personal Information. You can also opt-out of Google Analytics.

We use MailChimp as our marketing automation platform. Read more about their Privacy Policy and Terms.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page.

You can opt out of targeted advertising by using the links below:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. This also applies to any other customer who has visited our website, from any country on Earth.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at info@kinksterbrands.nyc or by mail using the details provided below:

BlackOutEndeavors LLC, dba Kinkster Brands NYC
PO Box 642
New York, NY 10037

TERMS OF SERVICE

OVERVIEW

These terms and policies apply to kinkstermag.nyc and kinkster.nyc (the “Sites” or “Site”) which is offered by BLACKOUTENDEAVORS LLC d/b/a Kinkster Brands NYC a New York Limited Liability Company. By using and/or visiting this site, you signify your acceptance to the Terms and Policies outlined below.

Our site is meant solely for entertainment purposes only. Your use of our Site is permitted solely for your personal, non-commercial use. You agree to never copy or distribute any part of the Site in any medium without prior written authorization from BLACKOUTENDEAVORS LLC. The exception is sharing and posting the Site’s articles through the normal manner to social media (definitely share!). You agree to never alter or modify any part of the Site, other than as may be reasonably necessary to use the Site for its intended purpose. You also agree to comply with the terms and conditions.

You are free to make your own observations and form your own opinions. If you choose to comment, share, or engage with our posts and articles, other users, writers, contributors and/or staff, you agree to do so with respect for others and the Site’s policies. If you do not agree and can’t treat others with respect, do not use this Site.

PHOTO / IMAGE DISCLAIMER

Our Site is geared to gay men and the LGBTQ community. Photos and other images appearing on this site do not imply a person’s sexual orientation or gender identity. Questions about an individual’s sexual orientation or gender identity should be appropriately directed to that individual.

A number of photos were found on open, royalty free, commercial free, public sites.  We do our diligence to provide the proper credit. If a picture is owned by you or shows you and you want it removed from our site, please email us at info@kinksterbrands.nyc. We will then remove the photo from our site once we have confirmed the proper model and/or owner of the photo. It is never our our intention to offend anyone or infringe on any copyright.

THIRD PARTY WEBSITES

Users will find advertising and other content on our Site that link to the sites and services of external suppliers, vendors, advertisers, sponsors, partners, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site.

In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

You expressly relieve BLACKOUTENDEAVORS LLC from any and all liability arising from your use of any third-party websites. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policies of every other website you visit.

CONDITIONS OF USE

THE MATERIALS IN THESE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLACKOUTENDEAVORS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLACKOUTENDEAVORS LLC DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES.

BlackOutEndeavors LLC is not responsible for material submitted to the Sites or posted in chatrooms or on bulletin boards by site users. By communicating with BlackOutEndeavors LLC, however, users grant BlackOutEndeavors LLC permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose BlackOutEndeavors LLC chooses, commercial, public or otherwise, without compensation whatsoever.

Under no circumstances, including but not limited to negligence, will BlackOutEndeavors LLC be liable for special or consequential damages that result from the use or inability to use the materials in this site. In no event shall BlackOutEndeavors LLC’s liability to a user for any loss, damage or claim exceed the amount paid by the user for accessing this site.

The Sites may offer links to, and listings of, various third-party Websites for the convenience of its customers, and, unless otherwise expressly indicated, no affiliation between BlackOutEndeavors LLC and an entity linked to or listed is intended.

Except where indicated, BlackOutEndeavors LLC does not endorse any company or product not offered by BlackOutEndeavors LLC including the advertisers on linked Websites or on the websites of listed entities.

BlackOutEndeavors LLC does not monitor sites linked to and the use of any such link is strictly at the user’s own risk. In no event shall BlackOutEndeavors LLC be liable for special or consequential damages that result from activity occurring on non-BlackOutEndeavors LLC Websites when a user links to such site from its Sites.

LICENSE AND SITE ACCESS

BlackOutEndeavors LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BlackOutEndeavors LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BlackOutEndeavors LLC.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BlackOutEndeavors LLC, or Kinkster.NYC or KinksterMAG.NYC and our affiliates without express written consent.

You may not use any meta tags or any other “hidden text” utilizing our names or trademarks without the express written consent of BlackOutEndeavors LLC. Any unauthorized use terminates the permission or license granted by BlackOutEndeavors LLC.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page so long as the link does not portray Kinkster Brands NYC, Kinkster NYC, Kinkster MAG, or BlackOutEndeavors, or its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

Users agree not to use the site for sale, trade or other commercial purposes. Users may not use language that is threatening, abusive, vulgar, discourteous or criminal. Users also may not post or transmit information or materials that would violate rights of any third party or which contains a virus or other harmful component. BlackOutEndeavors LLC reserves the right to remove or edit any messages or material submitted by users.

YOUR ACCOUNT

If you use these sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the sites only with involvement of a parent or guardian. BlackOutEndeavors LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

YOUR RIGHTS

If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information is corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. This also applies to any other customer who has visited our website, from any country on Earth.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

RISK OF LOSS

All items purchased from the sites 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 to the carrier.

Compliance with children’s online privacy protection act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

CHANGES TO THESE POLICIES

BLACKOUTENDEAVORS LLC has the discretion to update these policies at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review these policies periodically and become aware of modifications.

YOUR ACCEPTANCE OF THESE TERMS AND POLICIES

By using this Site, you signify your acceptance of these policies and terms of service. If you do not agree, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

CONTACTING US

If you have any questions about these policies, the practices of this site, or your dealings with this site, please contact us at:

Kinkster Brands NYC
c/o BlackOutEndeavors LLC
P.O. Box 642
New York, NY 10037

Last updated on May 25, 2018

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