PRIVACY POLICY2018-11-19T15:43:28+00:00
Effective Date: May 11, 2016

Blacksmith International LLC. (“Blacksmith”) provides this Privacy Policy to let you know our policies and procedures regarding the collection, use and disclosure of information through www.blacksmithint.com(the “Site”), and any other websites, features, applications, widgets or online services that are owned or controlled by Blacksmith and that post a link to this Privacy Policy (together with the Site, the “Service”), as well as any information Blacksmith collects offline in connection with the Service. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. Note that we combine the information we collect from you from the Site, through the Service generally, or offline.
By accessing or using the Service, you consent to the information collection, disclosure and use practices described in this Privacy Policy. Please note that certain features or services referenced in this Privacy Policy may not be offered on the Service at all times. Please also review our Terms of Service, which governs your use of the Service, and which is accessible at https://www.Blacksmith.com/legal/terms/.

INFORMATION COLLECTION

Information You Provide to Us

Personal Information: In the course of using the Service, we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information include your name, email address, postal address and phone number.
General Audience Service: The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that Blacksmith has collected Personal Information from your child, please contact us at: infobBlacksmith.com.
Non-Identifying Information/Usernames: We also may collect other information, such as zip codes, demographic data, information regarding your use of the Service, and general project-related data (“Non-Identifying Information”). We may aggregate information collected from Blacksmith registered and non-registered users (“Blacksmith Users”). We consider usernames to be Non-Identifying Information. Usernames are made public through the Service and are viewable by other Blacksmith Users.
In some cases, we may render Personal Information (generally, email address) into a form of Non-Identifying Information referred to in this Privacy Policy as “Hashed Information.” This is typically accomplished using a mathematical process (commonly known as a hash function) to convert information into a code. The code does not identify you directly, but it may be used to connect your activity and interests.
Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but Blacksmith will treat the combined information as Personal Information.
Collection of the Third Party Personal Information: We collect the following personal information from you about your contacts or friends: First, last name and email address when you provide it to us for the purpose of adding your contacts to a message room.
Information Received from Third Parties

We also may receive information about you from third parties. For example, we may supplement the information we collect with outside records or third parties may provide information in connection with a co-marketing agreement or at your request (such as if you choose to sign in with a third-party service). If we combine the information we receive from others with information we collect through the Service, we will treat the combined information as described in this Privacy Policy.

Information Collected from Users Automatically

We and our third party service providers, including analytics and third party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and site functionality.

The information we collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service.

The technology used to collect information automatically from Blacksmith Users may include the following:

Cookies: Like many websites, we and our marketing partners, affiliates, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the Blacksmith Terms of Service) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how Blacksmith Users interact with the Service and to monitor aggregate usage by Blacksmith Users and web traffic routing on the Service). You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Service.
Web Beacons: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how Blacksmith Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
Embedded Scripts: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.
In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.

USE AND RETENTION OF INFORMATION

WE USE INFORMATION WE COLLECT:

To provide and improve the Service, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid and for compliance and internal business purposes;
To contact you with administrative communications and Blacksmith newsletters, marketing or promotional materials (on behalf of Blacksmith or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the Your Choices and Opting Out section, below;
To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online;
To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent;
To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Blacksmith or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Blacksmith Users; and
For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.
UNLESS YOU REQUEST THAT WE DELETE CERTAIN INFORMATION (SEE CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT BELOW), WE RETAIN THE INFORMATION WE COLLECT FOR AT LEAST 5 YEARS AND MAY RETAIN THE INFORMATION FOR AS LONG AS NEEDED FOR OUR BUSINESS AND LEGAL PURPOSES.

WE USE INFORMATION WE COLLECT:

To provide and improve the Service, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid and for compliance and internal business purposes;
To contact you with administrative communications and Blacksmith newsletters, marketing or promotional materials (on behalf of Blacksmith or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the Your Choices and Opting Out section, below;
To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online;
To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent;
To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Blacksmith or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Blacksmith Users; and
For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.
UNLESS YOU REQUEST THAT WE DELETE CERTAIN INFORMATION (SEE CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT BELOW), WE RETAIN THE INFORMATION WE COLLECT FOR AT LEAST 5 YEARS AND MAY RETAIN THE INFORMATION FOR AS LONG AS NEEDED FOR OUR BUSINESS AND LEGAL PURPOSES.

INFORMATION SHARING AND DISCLOSURE

We may share aggregated Non-Identifying Information and we may otherwise disclose Non-Identifying Information (including, without limitation, Hashed Information) to third parties. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless we first provide you with the opportunity to opt-in to or opt-out of such sharing. We may also share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as otherwise described in this Privacy Policy, or in the following circumstances:
Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and improvement of Blacksmith’s features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
What Happens If You Agree to Receive Information From Third Parties or Request That We Share Your Information: You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your Personal Information shared, your Personal Information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of an SNS or similar interactive feature or third party application, that we share information about you with a third party and we will typically do so under those circumstances.
Legal and Investigative Purposes: Blacksmith will share information with government agencies as required by law, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of Blacksmith or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Blacksmith Users, and may do so in cooperation with third parties at our discretion.
Internal and Business Transfers: Blacksmith may share information, including Personal Information, with its subsidiaries, and affiliates, primarily for business and operational purposes. We may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Sweepstakes, Contests and Promotions: We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Blacksmith does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Blogs: The Service may provide you the opportunity to participate and post content publicly on blogs (“Blog”). You may choose, through such features or otherwise, to submit or post questions, comments, or other content (collectively, “Blog Content”). Please note that certain information, such as your name and Profile may be publicly displayed on the Service along with your Blog Content. Please note that your use of our Blogs is subject to the Blacksmith Blog Rules and our Terms of Service.

Note that anything you post to a Blog is public — others will have access to your Blog Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information in your Blog Content or use Blogs to link to your Profile, that information will be considered public information and the protections of this Privacy Policy will not apply.

To request removal of your personal information from our blog, contact us at https://support.blacksmith.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Testimonials: We display personal testimonials of satisfied customers in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at support@blacksmithint.com.

Feedback: We collect feedback from Blacksmith Users about their experience with other Blacksmith Users of our Service. Please note that any feedback you provide via the Service or feedback provided about you is publicly viewable via the Service. On very rare occasions, we may remove feedback pursuant to the relevant provisions of our Terms of Service, including the Terms of Use.

Social Networking Services: You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, LinkedIn and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to create your account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and Blacksmith is not responsible for it.

The Blacksmith Service also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties.

You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating Blacksmith to pay any fees or making Blacksmith subject to any usage limitations imposed by such SNS. If your SNS account terminates, then functions enabled through the link between your Blacksmith account and your SNS account will terminate as well.

THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND SIMILAR THIRD PARTIES

Blacksmith works with (or may in the future work with) network advertisers, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to serve our advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Service and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Service as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and web beacons), and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Service or other online websites and services. We may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to us.

While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. You may also opt-out by clicking here (or if located in the European Union click here). Please note that opting out through these mechanisms does not opt you out of being served advertising, and you will continue to receive generic ads while online.

YOUR CHOICES AND OPTING OUT

Blacksmith Users may update their choices regarding the types of communications you receive from us by emailing support@blacksmithint.com. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. You may opt-out of receiving text messages by replying “STOP” to any text message received. Registered Blacksmith Users who access the Service by using a Blacksmith mobile application may, with permission, receive push notifications. Similarly, registered Blacksmith Users who access the Service by using certain desktop browsers may, with permission, receive push notifications. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser.

CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information, and you must update any changes through your online account. If you request to access all personal information you’ve submitted, we will respond to your request to access within 30 days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Service. If you wish for us to completely delete your account details, we will use commercially reasonable efforts to honor your request. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor Blacksmith can delete all copies of information that has been previously shared with others on the Service.

SECURITY

Blacksmith takes commercially reasonable steps to help protect and secure the information it collects and stores about Blacksmith Users. All access to the Site is encrypted using industry-standard transport layer security technology (TLS). When you enter sensitive information we encrypt the transmission of that information using secure socket layer technology (SSL). But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal data, Blacksmith cannot ensure and does not warrant the security of any information you transmit to us.

INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

Blacksmith is a United States company. If you are located outside the United States and choose to provide information to us, Blacksmith transfers Personal Information to the United States for processing. The U.S. may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the U.S., we will protect it as described in this Privacy Policy. By visiting the Service, or providing Blacksmith with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States.

PUBLIC PROFILE
The profile you create on our site will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal.

PHISHING

Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to Blacksmith. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be Blacksmith, please report it at support@blacksmithint.com.

CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply, as Blacksmith does, by disclosing in its privacy policy that it provides consumers choice (opt-in or opt-out) regarding sharing Personal Information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, Blacksmith provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time Blacksmith offers that choice, Blacksmith does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: support@blacksmithint.com or write to us at the following mailing address:

Blacksmith
Attn: Legal
3244 Homestead Rd
Park City, Utah 84098

You must put the statement “Your California Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

CHANGES TO THIS POLICY

Blacksmith may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will display a notice through the Services prior to the change becoming effective. We may also notify you by email, in our discretion. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.

CONTACTING US

If you have any questions about this Privacy Policy, please contact us at support@blacksmithint.com; or by mail addressed to Blacksmith, Attn: Legal, 3244 Homestead Rd, Park City, UT 84098

Terms of Service


These terms and conditions govern your use of www.blacksmithint.com (blacksmithint.com); by using blacksmithint.com, you accept these terms and conditions in full.

Blacksmithint.com uses cookies. By using blacksmithint.com and agreeing to these terms and conditions, you consent to Blacksmith International, LLC (BSI)’s use of cookies in accordance with the terms of BSI’s privacy policy.

License to use blacksmithint.com

Unless otherwise stated, BSI and/or its licensors own the intellectual property rights in blacksmithint.com and material on blacksmithint.com. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from blacksmithint.com for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from blacksmithint.com without the written permission of BSI’S express written consent.
sell, rent or sub-license material from blacksmithint.com.
redistribute material from blacksmithint.com without attribution to BSI.

Acceptable use

You must not use blacksmithint.com in any way that causes, or may cause, damage to blacksmithint.com or impairment of the availability or accessibility of blacksmithint.com; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use blacksmithint.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to blacksmithint.com without BSI’S express written consent.

You must not use blacksmithint.com to transmit or send unsolicited commercial communications.

You must not use blacksmithint.com for any purposes related to marketing without BSI’S express written consent.

Restricted access

Access to certain areas of blacksmithint.com is restricted. BSI reserves the right to restrict access to any area of blacksmithint.com.

BSI may give you (User) a unique username and password (Credentials) in order to access restricted areas, User must use all reasonable efforts to keep Credentials confidential. BSI is not responsible for unauthorized use of Credentials.

BSI may disable User Credentials at BSI’S sole discretion without notice or explanation.

BSI will make its best efforts to provide 24-hour access to blacksmithint.com, including restricted areas, but makes no warranties or representations that blacksmithint.com will be available at all times. User acknowledges that from time to time access may be limited or unavailable.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to blacksmithint.com, for whatever purpose.

You grant to BSI a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to BSI the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or BSI or a third party (in each case under any applicable law).

You must not submit any user content to blacksmithint.com that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

BSI reserves the right to edit or remove any material submitted to blacksmithint.com, or stored on BSI’s servers, or hosted or published upon blacksmithint.com.

Notwithstanding BSI’s rights under these terms and conditions in relation to user content, BSI does not undertake to monitor the submission of such content to, or the publication of such content on, blacksmithint.com.

No warranties

Blacksmithint.com is provided “as is” without any representations or warranties, express or implied. BSI makes no representations or warranties in relation to blacksmithint.com or the information and materials provided on blacksmithint.com.

Without prejudice to the generality of the foregoing paragraph, BSI does not warrant that:

blacksmithint.com will be constantly available, or available at all; or
the information on blacksmithint.com is complete, true, accurate or non-misleading.

Limitations of liability

BSI will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, blacksmithint.com:

to the extent that blacksmithint.com is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if BSI has been expressly advised of the potential loss.

Exceptions

Nothing in blacksmithint.com disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in blacksmithint.com disclaimer will exclude or limit BSI’s liability in respect of any:

death or personal injury caused by BSI’s negligence;
fraud or fraudulent misrepresentation on the part of BSI; or
matter which it would be illegal or unlawful for BSI to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using blacksmithint.com, you agree that the exclusions and limitations of liability set out in blacksmithint.com disclaimer are reasonable.

If you do not think they are reasonable, you must not use blacksmithint.com.

Other parties

You accept that, as a limited liability company, BSI has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against BSI’s officers or employees in respect of any losses you suffer in connection with blacksmithint.com.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in blacksmithint.com disclaimer will protect BSI’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BSI.

Unenforceable provisions

If any provision of blacksmithint.com disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of blacksmithint.com disclaimer.

Indemnity

You hereby indemnify BSI and undertake to keep BSI indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BSI to a third party in settlement of a claim or dispute on the advice of BSI’s legal advisers) incurred or suffered by BSI arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to BSI’s other rights under these terms and conditions, if you breach these terms and conditions in any way, BSI may take such action as BSI deems appropriate to deal with the breach, including suspending your access to blacksmithint.com, prohibiting you from accessing blacksmithint.com, blocking computers using your IP address from accessing blacksmithint.com, contacting your internet service provider to request that they block your access to blacksmithint.com and/or bringing court proceedings against you.

Variation

BSI may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of blacksmithint.com from the date of the publication of the revised terms and conditions on blacksmithint.com. Please check this page regularly to ensure you are familiar with the current version.

Assignment

BSI may transfer, sub-contract or otherwise deal with BSI’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, along with BSI’s Privacy Policy, constitute the entire agreement between you and BSI in relation to your use of blacksmithint.com, and supersede all previous agreements in respect of your use of blacksmithint.com.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the law of the State of Utah, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Salt Lake City, Utah.

Contact Details

Blacksmith International, LLC.
511 East 300 South
Salt Lake City, UT 84102
Main: (866) 306-9020
info@blacksmithint.com

Effective Date: May 11, 2016
Blacksmith International LLC. (“Blacksmith”) provides this Privacy Policy to let you know our policies and procedures regarding the collection, use and disclosure of information through www.blacksmithint.com(the “Site”), and any other websites, features, applications, widgets or online services that are owned or controlled by Blacksmith and that post a link to this Privacy Policy (together with the Site, the “Service”), as well as any information Blacksmith collects offline in connection with the Service. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. Note that we combine the information we collect from you from the Site, through the Service generally, or offline. By accessing or using the Service, you consent to the information collection, disclosure and use practices described in this Privacy Policy. Please note that certain features or services referenced in this Privacy Policy may not be offered on the Service at all times. Please also review our Terms of Service, which governs your use of the Service, and which is accessible at https://www.Blacksmith.com/legal/terms/.
INFORMATION COLLECTION
Information You Provide to Us Personal Information: In the course of using the Service, we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information include your name, email address, postal address and phone number. General Audience Service: The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that Blacksmith has collected Personal Information from your child, please contact us at: infobBlacksmith.com. Non-Identifying Information/Usernames: We also may collect other information, such as zip codes, demographic data, information regarding your use of the Service, and general project-related data (“Non-Identifying Information”). We may aggregate information collected from Blacksmith registered and non-registered users (“Blacksmith Users”). We consider usernames to be Non-Identifying Information. Usernames are made public through the Service and are viewable by other Blacksmith Users. In some cases, we may render Personal Information (generally, email address) into a form of Non-Identifying Information referred to in this Privacy Policy as “Hashed Information.” This is typically accomplished using a mathematical process (commonly known as a hash function) to convert information into a code. The code does not identify you directly, but it may be used to connect your activity and interests. Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but Blacksmith will treat the combined information as Personal Information. Collection of the Third Party Personal Information: We collect the following personal information from you about your contacts or friends: First, last name and email address when you provide it to us for the purpose of adding your contacts to a message room. Information Received from Third Parties We also may receive information about you from third parties. For example, we may supplement the information we collect with outside records or third parties may provide information in connection with a co-marketing agreement or at your request (such as if you choose to sign in with a third-party service). If we combine the information we receive from others with information we collect through the Service, we will treat the combined information as described in this Privacy Policy. Information Collected from Users Automatically We and our third party service providers, including analytics and third party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and site functionality. The information we collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service. The technology used to collect information automatically from Blacksmith Users may include the following: Cookies: Like many websites, we and our marketing partners, affiliates, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the Blacksmith Terms of Service) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how Blacksmith Users interact with the Service and to monitor aggregate usage by Blacksmith Users and web traffic routing on the Service). You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Service. Web Beacons: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how Blacksmith Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed. Embedded Scripts: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service. In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf. USE AND RETENTION OF INFORMATION WE USE INFORMATION WE COLLECT: To provide and improve the Service, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid and for compliance and internal business purposes; To contact you with administrative communications and Blacksmith newsletters, marketing or promotional materials (on behalf of Blacksmith or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the Your Choices and Opting Out section, below; To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online; To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent; To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Blacksmith or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Blacksmith Users; and For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy. UNLESS YOU REQUEST THAT WE DELETE CERTAIN INFORMATION (SEE CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT BELOW), WE RETAIN THE INFORMATION WE COLLECT FOR AT LEAST 5 YEARS AND MAY RETAIN THE INFORMATION FOR AS LONG AS NEEDED FOR OUR BUSINESS AND LEGAL PURPOSES. WE USE INFORMATION WE COLLECT: To provide and improve the Service, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid and for compliance and internal business purposes; To contact you with administrative communications and Blacksmith newsletters, marketing or promotional materials (on behalf of Blacksmith or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the Your Choices and Opting Out section, below; To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online; To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent; To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Blacksmith or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Blacksmith Users; and For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy. UNLESS YOU REQUEST THAT WE DELETE CERTAIN INFORMATION (SEE CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT BELOW), WE RETAIN THE INFORMATION WE COLLECT FOR AT LEAST 5 YEARS AND MAY RETAIN THE INFORMATION FOR AS LONG AS NEEDED FOR OUR BUSINESS AND LEGAL PURPOSES. INFORMATION SHARING AND DISCLOSURE We may share aggregated Non-Identifying Information and we may otherwise disclose Non-Identifying Information (including, without limitation, Hashed Information) to third parties. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless we first provide you with the opportunity to opt-in to or opt-out of such sharing. We may also share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as otherwise described in this Privacy Policy, or in the following circumstances: Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and improvement of Blacksmith’s features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf. What Happens If You Agree to Receive Information From Third Parties or Request That We Share Your Information: You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your Personal Information shared, your Personal Information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of an SNS or similar interactive feature or third party application, that we share information about you with a third party and we will typically do so under those circumstances. Legal and Investigative Purposes: Blacksmith will share information with government agencies as required by law, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of Blacksmith or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Blacksmith Users, and may do so in cooperation with third parties at our discretion. Internal and Business Transfers: Blacksmith may share information, including Personal Information, with its subsidiaries, and affiliates, primarily for business and operational purposes. We may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. Sweepstakes, Contests and Promotions: We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Blacksmith does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. Blogs: The Service may provide you the opportunity to participate and post content publicly on blogs (“Blog”). You may choose, through such features or otherwise, to submit or post questions, comments, or other content (collectively, “Blog Content”). Please note that certain information, such as your name and Profile may be publicly displayed on the Service along with your Blog Content. Please note that your use of our Blogs is subject to the Blacksmith Blog Rules and our Terms of Service. Note that anything you post to a Blog is public — others will have access to your Blog Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information in your Blog Content or use Blogs to link to your Profile, that information will be considered public information and the protections of this Privacy Policy will not apply. To request removal of your personal information from our blog, contact us at https://support.blacksmith.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why. Testimonials: We display personal testimonials of satisfied customers in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at support@blacksmithint.com. Feedback: We collect feedback from Blacksmith Users about their experience with other Blacksmith Users of our Service. Please note that any feedback you provide via the Service or feedback provided about you is publicly viewable via the Service. On very rare occasions, we may remove feedback pursuant to the relevant provisions of our Terms of Service, including the Terms of Use. Social Networking Services: You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, LinkedIn and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to create your account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and Blacksmith is not responsible for it. The Blacksmith Service also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties. You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating Blacksmith to pay any fees or making Blacksmith subject to any usage limitations imposed by such SNS. If your SNS account terminates, then functions enabled through the link between your Blacksmith account and your SNS account will terminate as well.
THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND SIMILAR THIRD PARTIES
Blacksmith works with (or may in the future work with) network advertisers, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to serve our advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Service and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Service as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and web beacons), and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Service or other online websites and services. We may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to us. While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. You may also opt-out by clicking here (or if located in the European Union click here). Please note that opting out through these mechanisms does not opt you out of being served advertising, and you will continue to receive generic ads while online.
YOUR CHOICES AND OPTING OUT
Blacksmith Users may update their choices regarding the types of communications you receive from us by emailing support@blacksmithint.com. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. You may opt-out of receiving text messages by replying “STOP” to any text message received. Registered Blacksmith Users who access the Service by using a Blacksmith mobile application may, with permission, receive push notifications. Similarly, registered Blacksmith Users who access the Service by using certain desktop browsers may, with permission, receive push notifications. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser. CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information, and you must update any changes through your online account. If you request to access all personal information you’ve submitted, we will respond to your request to access within 30 days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Service. If you wish for us to completely delete your account details, we will use commercially reasonable efforts to honor your request. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor Blacksmith can delete all copies of information that has been previously shared with others on the Service.
SECURITY
Blacksmith takes commercially reasonable steps to help protect and secure the information it collects and stores about Blacksmith Users. All access to the Site is encrypted using industry-standard transport layer security technology (TLS). When you enter sensitive information we encrypt the transmission of that information using secure socket layer technology (SSL). But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal data, Blacksmith cannot ensure and does not warrant the security of any information you transmit to us. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION Blacksmith is a United States company. If you are located outside the United States and choose to provide information to us, Blacksmith transfers Personal Information to the United States for processing. The U.S. may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the U.S., we will protect it as described in this Privacy Policy. By visiting the Service, or providing Blacksmith with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States. PUBLIC PROFILE The profile you create on our site will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal. PHISHING Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to Blacksmith. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be Blacksmith, please report it at support@blacksmithint.com.
CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply, as Blacksmith does, by disclosing in its privacy policy that it provides consumers choice (opt-in or opt-out) regarding sharing Personal Information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, Blacksmith provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time Blacksmith offers that choice, Blacksmith does not share your information with that identified third party for its direct marketing purposes. If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: support@blacksmithint.com or write to us at the following mailing address: Blacksmith Attn: Legal 3244 Homestead Rd Park City, Utah 84098 You must put the statement “Your California Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
CHANGES TO THIS POLICY
Blacksmith may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will display a notice through the Services prior to the change becoming effective. We may also notify you by email, in our discretion. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy. CONTACTING US If you have any questions about this Privacy Policy, please contact us at support@blacksmithint.com; or by mail addressed to Blacksmith, Attn: Legal, 3244 Homestead Rd, Park City, UT 84098

Terms of Service


These terms and conditions govern your use of www.blacksmithint.com (blacksmithint.com); by using blacksmithint.com, you accept these terms and conditions in full. Blacksmithint.com uses cookies. By using blacksmithint.com and agreeing to these terms and conditions, you consent to Blacksmith International, LLC (BSI)'s use of cookies in accordance with the terms of BSI's privacy policy. License to use blacksmithint.com Unless otherwise stated, BSI and/or its licensors own the intellectual property rights in blacksmithint.com and material on blacksmithint.com. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from blacksmithint.com for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: republish material from blacksmithint.com without the written permission of BSI'S express written consent. sell, rent or sub-license material from blacksmithint.com. redistribute material from blacksmithint.com without attribution to BSI. Acceptable use You must not use blacksmithint.com in any way that causes, or may cause, damage to blacksmithint.com or impairment of the availability or accessibility of blacksmithint.com; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use blacksmithint.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to blacksmithint.com without BSI'S express written consent. You must not use blacksmithint.com to transmit or send unsolicited commercial communications. You must not use blacksmithint.com for any purposes related to marketing without BSI'S express written consent. Restricted access Access to certain areas of blacksmithint.com is restricted. BSI reserves the right to restrict access to any area of blacksmithint.com. BSI may give you (User) a unique username and password (Credentials) in order to access restricted areas, User must use all reasonable efforts to keep Credentials confidential. BSI is not responsible for unauthorized use of Credentials. BSI may disable User Credentials at BSI'S sole discretion without notice or explanation. BSI will make its best efforts to provide 24-hour access to blacksmithint.com, including restricted areas, but makes no warranties or representations that blacksmithint.com will be available at all times. User acknowledges that from time to time access may be limited or unavailable. User content In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to blacksmithint.com, for whatever purpose. You grant to BSI a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to BSI the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or BSI or a third party (in each case under any applicable law). You must not submit any user content to blacksmithint.com that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. BSI reserves the right to edit or remove any material submitted to blacksmithint.com, or stored on BSI’s servers, or hosted or published upon blacksmithint.com. Notwithstanding BSI’s rights under these terms and conditions in relation to user content, BSI does not undertake to monitor the submission of such content to, or the publication of such content on, blacksmithint.com. No warranties Blacksmithint.com is provided “as is” without any representations or warranties, express or implied. BSI makes no representations or warranties in relation to blacksmithint.com or the information and materials provided on blacksmithint.com. Without prejudice to the generality of the foregoing paragraph, BSI does not warrant that: blacksmithint.com will be constantly available, or available at all; or the information on blacksmithint.com is complete, true, accurate or non-misleading. Limitations of liability BSI will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, blacksmithint.com: to the extent that blacksmithint.com is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if BSI has been expressly advised of the potential loss. Exceptions Nothing in blacksmithint.com disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in blacksmithint.com disclaimer will exclude or limit BSI’s liability in respect of any: death or personal injury caused by BSI’s negligence; fraud or fraudulent misrepresentation on the part of BSI; or matter which it would be illegal or unlawful for BSI to exclude or limit, or to attempt or purport to exclude or limit, its liability. Reasonableness By using blacksmithint.com, you agree that the exclusions and limitations of liability set out in blacksmithint.com disclaimer are reasonable. If you do not think they are reasonable, you must not use blacksmithint.com. Other parties You accept that, as a limited liability company, BSI has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against BSI’s officers or employees in respect of any losses you suffer in connection with blacksmithint.com. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in blacksmithint.com disclaimer will protect BSI’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BSI. Unenforceable provisions If any provision of blacksmithint.com disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of blacksmithint.com disclaimer. Indemnity You hereby indemnify BSI and undertake to keep BSI indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BSI to a third party in settlement of a claim or dispute on the advice of BSI’s legal advisers) incurred or suffered by BSI arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. Breaches of these terms and conditions Without prejudice to BSI’s other rights under these terms and conditions, if you breach these terms and conditions in any way, BSI may take such action as BSI deems appropriate to deal with the breach, including suspending your access to blacksmithint.com, prohibiting you from accessing blacksmithint.com, blocking computers using your IP address from accessing blacksmithint.com, contacting your internet service provider to request that they block your access to blacksmithint.com and/or bringing court proceedings against you. Variation BSI may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of blacksmithint.com from the date of the publication of the revised terms and conditions on blacksmithint.com. Please check this page regularly to ensure you are familiar with the current version. Assignment BSI may transfer, sub-contract or otherwise deal with BSI’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Entire agreement These terms and conditions, along with BSI’s Privacy Policy, constitute the entire agreement between you and BSI in relation to your use of blacksmithint.com, and supersede all previous agreements in respect of your use of blacksmithint.com. Law and jurisdiction These terms and conditions will be governed by and construed in accordance with the law of the State of Utah, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Salt Lake City, Utah. Contact Details Blacksmith International, LLC. 511 East 300 South Salt Lake City, UT 84102 Main: (866) 306-9020 info@blacksmithint.com