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Terms of Service

TERMS OF SERVICE AGREEMENT

The Agreement was last revised on November 1, 2011.

Your Acceptance. Your use of www.bellasara.com (the "Site") and all other websites owned or operated by The Bella Sara Company, LLC., its affiliates, agents, or licensors (collectively "we," "us," or "BSC"), and the services provided through or in connection with the Site, are subject to this Terms of Service Agreement ("Agreement") and the current The Bella Sara Company Privacy Policy published at www.bellasara.com/legal.html.

BY CHECKING THE BOX TO CONFIRM THAT YOU "READ AND AGREE TO THE TERMS OF SERVICE" OR OTHERWISE USING THE SITE, YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS AGREEMENT AND THE PRIVACY POLICY, YOU DO NOT HAVE PERMISSION TO USE THE SITE OR SERVICES UNDER THIS AGREEMENT.

BSC may revise or amend this Agreement, at its sole discretion, at any time by posting changes on this web page, which immediately become effective upon posting. Each time you use the Site, you agree to be bound by the then current Agreement and Privacy Policy. If you do not agree to all of these conditions, then you must immediately stop using the Site. This Agreement applies to all visitors, users, and others who view the Site ("Users").

Registration on the Site. To enter the Site and use the services provided on the Site you will need to register and create an account. When you register we will ask you to provide certain information such as your name and your age. You may never use another User's registration or password without permission. When registering, you must provide accurate and complete information. You are solely responsible for all activity that occurs under your account username and password (whether or not such activity is authorized by you), and you must keep your password secure. If you are under the age of 13, you will also need to provide an email address for your parent or guardian so that we can notify them of your registration and give them access to your account so they can monitor it and/or turn it off.

Accuracy of Information. The Site may contain certain product information and data, recommendations, and opinions provided by BSC ("Information") and User-provided information, such as their name, telephone number, street address, age, text, messages, feedback, images, suggestions, photos, birthday, icons, links to web sites, product information, information regarding bugs, other comments, or other content ("User Submissions"). All Information and User Submissions are provided "as is" and are intended solely as general information only and is not professional advice. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in Information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. Any use of the Information or User Submissions is at your sole risk. BSC shall not be liable in any way for the accuracy, completeness, or timeliness of the Information or User Submissions, or for any decision made or action taken by you relying upon the Information or User Submissions.

Links to Other Web Sites. The Site may contain links to third-party web sites that are not controlled by BSC, including links provided by Users. BSC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites. You expressly agree that BSC is not liable for any claims arising from your use of any third-party web site. Unless we expressly state otherwise, the fact that a link to a third-party web site is provided on the Site is not an endorsement or affiliation with respect to such web site or its owners or providers.

Use of the Site. BSC hereby grants you permission to use the Site solely as set forth in this Agreement provided that you comply with the Agreement. BSC reserves the right to terminate this Agreement with or without notice for any or no reason, or for your violation of any provision of the Agreement and to modify or discontinue, temporarily or permanently, all or any portion of the Site or services at any time without liability to BSC.

You agree not to use, copy, modify, reformat, create derivative works, publicly display, download, store, transmit, provide links to, post, or distribute any content on the Site, including without limitation, text, scripts, graphics, software, data, Information, photos, images, and the like ("Content") or use any Content for commercial purposes without obtaining prior written consent from BSC.

You may not use the Site in any manner that is illegal or harmful to the Site. Specifically, without limitation, you must not:

  • Use the Site through unauthorized interfaces or protocols;
  • Submit, upload, post, email, transmit or otherwise make available ("post") material that infringes the rights of others (including but not limited to any intellectual property rights) or is illegal, harmful, abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, abusive, inaccurate, hateful, sexually oriented, defamatory, invasive of personal privacy, harassing, threatening, violative of any law, regulation or order, or otherwise objectionable;
  • Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Content (accept as applicable law expressly permits);
  • Remove, obscure or alter any notices or indications of any Intellectual Property rights;
  • Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the Site servers;
  • Take any action that imposes an unreasonable or large load on our infrastructure;
  • Post any solicitations, advertisements, chain letters, pyramid schemes, spyware, or spam;
  • Post invalid data, viruses, worms, or other harmful software to the Site;
  • Post any User Submission that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any other person, or that may create a risk of any other loss or damage to any person or property;
  • collect or harvest any personally identifiable information, including account names, from the Site, nor to use the services provided by the Site for any commercial solicitation purposes;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site, unless expressly permitted by us;
  • Interfere or attempt to interfere with the proper working of the Site or use the Site in a way that disables it or prevents or inhibits anyone from using it; or
  • Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.

Intellectual Property Rights. BSC or its licensors, have exclusive proprietary rights to its Information or Content that is provided on this Site. Any of BSC's trademarks, service marks, trade names, icons, logos, patents, trade secrets and copyrights that are provided or embodied on the Site ("Intellectual Property") are the exclusive property of BSC or its licensors. BSC retains all rights in its Content and Intellectual Property that are not expressly granted in this Agreement. BSC's Content and Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BSC.

User Submissions. Other than personally identifiable information, which is subject to this Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner ("User Submissions") is and will be considered non-confidential and non-proprietary.

You understand that BSC does not guarantee any confidentiality with respect to any User Submissions.

BSC reserves the right, but does not have the obligation, to review User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. BSC reserves the right to remove any User Submissions from the Site upon request of a User, for any reason, or for no reason. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses and rights to use, display, and authorize BSC to use and display your User Submissions.

By submitting the User Submissions to BSC, you hereby grant BSC and its Users a non-exclusive, royalty-free, irrevocable, sublicenseable, and fully transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Submissions in connection with the Site. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify BSC for any claim regarding BSC's use of your User Submissions.

You understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree that the User, not BSC, shall be liable for any damages you allege to incur as a result of such User Submissions and agree to indemnify and hold BSC, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  1. (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  3. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BSC's Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows:

The Bella Sara Company, LLC
ATTN: Copyright Agent
3800 Bridgeport Way
Suite A # 326
University Place, WA 98466

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Notifications/Opt-out. It is BSC’s policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Users via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by BSC in its sole discretion. BSC reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification. By providing BSC your email address you consent to our using the email address to send you notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of certain product announcements. We may also use your email address to send you other messages, including changes to BSC features and special offers. If you do not want to receive such email messages, you may opt out by changing your account settings or by sending mail to the following postal address:

The Bella Sara Company, LLC
ATTN: Copyright Agent
3800 Bridgeport Way
Suite A # 326
University Place, WA 98466

Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers

Warranty Disclaimer. THE CONTENT PROVIDED BY The Bella Sara Company THROUGH THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT. The Bella Sara Company MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ACCESSIBILITY, AVAILABILITY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR ITS CONTENT, USER SUBMISSIONS, OR ANY WEB SITES LINKED TO THIS SITE. The Bella Sara Company PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, LOSS, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. The Bella Sara Company DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER SUBMISSION, AND The Bella Sara Company WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING USER SUBMISSIONS OR ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

Limitation of Liability. IN NO EVENT SHALL The Bella Sara Company , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VI) USER SUBMISSIONS OR THE HARMFUL OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT The Bella Sara Company IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnity. You agree to indemnify and hold BSC and its affiliates, agents, directors, officers, employees, and licensors harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (iv) any claim regarding your User Submissions. This indemnification obligation will survive termination of this Agreement and discontinuance of your use of the Site.

Ability to Accept Agreement. By your use of the Site, you affirm that you are either are at least 13 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, and obligations, set forth in this Agreement. If you are under the age of 13, you will be required to give us your parent or guardian's email address so that we can inform your parent or guardian that you have requested registration on the Site.

Assignment. This Agreement and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by BSC without restriction, including without limitation, in the event that The Bella Sara Company, LLC., forms a partnership with, is merged with, is acquired by another company or goes into bankruptcy.

Term and Termination. Your permission to access the Site under this Agreement will immediately terminate if you violate with any term of this Agreement. You agree that BSC, in its sole discretion and with or without notice, may terminate this Agreement or your access to any or all of the Site. Your obligations shall survive termination of this Agreement.

Governing Law. You agree that this Agreement shall be governed and interpreted pursuant to the laws of the State of Washington, notwithstanding any principles of conflict of law or your actual state or country of residence. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts serving Seattle, Washington.

Entire Agreement/Severability. This Agreement, together with the Privacy Policy and any other notices published by BSC on the Site, shall constitute the entire agreement between you and BSC concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and BSC's failure to assert any right under this Agreement shall not constitute a waiver of such right.


PRIVACY POLICY

The privacy policy was last revised on January 8, 2008.

The following statement describes the privacy policy relating to the bellasara.com website (the "Site") operated by BSC Games, Inc. ("Hidden City Entertainment" or “BSC” or "we"). The purpose of this privacy policy is to inform you of the following:

  • What kind of information, including any personally identifiable information, is collected;
  • Who collects the information;
  • How the information is used;
  • With whom the information may be shared;
  • What choices are available to you regarding its collection, use, and distribution;
  • The security procedures that are in place to protect the information; and
  • How you can correct inaccuracies in the information.

Information We Collect

Non-Personally Identifiable Information. Non-personally identifiable information is information that, by itself, cannot be tracked to a specific individual. BSC may collect non-personally identifiable information while you are visiting the Site. While providing services and features, BSC may collect web surfing data such as your IP address, web pages on the Site that have you visited, time and date, the web site you came through to reach the Site, and whether or not you clicked on any links while at the Site. We may use different types of technologies to collect this information, including cookies and single-pixel GIFs.

If your browser is configured to accept the cookies, these cookies will be used to recognize your computer when you revisit the Site to provide you with a better web surfing experience; for example, it allows us to learn how you use the Site and to show you information we think you would want to see. If you wish, you can configure your browser to block cookies; however, your ability to access certain portions of the Site may be affected.

Links to third parties may be displayed on the Site. If you choose to click on a link, BSC may provide non-personally identifiable information to the third party. Also, the third party may use cookies or other technologies to collect information when you are visiting their web sites. The information advertisers or other third parties collect is governed by their individual privacy policies, not by BSC's privacy policy.

If you are under the age of 13, BSC requires a parent's or guardian's permission before we can collect your personal information. See NOTE TO PARENTS below for more information.

Personally Identifiable Information. While providing various services or features, we may ask you to provide personal information. For example, if you choose to register at the Site, you may be asked to provide your name, email address, password and/or username. If you choose to use the Site, fill out online surveys, participate in contests, events or promotions, become a member on a product website or create a profile, you may elect to provide information, such as your gender, credit card, name, telephone number, street address, age, and product preferences ("User Submissions").

Use of the Information We Collect

Use of Non-Personally Identifiable Information. BSC may use non-personally identifiable information collected to improve the quality of BSC's services; for example, by diagnosing service or technology problems, by assessing and maintaining security, by increasing ad placements on web sites that are generating more web traffic, by presenting you with information that we think you would be interested in seeing, or by allowing you to log in or access your profile information automatically. We may also use the information to count and recognize returning users.

We may use non-personally identifiable information collected to determine user demographics, interests, and behavior and may market BSC products by sharing non-personally identifiable information with potential customers or partners. BSC also may provide your non-personally identifiable information to contractors so that they can perform services for us. We may also utilize service providers to assist us in aggregating customer information. We may then share such aggregated non-personally identifiable information with prospective marketing partners, advertisers and others.

Use of Personally Identifiable Information. User Submissions and profile information, including without limitation your username, email address, and location may be viewable by others. BSC does not intentionally directly provide personally identifiable information to partners, except if you provide personally identifiable information as part of an inquiry about products or services provided by one of the partners. In that case, we will provide that information to that partner so that they may attempt to provide you with information regarding the products or services about which you inquired. BSC may use the personally identifiable information provided by users at for internal purposes, such as marketing, administration, or sending you email messages.

We may share personally identifiable information with third parties who provide BSC with administrative services (such as, but not limited to, authorization of credit card and check transactions, order fulfillment and co-branded or joint product and service promotions). We may also share your information with service providers who warehouse product, personalize product and perform order fulfillment services. These service providers are granted access to some or all of your personal information as necessary and may use cookies on our behalf, but are contractually restricted from using your personal information in any manner other than as may be necessary to perform their services.

If you provide us your email address when requesting information or when signing up for user communities, newsletters, or other services, we may send you email messages to communicate with you or to provide you information that we think you would like to see.

If BSC shares any of the information collected from you with a third party, the third party's use of that information will then be governed by the third party's privacy policy.

If you provide personally identifiable information for your profile or other User Submissions, other Users of the Site will have access to this information.

Other Sharing of Information
We may release any information about any user, including personally identifiable information, if in our sole discretion, release is appropriate to comply with the law, requests or orders from law enforcement, court order, or any investigation. We also may release information to protect our rights, property, or other interests, including those of its customers or users or to prevent illegal activities or violations of the BSC Terms of Service Agreement (available at www.bellasara.com/legal.html.

In the event that BSC, in whole or in part, establishes a partnership with another company, or is acquired by or merged with another company or enters bankruptcy, collected information may be transferred to the partner or the acquiring or merging company.

Notifications/Opt-out. It is BSC’s policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to users via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by BSC in its sole discretion. BSC reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification. By providing BSC your email address you consent to our using the email address to send you notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of certain product announcements. We may also use your email address to send you other messages, including changes to BSC features and special offers. If you do not want to receive such email messages, you may opt out by changing your account settings or by sending mail to the following postal address:

The Bella Sara Company, LLC
ATTN: Copyright Agent
3800 Bridgeport Way
Suite A # 326
University Place, WA 98466

Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

Child Protection

If you are under the age of 13, BSC requires a parent's or guardian's permission before we can collect your personal information. We do this by asking for your parent or guardian's email address. We will send your parents an email when you register requesting their permission. More information on the process we use is described below in the NOTE TO PARENTS.

NOTE TO PARENTS
The purpose of this Privacy Policy is to provide our visitors with information about our website, which we hope will promote informed choices and decisions about how to use the site, as well as protect our users' privacy.
BSC recognizes that some younger visitors may not understand some of the information contained on our website or how the site operates. Please discuss this statement with your children so that they will better understand how to use the site and the information they may be asked to provide.
BSC will collect personal information from children under the age of 13 only with parental permission. We make every attempt to inform your children of this policy wherever this information is collected. However, please note that we do not have the internal mechanisms to confirm the accuracy of the statements they provide to us.
BSC will not require a child to disclose any more information than is necessary to register and use the Site.
Because BSC does not share personal information collected by our website users with third parties, we are able to obtain consent from parents or guardians through email. When a child under the age of 13 registers for a contest, survey, or website membership, we will send an email to parents. Parents will be given 48 hours to refuse their child's registration. If the parent refuses membership, we will delete your child's information from our database. If we get permission or if we don't hear back in 48 hours, we will assume it's acceptable for your child to be registered on our site. Once we get permission, we will assume that it is alright for a child to enter any contest, survey, or membership activity associated with that website.
Permission for some of our websites may include permitting your child to submit photographs to our website. Therefore, your permission grants BSC the right to post photographs of your child on our website. Please read our Terms of Service for more information on the content and materials that BSC allows to be posted on our websites.
If you suspect that your child has offered personal information in error and/or you wish us to remove their profile from our database, we are happy to do so. Please contact us at customerservice@bellasara.com or at the mailing address below and be sure to include the following:

  • your child's name and email address
  • your name and email address
  • the name of the site at which your child is registered
  • the purpose of your request (remove profile, update information)

The Bella Sara Company, LLC
ATTN: Copyright Agent
3800 Bridgeport Way
Suite A # 326
University Place, WA 98466

International Users
The Site is hosted in the United States and the portion of the site available by clicking on the United States flag is intended for and directed to users in the United States. If you are accessing the Site from outside the United States, the laws or regulations governing personal data collection, use, and disclosure may differ from United States laws. Be advised that through your continued use of the Site, which is governed by U.S. law, this privacy policy, and our Terms of Services, you are transferring your personal information to the United States and you consent to that transfer.

Security
BSC makes efforts to protect against the loss, misuse, and alteration of the collected information. Be aware, however, that the Internet is not 100% secure. Therefore, we cannot ensure the security of any information transmitted over the Internet, and we accept no liability for any disclosure. Many areas of the Site are password-protected. To increase the security of the Site, please do not share your passwords with anyone.

Links to Other Web Sites
The Site may contain links to other web sites. In addition, User Submissions might contain links to other web sites. BSC is not responsible for the privacy practices or the content of any third party web sites that may be linked to the Site.

Modifications
This privacy policy replaces any previous privacy policies formerly posted on the Site. We reserve the right to modify this privacy policy at any time by posting the changes on this web page and any such changes are immediately effective upon posting. We also may notify you about changes to the privacy policy by sending you a notice to your email address or by placing a notice on the Site. Please check the effective date at the top of this page to determine if the privacy policy has been modified since you last reviewed it. Your continued use of the Site following posting of this or any updated privacy policy will constitute your acceptance.