Terms and Conditions – Privacy
LAST UPDATED: February, 2022
Use of the Services
All remarks, suggestions, ideas, graphics, or other information (“Submissions”) that You communicate through the Services will become subject to Paradise Splash’s unlimited use, wherein Paradise Splash will have a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use the Submissions in any manner and for any purpose, including promotional and advertising purposes, without compensation to You. Paradise Splash has no obligation to treat Submissions as confidential. You may only provide Submissions that are original, that You have the right to provide, and that do not infringe on others’ rights.You may not provide any Submissions if you are under age 13. If You are older than age 13 but younger than the age of majority in Your jurisdiction of residence (e.g., age 18), You may provide submissions only with the permission and under the supervision of a parent or guardian, wherein Your parent or guardian is responsible for any legal liability relating to Your Submissions.
Warranty Disclaimar and Limitation of Liability
The Services are provided on an “as is” basis without warranties of any kind, express or implied. Paradise Splash disclaims all warranties as to merchantability and fitness for a particular purpose. Paradise Splash does not warrant that: the Services will be uninterrupted or error-free; defects will be corrected; or the Services and server that make the Services available are free from viruses or other harmful components. Paradise Splash further does not make any warranty or representation as to the accuracy, reliability, content, or completeness of search results or other information or services provided through the Services. These warranty disclaimers may not apply to You to the extent that applicable law does not allow the exclusion of such warranties. Paradise Splash may make changes or improvements to the Services at any time. You expressly agree that use of the Services is at Your sole risk, and You assume total responsibility for use of the Services. Paradise Splash is not responsible for any loss You may incur as a result of using the Services. You agree that Paradise Splash shall not be liable for any damages, losses, or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access to, or alteration of the Services, whether for breach of contract, tortious behavior, negligence, or any other cause of action. You agree that Paradise Splash is not responsible for any losses or damages arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Services. You agree that Paradise Splash is not liable for the defamatory, offensive, or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with You. Paradise Splash, or any person or entity involved in creating, producing or distributing any of the Services, will not be liable for any losses or damages, including (without limitation) direct, indirect, incidental, special, consequential and/or punitive damages, or lost profits arising out of the use of or inability to use any of the Services or any content contained therein. This section is not intended to limit Paradise Splash’s liability for damages to the extent caused by Paradise Splash’s own gross negligence or intentional or unlawful misconduct. This section is not intended to limit or alter Your rights as a consumer that cannot be limited or altered under applicable law.
You agree to indemnify, defend, and hold harmless Paradise Splash, its content providers, and their respective officers, directors, shareholders, employees, agents, successors, licensees, distributors, affiliates, and assigns from any and all third party claims, demands, liabilities, costs and/or expenses, including attorneys’ fees, arising out of or in connection with Your use or activities relating to the Services, Content, or Submissions, including: (1) Your use of the Services; (2) Your on-line conduct in connection with the Services; (3) Your (or anyone acting under Your password, user name, or other identifier) violation or breach of these Terms; (4) Your failure to comply with applicable laws or regulations in connection with the Services; (5) Your negligence, willful misconduct, or violations of the intellectual property or other rights of any person or entity in connection with the Services; (6) any of Your dealings or transactions with other persons or third party platforms resulting from use of the Services; and (7) Your breach of any of the agreements, representations, and warranties set forth in these Terms.
Third Party Sites
Paradise Splash may on occasion provide links and pointers to websites maintained by third parties. Unless otherwise specified, Paradise Splash does not operate or control any information, products, or services on these third party websites. Paradise Splash does not state and expressly disclaims that it has the consent of third parties operating such websites to provide a link or pointer to such websites. Paradise Splash does not endorse and is not responsible for the accuracy or reliability of any site to which any of the Services is linked or any opinion, content, advice, statement or information made or provided in any such third party site.
Paradise Splash respects the rights of copyright holders and expects its Services users to do the same. Paradise Splash has a policy of responding expeditiously to notices of copyright infringement committed through use of the Services if such claims are reported to Paradise Splash’s designated Copyright Agent, named below, and thus reserves the right to remove infringing content from the Services and to terminate or limit Services access to users who repeatedly infringe copyrights. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Paradise Splash’s Copyright Agent a notice with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright 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 at that site; • 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;
• Information reasonably sufficient to permit us to contact the complaining party;
• A statement that the complaining party has 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
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the notice and any other inquiries under the Digital Millennium Copyright Act to:
Paradise Splash Attn: Copyright – Legal
PO Box 3814 Wofford Heights, CA 93285
Paradise Splash will take whatever action, in its sole discretion, it deems appropriate to respond to the notice. In doing so, Paradise Splash may notify the user who submitted the infringing content. If You have been notified that Your content on the Services is infringing, You may submit a counter-notice to the Copyright Agent with sufficient information for Paradise Splash to consider in taking any action.
DO NOT make false claims. Misuse of this process may result in termination of Your access to the Services and/or other legal consequences, including costs and attorneys’ fees. If You are uncertain whether an activity constitutes infringement, You should seek the advice of an attorney.
Arbitration and Class Action Waiver
Please read this section carefully, as it affects your legal rights.
Paradise Splash hopes to resolve any issues You have with the Services before needing a formal legal case. Before filing a claim against Paradise Splash, You agree to try to resolve the dispute informally by contacting Customer Service as shown below or by mailing the details of Your issue to the following:
Paradise Splash, Attn: Legal Department,
PO Box 3814 Wofford Heights, CA 93285
If Paradise Splash is unable to informally resolve Your issue, You may proceed with a dispute against Paradise Splash in accordance with the conditions herein.Except for certain types of disputes described below, You agree that disputes between You and Paradise Splash (whether such disputes involves a third party) relating to these Services will be resolved by binding, individual arbitration. ARBITRATION IS MANDATORY AND FINAL. You should be aware that discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that You would otherwise have in court may not be available in arbitration.Notices of arbitration should be sent to Paradise Splash’s address provided above. There shall be one arbitrator agreed to by the parties within twenty days of receipt by the respondent of the request for arbitration or in default thereof appointed by the American Arbitration Association (“AAA”) in accordance with the AAA’s rules for arbitration of consumer-related disputes, which are available at www.adr.org or by calling AAA at 1-800-778-7879. The parties may alternatively elect an arbitrator from JAMS in the event that an AAA arbitrator is not available to the parties, whether by location, cost, or otherwise. The arbitration will be held in Los Angeles County, California, U.S.A., or any other location upon which You and Paradise Splash agree, and will be conducted in the English language. The AAA rules will govern payment of all arbitration fees. Paradise Splash Delta will pay all arbitration fees for claims less than $1,000. Neither You nor Paradise Splash will participate in a class action or class-wide arbitration for any claims. You are giving up Your right to participate as a class representative or class member on any class claim You may have against Paradise Splash including any right to class arbitration or any consolidation of individual arbitrations. Neither You nor Paradise Splash will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You and Paradise Splash each waive rights to trial by jury or to participate in a class action lawsuit or class-wide arbitration. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms. In the event that the agreement to arbitrate is found not to apply to You or Your claim, You and Paradise Splash agree that any judicial proceeding (other than small claims actions as described herein) will be brought in the federal or state courts of Los AngelesCounty, California, U.S.A. Both You and Paradise Splash consent to venue and personal jurisdiction there.Exceptions to arbitration: As an alternative, You or Paradise Splash may assert claims, if they qualify, in a local “small claims” court in Los Angeles County, California or any United States county where You live and work. You may bring claims only on Your own behalf. You agree that Paradise Splash may seek preliminary or injunctive relief from a court of competent jurisdiction in Los Angeles County, California to protect its rights or property pending the completion of arbitration.
Paradise Splash may revise these Terms on occasion and will post the most current version with the Services. If a revision meaningfully reduces Your rights, we will notify You (by, for example, posting a notice with the Services or sending a notice to an e-mail address that You agree to provide). By continuing to use or access the Services after the revisions come into effect, You agree to be bound by the revised Terms.
These Terms constitute the entire agreement of the parties and supersede all previous written or oral agreements between the parties with respect to the Services. These Terms will be governed by the laws of the State of California, U.S.A., notwithstanding any conflicts of laws principles. Paradise Splash’s failure to enforce a provision is not a waiver of its right to do so later. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect. You may not assign any of Your rights under these Terms, and any such attempt will be void. Paradise Splash may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Nothing contained in this agreement shall create any association, partnership, or agency or joint venture between Paradise Splash and You.
If you have any questions relating to the Terms or Services,
please mail us at:
Paradise Splash Attn: Customer
PO Box 3814 Wofford Heights, CA 93285
LAST UPDATED: February 2022
Overview of the Use of the information collected
For each visitor to or user of Paradise Splash’s Services, Paradise Splash’s Web server automatically recognizes and stores computer-readable information, such as the visitor’s IP address and domain name combination. This is typically anonymous information automatically provided by your computer. Paradise Splash uses this information to follow visitor traffic patterns through the Services to improve user experience. If your Internet browser employs blocking or “Do Not Track” technology that limits recognition or the collection of such computer-readable information, Paradise Splash will not alter or bypass such technology. Paradise Splash does not provide access to third parties to track your personal information through your use of the Services. When you visit or use the Services, Paradise Splash may use “cookies” to store certain information on your computer that allows us to customize your visit to Paradise Splash’s Services or to simply facilitate signing in to the Services. Most browsers automatically accept cookies, but your browser settings can be adjusted to erase or block cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. In order to provide some of our services to you, including on-line purchases or comment entries, Paradise Splash may ask for some of your personal information, including your email address, name, mailing address, telephone number, or persistent identifier (such as a customer number held in a cookie). You should provide such personal information accurately, so we can communicate with you, perform services for you, or process your requests relating to any of your information that we have. If you need to inform us about any changes to your personal information, or any changes you wish to make to Paradise Splash’s retention of your information, you can contact us through the “Contact Us” page at Paradise Splash.com or by using the contact information below.
Information Collected by Paradise Splash
• Identifiers: names, signatures, aliases, postal addresses, telephone numbers, unique personal identifiers, online identifiers, Internet Protocol addresses, e-mail addresses, Social Security numbers, driver’s license numbers, passport numbers, employment history, credit card numbers, bank account numbers, debit card numbers, medical information, health insurance information, or other similar identifiers
• Information protected against security breaches: names, Social Security numbers, driver’s license numbers, passport numbers, credit card numbers, bank account numbers, debit card numbers • Protected legal characteristics: race, gender
• Commercial information: product shipment addresses, purchase histories • Internet activity: information on customers’ interactions with the Services, interaction with social media sites maintained by Paradise Splash
• Audio information
• Employment information: employment history within or outside Paradise Splash
• Educational information from education history
• Geolocation data
• Inferences about personal preferences: use of or visits to the Services; product purchases and reviews
Please note that different jurisdictions may have varying definitions for personal information. You should check with local resources to determine how personal information is defined where you reside.
Sources of Information collected by Paradise Splash
Paradise Splash may collect personal information through these sources: • Customers providing information directly to Paradise Splash, such as through Paradise Splash’s “Contact Us” page, calls or e-mail made to our Customer Service department, or calls or e-mail to other Paradise Splash departments
• Customers using the Services
• Employment applications
• Points of purchase for Paradise Splash’s products and services
• Social media sites maintained by Paradise Splash
• On-line purchases or donations • Vendor data used to provided services to Paradise Splash
• Information provided at Paradise Splash events or locations
• Information provided to obtain Paradise Splash food services
• Geographic data and preferences from use of mobile applications
Use of Information
When Paradise Splash receives your personal information, we may use your information or disclose your personal information to third parties in the following instances:
• you request or authorize it to satisfy a reason or request for which you provided the information
• to complete a transaction, donation, purchase, or payment
• to prevent fraud
• to respond to communications from you
• to process employment applications or employment history inquiries
• to help you locate Paradise Splash restaurant locations
• to provide, personalize, develop, and support the Services and other services provided by Paradise Splash
• to perform research on consumer preferences and habits
• to comply with laws, regulations, governmental and quasi-governmental requests, court orders or subpoenas, and legal investigations
• to protect the rights, property, safety, and security of Paradise Splash, you, and others
• to allow our agents, outside vendors, or service providers to perform functions on our behalf, such as order processing, merchandise shipments, and application processing
We may also gather aggregated data about you and disclose such aggregated data, without any personally identifiable information, to third parties for research purposes.
Purposes for transactions of Personal Information
• Identifiers: personal identifiers, online identifiers, Internet Protocol addresses
• Internet activity: information on customers’ interactions with the Services and social media sites maintained by Paradise Splash
• Geolocation data
• Security: protecting against fraud and malicious activity
• Related personal information: credit card numbers, debit card numbers, bank account information, names
• Short-term use: contextual ad customization that does not involve or contribute to profiling
• Related personal information: IP addresses, geolocation data, social media identifiers • Performing services: customer service; processing transactions; marketing
• Related personal information: name, e-mail addresses, phone numbers, addresses, credit card numbers, debit card numbers, bank account information, geolocation data, purchase histories
• Internal research to develop or demonstrate technology
• Related personal information: geolocation data, social media identifiers, IP addresses, product purchases and reviews, unique personal identifiers
• Testing or improving the Services or other products and services provided by Paradise Splash
• Related personal information: geolocation data, social media identifiers, IP addresses, e-mail addresses, voicemail, product purchases and reviews, unique personal identifiers, online identifiers
• Processing job applications and providing employment opportunities
• Related personal information: names, signatures, aliases, postal addresses, telephone numbers, e-mail addresses, Social Security numbers, driver’s license numbers, passport numbers, employment history, race, gender, education history Paradise Splash only shares this personal information to the extent necessary to fulfill these business purposes. We require such third parties to maintain security measures to ensure privacy and security for personal information.
Credit Card Purchases
Paradise Splash may ask you to provide a credit card number in order to purchase a product. Credit card transactions are processed by a third party professional payment authorization service selected by Paradise Splash to provide added security and reliability. Only the purchase price and the credit card information provided by you are supplied to this third party service. Information collected during credit card transactions is maintained in the service’s database for accounting and billing purposes and is not released to other third parties. Paradise Splash does not maintain a copy of your credit card information on its servers and will not use your credit card information for any purpose other than processing your order.
Privacy Rights for California Residents
If you are a California resident, you have certain privacy rights under the California Consumer Privacy Act (“CCPA”) regarding your personal information. These include:
1 the right to request Paradise Splash to disclose what personal information is collected and how it is used;
2 the right to request Paradise Splash to disclose how it sells your personal information;
3 the right of non-discrimination if you make a request about your personal information;
and 4 the right to opt out of having your personal information sold
You can submit requests about your information to the following:
Customer Service Paradise Splash
PO Box 3814 Wofford Heights, CA 93285
You may only make two requests over a 12-month period. Paradise Splash will respond to your request within 45 days of receiving your request and will provide information from the 12-month period prior to your request. There are some exceptions to these requests. For example, Paradise Splash can keep your personal information for certain business purposes, such as processing payments for merchandise you order or undertaking internal research for our technological developments. Additionally, the CCPA provides for certain exemptions, such that requests under the CCPA cannot prevent Paradise Splash’s ability to:
• comply with federal, state, or local laws;
• comply with certain requests by legal authorities;
• cooperate with enforcement agencies;
• exercise or defend legal claims;
• collect, use, retain, sell, or disclose consumer information that is identified or aggregate consumer information;
• collect or sell personal information if all aspects of such transactions occur wholly outside California; or
• preserve evidentiary privileges
In some instances, Paradise Splash may refuse to respond to such a request based on an exemption, a legal requirement, or other business or legal policy. Paradise Splash will inform you as to the basis for refusing any such request. Paradise Splash takes great care in maintaining the security of your personal information and in preventing its unauthorized access by employing appropriate technology and internal procedures. When we transmit sensitive personal information through our Services, we protect it through the use of encryption, such as Secure Socket Layer (SSL) protocol. However, Paradise Splash does not guarantee that unauthorized access is completely preventable in every circumstance, as no method of electronically storing or transmitting data is completely secure. It is highly recommended that you monitor your credit card activity and use of your personal information on a regular basis.
Notice Regarding Minors
Use and Disclosure of Anonymous Aggregated Information
Paradise Splash may collect, aggregate, and maintain anonymous information about our Services’ users, such as interests, purchasing habits, and the like. Paradise Splash may use this information for tailoring content and advertising to deliver a better experience for our users. Paradise Splash may also share such aggregate information about the Services’ users with business partners and other third parties for the purposes described above.
Revocations of Policy and Questions
Customer Service Paradise Splash
PO Box 3814 Wofford Heights, CA 93285