Collection of Your Personal Information
We collect Personal Information you voluntarily submit to us through the Website. It is optional for you to utilize this Website. If you elect to utilize certain aspects of this Website, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address (including zip code), email address, telephone number and date of birth. We reserve the right to collect any other information that you voluntarily enter, including Personal Information, into any postings, comments, feedback, or forums on the Website.
There is also information about your computer hardware and software that is automatically collected by us when you visit our Website. This information can include: your IP address, browser type, domain names, access times and referring Website addresses. This information is used by us for the operation of the Website and related services, to maintain quality of the service, and to provide general statistics regarding use of the Website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through public message boards made available through our Website, this information may be collected and used by others. Note: We do not read any of your private online communications.
We encourage you to review the privacy statements of websites you choose to link to from this Website so that you can understand how those websites collect, use and share your information. We do not operate these third-party Websites and are not responsible for the privacy statements or other content on those websites. If you do not want the operators of those websites to have your personal information you should not click on third-party advertisements or links to third-party websites.
Use of Your Personal Information
We collect and use your personal information to operate the Website and to deliver the services you request. We also use your personally identifiable information to inform you of other products or services available from us and our affiliates. We may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
We do not sell, rent or lease customer lists to third parties. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, we may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us and they are required to maintain the confidentiality of your information.
Should you receive such communications from us, you may “opt-out” of receiving future communications from us by following the unsubscribe instructions on the emails. You may also contact us directly at email@example.com. This applies to promotional communications and not administrative communications we feel are necessary to provide the services you seek through the Website.
We keep track of the websites and pages our customers visit within our Website, in order to determine what services or information are the most popular. This data is used to deliver customized content and advertising within our Website to customers whose behavior indicates that they are interested in a particular subject area.
Our Website will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us or the site; (b) protect and defend our rights or property; and, (c) act under exigent circumstances to protect the personal safety of the users of the Website or the general public.
We use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize our Website pages, or register with us or our Website for services, a cookie helps us to recall your specific information on subsequent visits. Thus, when you return, the information you previously provided, such as billing addresses and shipping addresses can be retrieved and auto-populate fields so that you can easily use the Website and any features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website services.
The Ability of Others to View Your Information
When you use the Website, certain information you post or provide on the publicly available portions of the Website, may become publicly available and may be collected and used by others, including people outside of the control of the Website. We have no obligations with respect to any information that you post to publicly available parts of the Website.
Security of Your Personal Information
We take reasonable steps to secure your personal information from unauthorized access, use or disclosure, although, there is always some element of risk involved in sending personal information online. The demographic and payment information you provide through the Website is stored on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Your Personal Information may be processed and stored outside the United States of America where laws regarding processing of Personal Information may be less stringent than the laws in your country or state. Your Personal Information will not, however, be used or disclosed for purposes for which you have not given consent or which are not permitted under applicable law.
Changes to this Statement
This Website is intended for use by those 18 years of age or older. Minors under 13 years of age may not use the Website without adult supervision.
Conditions to Use our Website
Your permission to use the Website is conditioned upon your agreement that you:
- you are 18 years of age or older;
- will not copy or distribute any part of the Website in any manner without our prior written consent;
- will provide accurate information when creating an account or registering for our Website;
- will not allow others to use the Website under your User ID and account;
- are solely responsible for your User ID and the activity that occurs through your User ID;
- will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;
- are solely responsible for any content provided by you on the Website, including but not limited to any discussion posts, profile information, links and pictures including the ownership of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject to other’s proprietary rights;
- grant the Website and other users a non-exclusive license to read your materials and to use, reproduce, distribute, prepare derivative works of and/or display any materials provided by you (this is not applicable to personal information submitted to request services); and
- agree we have the right to remove any and/or all of your content and terminate your account with or without prior notice.
To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.
Because sharing User IDs is prohibited we assume that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at firstname.lastname@example.org.
We reserve the right to authorize the publishing of various content provided by you (hereinafter “User Generated Content” or “UGC”). You agree not to post or use any UGC in any way that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;
- violates the privacy, publicity, or other rights of third parties;
- is unlawful, false, inaccurate, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion; or
- could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violation of these terms, terminate user accounts or take other actions. We are not responsible for any harm to you caused by UGC.
By using the Website, You agree not to:
- conduct or promote any illegal activities;
- attempt to reverse engineer or interfere in any way with the functioning of the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);
- attempt to gain access to secured portions of the Website;
- use the Website to generate unsolicited email advertisements or spam;
- use any automatic or manual process to search or harvest information from the Website;
- interfere in any way with the proper functioning of the Website; or
- impersonate another user.
- Links to Other Sites
We may have links to third-party websites that are not owned, controlled or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products or services by the simple inclusion of a link to another website.
No Liability for Acts of Advertisers
You waive and release us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from, any claims, liabilities, damages, or injury arising from or related to any act or omission of any of the advertisers and/or any goods and/or services provided in connection therewith.
Likewise, we make no representations, endorsements, warranties regarding the merchantability, suitability, reputation, professionalism or any other warranties of any kind whatsoever regarding any advertisement on the Website.
Promotions, Sweepstakes and other Contests
We reserve the right to, on occasion, offer special promotions, contests and/or sweepstakes intended to provide you an incentive to use or promote the Website or engage with advertisers or others associated with the Website. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest or sweepstakes in our sole discretion, and you hereby agree to our interpretation.
We reserve the right to alter or discontinue the Website or any of the services provided through the Website at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below. A termination will result in the immediate cessation of your right to access the Website. The Disclaimers of Warranty and Limitation of Liability, Indemnity and all terms and conditions related to your Content shall survive the termination of this Agreement.
Disclaimers of Warranty and Limitations of Liability
We provide the Website and the related services “as is”, “whereis”, and “as available.” We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
In connection with the foregoing release, you hereby waive your rights under laws or regulations which state: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” or other similar language.
You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.
We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.
We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”) unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.
You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the UGC in any manner we choose.
If you believe we have infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to email@example.com or to the copyright agent on file with the U.S. Copyright Office with the Subject: “copyright notice.” Your notice needs to include: (1) 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) 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 at that site; (3) 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) 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) 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.
Modifications to the Agreement
Choice of Law and Dispute Resolution
To the maximum extent authorized by law, the laws of the State of Texas govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and us, our officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Website shall be decided exclusively by a court of competent jurisdiction located in Harris County, Texas.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. No one shall be deemed a third-party beneficiary to this Agreement.