ACCESS TO AND USE OF THE SITE AND THE SERVICES
You represent and warrant that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In any case, you affirm that you are over the age of 13, as the Site and Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Site or Service.
COLLECTION OF PERSONAL INFORMATION
You acknowledge that Company may collect and process "personal information" (i.e. information that could be used to contact you, such as full name, user name and password, phone number or e-mail address) or "demographic and usage information" (i.e. information that you submit, or that we collect, that is not personal information but necessary for the proper functioning of our Service, such as your personal interests and preferences), in connection with the Service. Demographic and usage information may also include transactional information based on your activities on the Site; Such information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Company makes no representation or warranty with respect to any duty to permanently store any personal information you may provide.
USE OF PERSONAL INFORMATION
Any personal information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your name, including first name and last name, (not your email address) may be displayed to other Users when you upload content or send messages through the Site. Any content that you submit to the Site may be redistributed through the Internet and other media channels, and may be viewed by the general public.
DISCLOSURE OF PERSONAL INFORMATION
Except as expressly provided herein, absent your prior consent, Company does not share your personal information with any unrelated third parties. Additionally, Company does not permit unrelated third parties to perform "reverse searches" whereby they could identify users from email addresses. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with the Services:
Advertisers. Company may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, Company does not disclose to these entities any information that could be used to identify you personally without your explicit consent.
Notwithstanding the foregoing, Company reserves the right, and you authorize Company, to share or disclose your personal information, including, without limitation, any content, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:
- you are interfering with Company's or a third party's rights or property;
- you are violating any applicable law, rule or regulation;
- necessary or required by any applicable law, rule or regulation; and/or
- requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.
In the event of a merger, acquisition, sale of substantially all of its assets or change of control of Company, personal information collected by Company about you will be considered a business asset and will be transferred to the applicable new entity.
NEWSLETTERS, NOTICES, ETC.
Company maintains a strict "no-spam" policy. If you register for the Service, you may receive Company's newsletter, notices and/or special offers via email, unless you have requested otherwise at the time of registration or as set forth below.
You may unsubscribe from Company's electronic newsletters, notices and/or special offers at any time by following the instructions contained at the end of every such email, or if a third-party vendor provides Company's newsletter, in accordance with the instructions provided by such third party. While all efforts are made to insure this information is viewable in all email browsers, there may be cases where certain email browsers do not display the unsubscribe information correctly. If you are having problems unsubscribing please forward the entire newsletter here
with the word "UNSUBSCRIBE" in the Subject line and you will be removed within seven (7) business days. Please note that direct replies to any newsletter are processed by computer and are not always viewed by a human.
"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer's hard drive. Company and third party advertisers may set and access cookies on your computer to track and store preferential information about you. Company and third party advertisers gather anonymous information about their users through cookie technology on an aggregate level only. Such aggregated information is used within Company's internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.
Web Beacons, also known as pixel tags and clear GIFs, ("Web Beacons"), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web Beacons is placed. No personally identifiable information about you is shared with third parties through the use of Web Beacons on the Site. However, through Web Beacons, we may collect general information that will not personally identify you, such as: Internet browser, operating system, IP address, date of visit, time of visit and path taken through the Site.
Internal use of Web Beacons. Company may use Web Beacons internally to count visitors and recognize visitors through cookies. Access to cookies helps Company personalize your experience when you visit the Site.
Email. Company may include Web Beacons in HTML-formatted email messages that Company sends to you. Web Beacons in email messages helps Company determine your interest in and the effectiveness of such emails.
External use of Web Beacons. Company may also use Web Beacons externally. For example, Company may report aggregate information about visitors, such as demographic and usage information, to its affiliates and other third parties. Company may also include other company's Web Beacons within the Site.
Personal information you submit to Company is password protected for your privacy and security. In the unlikely event that an unauthorized third party compromises Company's security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information.
LINKS TO OTHER WEBSITES
TRANSMISSIONS, SUBMISSIONS AND POSTINGS
Protecting the privacy of young children is especially important. For that reason, Company does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Site from persons under 13 years of age, and no part of our Site is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner. If Company learns that personally identifiable information of persons under 13 years of age has been collected on the Site without verified parental consent, then Company will take the appropriate steps to delete this information.
SPECIAL NOTE TO INTERNATIONAL USERS
IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
In the event that Company is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users and Members as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
QUESTIONS OR CONCERNS