We collect personal information you choose to share with us and our partners for a number of reasons, the primary ones of which are so we can provide you with a more customized experience and so we can determine products and services that you might be interested in and bring those to your attention.
By visiting or using the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Agreement.
You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. We do not knowingly collect or solicit Information from anyone under the age of 13 or knowingly allow such persons to register for the Service.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
By visiting or using the Services, you will be providing us or allowing us to collect Information and also personally consent to the collection, use and transfer of your information under the terms of this policy.
Information You Provide to Us
You don’t have to create an account to use some of our Services. However, by visiting or using the Services or by attending one of our events, we may collect a variety of information from you for that Service based on what you provide to us, such as: name, birth date or age range, gender, and email or physical address. If you are paying for the Service, standard payment and billing information is required. We do not require users to provide their race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual orientation or criminal record in their account. Please do not post or add personal data to your account that you would not want to be publicly available.
Depending on which Services you choose to use, additional information may be collected and stored, if necessary in order for us to provide a particular Service. Such information includes:
(i) biographical and professional information, association affiliation, demographic data, and financial information;
(ii) information responsive to polls or surveys, disclosed in applications for employment, or requested in order to provide information about our business, employment, products or services;
(iii) transactional information based on your activities on the Website;
(iv) shipping, ordering, billing and other similar information you provide to purchase or ship an item or service;
(v) community discussions, chats, dispute resolution, correspondence through the Website, and correspondence sent to us;
(vi) computer sign-on data, time and date data, statistics on page views, your IP address, your GPS location, the type of computing environment you use, and traffic to and from the Website (including data about you whenever you interact with the Website, such as when you search, click on links, send messages, make comments, replies or queries, and select best replies);
(vii) other technical information or data collected from Website traffic, including IP address and standard web log information and information gathered from cookies, beacons and other mechanisms;
(viii) supplemental or additional information we may request from you in the event previous information you’ve provided cannot be verified;
(ix) your content and any other information that you choose to make available via the Website or that other users of the Website share about you;
(x) information that you opened or otherwise interacted with an email and what email you opened or otherwise interacted with; and
(xi) other information that you voluntarily provide to us.
Information Collected Automatically By Us
Information from Third Parties and Advertisers
We work with third party advertisers, networks, and service providers who assist us in managing or providing the Service (e.g., payment processors) and who collect some of the information described above. These third parties also help us understand how users interact with our content or offerings. We may also collect contextual or demographic data about our users from third parties, in order to more effectively deliver the Service or content in which we think you would be interested. Unless you have been notified otherwise, all information collected through our authorized third party service providers remains governed by security and confidentiality obligations consistent with this Policy and applicable law.
Using Other Sites to Login to our Websites or Services
Some users may choose to connect to our Websites or Services using third-party account credentials (for example, your Facebook login or YouTube account). If you choose to connect your account using a third-party account, you understand some of your Information may be shared with us or the respective third-party platform. Your information may also be subject to separate policies of such third-party platform. You should review those policies before providing consent. Connecting your account to third-party applications or services is optional. You can revoke this permission anytime in your account settings.
Cookies and Similar Technologies
How we use your Information will depend on which Services you use, how you use those Services and the choices you make in your settings. The primary reason we collect Information is to provide and improve our Services, to allow us to work with our partners who contract with us to provide marketing services for their products and services, and to provide you with a more customized experience on our Services.
The following is a summary of more specific ways we may use your personal information:
We also use Information as otherwise described in this Policy, permitted by law, or as we may notify you.
4.1 Sharing by you
Certain Services offered are social by their very nature, so your participation in such a Service will allow others to see your name and/or username, profile picture, social profile, and any other content you upload or disclose through that profile.
4.2 Sharing by us
We share your Information with third parties as listed below and as otherwise described elsewhere in this Policy:
We employ and allow third parties to perform tasks on our behalf, such as payment processing, data management and analytics, marketing, advertising, communication and IT services, and we need to share your Information with them in order for them to provide such products and services. Unless we tell you differently or you consent otherwise, these third parties do not have any right to use your Information beyond what is necessary to assist us in providing such products and services. Any uses of your Information by these third parties will remain governed by security and confidentiality obligations consistent with this Policy and applicable law.
Subject to applicable laws, we may share your Information with companies with whom the Company is affiliated or related to (e.g., parent company or subsidiaries), and will require such affiliated or related companies to use the Information solely in accordance with this Policy.
Protection of Company and Others
We reserve the right to access, read, preserve, and disclose any Information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, interests, or safety of our Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Aggregated and Anonymized Information
We also may share (within our affiliated entities or with third parties) aggregated or anonymized information that does not explicitly identify you or any individual user of our Services. From time to time, the Company may provide demographic and statistical information to prospective partners for the purposes of securing advertising and/or for general promotion of the Service. This disclosure will not share any personal information of individual users but is intended to give a broad overview of the Service’s membership.
The security of your Information is important to us. We take commercially reasonable security measures, including administrative, technical, and physical safeguards, to protect your Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Information by selecting and protecting your password and/or other sign-on mechanism appropriately. To help protect your Information, you should not share your account information or password, reuse your password on other sites, or use a password you have used on other sites.
We endeavor to protect the privacy of your account and other Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
In order to provide the Service, the Information that we collect from you may be transferred to and stored at a destination outside of your country and the European Economic Area (“EEA”), and, in particular, the United States. It may also be processed by any service providers appointed by us who operate outside of the EEA and their staff. By submitting your Information, you agree to this transfer, storing or processing outside of the EEA or your country and acknowledge that not all countries guarantee the same level of protection for your Information as the one in which you reside. Data transferred will be treated in accordance with this Policy and, where applicable, the EU General Data Protection Regulation.
We will only collect and process Information about you where we have lawful bases. Lawful bases include consent (where you have given consent); via contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the Services you have requested)); to protect vital interest; and when we have “legitimate interests”, which includes direct marketing.
Where we process Information based on consent you may withdraw your consent at any time, but that will not affect the lawfulness of the processing of your personal data prior to such withdrawal.
Where we rely on legitimate interests as a basis for Information processing, you have the right to object. We may process your Information, including personal data, for the purposes of our legitimate interests or for the legitimate interests of third parties including our partners, provided that such processing shall not outweigh your rights and freedoms. For example, we may process your personal Information to:
If you have any questions about the lawful bases upon which we collect and use your Information, please contact us at email@example.com.
8.1 Right to Access and Control Your Information
We provide many choices about the collection, use and sharing of your Information.
Individuals located in certain countries, including the European Economic Area, have certain rights related to their personal Information. Subject to any exemptions provided by law, you may have the right to request the following for personal data that we have about you:
You may contact us using the contact information in Section 11 below, and we will consider your request in accordance with applicable laws.
8.2 What Choices You Have
You can always opt not to disclose Information or to disable certain tools on your browser or device. However, this may limit your ability to fully utilize the Service.
You may be able to add, update, or delete Information as explained above. When you update Information, however, we may maintain a copy of the unrevised Information in our records. Please note that some Information may remain in our records for legitimate business reasons even after your deletion of such Information, such as our analyzing aggregated data regarding past usage of the Service (but not in a manner that would identify you personally). Additionally, through Google’s security settings page, you may revoke consent to the use of API Data related to you that was accessed or stored by the Service pursuant to such consent. Company shall delete all such API Data no later than thirty (30) calendar days following such revocation.
If you don’t want to receive e-mail or other communications from us, you can adjust your email preferences from your account, or opt-out by clicking on the link provided in the emails.
Information you have shared with others (e.g. through comments or other posts) will remain visible after you close your account or delete the information from your own account, and we do not control data that other users copied out of our Services.
If you have any questions or concerns regarding our Policy, please send us a detailed message at the address below, and we will try to resolve your concerns.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal Information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: P.O. Box 128, Sparta MI 49345. We will respond to one request per California customer each year, and we do not respond to requests made by means other than as set forth above.
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of the Company, our users, personnel, or others. We attempt to notify users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency.
We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
Effective: January 1, 2019
WHAT ARE COOKIES?
“Cookies” are text files transferred to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are widely used to make websites work more efficiently, recognize your browser or device, improve your user experience, customize features and advertising, and provide reporting information about the Services.
You can configure your desktop or mobile browser’s settings to reflect your preference to accept or reject cookies, including how to handle third-party cookies (see How Can I Manage Cookies? below).
In addition to cookies, there are other similar technologies used by us and elsewhere on the web or in mobile sites or applications. Web beacons, browser storage and plugins and other technologies often work in conjunction with cookies, and may store small amounts of data on your device.
While specific types of cookies and technologies may change from time to time as we improve and update the Services, cookies used by the Services generally fall into the categories below:
WHAT THIRD PARTY COOKIES DO WE USE?
Our cookie table lists some of the third party cookies on our Services. Please note that the names of cookies, pixels and other technologies may change over time.
|Company & Cookie||Use|
_ga, _gid, _utmb, _utmc, _utmz, & _utmt
|We use Google’s Analytics service to discover which parts of our website are most interesting to our users so we can focus on where we need to make improvements that will have the greatest impact. In order for Google to determine whether a user action is unique or not, they use a number of different cookies, including the “_ga” cookie and the “_gid” cookie, for storing a unique user identity number. This number does not contain your personal information. If we are running a Google Analytics campaign, you may also see Google Analytics creating a “_gac_<property-id>” cookie for tracking each campaign. The _utmb and _utmc cookies work together to calculate how long a visit takes. _utmb takes a timestamp of the exact moment in time when a visitor enters a site, while __utmc takes a timestamp of the exact moment in time when a visitor leaves a site. __utmb expires at the end of the session. __utmc waits 30 minutes, and then it expires. You see, __utmc has no way of knowing when a user closes their browser or leaves a website, so it waits 30 minutes for another pageview to happen, and if it doesn’t, it expires. The __utmz keeps track of where the visitor came from, what search engine you used, what link you clicked on, what keyword you used, and where they were in the world when you accessed a website. It expires in 15,768,000 seconds – or, in 6 months. This cookie is how Google Analytics knows to whom and to what source / medium / keyword to assign the credit for a Goal Conversion or an Ecommerce Transaction. __utmz also lets you edit its length with a simple customization to the Google Analytics Tracking code. The _utmt cookie indicates a type of request, which is one of event, transaction, item or custom variable.|
HOW CAN I MANAGE COOKIES?
You can choose whether or not to accept cookies and other technologies, as explained below. However, you should be aware that disabling cookies may prevent you from enjoying the full functionality of the Services.
Most browsers allow you to change your cookie settings. The “Options” or “Preferences” menu of most browsers detail how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Your browser’s settings may also allow you to disable or delete similar technologies and data used by browser add-ons (such as Flash cookies), for instance by changing the add-on’s settings or clearing browser storage. Browser manufacturers provide help pages relating to cookie management in their products. Please see below for more information:
For other browsers, please consult the documentation that your browser manufacturer provides.
If you only want to limit third party advertising cookies, you can turn off most of these cookies by visiting the following links (but be aware that not all of the companies listed on these sites drop cookies via our Services):
You can also exercise your Website cookie preferences by visiting the TRUSTe preference center by clicking this link: http://preferences-mgr.truste.com/
Disabling Most Interest Based Advertising: Most advertising networks offer you a way to opt out of Interest Based Advertising. If you would like to find out more information, please visit http://optout.aboutads.info/?c=2&lang=ENor http://www.youronlinechoices.com.
Mobile Advertising: You can opt out of having your mobile advertising identifiers used for certain types of Interest Based Advertising, including those performed by us, by accessing the settings in your Apple or Android mobile device and following the most recent published instructions through the Digital Advertising Alliance’s YourAdChoices. In addition, on your iPhone, iPad or Android, you can change your device settings to control whether you see online interest-based ads. If you opt out, we will remove all data about you and no further data collection or tracking will occur. The random ID we (or our third party partners) had previously assigned to you will also be removed. This means that if at a later stage, you decide to opt-in, we will not be able to continue and track you using the same ID as before, and you will for all practical purposes be a new user to our system.
For Google Analytics, you can opt-out through Google Ads Settings, Ad Settings for mobile apps, or any other available means (e.g. the NAI’s consumer opt-out listed above). Google also provides a Google Analytics opt-out plug-in for the web.
Please note that even if you opt-out and limit cookies or these third party tracking technologies, they may still collect data and you may still see ads, but they will not be targeted based on information collected through these technologies.
WHAT IS DO NOT TRACK?
If you have disabled one or more cookies, we may still use information collected from cookies prior to your disabled preference being set, however, we will stop using the disabled cookie to collect any further information.
QUESTIONS OR CONCERNS
Effective: January 1, 2019
You agree that by registering, accessing or using our Services (as defined below), you are entering a legally binding agreement with COMPANY NAME (“FREEWIRE ”, “Company”, “we”, “us”, or “our”, including its subsidiaries). If you do not agree to the following terms, do not access or otherwise use any of our Services.
The Services means sites, products, or other offerings we provide, including but not limited to:
By using our Services, you are a “User” for purposes of this Agreement. By using or accessing the Services in any manner, you or the entity you represent (“you,” or “your”) agree that you have read and agree to be bound by this Agreement to the exclusion of all other terms. If you do not agree to all the terms and conditions of this Agreement (and third party terms where applicable), you have no right to use and should not use the Services.
We may modify this Agreement from time to time. If we make material changes to it, we will provide you with the opportunity to review the changes before they become effective. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.
2.1 Access to the Services
The Services are owned and operated by the Company. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Depending on which Services you use, you may be subject to additional terms set forth in Section 4 below (“Additional Terms”). The Additional Terms will control in the event of any conflict with the rest of this Agreement.
2.2 Service Eligibility
You may not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.
2.3 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the applicable Service or Website, or (2) sent to the contact information you provided us (e.g. email, phone number, physical address). You agree to keep your contact information up to date. This may include messages on behalf of our partners for purposes of marketing products, services and events to you. Please review your applicable settings, including cookies, and/or email preferences to control and limit messages you receive from us.
The Website, the Services, and their Content (as defined below) are intended solely for use by Users of the Services and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or through the Services (including, but not limited to videos, text, graphics, articles, photographs, images, and illustrations (collectively, the “Content”) are protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained therein, and shall not use, copy, reproduce, link to, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any of the foregoing for any purposes whatsoever: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Company reserves all of its intellectual property rights in the Website and Services. Using the Website and Services does not give you any ownership therein. Trademarks and logos used on and in connection with the Website and Services are the trademarks of their respective owners. Other Company trademarks, service marks, graphics, and logos used for our Website and Services are trademarks or registered trademarks of the Company.
3.1 Your Information
3.2 Other Users’ Content
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the User from which such Content originated and that Company will not be liable for any errors or omissions in any Content. You understand that Company cannot guarantee the identity of any other Users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which Users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3.3 Automated Processing
We will use the information and data that you provide and that we have about Users to make recommendations for content, products, events, and features that may be useful to you. Keeping your account accurate and up-to-date helps us to make these recommendations more accurate and relevant.
3.4 Availability; Access
We may change, suspend or discontinue any of our Services.
The Company reserves the right to limit your use of the Services and to restrict, suspend, or terminate your account if the Company believes that you may be in breach of this Agreement or law or are misusing the Services (e.g., violating any of the Dos and Don’ts).
3.5 Third Party Services
The Website or Services may link to, allow access to, from or otherwise incorporate websites, products or services offered by third parties not owned or controlled by Company or User Sites, as applicable (“Third Party Services”). Some of these Third Party Services include, but may not be limited to, Salesforce, Pardot, WordPresss, Survey Monkey, Shopify, Authorize.net, and others, all of which are incorporated and included in the term Third Party Services. When you access Third Party Services, you do so at your own risk and should make whatever investigation you feel necessary or appropriate before using such Third Party Service or conducting any transactions thereon. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services (“Third Party Policies”) and that you will act in accordance with those policies, in addition to your obligations under this Agreement. To the extent there is a conflict between any term in the Third Party Policies and this Agreement, the term in the Third Party Policies shall take precedence. Company has no control over, and assumes no responsibility for, the content, services, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Services. Company may modify or discontinue your use of, or access to, the Third Party Services, or any content or services available thereunder, at any time in its sole absolute discretion with or without notice to you. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Services, including without limitation any damages or losses incurred as a result of any transactions thereon.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.
THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, suppliers, licensors, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.
We aren’t responsible for the behavior of any third parties, linked websites, or other partners.
If you have a dispute with one or more Users of the Services or any Third Party Services, you agree that the Company is under no obligation to become involved and you hereby release the Company, its officers, employees, agents, affiliates, representatives and successors from claims, demands and damages (actual, direct and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, foreseeable or unforeseeable, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, those relating to payment obligations, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement (provided that if a separate written agreement with respect to Company products or services exists between you and Company, the terms and conditions of that written agreement shall take precedence over this Agreement in the event of any conflict), and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Kent County, Michigan, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Alameda County, California.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
The following list of “Dos and Don’ts” is intended to provide a set of rules governing your use of, and participation in, the Services. All Users must adhere to these Dos and Don’ts and failure to do so may result in the suspension of termination of your account.
You agree that you will:
You agree that you will not:
If you see something on the Service that you believe violates these Dos and Don’ts, please report it to us using the contact information provided in Section 17. We may, in our sole discretion, remove content that we believe violates these Dos and Don’ts or is otherwise objectionable even without receiving a complaint of a potential violation.
Our community is diverse and reaches beyond geographical borders, so please keep in mind that something that you may find objectionable may not violate our Dos and Don’ts.
Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/legislation/pl105-304.pdf).
The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, email address; 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent:
It is Company’s policy:
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of the content provider, member or user; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and 4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address: firstname.lastname@example.org.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at:
Effective: August 28, 2018
415.779.5515 | Contact Us