Who we are
Our website address is: https://squigglyword.org.
What personal data we collect and why we collect it
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
See Terms and Conditions below.
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. See detail in Terms and Conditions.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Who we share your data with
See Terms and Conditions below.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. See Terms and Conditions.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service. See detail in Terms and Conditions below.
TERMS AND CONDITIONS
Terms and Conditions of Use of the
Squigglyword Ministries
Website
(Rev. August 21, 2018)
LEGAL NOTICES - PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE COMPANY WEBSITE(S) (www.squigglyword.org), OWNED AND OPERATED BY SQUIGGLYWORD MINISTRIES (hereinafter "COMPANY").
ANY ACCESS TO AND USE OF COMPANY SITE INCLUDING ANY SERVICES, PRODUCTS OR INFORMATION ON THE COMPANY SITE, COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE (THE "COMPANY SERVICES") IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME BY COMPANY (THE "TERMS"). COMPANY SERVICES INCLUDES, BUT IS NOT LIMITED TO, THE ONLINE COMPANY SITE(S) AND SERVICES PROVIDED THROUGH SUCH SITE(S). THESE TERMS AND CONDITIONS APPLY TO ALL OTHER DOMAIN NAMES AND APPS ASSOCIATED WITH THE COMPANY SITE, INCLUDING OTHER DOMAIN NAMES REGISTERED BY COMPANY. BY ACCESSING, COPYING OR OTHERWISE USING THE COMPANY SITE, YOU AGREE TO BE BOUND BY THESE TERMS. COMPANY MAY CHANGE THE TERMS FROM TIME TO TIME AT ITS SOLE DISCRETION, AND YOUR USE OF THE COMPANY SITE OR SERVICES AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE COMPANY SITE OR SERVICES.
1. GENERAL SITE USE.
1.1 Personal and Internal Business Use Only and Copyright. Unless otherwise specified, the COMPANY Site is for your personal and internal business use only. The COMPANY Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Except as otherwise expressly permitted on the COMPANY Site, the COMPANY Site and content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without COMPANY's prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, COMPANY does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.
1.2 Payments. For your convenience, the costs and duration of your membership and other services are supplied to you on our Website. You are responsible for all costs associated with your use of your selected payment method including, for example, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. During the purchase process of your automatically renewing monthly subscription, you will be asked to indicate your preference for subscription amongst other things. Your selections and click through agreement to the same and these Terms may be recorded. COMPANY reserves the right to offer low cost, or free membership to any person(s) of their choice at any given time, for any duration, while charging other members, at the same time. COMPANY also reserves the right to cancel the low cost or FREE trial period or membership at any time, for all or any of its members. All purchases are non-refundable. All subscriptions purchased are set up to automatically renew every month until canceled. Look for PLATFORMPUB on your credit card statement. You may cancel future renewals through our contact form on our Website and indicate you wish to cancel the subscription, but you are responsible to pay for your previous subscription. The pricing of various service offerings may change from time to time via notice to you and is effective on your click through agreement or other methods of notice and consent. You may not advertise in excess of the tier you purchased; any attempt to do so may result your account being locked and cessation of COMPANY SERVICES.
1.3 Links to Other Materials. Linked Websites on the COMPANY Site are not under the control of COMPANY and COMPANY is not responsible for the content of any linked site or any link contained in a linked site. COMPANY reserves the right to terminate any link or linking program at any time. COMPANY provides such links only as a convenience to you. COMPANY has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to COMPANY Site, You do so entirely at your own risk.
1.4 Termination of Access or Account by Company: COMPANY reserves the right, in its sole discretion, to terminate or suspend your access to COMPANY Site or Services at any time, with or without cause, with or without notice. Upon termination of your access or account, your right to use COMPANY Site and Services immediately ceases.
1.5 Termination of Access or Account by You: You may terminate your Site or Services access or account at any time, with or without cause.
1.6 Account usage: You are solely responsible for all usage of your account. You shall not assign, transfer, resell, sublicense or otherwise distribute your right or access to your COMPANY account. Your COMPANY account is for your personal, household or business usage only. Your use shall comply with all applicable law and ethical conduct, and shall not, by way of example and not limitation, do the following:
* Post content that:
o is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
o harasses or advocates harassment of another person or contains content that violates the privacy or rights of others including for example the unauthorized use of likeness;
o involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
o promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
o promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
o contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
o provides material that manifests any person under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
o contains obscenity;
o provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
o offering money or other consideration in exchange for sex;
o solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes
* post, list or upload content in inappropriate categories or areas on our sites;
* breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
* use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;'
* interfere with any other user’s listings;
* transfer your account and user ID to another party without our consent;
* distribute viruses or any other technologies that may harm Company or the interests or property of users;
* use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Company;
* interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
* export or re-export any Company application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
* infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Company. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Company or someone else;
* infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
* commercialize any Company application or any information or software associated with such application, except with the prior express permission of Company;'
* harvest or otherwise collect information about users without their consent; or
* circumvent any technical measures we use to provide the Services.
1.7 Content Posted on the Site. Without waiver of any of the immunities provided to us as an interactive services provider under the Communications Decency Act ("CDA"), please take note that we prohibit anyone from promoting illegal activities or commercial activities of any kind in their profile or in messages sent on the site or arising out of information obtained from the Website or Services, including, but not limited to content listed in Section 1.5. If such conduct comes to our attention we reserve the right to, amongst other things, remove you from the site and ban you permanently and seek additional remedies. Furthermore you agree that:
a. You understand and agree that Company may review and delete any content, messages, posts, photos, videos, or profiles (collectively, “Content”) that in the sole judgment of Company violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
b. You are solely responsible for the Content that you post, publish or display on the Service, or transmit to other users.
c. While we may provide pricing, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, Company has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell; the ability of buyers to pay; or that a buyer or seller will actually complete a transaction.
d. By posting Content to any public area of Company Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You also agree that Company and related companies and authorized services providers may contact you through information manifested through the Website and Services via email, SMS, or otherwise to communicate with you regarding the Website and Service or to advertise to you goods and services or to send and receive communications from other Service members and Website users. You are fully responsible for all costs associated with the above communications such as for example the costs of SMS text messages.
e. Translation. Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment. You authorize us to use automated tools to translate your content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
1.8 Content Submission Quality Guidelines. Any content you post or submit must comply with the following guidelines:
1. User will submit original content.
2. User may not copy and paste text used on another Website into our portal. Your content must be original and of a high quality
3. User should submit as much quality information as possible.
1.9 Representations and Warranties: You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law in your state or country of residence for providing the required account information; (2) all information that you submit is true and accurate; and (3) you are an individual authorized to provide the account information (4) you have the right, authority, and capacity to enter into these Terms and to abide by all of these Terms. You agree to comply with your responsibilities and obligations as stated in these Terms.
2. TRADEMARKS. Unless otherwise indicated, all product and service marks and logos displayed on the COMPANY Site are subject to the trademark rights of COMPANY or other trademark owners as indicated. The absence of a product or service name or logo from this site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
3. Copyright Policy/DMCA. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, where applicable please provide our DMCA Copyright Agent with the following information as more specifically provided below in our DMCA policy. Counter notifications where applicable under the DMCA can be provided to the DMCA authorized agent indicated below.
DMCA Policy
COMPANY respects the intellectual property rights of others and expects its users and members to do the same. In accordance with the Digital Millennium Copyright Act COMPANY will respond expeditiously to claims of copyright infringement committed using the COMPANY Service or Website that are reported to the COMPANY Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the COMPANY Service or Website by completing the following DMCA Notice of Alleged Infringement and delivering it to the COMPANY Designated Copyright Agent. Upon receipt of Notice as described below COMPANY will take action pursuant to the DMCA, including where appropriate removal of the challenged use content from the Website or Services and/or termination of the COMPANY user’s account.
DMCA Notice of Alleged Infringement (“Notice”)
* Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
* Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the relevant website where such material may be found.
* Provide your mailing address, telephone number, and, if available, email address.
* Include both of the following statements in the body of the Notice:
* “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
* “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
* Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to COMPANY Designated Copyright Agent at: www.squigglyword.org/contact-us.shtml .
4. DISCLAIMER OF WARRANTIES.
4.1 General. COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE COMPANY SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE COMPANY SITE, SERVICES OR INFORMATION WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMPANY SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. COMPANY UNDERTAKES NO OBLIGATION TO UPDATE, AMEND, OR CLARIFY THE SITE.
4.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE COMPANY SITE, SERVICES AND INFORMATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE ENTIRE RISK ARISING OUT OF USE OF THE COMPANY SITE, SERVICES AND INFORMATION REMAINS WITH YOU.
5. LIMITATION OF LIABILITY AND REMEDIES.
5.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE COMPANY SITE OR SERVICES, EVEN IF THEY KNOW OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE AND YOUR ACCOUNT ON THE COMPANY SITE AND SERVICES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
5.2 Indemnification. You agree to defend, indemnify and hold COMPANY, its owners, members, managers, officers, directors, employees and agents, harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney's fees), which COMPANY, its owners, members, managers, officers, directors, employees or agents may hereafter incur, become responsible for or pay out arising out of your use of the COMPANY Site or Services or your breach of any term or provision of these Terms.
6. COMPANY Privacy Policy
6.1 You understand and consent to the COMPANY Privacy Policy ("COMPANY Privacy Policy"), as follows:
COMPANY values its visitors, members, and customers, and we are glad to have you visit us. We are committed not only to making great websites and services, but also to respecting the privacy rights of those who visit and use our website. This Privacy Policy provides a guide as to how we collect, store and use the information that you provide to us online, including how we may share information, and it will also let you know how you can change the way we may collect personal information from you. We also discuss notices of changes that may be made to this Privacy Policy. This Privacy Policy applies to any website or services owned or controlled by COMPANY and references to a "Site" are applicable to all such websites and services, including, but not limited to, the COMPANY Site.
WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?
The type of information that COMPANY collects will vary depending on the activity and may include what is known as "personally identifiable information" or "personal information" including, for example, your first and last name, e-mail address, account information for certain third party sites or networks such as Facebook, Google, or Twitter, phone numbers (including cell phone numbers), home address, business address, business information, website domain names, and zip code. Personally identifiable information can be accessed in order to directly contact you and to carry out our services. We also may collect additional types of personally identifiable information (e.g., credit card and billing and shipping information, including physical addresses and phone numbers) when someone purchases products and offerings at our Sites. Such purchases are governed by these Terms. We may share your personal information with third parties in order to provide our goods and services or to have them assist with fulfillment of the same, including, for example, shipping and credit card processing, and companies that assist us with e-mailings, but such third parties agree to maintain the security of your personal information in a manner consistent with this Privacy Policy. In addition, we may collect demographic information such as: gender; information about your computer, hardware, software and/or platform; Internet IP address and connection; information about online activity such as website usage and time spent on the COMPANY website; and other data that you may provide.
ELECTRONIC NEWSLETTER AND SUBSCRIPTION TO OTHER UPDATES ABOUT COMPANY
COMPANY may offer users the opportunity to sign up to receive an COMPANY newsletter as well as news, service, marketing and press updates related to COMPANY (collectively, "Updates"). COMPANY does not guarantee or promise the frequency in which Updates may be sent and reserves the right to discontinue sending Updates at any time. To sign up for Updates, you must be eligible to register with COMPANY and provide your e-mail address, first name, create a password and, at your option, a screen name. Information collected for COMPANY Updates may be transferred, disclosed, or shared with third parties who may be engaged by us specifically to handle the preparation and delivery of the Updates and perform other related technical and processing functions. These third parties may not use it for other purposes and have agreed to maintain the confidentiality of such information. Sign-up for Updates is always optional, and users who no longer wish to receive our Updates and communications may opt-out of receiving these communications by clicking on the "unsubscribe" link in the email or contact us through the customer service form, to opt-out.
POLICY AGAINST UNSOLICITED SUBMISSIONS
As further described in our Terms of Use, please note that COMPANY has a policy against accepting unsolicited material, so we ask that you do not submit any unsolicited or unique creative ideas, drawings or other materials to COMPANY directly or otherwise in connection with any posts you make to your account or in connection with additional facts or material you may provide in any posting on any of our Sites.
THIRD PARTY LINKS
To provide relevant information not found on COMPANY Sites, COMPANY may provide links from COMPANY Sites to third party websites. We encourage our users to read third party websites' privacy policies before submitting personal information.
CORRESPONDENCE WITH COMPANY
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on our Sites, we may collect such information into a file, which is only accessed by authorized personnel. We may also collect other users comments about you in our complaints department.
TRACKING INFORMATION OF OUR USERS
In the course of using our Sites, we automatically track certain information such as your IP addresses and email addresses. We may tie your IP address to your personally identifiable information. We may automatically track information through the use of a "cookie." A "cookie" is a piece of data stored on the users computer tied to information about the user. COMPANY may use cookies to collect non-personally identifiable information through the Sites. Some of our business partners may use cookies on our Sites (for example, advertisers). We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. However, we have no access to or control over these cookies, once we have given permission for third parties set cookies for advertising. Information we collect through cookies and other information from our log files about your activity on the Sites is used to help resolve technical problems or issues and may also assist in making your visit more enjoyable (for example, using a cookie will allow you to use certain features on our Sites without having to log in each time you visit). COMPANY may also collect IP addresses (an IP address is the string of numbers that identifies each sender or receiver of information that is sent across the Internet), for the purposes of system administration, to report aggregate information internally and to some of our business partners and advertisers and to audit the use of our Sites. When visitors request pages on one of our Sites, our servers may log the visitors IP addresses. We collect log files that record activity on our Sites and gather statistics about visitors time and activity on the Sites. The statistics are generated anonymously, and they help us in connection with marketing and demographic studies as we enhance our Sites. COMPANY does not normally link IP addresses to anything personally identifiable, which means that a users session will be logged, but the user remains anonymous to us. COMPANY can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Use, to protect our services, Sites or a person or entity. If we are going to use your personally identifiable information in a manner different from that stated at the time of collection, we will post a notice prominently on our Sites. You will have a choice as to whether or not we use your information in this different manner. In some cases where we post the notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices. Your use of Other Users Information You may not use other Site users information for commercial purposes, to spam, to harass, or to make unlawful threats. COMPANY reserves the right to terminate those who misuse other users information or who otherwise violate the COMPANY Terms of Use.
CONTROL OF YOUR PASSWORD
If you register on an COMPANY Site and create a password, you may not disclose your password to any third parties or share it with any third parties. If, despite the foregoing, you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. Reviewing, Changing or Deleting Your Personally Identifiable Information Once you register, you may be able to review and change much of your personally identifiable information at COMPANY including: Your email address, password and subscription settings. Please promptly update your information if it changes by logging in to your account if applicable and following the screen prompts. We strongly urge you to periodically change your password to help reduce the risk of unauthorized access to your account information. We will retain in our files information, including personal information, you have requested to remove in some circumstances, such as to resolve disputes, troubleshoot problems, comply with contest rules and law, comply with industry rules and regulations, enhance security, reduce fraud, comply with federal and state law and to enforce our Terms of Use. This Privacy Policy covers only information that is collected through our Sites, and does not cover information that may be collected through software downloaded from the Sites. Our Sites may contain links to other websites. Please be aware that COMPANY is not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our Site(s) to read the privacy statements of each and every website that collects personally identifiable information.
Wish to Contact Us? If you have any questions regarding our Privacy Policy, please contact us through the Customer Service form.
Special Note to Parents and Guardians Anyone using the Internet should ensure that their privacy is being protected. This is especially true for kids under the age of 13 (defined herein as a "child" or, if the reference is to more than on child, then we will refer to "children"). COMPANY is committed to complying fully with the Children's Online Privacy Protection Act of 1998. We ask parents and guardians of children to discuss what information should be released on the Internet, especially personal information. COMPANY does not condition a childs participation in any of the activities available on our Sites on the disclosure of more information than is reasonably necessary to participate in the activity. COMPANY does not knowing collect personally identifiable information from children under the age of 13. Note that COMPANY may collect personally identifiable information from users of the Sites who are over 13 and under 18, and the collection and retention of this information is subject to the terms of this Privacy Policy. When a user in the 13-18 year old age category submits personally identifiable information, COMPANY may, in accordance with applicable laws or regulations or at COMPANY's discretion, request a parent or guardian's e-mail address to notify the parent or guardian of the activity of the user in this age category. In accordance with applicable rules and regulations, or at COMPANY's discretion, some areas of our Sites may not be accessible to anyone under the age of 18, regardless of whether a parent or guardian has provided consent.
ADDITIONAL PROVISIONS FOR EUROPEAN UNION USERS
COMPANY endeavors to comply with the EU Data Protection Directive 95/46/EC for the collection, use and retention of information from the European Union. You have the right to limit the use and disclosure of your personal data. Your personal data may be transferred to COMPANY's business partners outside the European Economic Area for processing, use and retention, in which event, such business partners' access, use, and disclosure of the personal data must also be in compliance with COMPANY's obligations.
For any issues you may have regarding COMPANY's privacy policy and the collection, use and retention of information from the EU or to request access to your personal data, you may contact COMPANY at CUSTOMER SERVICE FORM.
SECURITY
COMPANY has security measures in place to protect and prevent the loss, misuse, and alteration of the information under our control. COMPANY uses industry standard efforts to safeguard the confidentiality of your personal identifiable information such as firewalls. While "perfect security" does not exist on the Internet, our technical experts at COMPANY work hard to ensure your secure use of our services.
MERGER OR ACQUISITION
While COMPANY does not sell, rent, or otherwise disclose personal information collected from and about its users (including children under 13) to third parties except as specifically stated in this Privacy Policy, please note that in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, COMPANY's customer information (including your personally identifiable information) may be transferred to COMPANY's successors or assigns, if permitted by and done in accordance with applicable law.
6.2 Any dispute relating to the COMPANY Privacy Policy shall be governed by these Terms, as well as those set forth in the COMPANY Privacy Policy itself.
7. GENERAL TERMS.
7.1 Modification. COMPANY reserves the right at any time and at its sole discretion to change the terms, conditions, and notices under which the COMPANY Site or Service is offered, including but not limited to the charges associated with the use of the COMPANY Site or Service. COMPANY may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the COMPANY Site. COMPANY also reserves the right at any time and at its sole discretion to modify or discontinue, temporarily or permanently, the COMPANY Site (or any part thereof) with or without notice. You agree that COMPANY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the COMPANY Site .
7.2 Assignment. You may not assign any rights in, nor delegate any obligations under, the Terms or any portion thereof without the written consent of COMPANY. Any attempt to do so shall be deemed a breach of the Terms.
7.3 Jurisdiction. THESE TERMS SHALL BE GOVERNED BY AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
7.4 ARBITRATION OF DISPUTES.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THESE TERMS), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS before a retired judge in Laramie County in Cheyenne, Wyoming USA. In the event such a JAMS proceeding is unavailable for any reason, such disputes shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section and Section 7.5 below are subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between the parties. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section 7.4 shall be deemed to prohibit COMPANY from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve its or its licensors’ intellectual property rights or rights in or to confidential information.
7.5 CLASS ACTION WAIVER.
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST COMPANY OR OTHER PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
7.6 Equitable Relief. You recognize and acknowledge that a breach by you of any of its obligations under the Terms will cause COMPANY irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of COMPANY's goodwill, reputation, or rights in the COMPANY Site, COMPANY shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
7.7 Entire Agreement. The Terms embody the entire agreement and understanding between COMPANY and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.