Last Updated: June 1, 2018
VidYen: Terms of Service
The terms “Provider” or “us” or “we” refer to the owner of the Site, VidYen, whose registered office is 2429 S. Sheridan Street, Philadelphia, PA 19148. The term “you” or “your” or “user” refers to the user or viewer of our Site.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. VidYen may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- VidYen’s Site and any content therein is for your general information and entertainment only. It is subject to change without notice.
- Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
- VidYen may, at any time, at VidYen’s sole discretion, and without notice or compensation, terminate the account of a user in violation of these Terms of Service. VidYen may also terminate, discontinue or suspend our Terms and Conditions and our Site at any time and may do so immediately without notice. Accordingly, we may deny you access to our Site for any reason or no reason, without any compensation whatsoever.
- Your user account and all its attributes, including but not limited to your avatar, content posted by you, VidYen Points, and any and all other virtual items, user rankings, or awards acquired are the sole and exclusive property of VidYen. VidYen shall have the right to display and publish any information (except certain personal information) relating to your participation on the Site, for example, in charts, lists, and rankings, without notice or compensation.
- The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of VidYen and other parties. You are prohibited from using any Marks for any purpose without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
- You shall be solely responsible for content you contribute to the Site and the consequences of submitting and publishing content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you hereby grant to VidYen an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license to exercise all patent, trademark, trade secret, copyright or other proprietary rights in and to all or any part of such content.
- VidYen may take any action it deems appropriate regarding any user content, including its removal from the Site, if VidYen believes, in its sole discretion, that such content is in violation of these Terms of Service or may expose VidYen to liability, harm anyone, or harm VidYen’s reputation or goodwill.
- VidYen may contain user profiles, messaging systems, reviews, ratings, comments, chat areas, forums, and/or other message or communication tools that allow users to communicate with one another. You may only use such communication tools to send and receive messages and material that are relevant and appropriate. VidYen cannot and does not assume any responsibility for the relevance, appropriateness, or legality of any content or images created by users or for any communication between users.
- Without limitation, while using VidYen, you may not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including VidYen staff, or use information learned from the Site to otherwise defame, abuse, harass, stalk, threaten, intimidate or mislead, or otherwise violate the legal rights of any other user.
- Publish, post, upload, distribute or disseminate any profane, defamatory, copyright infringing, obscene or unlawful material, image, or information.
- Use VidYen for any purpose in violation of local, state, national, or international law.
- Upload or otherwise use any software, files, or other material containing viruses, Trojan horses, phishing software, or any other similar material designed to collect private information or cause harm to any other Users.
- Upload or otherwise use any software, files, or other material intended to automate user participation.
- Upload or otherwise use any software, files, or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Represent or imply any affiliation or business relationship with VidYen nor any endorsement by VidYen of any goods or services advertised.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters through VidYen.
- Impersonate another person or a User or allow any other person or entity to use your account.
- Post the same content or comments repeatedly (“Spamming”). Spamming is strictly prohibited.
- Imply or state that any statements you make are endorsed by VidYen without the prior written consent of VidYen.
- Hack or interfere with the Site, its servers, or any connected networks.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by VidYen.
- Post content, including comments, to VidYen that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, homophobia, transphobia, misogyny, hatred or physical harm of any kind against any individual or group of individuals.
- Post content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
- Attempt to circumvent the payments system or service fees in anyway including, but not limited to, processing payments outside of VidYen.
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or identities.
- Share your personal contact information with other Users.
- This Site may provide links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
- All content, products and services on the Site, or obtained from a linked Site are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
- Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) any content provided on linked Sites or created by Site users (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
- The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.
- You agree that Provider, its affiliates, and any of their respective officers, directors, employees, or agents is neither responsible nor liable for any malicious or unauthorized code and you are solely responsible for ensuring you have appropriate scanning and protective mechanisms for the security of your equipment, programs and information and by using our Site or a linked Site you are assuming all risk of loss that may arise or be associated with the use of our Site or a linked Site. You further agree that Provider, its affiliates and any of their respective officers, directors, employees or agents will not be liable for matters arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a linked Site, even if Provider is made aware of the possibility of such damages. To the fullest extent permitted by law, we disclaim all liability for any loss, damage, cost or expense of any kind, direct or indirect, in connection with or arising from our Site or linked Site, content, any action taken (or not taken) as a result of our Site or linked Site or content or our terms and conditions, including but not limited to compensatory, consequential, incidental, special, exemplary and punitive damages, regardless of the form of action or basis of claim and whether or not any party has been advised of the possibility of damages. This limitation on liability also includes the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site or a linked Site.
- You agree to defend VidYen against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms and Conditions (“Claim”) and you shall indemnify and hold us harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.
- Our Terms and Conditions are effective unless and until terminated by either you or VidYen. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Site. VidYen may also terminate, discontinue or suspend our Terms and Conditions and our Site at any time and may do so immediately without notice, and accordingly we may deny you access to our Site for any reason or no reason.
- If any provision of our Terms and Conditions is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our Terms and Conditions, which shall remain in full force and effect. No waiver of any term of our Terms and Conditions shall be deemed a continuing waiver of such term or any other term.
- Nothing in our Terms and Conditions is intended to confer on any third party (whether referred to in our Terms and Conditions by name, class, description or otherwise) any benefit or any right to enforce any provision of our Terms and Conditions or any agreement entered into in connection with it.
- It is your exclusive obligation to maintain and control passwords to any account created through our Site. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
- You agree not to sell or transfer your account to any other person or entity, nor share your user name and password with any third party.
- Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the Commonwealth of Pennsylvania, United States of America and applicable federal law without regard to conflicts of laws principles.
- For purposes of this Section, the following definitions apply:
- “Confidential Information” shall mean: (1) information regarding a party’s financial condition, customers and customer lists, information systems, business operations, plans or strategies, product information, and marketing and distribution plans, methods, and techniques; (2) information that is marked “confidential,” “proprietary” or in like words, or that is summarized in writing as confidential prior to or promptly after disclosure to the other party or that the receiving party should reasonably understand to be confidential or proprietary based on the nature of the information or the circumstances of disclosure; (3) Nonpublic Personal Information (as hereinafter defined); and (4) the terms and conditions of this Agreement. All records, as well as any information contained within a record, shall be considered the Confidential Information of VidYen, but may be used by user solely for the purposes contemplated by this Agreement.
- “Consumer Information” means all information about a consumer, including, without limitation, all Nonpublic Personal Information (as defined below), contained in a record that has been provided to a party. Consumer Information is not Confidential Information of either party.
- “Nonpublic Personal Information” shall be defined with reference to the Gramm-Leach-Bliley Act of 1999, 15 U.S.C. §§ 6801 et seq., and applicable federal and state laws and regulations implementing the Act (collectively, the “Privacy Laws”). Nonpublic Personal Information shall include any information relating to an individual that is not Publicly Available Information (as hereinafter defined) and that the party in possession of such information is required by applicable law to preserve as confidential or otherwise protect.
- “Publicly Available Information”, in accordance with the Privacy Laws, shall mean: (1) any information that a party has a reasonable basis to believe is lawfully made available to the general public from: (a) federal, state, or local government records; (b) widely distributed media; or (c) disclosures to the general public that are required to be made by federal, state, or local law; and (2) any other information regarding an individual that the party in possession of such information is not required by applicable law to preserve as confidential or otherwise protect.
- Confidential Information. Each party shall hold the other party’s Confidential Information in confidence and shall safeguard it in the same manner as it would safeguard its own proprietary information and trade secrets, and shall use the other party’s Confidential Information solely for purposes of performing its obligations under this Agreement. A party shall not be obligated to protect Confidential Information to the extent such information: (i) is publicly known other than through a wrongful act or omission of the receiving party; (ii) was available to or already known by the recipient on a non-confidential basis prior to its disclosure by the other party; (iii) is developed by the recipient independently of any information acquired from the other party; (iv) becomes available to the recipient on a non-confidential basis from a third party, provided that the recipient has no reason to know that the third party is or may be bound by a confidentiality agreement with the disclosing party; or (v) is disclosed pursuant to a court order or the requirement of any governmental authority (in which case the recipient shall promptly notify the disclosing party of any such order or requirement, and cooperate, at the disclosing party’s expense, in any effort to obtain a protective order from the issuing court or governmental authority limiting disclosure and use of the information). Each party shall, immediately upon request or the termination of this Agreement, return or destroy all Confidential Information and all copies and embodiments thereof.
- Consumer Information. Each party shall comply with all federal, state and local laws and regulations with respect to Consumer Information and the collection, handling, delivery, processing and transmission thereof, including, without limitation, with respect to confidentiality and security and any consent or authorization necessary to use such information as contemplated hereby.
- Each party shall treat all Consumer Information in accordance with all Privacy Laws and other applicable laws, rules, regulations, including, without limitation: (1) as may be applicable to the use, unauthorized access, confidentiality and security of Consumer Information, and procedures relating to the foregoing, (2) all laws concerning the international transfer of Consumer Information, and (3) all laws applicable to email marketing and telemarketing activities (collectively, the “Data Laws”).
- Each party shall disclose Consumer Information only to its employees, officers, agents and any third parties (specifically meaning only insurance carriers or similar parties): (1) who have a need to know such Consumer Information for the purpose of responding to the Consumer’s request for products and information from such party; (2) who are informed of their obligations with respect to such Consumer Information; (3) in compliance with all Data Laws; (4) in properly secured or encrypted formats; (5) who are contractually bound to treat the Consumer Information in a manner no less protective than as required of each party hereunder; and (6) if such party remains liable for all acts and omissions of such persons or entities.
- Each party shall maintain appropriate physical, technical and organizational measures to protect all Consumer Information against accidental loss or unauthorized access, use, disclosure, alteration, or destruction. Each party acknowledges that the level of security that is appropriate shall depend on the sensitivity of the information, the risks represented by the processing of the Consumer Information, the harm that is likely to result from a breach of security, industry standards, and applicable law, including, without limitation, the Data Laws.
- Each party shall provide reasonable cooperation to the other party and any governmental authorities with jurisdiction to audit and verify such party’s data security systems and procedures in order to confirm such party’s compliance with these provisions and any applicable Data Laws.
- Required Disclosures. Either party may disclose Consumer Information or Confidential Information (as set forth above) as required by any applicable law, regulation, rule, court or administrative order or similar legal requirements. In the event of any such required disclosure, the disclosing party shall, to the extent permissible under applicable law, immediately notify the other in advance of such disclosure and cooperate in any effort to minimize the extent of such disclosure and maintain the confidentiality of such Consumer Information or Confidential Information. If disclosure of such information is required, the party ordered to comply with such disclosure request shall exercise its best efforts to obtain an order or other reliable assurances that Consumer Information and Confidential Information shall be treated confidentially by the proposed recipient thereof.
- Remedies. Notwithstanding the Termination provisions of this Agreement, each party acknowledges that due to the unique nature of the other party’s Confidential Information and Consumer Information, there may be no adequate remedy at law for any breach of its obligations under this Section, and that any such breach or any unauthorized use or release of any Confidential Information or Consumer Information may result in irreparable harm to the party originally providing such Consumer Information to the other party. Therefore, upon any breach or threatened breach, each party shall be entitled to appropriate equitable relief, including, without limitation, injunctive relief, in addition to all other remedies available at law.
- Indemnification. In addition to, and not in limitation of the remedies provided, above, a non-breaching party shall be indemnified by a breaching party for any loss, claim or harm, including, without limitation, reasonable attorney’s fees, suffered in connection with the unauthorized use or release of any Confidential Information or Consumer Information as prohibited hereunder.
- For purposes of this Section, the following definitions apply:
- VIDYEN POINTS
- VidYen Points (“Points”) are virtual currency valuable solely for use on the Site. Points are issued by the Provider and remain in the ownership and control of the Provider at all times. Points are not tangible property and are not redeemable for any sum of money or monetary value from VidYen.
- VidYen’s Site is not a currency or security exchange and may not be used as such.
- VidYen may add or subtract Points to or from a user’s account at VidYen’s sole discretion without notice and with no compensation.
- VidYen may, at any time, at VidYen’s sole discretion, and without notice or compensation, terminate the account of a user in violation of these Terms of Service. The user will not be compensated for unused Points in their account.
- Points may be awarded to users for completing various actions on the site (viewing content, commenting, referring friends, e.g.). Actions eligible for an award and the number of points awarded are subject to change without notice. Points awarded for any particular action shall not establish a pattern, and the same action may or may not result in Points awarded in the future.
- VidYen may offer the option to buy or sell Points to other users through the use of VidYen’s marketplace/auction system. Points may not be transferred to another user through any other means. While users may purchase Points with “real” money, Points purchased do not have a corresponding cash value.
- VidYen may increase or decrease the supply of VidYen points for any reason at any time, with no notice, thereby changing the exchange value of Points in the VidYen marketplace.
- LIMITATION OF LIABILITY. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS AND/OR CLAIMS RELATED TO A BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET FORTH HEREIN, NEITHER PARTY SHALL BE ENTITLED TO PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL VIDYEN BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF ANY PRODUCTS OR SERVICES, EVEN IF VIDYEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIDYEN’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO VIDYEN FOR THE PRODUCTS OR SERVICES OR ONE HUNDRED DOLLARS ($100).
- THESE TERMS AND CONDITIONS OF USE DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY STATED ABOVE ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED.
- INDEMNIFICATION. Except in the event of gross negligence or willful misconduct by VidYen, user shall indemnify and hold VidYen, its officers, directors, employees, successors and permitted assigns, harmless from and against any Losses (as defined below) arising out of, relating to, or incurred as a result of: (i) any failure by user to perform its obligations under this Agreement; (ii) the breach or inaccuracy of a representation or warranty made by user under this Agreement; (iii) any failure on its part to comply with applicable law; (iv) the negligence of user in the performance of its obligations under this Agreement; and/or (v) the infringement or misappropriation of any patent, copyright, trademark, trade secret, or other proprietary right of any third party in the performance of its obligations hereunder. For purposes of this Agreement, “Losses” means all out-of-pocket costs, fees, losses, damages, claims and expenses, including outside attorneys’ fees, disbursements and court costs, incurred by a party.
- No Joint Venture. This Agreement creates no partnership, joint venture, association, agency, franchise, contract of employment or comparable relationship between the parties, and neither party shall have the authority to bind the other party for any purpose not expressly set forth herein.
- Amendment. VidYen may amend this Agreement from time to time without notice to user. The top of this Agreement will contain the “Last Updated” date of this Agreement. User is required to check this date for any changes before using the Site. Any use by user of the Site shall be deemed to constitute agreement by user to the amended Agreement.
- COPYRIGHT INFRINGEMENT NOTICE: VidYen is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. VidYen will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees. Notification must be submitted to the following Designated Agent for these Services in the manner described below:
By Mail: VidYen, LLC
ATTN: Legal Department, DMCA Copyright Notices
1430 Walnut Street
Philadelphia, PA 19102
By Email: firstname.lastname@example.org
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit VidYen to locate the material;
- Information reasonably sufficient to permit VidYen to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
VidYen, LLC (hereinafter known as “Provider,” “us” or “we”) currently owns and operates this website (the “Site”). To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
We are committed to protecting your privacy and committed to developing technology that gives you the most powerful and secure online experience.
Billing and personal information is encrypted whenever transmitted or received online. Personal information is accessible only to staff, agents, or contractors of Provider.
This privacy statement applies to all Provider-owned web sites and domains. This privacy statement covers personally identifiable information, anonymous data collection and aggregate reporting. Personally identifiable information is any information that is associated with your name or personal identity.
What we collect
During the registration process, the types of personal information you provide to us may include name, address, phone, fax, email address, social security number, license number, date of birth, username and password, billing information, transaction, and credit card information.
We may also collect non-personal information, such as your occupation, zip code, area code, etc. so we may better understand our Site users to improve the services and products we offer.
How we use it
We use your personal information for the following purposes:
• To make the site easier for you to use by not making you enter your personal information more than once.
• To deliver services that you request or purchase.
• To help us create and publish content most relevant to you.
• To alert you of product upgrades, special offers, updated information and other new services provided from Provider.
• To provide feedback in an online survey.
• To participate in promotional offers. Note: You will be given the opportunity to notify us of your desire to not receive these offers by sending us an email request at contact us.
• To request assistance or fill out support requests.
Who we share it with
We never sell or rent your personal information. Provider may disclose your personal information if required to do so by law (for example, a subpoena) or regulation, or in good faith to (a) comply with legal processes served on the site, or (b) protect the rights and property of Provider, or (c) where our records indicate fraudulent activity or other deceptive practices that a governmental agency should be made aware of, or (d) where your communication suggests possible harm to others.
Provider may transfer information about Users if Provider is acquired by or merged with another company. Provider is not responsible for notifying User of such changes.
When you register, Provider will not share your information with third parties without your permission, other than for the limited exceptions already listed. It will only be used for the purposes stated above. We use personal information to reply to inquiries, handle complaints, provide operational notices, keep records up to date to notify you via periodic e-mails of technical service issues, specials, or other related product/service information. Your information may be shared with agents or contractors of Provider for the purpose of performing service for Provider.
The online registration at Provider is designed to give you options concerning the privacy of your credit card information, name, address, e-mail and any other information you provide us. Provider is committed to data security with respect to information collected on our site. We offer the industry standard security measures available through your browser called SSL encryption.
Security of your Personal Information
Provider strictly protects the security of your personal information. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your username and password, so do not share these with others.
We use SSL encryption when collecting or transferring sensitive data such as credit card and personal information. Credit card numbers are only used for processing payment and are not used for other purposes. Our efforts to protect credit card fraud help protect your financial data security.
Access to your Personal Information
We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time by logging into your account.
To protect your privacy and security, we will also take reasonable steps to verify your identity, such as password and username, before granting access to your data.
Provider Web sites use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Provider services or Web sites you visit.
Use by Children
We do not knowingly collect personal information from children under the age of 13 years, except where authorized by a parent or legal guardian of that child. In the event we are notified or learn that personal information of a child under the age of 13 has been received without the required authorization, we will delete the personal information as soon as possible.
31. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
32. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.