EFFECTIVE DATE OF TERMS OF SERVICE: March 24, 2016

 

MeSpoke, LLC ("Company") is a subscription-based website and application that connects retailers and brand owners with consumers, and provides information and analytics to its paying subscribers. For this purpose, we provide you with the www.mespoke.com website, mobile application, features, content and any third-party platform plug-ins that we may or may not create, including the public and paid areas thereof (collectively, the "Website" or the “Service”).

 

The Service is provided by MeSpoke, LLC, and in this document we will refer to our company as “Company,” “we,” “us,” or “our.” These Terms of Service (collectively with Company’s Privacy Policy) set forth the terms and conditions that govern your use of our Website and Service.

 

Consent of User

 

PLEASE READ THESE TERMS OF SERVICE FULLY AND CAREFULLY BEFORE USING OUR WEBSITE OR SERVICE. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE OR SERVICE.

 

By continuing to access or use this Website, or any service on this Website, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference. Company reserves the right to modify the Terms of Service at any time, and from time to time, without notice to you. Such modifications shall be effective immediately when posted to the Website. 

 

Accordingly, you should review these Terms of Service whenever accessing or using the Website. Your access or use of the Website, or any service on this Website, after the posting of modifications to these Terms of Service will constitute your acceptance of the Terms of Service, as modified. If, at any time, you do not wish to accept the Terms of Service, you may no longer access or use the Website. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Any terms and conditions proposed by you that are in addition to or that conflict with the Terms of Service are expressly rejected by Company and shall be of no force or effect.

 

Company's Intellectual Property

Generally.      This Website, including, but not limited to, text, content, photographs, video, audio, graphics, goods, data, software, scripts and the Service generally is owned exclusively by Company (its licensors or licensees) and is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works.

 

User Compliance.   You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Company, its corporate parents, affiliates and subsidiaries (collectively, the “Company”) and others (including certain other third-party information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others.

 

Protection of Information.   You agree to protect the proprietary rights of the Company in and to the intellectual property and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Company or its suppliers and licensors of content, equipment, or otherwise (the “Suppliers”) to protect their and others' contractual, statutory, and common law rights in the Service. You agree to notify Company in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.

 

Ownership.   All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology, and any information entered by you into the Service) are reserved to the Company for its exclusive use.

 

Limitation.     Except as specifically permitted by these Terms of Service, you may not reproduce, modify, publicly display, or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the present and future rights in Company’s intellectual property or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Company’s prior written approval.

 

User Generated Content

Any and all video, text, photos, pictures, graphics, comments, and other content, data or information that users upload, store, transmit, submit, exchange or make available to or via the Service (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Company. Company does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. Without prejudice to the conditions set forth in Your Use of the Website you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Website) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Website, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.  This also includes, but is not limited to any Content that invades any third party's rights of privacy or publicity, which, by posting any material or Content to the Website, you hereby warrant and represent does not infringe any third party's rights of privacy or publicity, or defames any third party, or infringes any third party's intellectual property, including those of copyright and trademark.

 

Grant of License

By uploading or posting Your Content to the Website, you direct Company to store Your Content on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Website and elsewhere using the Services. To the extent it is necessary in order for Company to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use, including the distribution of advertising or other promotional material on our Website and/or to enable your use of the Website, and to display any material posted by you, you hereby grant such licenses to Company on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

 

By uploading Your Content to the Website, you may grant a license to other users of the Website, and to operators and users of any other websites and/or platforms to which Your Content has been shared or embedded, to use, copy, view offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, your Content utilizing the features of the Website from time to time, and within any parameters set by you using the Services. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Website with respect to any copyright, proprietary name, logo, trademark or service mark, privacy or publicity rights uploaded by you as part of your Content, other than pursuant to any license which you may grant.

 

The licenses granted in this section are granted separately with respect to each item of your Content that you upload to the Website. Licenses with respect to video Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. Licenses with respect to comments or other contributions that you make on the Website will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.  Removal of video Content from your account will automatically result in the deletion of the relevant files from Company’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a third party, Company is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any other party, or to require that any user of the Website or any third party deletes any item of Your Content. Any Content other than Your Content is the property of the relevant uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights, including rights of publicity and privacy. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Website from time to time and within the parameters set by the express written consent of the uploader. Where you repost another user’s Content, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant uploader.

                       

Restrictions on Use

You agree to use the Service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You shall not use the Service for any illegal purpose or in any manner inconsistent with these Terms of Service. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the Company. You shall not copy, reproduce, recompile, decompile, disassemble, decipher, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, attempt to derive any source code or underlying ideas or algorithms of or in any way exploit any part of the Service, or the user generated content, except that you may download material from the Service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices therein; and provided, with respect to any user generated content, you obtain the appropriate license. You may not re-circulate, redistribute or publish the information included in the Service without Company’s prior written consent.

 

Modification of the Service's content would be a violation of the copyrights and other proprietary rights of Company and/or its corporate parents and/or its subsidiaries. Additionally, you may not offer any part of the Service for sale or distribute it over any other medium, including, but not limited to, over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet, via mobile devices or in any other format, electronic or otherwise, without the prior written consent of Company.

 

You may not use any of the trademarks, trade names, service marks, copyrights, or logos of Company and/or its corporate parents or its subsidiaries in any manner that creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Company’s consent, and you acknowledge that you have no ownership rights in and to any of such items. When sending information to third parties via the service, you shall: (i) not upload or send any message that is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (ii) not upload or send any commercial, promotional, or solicitation information except as expressly authorized herein; and (iii) remain civil and treat all recipients of such information with respect and sincerity. You also agree to comply with any other applicable terms and conditions of service set forth on the Service.

 

License

To You.  Notwithstanding anything to the contrary contained herein, on the Website, or in any other document or communication provided to you by or between you and the Company, you do not acquire any rights or licenses in or to the Website, the Service and/or the information or materials contained within the Service other than the limited and revocable right to utilize the Service in accordance with the these Terms of Service while you remain a customer in good standing with the Company. Should you choose to access or download content from the Service, you must do so in accordance with these Terms of Service, which included obtaining any required licenses. Such access or download is revocably licensed to you by the Company for your own personal, noncommercial use in accordance with these Terms of Service and does not transfer any other rights to you.

 

By You.  By submitting information, data, or materials of any kind (“Content”) to the Website, the Service, or to Company or its representatives, unless Company indicates otherwise in advance, you grant the Company a worldwide, nonexclusive, royalty-free, fully paid, transferable, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such Content throughout the world in any form, media, or technology now known or hereafter developed solely for the purposes related to the Website and the Service. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit, that the material you submit is truthful and accurate; that use of the Content you supply does not violate these Terms of Service and will not cause injury to any person or entity or violate any third party rights, whether based on infringement of intellectual property (includingbut not limited to copyrights and trademarks) or rights of privacy and publicity; and that you will indemnify the Company and its agents, directors, officers, managers, employees, representatives, successors, and assigns for all claims resulting from violation of the foregoing by Content you supply.

 

Limitation of Liability.   The Company and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any Content submitted by you or any third party, or for your use of any similar Content submitted by any other user or third party.

 

Fees and Payments

Generally. Company reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time Company requires a fee for portions of the Service or the Service as a whole, Company will require you to register and create an account, and may require you to provide payment information in advance of accessing the Service. 

 

Payment. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Service by the Company or by any other vendor or service provider. All fees and charges shall be billed to you in accordance with the normal billing practices of Company and the Website, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services.

 

Prepaid Fees. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time in Company’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Company receives all fees and charges payable by you in advance, including any Prepaid Fee.

 

Account Creation and Registration

Account Creation. As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will be required to select a username and a password. You will provide Company with certain additional required registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username to which another person has rights without such person's authorization; or (iii) use a username or password that Company, in its sole discretion, deems offensive, inappropriate or not sufficiently secure.  Company reserves the right to deny creation of your account based on Company’s inability to verify the authenticity of your registration information. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.

 

Account Confidentiality. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Company of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username, password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service.

 

Account Termination. Company reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by following the procedures to do so set forth on the Website. Upon properly submitting a termination request, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated.

 

Claims Resulting from Misuse. Notwithstanding anything to the contrary contained herein, Company reserves the right, including after the termination of your account or the withdrawal of your consent to these Terms of Service, to pursue any and all claims against any user of your account.

 

DISCLAIMER AND LIMITATION OF LIABILITY

 

YOU AGREE THAT YOUR USE OF THE SERVICE, THE WEBSITE, AND/OR ANY OTHER INFORMATION OR SERVICE PROVIDED BY THE COMPANY IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

The Company does not warrant that the Website or the Service is compatible with your equipment or that the Website, the Service, or any communication sent by the Company or by third parties via the Service, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that the Company and its agents, directors, officers, managers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of the Company, its parent, or their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partner(s), subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against the Company by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.

 

The content of other websites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by the Company. The Company is therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to, or advertised on, the Service. The Company does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Websites, services, goods, or advertisements that may be linked to the Service. The Company is also not responsible for the reliability or continued availability of the telecommunications conduits, communications media, and equipment you use to access the Service. You understand that the Company and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under these Terms of Service, and that if they do so you may no longer have access to such content.

 

Neither the Company nor its suppliers, agents, directors, officers, employees, representatives, successors, or assigns shall be liable to you for direct, indirect, incidental, consequential, special, punitive, or exemplary damages, even if the Company has been advised specifically of the possibility of such damages, arising from use of or inability to use the Website, the Service or any data contained therein, or via links or items on the Service or any provision of these Terms of Service, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall the Company's total liability to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.       

 

Authority. You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years of age, or have reached the age of majority in the jurisdiction in which you are or in which you reside, whichever is greatest. 

 

Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless the Company, its agents, directors, officers, managers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with violation of these Terms of Service, the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer or other device's use of the Service; (ii) use by you or someone other than you using your account; (iii) a violation of these Terms of Service by you or anyone using your computer (or account, where applicable); (iv) any claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer, device or account, where applicable; (vi) any misrepresentation by you or breach by you of any representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defense. You acknowledge and agree to pay the Company's reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by the Company under these Terms of Service and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify the Company pursuant to these Terms of Service.

 

User warranties and representations

You hereby warrant and represent that any content that you post on Company's website does not infringe the rights of any third party, including intellectual rights of copyrights and trademarks, trade dress or any other intellectual property rights, nor does it infringe or violate any person's rights of privacy or publicity, nor does it defame or disparage any third party.

 

Termination

You may terminate these Terms of Service, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service.

 

You agree that, without notice, Company may terminate these Terms of Service, or suspend your access to the Service, with or without cause at any time and effective immediately. These Terms of Service will terminate immediately without notice from Company if you, in Company’s sole discretion, fail to comply with any provision of these Terms of Service.

 

The Company shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of these Terms of Service by you or Company, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.

 

Governing Law. These Terms of Service shall be governed and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in the State of Florida with respect to any proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of these Terms of Service.

 

Linking and Framing

You may not link to or frame this Website, the Service or any portion thereof, except as provided herein.

 

Intellectual Property. Upon linking to this Website pursuant to these Terms of Service, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the MESPOKE mark owned by the Company solely for providing an underlined, textual link from your Website to MESPOKE.COM or the Service. No other use of the Company's marks, names or logos is permitted without express written permission from Company.

 

Restrictions on Linking. Without limiting other provisions contained in these Terms of Service, you may include a link(s) on your website to MESPOKE.COM or the Service 's publicly accessible web pages (i.e., any webpage which does not require a login and password and/or restrict access). You may not link to MESPOKE.COM or the Service from any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic(s), name(s), or material, or information that violates any applicable intellectual property, proprietary, privacy or publicity rights or Company or any third party.

 

Restrictions on Framing. Company is concerned about the integrity of this Website and the Service when either is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Company prohibits activities such as bringing up or presenting content of this Website within another Website (“framing”). In this regard, without limiting the provisions contained in these Terms of Service, you may not frame any webpage or content from MESPOKE.COM or the Service, except with our express written permission. Further, you may not archive, cache, or mirror any MESPOKE.COM webpage, any part of the Service, or any portion thereof or content therefrom. Any violation of the foregoing is a violation of these Terms of Service. If you would like to use, reprint, frame, or redistribute any MESPOKE.COM content other than as permitted herein, you must request permission from Company in writing by emailing Company. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the website address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or webpage(s) of this website which you would like to use.

 

Intellectual Property Claims and Issues

            Generally. Please send general inquiries regarding intellectual property issues to [EMAIL ADDRESS].

 

Copyright Agent for Copyright Infringement Claims (DMCA). The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is:

 

[PERSON]

 

 

Trademark Notice.  “MeSpoke,” “MeSpoke, LLC.” the Company logo and certain other identifying information are trademarks of Company, Inc., all rights reserved.

 

Privacy Policy.

Your privacy is important to us. This Privacy Policy explains how we collect, store, use and disclose your information when you use the Website and the Services. By using the Website or any of the Services, and in particular by registering a Company account, you are consenting to the use of your information in the manner set out in this Privacy Policy.

 

For your convenience, information relating to our use of cookies and similar technologies is set out in a separate Cookies Policy. The Cookies Policy forms part of the Privacy Policy, and whenever we refer to the Privacy Policy, we are referring to the Privacy Policy incorporating the Cookies Policy.

 

Please take some time to read this Privacy Policy (including the Cookies Policy), and make sure you are happy with our use and disclosure of your information. If you do not agree to any of the provisions of this Privacy Policy, you should not use the Website or any of the Services.

 

Please note that this Privacy Policy only applies to the Website and the Services. When using the Website, you may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. Company is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your Company account or sharing any personal data.

 

Information we collect about you.  You don’t need to provide us with any personal data in order to visit the Website. However, certain Services do require that you register for a Company account and, by doing so, you will provide us with certain personal information.  When you register any kind of Company account, you will need to provide your email address and choose a password. In some circumstances, you may also need to provide your real name, billing address and payment verification information.  You may provide your gender if you wish. You may choose, at your discretion, to provide additional information for your public profile on Company, e.g. your real name, a user name, the city and country in which you live, a profile picture, profile header image or avatar information about how you categorize yourself with respect to your content, details of your other websites and social media profiles, including links to those websites and profiles. None of this profile information is mandatory, and any information you do provide may be deleted, edited, changed or amended by you at any time.

 

Information from correspondence. You will provide certain personal data if you contact us by email or contact us by mail, fax or other offline means.

 

Information that you post. You may provide personal data when you upload Content to the Website, or when you post comments, or contribute to community discussions.

 

Information we collect automatically.  There is certain information that we collect automatically as the result of your use of the Website, or through the use of web analytics services as described in our Cookies Policy. This information includes but is not limited to: the Internet Protocol (IP) address of the device from which you access the Website (this can sometimes be used to derive the country or city from which you are accessing the Website) the site that you visited immediately prior to visiting the Website the specific actions that you take on the Website, including the pages that you visit, streaming or downloading, uploading, connecting your other accounts, posting a comment, or performing a search any search terms that you may enter on the Website the time, frequency and duration of your visits to the Website, your browser type and operating system, the nature of the device from which you are accessing the Website, your location data (e.g. GPS) when using Company, information collected through cookies and similar technology, as described in our Cookies Policy, information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message

 

How we use your information. We use the information that we collect about you for the following purposes:

Use of and interaction with the Website;

To operate and maintain your Company account, and to provide you with access to the Website and use of any Services that you may request from time to time. Your email address and password are used to identify you when you log into the Website;

To identify you as the creator of the Content that you upload, the comments that you post and/or the other contributions that you make to the Wesbite;

To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate;

To provide you with technical support;

To respond to you about any comment or inquiry you have submitted;

To prevent or take action against activities that are, or may be, in breach of our Terms of Use, Community Guidelines or applicable law.

 

We may use your month and year of birth to enable age restriction. Any additional information that you provide as part of your public profile, such as your real name, and links to your website and other social media profiles (but not your email address), may be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Website or using the Services.

 

Your email address will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account preferences) newsletters, marketing messages and certain email notifications.

 

We may use your information for other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.

 

Sharing of your information. We will not share your information with any third party, except as described in this Privacy Policy (including our Cookies Policy). There are circumstances where we may need to share some of the information we collect about you or which you provide to us - these circumstances are as follows:

 

Other users: Any information in your public profile (other than your email address) will be accessible by other users of the Website, who may view your profile information, and comment on any of your Content, and send you messages.

 

With your consent: We will disclose your information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.

 

Service providers: We use certain reputable third parties to provide us with certain specialized services related to the Website. These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their services to us. Where we transfer personal data to these third parties, we ask and require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal data, and only to process personal data in accordance with our instructions and to the extent necessary to provide their services to us.

 

As aggregated data: We may aggregate your personal data with similar data relating to other users of the Website in order to create statistical information regarding the Website and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually, either online or in real life.

 

If required by law: We will disclose your information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.

 

To protect our interests: We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Website and/or the Company community.

 

In the context of a business transfer: We may transfer your information to any person or company that acquires all or substantially all of the assets or business of Company, or on a merger of our business, or in the event of our insolvency.

 

Cookies and similar technology

In common with most websites, we use cookies and other standard Internet technologies to help us improve the Website and the Apps and Services we provide. We have included information about our use of cookies and similar technology in a separate Cookies Policy that forms part of this Privacy Policy. The Cookies Policy also includes information about how you can block or disable third party cookies (which we only use for the purposes of analyzing the use of our Website and optimizing the content on our Website), and how to opt out of other technologies such as bug reporting within our mobile apps. Ads displayed to you are in some cases provided by third parties. These may and as far as allowed by your settings or your device, use information about your visit and interaction with the Website in order to show you personalized ads of products and services that may be of interest to you. Personal information such as your name or email address will not be shared with these. We have done our best to provide you with as much information as possible about our use of cookies and similar technology. If you choose to use the Website without blocking or disabling these cookies or opting out of other technologies as described in our Cookies Policy, you will indicate your consent to our use of these technologies and to our use (in accordance with this Privacy Policy and our Cookies Policy) of any personal data that we collect using these technologies.

 

Please note that this Privacy Policy does not apply to any third party sites or applications, and we cannot control the activities of those sites or applications. You are advised to read the privacy policies of those sites or applications before sharing your information with, or connecting your Company account to, any of these third party sites or applications.

 

Deleting your account. You can delete your account from the Account page on the Website at any time. Please bear in mind that, if you delete your account, all data associated with your account, including content that you have uploaded and the associated usage, will be deleted and may not be recoverable. You are therefore advised to copy or back up all content uploaded to your account before you delete your account. Even if you delete your Company account, it is possible that your information may still show up in some internet search results for a short while afterwards, if the search engine maintains a temporary cache of web pages. Search engines' caching processes are outside of Company’s control and therefore we cannot be responsible for any information that remains cached by search engines after that information has been removed from the Website.

 

Children. Company is not intended for use by children. Anyone under the age of 13 is not permitted to use the Website and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible.

 

Changes and updates to this Privacy Policy. We may occasionally update this Privacy Policy. Any changes to our Privacy Policy will always be available here so that Company users are always aware of what information we gather, and how we might use and share that information. Please be sure to check back here from time to time to ensure that you are aware of any changes to this Privacy Policy. Any material changes to this Privacy Policy will be communicated to registered users by a notification to their account and/or by posting a notice of the change on the Website.

 

Cookies Policy

This Cookies Policy forms part of our general Privacy Policy. In common with most other websites, we use cookies and similar technologies to help us understand how people use Company so that we can keep improving our Website. We have created this Cookies Policy to provide you with clear and explicit information about the technologies that we use on Company, and your choices when it comes to these technologies.

If you choose to use the Website without blocking or disabling cookies or opting out of other technologies, you will indicate your consent to our use of these cookies and other technologies and to our use (in accordance with this policy and the rest of our Privacy Policy) of any personal information that we collect using these technologies. If you do not consent to the use of these technologies, please be sure to block or disable them using your browser settings, the opt-out links identified in this policy, or the settings within our mobile apps.

 

What are cookies?

Cookies are small text files that are placed on your computer by websites that you visit. These text files can be read by these websites and help to identify you when you return to a website. Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your computer when you have gone offline, while session cookies are deleted as soon as you close your web browser. To find out more about cookies, including how to see what cookies have been set and how to block them, visit http://www.aboutcookies.org/.

 

Company Cookies

We use our own cookies to recognize you when you visit our website or use our apps. This means that you don’t have to log in each time you visit, and we can remember your preferences and settings.

 

Third Party Cookies

In addition to our own cookies, we work with various reputable companies to help us analyze how the Website is used, and to optimize our Website and Apps to deliver the best possible experience.

 

Opting Out

We think it’s important that you are able to control the collection of personal data relating to your use of Company, and have therefore made sure that you can opt out of any personal data collection using cookies or other technologies as set out below.

 

Cookies: You can use the settings within your browser to control the cookies that are set on your computer or mobile device. However, please be aware that cookies are important to many aspects for the Website – if you set your browser to reject cookies, you may not be able to enjoy all of the features of the Website. To find out how to see what cookies have been set and how to reject and delete cookies, visit http://www.aboutcookies.org.  If you choose to use the Website without blocking or disabling cookies or opting out of these technologies, you will indicate your consent to our use of these cookies and other technologies and to our use (in accordance with this policy and our Privacy Policy) of any personal information that we collect using these technologies. If you do not consent to the use of these technologies, please be sure to block or disable them using your browser settings, the opt-out links above, or the settings on your mobile device.

 

Miscellaneous

You accept that Company has the right to change the content or technical specifications of any aspect of the Service at any time in Company’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

Headings. The section titles in these Terms of Service are used solely for the convenience of you and the Company and have no legal or contractual significance.

 

Severability.  If any provision of these Terms of Service is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Service will remain in force.

 

Entire Agreement.   These Terms of Service and any other terms and conditions of service on this site, and any of its successors, constitute the entire agreement between you and Company and govern your use of the Service.