Fender, Stratocaster, Strat, Telecaster, Tele, Jaguar, Jazzmaster, are registered trademarks of Fender Musical Instruments Corp. Gibson, Les Paul, SG, ES-335,Explorer, and Flying V are registered trademarks of Gibson Guitar Corp.
All processes used by Kantor guitars are applied to the surface of the instrument or part and does not damage or affect the integrity of the original. Kantor Guitars purchases its instruments and parts new unless indicated, and does not imply that any of its products are covered by the original manufacturers warranty. Any issues with Kantor guitars products should be strictly directed to Kantor Guitars and not the original manufacturer.
Terms of Service
Kantorguitars.com is operated by Robert Kantor Guitars (“we,” “us” or “our”). Your use of, and access to, this Site is subject to these Terms of Service (these “Terms”). These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site, you (i) acknowledge that you have read and understand, and are agreeing to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, or, if you are minor, you have obtained the consent of your parents or legal guardian, and are able and competent to give us rights as detailed in these Terms, and to comply with these Terms. This Site is not for children under 13 years of age and in no event shall any child under the age of 13 use the Site. You further acknowledge and agree that your access to and use of the Site and the services provided through the Site (the “Services”) are valuable benefits that you receive by agreeing to, and complying with, these Terms. If you do not wish to agree to these Terms, you may not access, browse or use the Site or access any of our Services, and you should discontinue these activities immediately.
We may change or revise these Terms at any time, for any reason and without notice, and if you use or access the Site or any Services at any time on or after the “Last Updated As Of” date set forth above, you are deemed to have been notified of, and your use or access of the Site or any Services after that date signifies your acceptance of, any changes or revisions arising on or before that date. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. You can address your questions or concerns regarding these Terms to email@example.com.
Robert Kantor Guitars, its subsidiaries, affiliated companies, distributors, vendors, contractors, and/or licensors (collectively, the “RKG Parties”) are the owners or licensees of all content and materials on the Site (“Site Content”) and of all related intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation all features, functions, Services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials on the Site, as well as the, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Site. Site Content does not include Your Content, as that term is defined below.
You do not acquire any ownership interests in any Site Content by accessing, browsing or otherwise using the Site.
Your Use and Your Content; License Grant; Right to Monitor and Editorial Control
You may access, browse and use the Site and Site Content only for your personal, non-commercial use, on a single computer, mobile phone or other Internet-compatible device to enable you to use the Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site Content.
Certain features of the Site may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Site (“Your Content”). We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content granted below, and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (ii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iii) indemnify and hold harmless us and the RKG Parties from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, Your Content or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’s Services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or Services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
You warrant and agree that, while accessing or using the Site, you will not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, the RKG Parties or otherwise affiliated with us;
- use an inappropriate username or screen name;
- insert your own or a third party’s advertising, branding or other promotional content into any Site Content;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
- use the Site or its features and Services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;
- use the Site or its Services in violation of our intellectual property or other proprietary or legal rights or rights any third party;
- use the Site or its Services in violation of any applicable law;
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or its Services;
- post, transmit, publish or otherwise disseminate through the Site any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to the reputation of Robert Kantor, Robert Kantor Guitars or any of the RKG Parties or any of his or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
Your Registration and Your User Information
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Registration or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Registration or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Registration or to refuse Services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Registration and remove your User Content from the Site. You have the right to cancel Your Registration at any time. You may cancel Your Registration by following the instructions on the Site.
If you voluntarily terminate Your Registration or allow Your Registration to lapse, you may reactivate Your Registration at any time through the account interface on the Site. Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms, may not be reactivated.
Fees That You May Pay
Some aspects of the Site may require you to pay a fee, the details of which are available in various areas of the Site that feature the ability to purchase products, features or Services. You agree to pay all fees and applicable taxes incurred by you or anyone using Your Registration. We may revise the pricing for products, Services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, Your Registration may be closed without warning or notice at our sole discretion.
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR REGISTRATION, INCLUDING ANY UNAUTHORIZED CHARGES.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site.
Submission of Your Ideas and Suggestions
While you are encouraged to share ideas and suggestions through your use of the Site, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Site may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through your use of the Site (collectively “Submissions”), you hereby grant us and our designees a worldwide, non-exclusive, fully paid-up, unrestricted, fully sublicenseable, fully transferrable, assignable, royalty-free, perpetual, irrevocable right to copy, use, reproduce, edit, distribute, modify, adapt, create derivative works of, publish, publicly perform, publicly display, transmit, translate and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all embodiments, media and means of communication, now known or hereafter developed. You represent and warrant to us that your Submissions are original to you, that you own or otherwise control all of the rights in your Submissions, or that you have the rights necessary to grant to us the license to your Submissions granted above, and that your Submissions do not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. We agree that, if any Submission generates a sufficient level of popularity or mass appeal, as we may determine in our sole discretion, then we may enter into good faith negotiations with you of a royalty-bearing license agreement for exploitation of your Submission beyond the Site. Notwithstanding the foregoing, nothing in these Terms shall impose any obligation or requirement on us to proceed with or conclude any agreement or transaction with you concerning any such Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH THE SITE.
Links to Third-Party Websites
The Site contains links to websites of third parties, including, without limitation, advertisements of third party products and services and “buy” links to third party vendors or retailers to purchase products or services featured on the Site. If you use these links, you will leave the Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
Linking to the Site
You agree that if you include a link from any website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.
We administer, control and operate the Site from our offices in New York State, the United States of America. The Site is accessible world-wide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.
The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Site.
Some Site Content is provided by the users of the Site. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or any of Site Content. We are not liable for any errors, omissions, or inaccurate Site Content.
THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SITE OR YOUR DOWNLOADING OF THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE SITE.
Limitation of Liability
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE OR THE RKG PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE THE RKG PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL WE OR THE OTHER RKG PARTIES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR OR THE RKG PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.
Notification and Counter-Notification of Claim of Copyright Infringement
We respect the intellectual property rights of others and require our users to do the same.
To notify us of your claim of copyright infringement with respect to any Site Content, please send a written communication to our designated copyright agent:
66 Leonard St. Apt
NY, NY 10013 (917) 454-8001
Do not contact us using the above contact information for anything other than for notifying us of a claim of copyright infringement. For all other inquires, please contact us at firstname.lastname@example.org
Your notice must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative sample of such works or a link or URL to such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as a link or URL to all such material at the Site;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. 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 the law; and
6. 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 owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.
Counter-Notices If content you posted on the Site was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications is as follows:
a. To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below.
b. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your counter-notification, please use the following format (including section numbers):
1. Identify the specific URLs of (or other information sufficient to allow us to identify) material that we have removed or to which we have disabled access.
2. Provide your full name, address, telephone number, email address and, if you are a registered user, the user name of your user account.
3. Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the U.S.A., the Federal District Court for the Central District of California, and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above, or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
66 Leonard St. Apt
NY, NY 10013 (917) 454-8001
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such personally identifiable information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of California. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Site infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.
Disclaimer: We are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only.
Modification, Suspension and Termination
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law and Jurisdiction
You agree that the laws of the United States of America and the laws of the State of New York, without regard to the principles of conflicts of laws, will govern your use of the Site, these Terms and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us and/or the RKG Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New York County, New York, and the related appellate courts, in any related action or proceeding.
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Any rights not expressly granted in these Terms are reserved to us.
Last Updated As Of March 20, 2012
By accessing any part of the Site or using the Services, you agree to our treatment of information you provide to us, and information we otherwise derive from the operation of this Site, in accordance with this Policy. This Policy is part of the Terms of Service governing your use of the Site and the Services. Please read the Terms of Service. If you do not agree with any part of this Policy, you should not use the Site or the Services.
We may change or revise this Policy at any time, for any reason, and if you use or access the Site or any Services at any time on or after the “Last Updated As Of” date set forth above, you are deemed to have been notified of, and your use or access of the Site or any Services after that date signifies your acceptance of, any changes or revisions arising on or before that date. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of this Policy. You can contact us with any questions or concerns you may have about this Policy at email@example.com.
This Policy is effective as of the “Last Updated” date set forth above. This policy does not apply to any other website that you may be able to access from the Site, which may have its own data collection and use practices and policies.
We encourage parents and guardians to spend time online with their children; however, this Site is not intended for children under 13 years of age. We do not knowingly collect personally-identifiable information from users of the Site who are under 13 years of age. If you are under 13, do not attempt to register on the Site or for any Services or send information about yourself to us. If we learn the person submitting information to us is less than 13 years of age, we will remove that information as soon as possible from our databases. Because we do not knowingly collect any personal information from children under 13, we do not knowingly use or disclose such information to third parties. If you are a minor who is at least 13 years of age, you represent to us that you have the permission of a parent or legal guardian to access and use the Site and to provide to us any information provided in the course of your use of the Site.
If you are the parent or guardian of a child less than 13 years of age who has provided us with any personal information, you may contact us at firstname.lastname@example.org to arrange for that information to be removed from our databases.
The Type of Information We Collect and How We Collect It
By accessing or using the Site, you may provide us with two types of information: (1) personally-identifiable information that you voluntarily choose to disclose to us, such as your name, address, telephone number, email address and credit card information; and (2) non-personally-identifiable information, which we collect through the use of technologies such as “cookies,” “web beacons” and/or “web logs.” You do not need to submit personally-identifiable information to access certain areas of the Site, but if you do not want to disclose certain personally-identifiable information to us, you will not be able to access some areas of the Site or use some of the Services.
We collect personally-identifiable information when you create an account through the Services and make changes to your account; subscribe to receive newsletters and/or updates; participate in chat rooms, forums, surveys, and questionnaires; participate in promotions; make a purchase using the Services; post comments, photographs, audio, video, or other content on the Site or otherwise using the Services; contact us using links available on the Site; or receive customer or technical support.
In some instances, we may require you to provide your email address and/or other personal information, and/or to create a user name and password in order to access certain Services or use certain functionality on the Site, such as posting comments. Once you do so, you may provide us with additional information, such as your name, street address, mobile number and other personal information to complete your “profile” or otherwise take full advantage of a particular Service or Site functionality. When you purchase products or Services via the Site, we may collect payment and shipping information to process and deliver your purchase. The information will be retained for our records, which will enable you to place future purchases without the need to re-enter the information. If we provide links to third party websites to purchase products or services that are featured on the Site, such as a third party vendor or retailer, such transactions will be subject to the terms and policies of such other websites, and accordingly, we take no responsibility for the privacy of your information collected by such websites in connection with your purchase.
We may collect other types of information (known as demographic information) such as your gender and interests. This demographic information may be associated with your personally-identifiable information, but we will not share it with others in a manner that directly associates it with your personally-identifiable information.
How We Use Your Personally-Identifiable Information
The personally-identifiable information you provide to us will allow us to provide the Services, fulfill your product or service order; alert you of new products or Services, features, or enhancements; handle/route your customer service questions or issues; and/or notify you of contests, promotions, or special events and offers. We will not share your personal information with third parties for their direct marketing and promotional purposes without your permission. We may contact you by email with respect to your order for our products or Services or your account. We also use your email address to send to send messages to you in response to your request to perform an activity in connection with your use of any of the Services.
When you provide us with personally-identifiable information, you may be asked if you wish to receive news, updates and promotion announcements. If you say yes, we may contact you by email occasionally to inform you of such matters. You are given the opportunity with each email notification to remove yourself from the Site email contact list.
We keep track of your interactions with us and may use information relating to your interactions with us to generate information about the popularity of certain of our Services and functionality and how users of the Site utilize different aspects of the Services and functionality. We may use such data to design, develop and implement additional services and features of the Site and to improve the Services.
How We Use Your Non-Personally-Identifiable Information A “cookie” is a small file stored on your computer by a website to give you and your computer a unique ID. A “web beacon” is a small file stored in a website page to identify when that page has been viewed by a particular visitor, and a “web log” is an aggregation of data about use of a particular website (e.g., number of visitors).
We use “cookies,” “web beacons,” “web logs” and similar technologies that may be developed from time-to-time (now or in the future) to collect information, on an aggregate basis, about how the Site is used. This information may include the date and time of visits to the Site and time spent on the Site. The use of these technologies allows us to personalize your use of the Site and to provide greater convenience each time that you visit. Additionally, advertisements appearing on the Site and managed by third parties, as well as the advertisers themselves, may use these technologies to collect non-personal information when you click on or move your cursor over one advertisements appearing on the Site. You may not realize this information is being collected. Advertisers use this information to monitor the performance of their advertisements. In some cases, we may have access to information collected by these advertisers as a result of your use of the Site, and this information may permit us to identify other sites that you have visited that are also associated such advertisers.
Depending on your browser and related programming configurations you utilize, you may be able to disable, block or otherwise control the use of these technologies (please consult instructions for your web browser). However, if you do so, it is possible that some parts of the Services will not be accessible to you.
Our servers automatically record information that your browser sends whenever you visit the Site. This information includes your Internet Protocol address, your browser type and version, which Services you use and when and how long you use them. We use this information to monitor and analyze how users use the Site and Services, to provide customer service and to maintain and improve the Services.
Sharing of Information
We may use your personally-identifiable information to provide analyses of our users in the aggregate to current and prospective partners, advertisers and other third parties. We may also disclose and otherwise use, on an anonymous basis, affiliation, position, interests and other non-personally-identifiable information about users.
In addition, we will share the personally-identifiable information we collect from you under the following circumstances:
- Protection of rights We will share personally-identifiable information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Service for the Services, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iv) such action is appropriate to protect our rights, property or safety or the rights, property or safety of our employees, users of the Services or others.
- Asset transfers If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personally-identifiable information collected from you through your use of the Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site.
- Service Providers We may share your personally-identifiable information with service providers that we engage for the purpose of processing information on our and your behalf. For example, we have partnered with other companies to sell products through the Services, fulfill product orders and process payments. Additionally, we may partner with other companies to process consumer surveys, fulfill prizes, or to process, analyze, and/or store data. While providing services for us, these companies may access your personally-identifiable information. To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures.
Our Site provides you with the opportunity to affirmatively opt-out of receiving communications from us and our partners at the point where we request information about you. This Site gives you the option to end our use of your information, and to cease receiving or otherwise having access to future communications or Services.
Your California Privacy Rights
Additional Information You Should Know About Third Parties
This Policy does not cover the information practices of third party websites linked to the Site. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personally-identifiable information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.
The Services may provide message boards, forums and/or chat areas, where our users can exchange ideas and communicate with one another. When you post to any message board, forum or chat area, please be aware that the information you post is publicly available on-line and therefore any information you post, including your user name, is at your own risk as it will be readily available to other users. Individuals under the age of 18 should be especially careful not to provide any personally-identifiable information when participating in any area of the Site where postings are or might become public.
Opting Out of Receiving Communications from Us
If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe from receiving any or all of these services by replying to the “Unsubscribe” link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.
You agree that, in the event any dispute or claim arises out of or relating to this Policy that you will attempt in good faith to negotiate a written resolution of the matter directly with us. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, the parties shall join in mediation services in New York, New York with a mutually agreed mediator in an attempt to resolve the dispute. The cost of any mediation shall be shared equally by you and us. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
Our Security Measures
Protecting your personal information is our priority.
The personally-identifiable information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personally-identifiable information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site and Services. All personnel who have access to this information are trained in the maintenance and security of such information.
To the extent that we handle purchases on the Site, we will use Secure Sockets Layer (SSL) technology or other software that meets or exceeds the protection provided by SSL to encrypt your credit card number so that it cannot be read as the information travels over the Internet.
Please be aware, however, that no data transmission over the Internet can be guaranteed to be completely secure, and no system of electronic security is impenetrable. For this reason, You agree to assume all risk in connection with the information transmitted to us or collected by us when you use the Site or our Services.
You can help protect your personally-identifiable information by using a combination of letters and numbers in your password, changing your password often, using a secure web browser, and signing off when you are finished with the use of the Site on a shared computer. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us at email@example.com.
This Site is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer and to our use of that information in accordance with this policy. When you provide personal data to us or our service providers or vendors, you consent to the processing of your data in the United States as the Site is operated in the United States.
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
How can you contact us?
If you have any questions about our privacy practices or this Policy, please contact us at: firstname.lastname@example.org