Tuxedo Press Publications Web Site Agreement
The The Kingsland Plan Web Site (the “Site”) is an online information service provided by Tuxedo Press Publications (“The Kingsland Plan “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. The Kingsland Plan MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are The Kingsland Plan, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to The Kingsland Plan a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to The Kingsland Plan by all means and in any media now known or hereafter developed. You also grant to The Kingsland Plan the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against The Kingsland Plan for any alleged or actual infringement or misappropriation of any proprietary right in your communications to The Kingsland Plan.
TrafficServer 1.01 TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of The Kingsland Plan. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by The Kingsland Plan, The Kingsland Plandoes not operate, control or endorse any information, products or services on the Internet in any way. Except for The Kingsland Plan- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with The Kingsland Plan a. You also understand that The Kingsland Plan cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. The Kingsland Plan PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND The Kingsland Plan SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. The Kingsland Plan DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. The Kingsland Plan HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL The Kingsland Plan BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF The Kingsland Plan OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, The Kingsland Plan LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Kingsland Plan makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-The Kingsland Plan web site, please understand that it is independent from The Kingsland Plan, and that The Kingsland Plan has no control over the content on that web site. In addition, a link to a The Kingsland Plan web site does not mean that The Kingsland Plan endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless The Kingsland Plan, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of The Kingsland Plan and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between The Kingsland Plan and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Kingsland Plan’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Kingsland Plan may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE.© 1999-2010 PriorityDigital.com Prepared for: The Kingsland Plan All rights reserved.
PRIVACY POLICY
TUXEDO PRESS PUBLICATIONS
PRIVACY POLICY
– IMPORTANT — PLEASE READ
LAST UPDATED: November 30, 2009
This Privacy Policy (“Privacy Policy”) describes the commitment to your privacy on the part of Tuxedo Press Publications (referred to collectively as “Tuxedo Press Publications”, “Tuxedo Press”, “we” and “us”).
PERSONS OR PARTIES COVERED
This Privacy Policy applies to all visitors to any Tuxedo Press Publications owned website (the “Website”), all subscribers to Tuxedo Press Publications-sponsored lists and/or newsletters (whether paid or unpaid), all members and/or affiliates of memberships or membership sites sponsored by or owned by Tuxedo Press Publications (whether paid or unpaid), all affiliates of any site sponsored or owned by Tuxedo Press Publications (whether paid or unpaid), and all customers that purchase products and/or services via the Website or otherwise from Tuxedo Press Publications. Persons who visit or view the Website, whether intentionally or unintentionally, whether solicited or unsolicited, are referred to herein as “Visitors” and are subject to this Privacy Policy.
Subscribers to Tuxedo Press Publications-sponsored lists and/or newsletters are referred to herein as “Subscribers” and are subject to the Privacy Policy. Persons who join an organization or marketing endeavor (e.g. “affiliates”) promoted by and through the Website, or otherwise by Tuxedo Press Publications are referred to herein as “Members” and are subject to this Privacy Policy. Individuals that order, attempt to order or receive products and/or services that are sold, advertised on or delivered from the Website, or otherwise by Tuxedo Press Publications, even at no cost, are referred to herein as “Customers” and are subject to this Privacy Policy.
If you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: tuxedopress@wctel.net. Please be advised that where California residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law.
MINORS
We do not knowingly collect information from individuals under eighteen (18) years of age, or persons who are otherwise covered by the provisions of the Children’s Online Privacy Protection Act of 1998, as amended (“COPPA”). No information should be submitted to, or posted at, the Website by individuals under eighteen (18) years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
VIEWING, USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS PRIVACY POLICY
Acceptance of the terms of this Privacy Policy is a portion of the consideration required for your right to visit the Website. If you do not accept the terms of this Privacy Policy in their entirety, you have no right to visit the Website.
ABOUT THE PERSONAL INFORMATION TUXEDO PRESS PUBLICATIONS COLLECTS AND HOW IT IS USED
Tuxedo Press Publications routinely collects information about Visitors, Subscribers, Members and Customers. This information is obtained in various ways, such as:
VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER INFORMATION OBTAINED FROM REGISTRATION
For purposes of this Privacy Policy, “Registration” means that the Visitor, Subscriber, Member or Customer, as applicable, takes active, positive steps to communicate information to Tuxedo Press Publications. This can include, without limitation, where the individual: (a) registers for a newsletter or subscribe to a mailing list; (b) participates in Visitor surveys; (c) participates in promotions, contests and/or sweepstakes offered by Tuxedo Press Publications; (d) requests information from Tuxedo Press Publications via an online form, email, mail or courier; (e) joins, or attempts to join, an affiliate program or other membership organization sponsored by Tuxedo Press Publications; and/or (f) orders a product through the Website or otherwise from Tuxedo Press Publications.
The information that you must supply in connection with Registration (as further described below) may include, without limitation, some or all of the following: (i) your full name; (ii) company name; (iii) e-mail address; (iv) mailing address (and billing address if different); (v) home telephone number; (vi) work telephone number; (vii) telecopier number; (viii) credit card information; and/or (ix) any other information requested on the applicable Registration form.
VISITOR EMAIL INQUIRIES
Website Visitors that wish to communicate with Tuxedo Press Publications do so under the following conditions: (a) they give their permission to be contacted by Tuxedo Press Publications; and (b) they are subject to any ‘submission’ provisions contained in the Tuxedo Press Publications Terms of Use, Tuxedo Press Publications Purchase Agreement and/or this Privacy Policy. The email address that you use in connection with your inquiry shall be added to the Tuxedo Press Publications database.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a Customer and you send an email to Tuxedo Press Publications, or if you communicate with Tuxedo Press Publications by phone or U.S. mail, Tuxedo Press Publications shall collect information about your communication and by communicating with Tuxedo Press Publications, you give your permission for Tuxedo Press Publications to collect, archive, retrieve and otherwise use any information collected as Tuxedo Press Publications sees fit.
Any communication which, in its sole discretion, Tuxedo Press Publications deems to be a testimonial, may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER
SURVEYS
Unless otherwise specified in the survey, you must assume that any information provided to Tuxedo Press Publications as part of a survey in which you participate may be used as set forth hereinbelow.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND COOKIES
We may collect certain non-personally identifiable information about you when you visit many of the sections of the Website. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Netscape, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink). We use the non-personally identifiable information that we collect to improve the design and content of the Website and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Website usage, as well as to offer you products and services. We also reserve the right to use aggregate or group data about our Visitors for any and all lawful purposes. Aggregate or group data is data that describes the demographics, usage and/or characteristics of our visitors as a group. By visiting and/or supplying your personal information at the Website, you agree to allow us to provide such aggregate data to third parties.
“Cookies” is web jargon for bits of computer code placed on your hard drive. The Website uses cookies to keep you ‘logged in,’ to keep track of search criteria, to monitor use, to password protect use of the Website and/or to track use of products and/or services sold by and through the Website. Even in the case where a Visitor rejects a cookie, they may still use our Website. The only drawback to this is that the Visitor may be limited in what he/she can access in some areas on our Website. Cookies can also be used to obtain information about your computer configuration or your use of your computer. To find out more about cookies, including how to disable and/or remove cookies, please visit www.cookiecentral.com.
HOW YOUR INFORMATION MAY BE USED
The personal information that you submit to us remains your property, but by submitting such information to us you grant us the right, subject to applicable state and federal law, to use the personal information (other than credit card information) for marketing purposes. Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all personal information with/to any third-party for any and all uses permitted by this Privacy Policy and applicable law. These third parties may include, but shall not be limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); (d) SMS text-based marketers (where permitted by applicable law); and (e) direct marketers. We may also use your personal information for any promotion-related purpose, and/or marketing and survey purpose, on our own behalf and on behalf of our affiliates and subsidiaries. We may disclose personal information to third-party agents and independent contractors that help us create and/or operate any promotions, surveys or other offerings. You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Website and any and all offerings made available therein, or otherwise by Tuxedo Press Publications.
We are able to offer our products and services to you, in part, based on your willingness to be reached by our third-party advertisers. Your personal information (other than credit card information) will be shared with advertisers on an aggregate and non-aggregate basis. We also use contact information from your personal information to send you information about us, our products and services and to contact you about your billing account status. Please keep in mind, though, that we do not control, and are not responsible for, the practices of our third-party advertisers. If you wish to stop receiving future communications from us and/or third party advertisers, or if you wish to prevent the transfer and/or sale of your personal information to third parties (subject to restrictions contained in applicable state and federal law), please see the Opt-Out/Unsubscribe section below.
You agree that by submitting your personal information to Tuxedo Press Publications, you agree to receive e-mail marketing from Tuxedo Press Publications and our third-party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”). With respect to the ATSR, and notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, we retain
the right to contact you via telemarketing in accordance with the terms of the ATSR.
In addition, by submitting your personal information to Tuxedo Press Publications, you agree to receive mobile marketing including, but not limited to, text-message based marketing, from us and our third party advertisers and marketers (where, and to the extent that, such marketing is permitted by applicable law). As such, notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via text-message based marketing in accordance with applicable state and federal law. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.
We reserve the right to release current or past personal information: (a) in the event that we believe that the Website, and any products, services or other offerings is/are being or has/have been used in violation of this Privacy Policy, the Tuxedo Press Publications Terms of Use, Tuxedo Press Publications Purchase Agreement, or to commit unlawful acts; (b) if the information is subpoenaed; or (c) if any entity comprising Tuxedo Press Publications is sold or acquired. Moreover, you hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time. Visitors should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personally identifiable information to be shared or transferred to third parties without permission.
We may also supplement the information we collect with information from other sources to assist us in evaluating and improving the Website, our products and/or services, and to determine your preferences so that we can tailor the Website and our products and/or services to your needs.
CREDIT CARD INFORMATION
Notwithstanding the foregoing, we will not use your credit card information for any marketing purposes, or transfer same to any third party, other than as set forth in this paragraph. Tuxedo Press Publications may: (a) transfer your credit card information to third party sellers where necessary to effectuate the purchase of products and/or services that you requested on the Website or otherwise from Tuxedo Press Publications; (b) disclose your credit card information pursuant to a court order, litigation and/or fraud investigation; and (c) share with third parties the fact that we have credit card information on file for specific individuals.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS OR WEBSITE ADVERTISERS
The Website may contain third party provided banners, pop-ups, hyperlinked advertising and links to other third-party owned and/or operated websites. Tuxedo Press Publications is not responsible for the privacy practices associated with such third party advertisers and/or websites. In some cases, you may be required to provide certain information to register or complete a transaction via such advertisers and/or at such websites. These third-party websites and advertisers have separate privacy and data collection practices and Tuxedo Press Publications has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such advertisers and/or websites. These third party entities are independent third parties and are not affiliated with us.
OPT-OUT/UNSUBSCRIBE
When you submit personally identifiable information to us at the Website, you have opted-in to the sharing of your personal information with third parties to receive marketing communications. When contacted by any of these companies or third parties, you should notify them directly of your choices regarding their use and sharing of your information. To opt-out of having your information shared with third parties, please notify us by email at tuxedopress@wctel.net. To stop receiving future e-mail communications from Tuxedo Press Publications, please notify us by email at tuxedopress@wctel.net. Tuxedo Press Publications may maintain separate e-mail lists for different purposes. If e-mail recipients wish to end their e-mail subscription from a particular list, they need to follow the instructions at the end of each e-mail message to unsubscribe from the particular list. To unsubscribe from all Tuxedo Press Publications e-mail lists, please notify us by email at tuxedopress@wctel.net.
DATA SECURITY
All collected information is stored in a technically and physically secure environment. When our registration/application process asks users to enter sensitive information (such as credit card number), and when we store and transmit such sensitive information, it is encrypted and protected with SSL encryption software. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect sensitive information and other personal information off-line. Unfortunately, no data transmission over the Internet, or otherwise, can be guaranteed to be 100% secure. As a result, while we strive to protect your sensitive information and other personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to this personal information is strictly limited, and not accessible to the public. All of our users’ personal information, not just sensitive information, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all Tuxedo Press Publications user personal information. Employees not adhering to our written firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
CONTACT US
If you have any questions regarding this Privacy Policy, or would like more information on our privacy practices, please contact us at:
tuxedopress@wctel.net
Tuxedo Press Publications
PO Box 347
Donalds
SC 29638 USA
REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
We reserve the right, in our sole discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. All Privacy Policy changes will take effect immediately upon their posting on the Website. Please check the Website periodically for any changes. Your continued use of the Website and/or acceptance of our e-mail communications following the posting of changes to this Privacy Policy will constitute your acceptance of any and all changes.
