TERMS OF USE
1. Agreement To Terms Of Use
These Terms of Use constitute a legally binding agreement made between you, as a MEMBER, whether personally or on behalf of an entity (“you”) and SSDM. We reserve the right to update, change, or amend this agreement at any time, in our sole discretion. We will alert MEMBERS of changes by updating the "Last Updated" section, at the top of this agreement, with the date of the latest changes and you waive any right to receive specific notice of each such change. Please ensure that you check this agreement every time you use our OFFERINGS so that you understand which policies and terms apply. You will be subject to, will be deemed to have been made aware of, and to have accepted, the changes in any revised policies and terms by your continued use of the OFFERINGS after the date such revised policies and terms are posted. IF YOU DO NOT AGREE WITH ALL OF THESE POLICIES AND TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Within areas of our OFFERINGS there are tools that allow a MEMBER to utilize functionality provided by a third-party, such as Google's Map API. A MEMBER who uses these third-party functionalities within their usage of our OFFERINGS agrees to also be bound by Terms of Service provided by the owners of said functionalities.
2. Intellectual Property Rights
Unless otherwise indicated, the OFFERINGS are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within the OFFERINGS (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided in our OFFERINGS “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the OFFERINGS and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the OFFERINGS, you are granted a limited license to access and use the OFFERINGS and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the OFFERINGS, the Content and the Marks.
3. User Representations
By using the OFFERINGS, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the OFFERINGS through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the OFFERINGS for any illegal or unauthorized purpose; and (7) your use of the OFFERINGS will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse access to our OFFERINGS (or any portion thereof).
4. User Registration
You may be required to register within the OFFERINGS. You agree that you are responsible for all use of your account and password and that you will keep your password confidential. We reserve the right to remove, reclaim, or change any account data you provide if we determine, in our sole discretion, that such data is inappropriate, obscene, or otherwise objectionable.
5. Prohibited Activities
You may not access or use our OFFERINGS for any purpose other than that for which we make the OFFERINGS available. The OFFERINGS may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a MEMBER of these OFFERINGS, you agree not to:
- Share, sell or otherwise transfer your profile and/or account.
- Disparage, tarnish, or otherwise harm, in our opinion, SSDM and/or the OFFERINGS.
- Attempt to bypass any measures of the OFFERINGS designed to prevent or restrict access to the OFFERINGS, or any portion of the OFFERINGS.
- Trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords or PINs.
- Engage in any automated use of the OFFERINGS, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the OFFERINGS or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the OFFERINGS.
- Engage in unauthorized framing of or linking to the OFFERINGS.
- Circumvent, disable, or otherwise interfere with security-related features of the OFFERINGS, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the OFFERINGS and/or the Content contained therein.
- Systematically retrieve data or other content from the OFFERINGS to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Use any information obtained from the OFFERINGS in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the OFFERINGS in a manner inconsistent with any applicable laws or regulations.
- Delete the copyright or other proprietary rights notice from any Content.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the OFFERINGS.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the OFFERINGS, or using or launching any unauthorized script or other software.
- Copy or adapt the OFFERINGS software, including but not limited to C#, jQuery, HTML, JavaScript, or other code.
- Use a buying agent or purchasing agent to make purchases within the OFFERINGS.
- Attempt to impersonate another MEMBER or use the username of another MEMBER.
- Interfere with, disrupt, or create an undue burden on the OFFERINGS or the networks or services connected to the OFFERINGS.
- Make any unauthorized use of the OFFERINGS, including collecting usernames and/or email addresses of a MEMBER by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the OFFERINGS as part of any effort to compete with us or otherwise use the OFFERINGS and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the OFFERINGS to you.
6. User Generated Contributions
The OFFERINGS may invite you to chat, contribute to, or participate in blogs, message boards, forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or within the OFFERINGS, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by another MEMBER of the OFFERINGS and through third-party services or websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- Any use of the OFFERINGS in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the OFFERINGS.
- Your Contributions do not violate any applicable law, regulation, or rule.
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of SSDM or any third-party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the OFFERINGS, and another MEMBER of the OFFERINGS to use your Contributions in any manner contemplated by the OFFERINGS and these Terms of Use.
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the OFFERINGS and these Terms of Use.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not violate the privacy or publicity rights of any third-party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the OFFERINGS, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area within the OFFERINGS. You are solely responsible for your Contributions to the OFFERINGS and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations within the OFFERINGS; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. Mobile Application License
Use License
If you access the OFFERINGS via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:
- except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
- violate any applicable laws, rules, or regulations in connection with your access or use of the application;
- remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
- use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
- use the application to send automated queries to any website or to send any unsolicited commercial email; or
- use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the OFFERINGS:
- the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
- we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
- in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
- you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
- you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
- you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
9. Guidelines For Reviews
We may provide you areas within the OFFERINGS to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have firsthand experience with the person/entity being reviewed;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements; and
- you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our employees, affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
10. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the OFFERINGS ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
11. Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the OFFERINGS, such as video ads, sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place within the OFFERINGS and any services provided within the OFFERINGS or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements within the OFFERINGS, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA take-down related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
12. Management & Monitoring
We reserve the right, but not the obligation, to:
- monitor the OFFERINGS for violations of these Terms of Use;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such MEMBER to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the OFFERINGS or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- otherwise manage the OFFERINGS in a manner designed to protect our rights and property and to facilitate the proper functioning of the OFFERINGS.
13. Cookie Policy & Privacy Policy
We care about data privacy and security. Please review our
Cookie Policy and Privacy Policy. By using our OFFERINGS, you agree to be bound by our
Cookie Policy and Privacy Policy, which are incorporated into these Terms of Use. Please be advised the OFFERINGS are hosted in the United States. If you access our OFFERINGS from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the OFFERINGS, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
14. Digital Millennium Copyright Act
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the OFFERINGS infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the OFFERINGS infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- a statement that the complaining party has 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
- 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, and information reasonably sufficient to permit us to locate the material;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the OFFERINGS are covered by the Notification, a representative list of such works within the OFFERINGS;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the OFFERINGS as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- your name, address, and telephone number;
- a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
- a statement that you will accept service of process from the party that filed the Notification or the party's agent;
- identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
SilverStreak Digital Media
Send and email to
[email protected] with a subject of Attn: Copyright Agent.
15. Term and Termination
These Terms of Use shall remain in full force and effect while you use the OFFERINGS. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. Modifications & Interruptions
We reserve the right to change, modify, or remove the contents of the OFFERINGS at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information within our OFFERINGS. We also reserve the right to modify or discontinue all or part of the OFFERINGS without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the OFFERINGS.
We cannot guarantee the OFFERINGS will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the OFFERINGS, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the OFFERINGS at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the OFFERINGS during any downtime or discontinuance of the OFFERINGS. Nothing in these Terms of Use will be construed to obligate us to maintain and support the OFFERINGS or to supply any corrections, updates, or releases in connection therewith.
17. Governing Law
These Terms of Use and your use of the OFFERINGS are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.
18. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Montgomery, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Montgomery, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the OFFERINGS be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19. Corrections
There may be information on the OFFERINGS that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information within the OFFERINGS at any time, without prior notice.
20. Disclaimer
THE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE OFFERINGS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE OFFERINGS’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE OFFERINGS AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE OFFERINGS,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR OFFERINGS,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE OFFERINGS BY ANY THIRD-PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OFFERINGS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE OFFERINGS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. Indemnification
You agree to defend, indemnify, and hold SSDM harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of: (1) your Contributions; (2) use of the OFFERINGS; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other MEMBER of the OFFERINGS with whom you connected via the OFFERINGS. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SSDM, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23. User Data
We will maintain certain data that you transmit within the OFFERINGS for the purpose of managing the performance of the OFFERINGS, as well as data relating to your use of the OFFERINGS. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the OFFERINGS. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
24. Electronic Communications, Transactions, and Signatures
Interacting with the OFFERINGS, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or phone, and within the OFFERINGS, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE OFFERINGS. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26. Miscellaneous
These Terms of Use and any policies or operating rules posted by us within the OFFERINGS or in respect to the OFFERINGS constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the OFFERINGS. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
27. Contact Us
In order to resolve a complaint regarding the OFFERINGS or to receive further information regarding use of the OFFERINGS, please contact us using our
Contact Us Form.
28. Availability
Your usage of the OFFERINGS is an acknowledgement on your part that you understand nobody can 100% guarantee the safety of any content available on the Internet and that our OFFERINGS may be designed to help provide a layer of protection for your device and data but are still vulnerable to malicious attack, software and operating system vulnerabilities, configuration or programMatic issues, and/or systems misuse.
The information provided in our OFFERINGS is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the OFFERINGS from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The OFFERINGS are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this OFFERINGS. You may not use the OFFERINGS in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The OFFERINGS are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use, or register within, the OFFERINGS.
29. Business Networks
As a member, or owner, of a business network you understand and agree that you are an Independent Contractor and are responsible for your own business management and duties. The OFFERINGS provided and used by you and/or your employees, agents, partners, and the like in regards to your business are part of what you are paying for in your monthly service and network fees as a business expense.
Any funds paid to a MEMBER as referral fees, commissions, sales compensation, or the like (hereinafter "compensation") for customer acquisition, lead generation, business referrals, or the like (hereinafter "New Business") are paid to said MEMBER solely at our discretion. We reserve the right to adjust, higher or lower, the amount of compensation paid to a MEMBER or determine if a MEMBER will receive compensation for any New Business, in whole or in part.
SSDM will, in our sole discretion, settle any compensation disputes between MEMBERS and you agree to abide by any outcome reached by SSDM in the settlement of said dispute. Any disputes of compensation for New Business must be brought to the attention of SSDM within three (3) months of the occurrence. Any dispute of an occurrence beyond this time will not be altered and SSDM is not responsible for any loss of compensation.
30. Sweepstakes
Sweepstakes Providers
In areas of the OFFERINGS we offer a tool set for conducting a sweepstakes. These tools are provided to businesses and individuals, who are a paying MEMBER, for the purpose of conducting legal sweepstakes that adhere to the laws in their state. If, for any reason, these tools do not provide a complete tool set to conduct a legal sweepstakes in that your state, you understand and agree that you are responsible for acquiring any such tools needed at your own expense and we are not required develop an interface or have our OFFERINGS communicate with said tools in any manner.
Sweepstakes Participants
In areas of the OFFERINGS you may be offered an opportunity to participate in sweepstakes. These sweepstakes are offered by MEMBERS who utilize our OFFERINGS to promulgate information and content to the public ("Content Distributors"). In areas of the OFFERINGS Content Distributors may ask you to participate in a sweepstakes. You understand and agree that the Content Distributor is responsible for adhering to the laws regarding sweepstakes in their state and that SSDM is not liable for any loss that arises from your participation in said sweepstakes.
30. Refund Policy
You are eligible for a 100% refund up to the point of when you log in. Once you have logged into the site you are no longer eligible for a refund as you could print or copy the information and be able to access the data without having to pay for it. For this reason, the minute you log into the site you are no longer eligible for a refund of any kind.
COOKIE POLICY
1. Our Promise
Your privacy is very important to us, we feel your personal information should stay your personal information. For more information about your privacy rights see our
Privacy Policy. In some cases our OFFERINGS require the use of third-parties, such as for credit card processing or YouTube Video API, imposing the need for third-party cookies and data collection. In some cases we may use cookies to collect personal information, or that becomes personal information if we combine it with other information, such as the options chosen by you when you register, or make a purchase, within the OFFERINGS. We personally make every effort to avoid storing data such as names, contact information, or personal addresses in cookies to prevent the acquisition of such data by any third-party.
2. Reasons For Cookies
Cookies are small data files that are saved on your computer or mobile device when you visit a website or web based services and apps. Cookies are widely used by website owners in order to make their websites work or to work more efficiently, as well as, to provide reporting information.
Cookies set by the website owners (in this case, SSDM) are called "first-party cookies". Cookies set by parties other than the website owner are called "third-party cookies". Third-party cookies enable third-party features or functionality to be provided on or through the website (e.g. like credit card processing or advertising)
3. Why We Use Cookies
We use first-party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our OFFERINGS to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience within our OFFERINGS. Third-parties serve cookies through our OFFERINGS for advertising, analytics and other purposes. This is described in more detail below.
The specific types of first and third-party cookies served through our OFFERINGS and the purposes they perform are described below. (please note that the specific cookies served may vary depending on the specific OFFERINGS you access)
4. How can you control cookies?
You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in your web browser. Within most of today's browsers you have the ability to specify what sites you want to block cookies on and the ability to disable third-party cookies or even disable cookies all together. WARNING: If you disable all cookie functionality in many services, including our OFFERINGS, will not work properly. Essential cookies are often necessary to provide you with functionality within the interface your accessing.
If you choose to reject cookies, you may still use our OFFERINGS though your access to some functionality and areas of our OFFERINGS may be restricted or not work properly. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information. Here are links for some of the more common browsers.
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit any of these sites;
-
Network Advertising Initiative,
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Your Ad Choices, or
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Your Online Choices
To see a complete list of cookies used by our OFFERINGS, based on your usage, you can use the "View Site Information" button when viewing our website getcremedelish.com in a web browser. For more information on settings in the more common browsers you can use the following links. Visit the third-party providers websites for updated and more accurate information about their cookies and how they are used.
The specific types of first-party and third-party cookies served through our OFFERINGS, and the purposes they perform, are described below in section 5. Cookies We Use. (please note that the specific cookies served may vary depending on the specific OFFERINGS you access)
5. Cookies we use
Essential Cookies (8):
Holds the information about your cookie settings.
getcremedelish.com
United States
http_cookie
VID=3101JFEA3GE82PS9EGI3210FJE93201F
12 months
Holds temporary data about a user to faciliate basic functionality.
getcremedelish.com
United States
http_cookie
AT=1&Type=Member&cul=Chef
12 months (expires/cleared on logout based on dashboard settings)
Holds shopping cart information.
getcremedelish.com
United States
http_cookie
prodCount=0
7 Days (cleared on check out)
Holds the ID for your current session, created by the web server.
getcremedelish.com
United States
http_cookie
vnhsrgomnovf9hlvyrvgbb1v
End Of Session
The following cookies are 3rd party cookies implemented by YouTube, through the implementation of their player. The player is essential to our site but these cookies can be blocked by your browser by blocking 3rd party cookies.
YouTube is a Google-owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services in order to display targeted advertising to web visitors across a broad range of their own and other websites. Used by Google in combination with SID to verify Google user account and most recent login time. To block this type of cookie turn off 3rd party cookies in your browser.
youtube.com
United States
server_cookie
bwfsClgAMFE
6 months
YouTube is a Google-owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services in order to display targeted advertising to web visitors across a broad range of their own and other websites. Used by Google in combination with SID to verify Google user account and most recent login time. To block this type of cookie turn off 3rd party cookies in your browser.
youtube.com
United States
server_cookie
bwfsgAMFcLRJ37IX/AbCDE-v2AjFmxj1-a
4 Months, 2 Days
YouTube is a Google-owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services in order to display targeted advertising to web visitors across a broad range of their own and other websites. Used by Google in combination with SID to verify Google user account and most recent login time. To block this type of cookie turn off 3rd party cookies in your browser.
youtube.com
United States
server_cookie
ABa4DbHETFcdGtHI6I3J82KLeNt8gOgP_hi_j1__klQR8S2T9nmoUVWfX4YpZhAqrB5sCt5u1DE
1 Year
YouTube is a Google-owned platform for hosting and sharing videos. YouTube collects user data through videos embedded in websites, which is aggregated with profile data from other Google services in order to display targeted advertising to web visitors across a broad range of their own and other websites. Used by Google in combination with SID to verify Google user account and most recent login time. To block this type of cookie turn off 3rd party cookies in your browser.
youtube.com
United States
server_cookie
609bwfsgAMF
2 Years
There is an ever change number of cookies implemented by YouTube, for a complete list please look in your your browser settings or visit YouTube. These are not cookies that we implement, they are implemented by YouTube through the use of their player.
Advertising Cookies (0):
Analytics and customization (0):
Performance and functionality (0):
6. Do we serve targeted advertising?
Third-parties may serve cookies on your computer or mobile device to serve advertising through our OFFERINGS. These companies may use information about your visits to our OFFERINGS and other web based services in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to our OFFERINGS and other web based services in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other details that directly identify you unless you choose to provide this type of data.
7. Do We Make Updates To Our Policies and Terms Agreement?
We may update our Policies and Terms Agreement from time to time in order to reflect, for example, changes to the cookies we use, or for other operational, legal or regulatory reasons. If we make material changes to our policies and terms, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. Please therefore re-visit our Policies and Terms Agreement regularly to stay informed.
The date at the top of this screen indicates when our Policies and Terms Agreement was last updated.
8. Where can you get further information?
For a more complete guide on cookies you can find information at
All About Cookies.
If you have any questions about our use of cookies or other technologies, please contact us using our
Contact Us Form
PRIVACY POLICY
1. What Information Do We Collect?
We collect personal information that you voluntarily provide to us in several ways, such as, but not limited to, when you register within the OFFERINGS, express an interest in obtaining information about us or our OFFERINGS, when you participate in activities within our OFFERINGS (such as, but not limited to, by posting Content within the OFFERINGS, entering competitions, contests or sweepstakes, or participating in events) or otherwise when you contact us.
Within areas of our OFFERINGS the data you provide is designed to be presented to the public such as, but not limited to, mobile apps, special offers, marketing material, and the like. In most cases you have control over what parts of this information the public has access to and in some cases the tools offered within the OFFERINGS are designed to deliver Content to the public which may provide an identifier of who posted the Content. In other cases, the functionality of the OFFERINGS may give the public access to some of your information, such as, but not limited to, One Touch Calling features in mobile apps have to provide your phone number for the end user to be able to place the call. Additionally, improper settings, software or operating system vulnerabilities, programmatic errors, and the like are ways the public could unintendedly gain access to data MEMBERS provide within the OFFERINGS. For these reasons do not post any data or content within our OFFERINGS that you would not want to be made available to the public.
The personal information that we collect depends on the context of your interactions with us and our OFFERINGS, the choices you make and the products and features you use. The personal information we collect may include, but not limited to, the following:
Personal Data
All the personal information collected is provided by you and is information such as, but not limited to: names; phone numbers; email addresses; mailing addresses; job titles; usernames; passwords; contact preferences; contact or authentication data; billing addresses; debit/credit card numbers; and other similar information.
Payment Data
We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. We DO NOT store your Payment Data in our database for your protection. All payment data is sent to and stored by Authorize.net. You may find their privacy notice link(s) here:
https://usa.visa.com/legal/privacy-policy.html.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information Automatically Collected
Some information, such as your Internet Protocol (IP) address and/or browser and device characteristics, is collected automatically when you interact with areas of our OFFERINGS. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our OFFERINGS and other technical information. This information is primarily needed to help improve the User Experience, to maintain the security and operation of our OFFERINGS, and for our analytics and reporting purposes.
we also collect information through cookies and similar technologies.
The information we collect includes:
Log and Usage Data
Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our OFFERINGS and which we record or log in files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity within the OFFERINGS (such as the date/time stamps associated with your usage, or screens, pages and files viewed, searches and other actions you take such as which features you use), device event information, such as system activity, error reports (sometimes called 'crash dumps') and hardware settings.
Device Data
We collect device data such as information about your computer, phone, tablet or other device you use to access our OFFERINGS. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
Location Data
We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the OFFERINGS. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the OFFERINGS.
2. How do we use your information?
We use personal information collected via our OFFERINGS for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third-parties to facilitate account creation and logon process for the performance of the contract.
- To post testimonials. We post testimonials within our OFFERINGS that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at [email protected] and be sure to include your name, testimonial location, and contact information.
- Request feedback. We may use your information to request feedback and to contact you about your use of our OFFERINGS.
- To enable MEMBER-to-MEMBER communications. We may use your information in order to enable MEMBER-to-MEMBER communications with each MEMBER's consent.
- To manage user accounts. We may use your information for the purposes of managing our accounts and keeping them in working order.
- To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- To protect our Services. We may use your information as part of our efforts to keep our OFFERINGS safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through our OFFERINGS.
- Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions or sweepstakes.
- To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
- To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our OFFERINGS, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the WHAT ARE YOUR PRIVACY RIGHTS? below).
- Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third-parties who do so) tailored to your interests and/or location and to measure its effectiveness.
- We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our OFFERINGS, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information.
3. Will Your Information Be Shared With Anyone?
We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. We may process or share your data collected on the following legal basis:
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Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
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Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
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Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
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Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
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Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
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Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
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Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
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Google Maps Platform APIs: We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Place API). To find out more about Google’s Privacy Policy, please refer to this link. We use certain Google Maps Platform APIs to retrieve certain information when you make location-specific requests. This includes: Business Location; and other similar information. A full list of what we use information for can be found in this section and in the previous section titled "HOW DO WE USE YOUR INFORMATION?". We obtain and store on your device ('cache') your location in the utilization of this API. You may revoke your consent anytime by disabling third-party cookies within your browser or blocking cookies for the desired websites. The Google Maps Platform APIs that we use store and access cookies and other information on your devices. If you are a user currently in the European Economic Area (EU countries, Iceland, Liechtenstein and Norway) or United Kingdom, please take a look at our Cookie Policy.
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Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
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Business Partners: We may share your information with our business partners to offer you certain products, services or promotions.
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Other Users: When you share personal information (for example, by posting comments, contributions or other content within the OFFERINGS) or otherwise interact with public areas of the OFFERINGS, such personal information may be viewed by all users and may be publicly made available outside the OFFERINGS in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our OFFERINGS, and view your profile data.
4. Do We Use Cookies And Other Tracking Technologies?
We use cookies and similar tracking technologies (like web beacons and pixels) in areas within our OFFERINGS to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our
Cookie Policy.
5. What Is Our Stance On Third-Party Websites?
We make an effort to share as little information as possible with third-party marketing and advertising platforms. The use of some third-party platforms takes away our ability to control, or even to know, what personal data is passed. We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our OFFERINGS. Our OFFERINGS may contain advertisements from third-parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third-parties. Any data collected by third-parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third-parties, including other websites, services or applications that may be linked to or from our OFFERINGS. You should review the policies of such third-parties and contact them directly to respond to your questions.
6. How Long Do We Keep Your Information?
We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. How Do We Keep Your Information Safe?
We aim to protect your personal information through a system of organizational and technical security measures. We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third-parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our OFFERINGS is at your own risk. You should only access the OFFERINGS within a secure environment.
8. Do We Collect Information From Minors?
We do not knowingly collect data from or market to children under 18 years of age. We do not knowingly solicit data from or market to children under 18 years of age. By using our OFFERINGS, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the OFFERINGS. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at
[email protected].
9. What Are Your Privacy Rights?
In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:
https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here:
https://www.edoeb.admin.ch/edoeb/en/home.html.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can log in to your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our OFFERINGS. To opt-out of interest-based advertising by advertisers with our OFFERINGS visit
http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may access your account settings and update your preferences.
10. Controls For Do-Not-Track Features?
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
11. Do California Residents Have Specific Privacy Rights?
Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information. California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third-parties for direct marketing purposes and the names and addresses of all third-parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account within the OFFERINGS, you have the right to request removal of unwanted data that you publicly post within the OFFERINGS. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed within the OFFERINGS, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
- every individual who is in the State of California for other than a temporary or transitory purpose and
- every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
Other than the information stated above in the, "Information Automatically Collected" section, all the information and data we collect is the information and data you voluntarily send to us through the use of our OFFERINGS such as, but not limited to, when posting content, creating an account, or sending a message to us or another MEMBER. In the past twelve (12) months we have collected the following categories of personal information:
1. Identifiers
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Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name.
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YES
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2. Personal information categories listed in the California Customer Records statute
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Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name.
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YES
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3. Protected classification characteristics under California or federal law
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Gender and date of birth
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YES
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4. Commercial information
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Transaction information, purchase history, financial details and payment information
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YES
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5. Biometric information
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Fingerprints and voiceprints
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NO
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6. Internet or other similar network activity
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Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements
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YES
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7. Geolocation data
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Device location
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YES
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8. Audio, electronic, visual, thermal, olfactory, or similar information
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Images and audio, video recordings or call recordings (when you call our offices) created in connection with our business activities
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YES
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9. Professional or employment-related information
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Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us
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YES
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10. Education Information
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Student records and directory information
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NO
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11. Inferences drawn from other personal information
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Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
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NO
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We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by email at
[email protected], by visiting our
Contact Us Form, or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers (such as, but not limited to, for data storage services or credit card processing) pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.
SilverStreak Digital Media has not disclosed or sold any personal information to third-parties for a business or commercial purpose in the preceding 12 months. SilverStreak Digital Media WILL NOT sell personal information in the future belonging to MEMBERS, website visitors, users and other consumers. We feel your data is your data and we take your privacy seriously.
Your Rights With Respect To Your Personal Data
Right to request deletion of the data - Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.
Right to be informed - Request to know
Depending on the circumstances, you have a right to know:
- whether we collect and use your personal information;
- the categories of personal information that we collect;
- the purposes for which the collected personal information is used;
- whether we sell your personal information to third-parties;
- the categories of personal information that we sold or disclosed for a business purpose;
- the categories of third-parties to whom the personal information was sold or disclosed for a business purpose; and
- the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
- you may object to the processing of your personal data.
- you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data.
- you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
- you may request to opt-out from future selling of your personal information to third-parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.
To exercise these rights, you can contact us by email at
[email protected], by visiting our
Contact Us Form, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
12. Do We Make Updates To Our Policies and Terms Agreement?
We may update our Policies and Terms Agreement from time to time in order to reflect, for example, changes to the cookies we use, or for other operational, legal or regulatory reasons. If we make material changes to our policies and terms, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. Please therefore re-visit our Policies and Terms Agreement regularly to stay informed.
The date at the top of this screen indicates when our Policies and Terms Agreement was last updated.
13. How Can You Contact Us About Our Policies and Terms Agreement?
If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), SilverStreak Digital Media, by email at
[email protected]
14. How Can You Review, Update, or Delete The Data We Collect From You?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please use our
Contact Us Form.