Thank you for visiting the Vidfile website located at www.Vidfile.net (the "Site"). The Site is an Internet property of Vidfile and its affiliated companies ("Vidfile," , "ProtectD", "we" or "us"). You agree to the following Vidfile Website Terms and Conditions ("Terms and Conditions"), in their entirety, when you: (a) access or use the Site; (b) register as a basic member on the Site ("Basic Member"), which enables you to access the various Basic Member services detailed below ("Basic Services"); (c) register as a free member on the Site ("Free Member"), which enables you to access the various Free Member services detailed below ("Free Services").
1. Scope of Agreement.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and Services. The Agreement constitutes the entire and only agreement between you and Vidfile with respect to your use of the Site and Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Site, the content contained therein and/or any other products and services provided by or through same. Vidfile may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Site and/or Services following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check the Site for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Vidfile is not responsible or liable in any manner whatsoever for your inability to use the Site and/or Services.
2. Modification of Agreement.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Vidfile is not responsible or liable in any manner whatsoever for your inability to use the Site, become a Member or use the Services.
The Site and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts underany applicable law.
Vidfile reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The information that you must supply on the Site in order to obtain Free Services may include, without limitation: (a) your e-mail address; (b) any other information requested by us on the Application.
You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Vidfile will verify and approve all Applications in accordance with its standard verification procedures.
You can access your Services Account at the Site using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Services Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Services Account, user name and password.
Vidfile may reject your Application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where Vidfile believes that you are in any way in breach of the Agreement; and (b) where Vidfile believes that you are, at any time, conducting any unauthorized commercial activity by and through your Membership.
6. Description of Services.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification;
The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Vidfile is not responsible or liable in any manner whatsoever for your inability to use the Site, become a Member or use the Services.
Site users that possess the requisite technology shall have the opportunity to: (a) utilize the "Basic Services" in order to: (i) upload video files ("Member Content") via the Site's functionality, generate a Embed ("Member Content URL") through which such Member Content will be accessible to that Basic Member and any third party with which the Basic Member shares the Member Content URL and use the Site's "File Manager" functionality , delete file and otherwise modify the Member Content files and Member Content URL
Vidfile will not be liable in any respect for lost, stolen or misdirected Member Content, for any failure to secure or protect Member Content and/or for failure use the File Manager features properly. You should keep copies of all Member Content submitted to the Site. You understand and agree that Vidfile is not responsible or liable in any manner whatsoever for your inability to utilize the Services including, but not limited to, the File Manager features.
7. Member Content.
The files saved with Vidfile are treated confidentially. Vidfile does not provide any search function, with which Vidfile's infrastructure can be searched. Vidfile does not scan or open the files of its users. The files are not catalogued nor listed in tables of contents by Vidfile. Only the owner of the account has the possibility to allow the access to his files.
As a Member, you agree that you are solely responsible for the Member Content uploaded by you to the Site, and for any and all subsequent uses of the Member Content URLs. If you post Member Content, you represent and warrant that you have all necessary ownership or other rights in and to the Member Content enabling you to upload it on the Site, generate a Member Content URL and display the Member Content URL and associated Member Content as intended. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations. In connection with the Member Content and Member Content URLs (collectively, "Content"), and your performance under the Agreement, you agree not to:
(a) display any Content that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable;
(b) display any Content that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party;
(c) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person;
(d) display any audio files, text, photographs, videos or other images containing confidential information without prior authorization;
(e) display any audio files, text, photographs, videos or other images that may be deemed obscene in your community, as defined under applicable law;
(f) express or imply that any statements you make are endorsed by Vidfile, without our specific prior written consent;
(g) harvest or collect personal information about end-users or other third parties, without their express consent;
(h) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, Services or related content;
(i) interfere with or disrupt the Services, Site and/or the servers and/or networks connected to same;
(j) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet;
(l) "frame" or "mirror" any part of the Site and/or Services without our prior written authorization;
(m) display any Content that could be considered exploitative of children in any way, whatsoever; and/or
(n) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site and/or Services or any software used on or for same;
(o) Upload or share files of pornographic nature.
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your account and access to the Services without notice, in the sole discretion of Vidfile. Vidfile reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, Vidfile reserves the right to report any Content that could be considered exploitative of children in any way, whatsoever, to the National Center for Missing and Exploited Children's CyberTipline and any and all other applicable legal and regulatory bodies.
8. Reviewing of Content.
Vidfile or its staff do not actively review content that is uploaded to the servers except for the following:
(a) Uploaded files are automatically checked against a list of keywords that are deemed prohibited. Files that match these keywords are disabled until they can be reviewed by a member of our staff. If they are confirmed to be prohibited, they are permanently removed. In case of child abuse related content, law enforcement is contacted in accordance to our terms mentioned in the previous section.
(b) We receive a DMCA notice from a copyright holder. We investigate the validity of the claim, and if infringing content has been indeed found, it is removed from our servers. Repeat offenders have their account terminated.
9. 3rd Party Indexing Sites.
Vidfile does not endorse any of the link indexing sites that may exist with a sole purpose of indexing Vidfile links to prohibited content. We periodically scan sites that are either reported or found, with proprietary software and remove any prohibited content that we encounter from our servers. Repeat offender accounts are terminated.
10. Non-Endorsement/Neutral Party.
Notwithstanding the foregoing, Vidfile undertakes no responsibility to monitor or otherwise police the Content made available by Members. Vidfile operates the Site and Services as a neutral party, and Vidfile does not regularly monitor, regulate or police the use of the Site and/or Services by any of its Members. The use of the Site and/or Services by a Member or otherwise does not constitute an endorsement by Vidfile of that Member. Vidfile is not responsible or liable for the acts, omissions, agreements, promises, content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any Member or other third party.
11. Premium Membership Fees.
Currently we dont offer any premium membership. (Vidfile - Free Video Hosting)
12. Cancellation of Membership.
You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, simply cease using the Site.
13. Referrals and Affiliates
In the future, Vidfile may introduce an affiliate or referral programs as per set guidelines.
14. License Grant.
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Member Content URLs, Site, Services and associated content (collectively, " Vidfile Content"). Vidfile may terminate this license at any time for any reason. Unless otherwise expressly authorized by Vidfile, you may only use the Site and the Vidfile Content for your own personal, non-commercial use. No part of the Vidfile Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Vidfile Content except as expressly permitted by Vidfile. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer Vidfile Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the Vidfile Content. You may not use the Vidfile Content in conjunction with any other third-party content. You may not exploit any aspect of the Vidfile Content for any commercial purposes not expressly permitted by Vidfile. You further agree to indemnify and hold harmless Vidfile for your failure to comply with this Section 12. Vidfile reserves any rights not explicitly granted in the Agreement.
15. Proprietary Rights.
The Vidfile Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Vidfile Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Vidfile Content is strictly prohibited. You do not acquire ownership rights to any Vidfile Content or other materials viewed at or through the Site. The posting of information or material at the Site does not constitute a waiver of any right in such information and/or materials.
16. Copyright Infringement Notice.
Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, Vidfile reserves the right to terminate the account of any Member who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Vidfile and later confirmation through court order or an admission by the applicable Member that an account has been an instrument of unlawful infringement, Vidfile reserves the right to terminate the infringing Member's account and access to the Site and/or Services. Vidfile may also, in its sole discretion, decide to terminate a Member's Site and/or Services privileges prior to that time if it has a good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), Vidfile has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Vidfile respects the intellectual property of others, and we ask our subscribers to do the same. If you believe that your copyright has been infringed through the use of the Services, or otherwise, please contact Vidfile the form here.
17. Legal Warning.
Any attempt by any individual, whether or not an Vidfile customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services is a violation of criminal and civil law and Vidfile will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
18. Representations and Warranties.
Member hereby represents and warrants to Vidfile that: (a) the Agreement constitutes Member's legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as the Member Content and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member's performance under the Agreement, the Member Content and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; and/or (iv) otherwise violate the prohibitions contained in Section 7 above; and (d) Member will be solely responsible for the Member Content and any use thereof.
You agree to indemnify and hold Vidfile, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Vidfile Content in any way; (b) your breach of the Agreement; (c) the Member Content; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 17 are for the benefit of Vidfile, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
20. Disclaimer of Warranties.
THE SITE, SERVICES, FILE MANAGER (Free Video Hosting) , MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Vidfile MAKES NO WARRANTY THAT THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Vidfile WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES, FILE MANAGER AND/OR MEMBER CONTENT URLS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Vidfile OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
21. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Vidfile SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Vidfile HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Vidfile FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Vidfile TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE TWO HUNDRED POUND STERLING (£200.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICES, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR Vidfile MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Vidfile. ACCESS TO THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Vidfile'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
22. Third Party Websites.
The Site and/or Services contain links to other websites on the Internet that are owned and operated by third parties. Vidfile does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Vidfile of the applicable website or any association with the website's operators. Because Vidfile has no control over such websites and resources, you agree that Vidfile is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Vidfile shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
23. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit and/or delete any Content, documents, information or other material appearing on the Site.
24. User Information.
25. Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in London, UK and shall be governed by and construed in accordance with the laws of UK (without regard to conflict of law principles). Should a dispute arise concerning the Site, Services and/or terms and conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the grand court of UK, in accordance with the then current Commercial Arbitration Rules of the grand court of UK. Any award rendered shall be final and conclusive to the parties and a judgment thereon may bes entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Vidfile and its directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Vidfile incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
27. How to Contact Us.
For any other questions or concerns please contact us on [email protected]
1. Personal Information that We Collect from You
(a) e-mail address;
(b) any other information requested on the applicable registration form;
(c) uplaoded files.
This information is not to be shared with anyone, and to be used for internal purposes only.
2. Sharing of Private Information
Your private information (as Defined in Section 1), is not to be shared with anyone under any circumstances unless the following conditions are met:
(a) User uploads prohibited content (See Terms and Conditions for Definition);
(b) User exploits Vidfile for illegitimate purposes;
Any of the following nullify our privacy obligations towards the user, which can result in sharing of your private information with a 3rd party.
We may disclose to parties outside Vidfile files stored in your account and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to
(a) comply with a law, regulation or compulsory legal request;
(b) protect the safety of any person from death or serious bodily injury;
(c) prevent fraud or abuse of Vidfile or its users; or
(d) to protect Vidfile's property rights.
3. How We Use Personal Information
We may also use your Personal Information for any Services-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 promotions and surveys. 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 Site.
We are able to offer the Services to you, in part, based on your willingness to be reached by our third-party advertisers. Your Personal Information (other than Sensitive 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 the Services, our other offerings and to keep you informed of our other products and services that may be of interest to you 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 Removal of Your Information/Opting Out section below.
By submitting your Personal Information at the Site, you agree to receive e-mail marketing from us and our third-party advertisers.
Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit Personal Information to be shared or transferred to third parties without permission.
If you enroll in certain Member programs, we may use your Personal Information to send you a welcome email that may confirm your user name and password. In addition, we may send you electronic newsletters, contact you about Services and other products, services, information and news that may be of interest to you, and provide you with targeted feedback. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use such information (including Personal Information) to respond to your questions or comments, and we may file your questions or comments for future reference.
We may also supplement the information that we collect with information from other sources to assist us in evaluating and improving the Site and Services, and to determine your preferences so that we can tailor the Site and Services to your needs.
4. Your IP Address
Each time that you visit the Site, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the Site and to better serve you in using the products, services and other features associated with the Site.
5. Cookies and Action Tags
Action Tags: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements or other information on the Site. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the Site and to provide information about what products/services are viewed or purchased. We reserve the right to retain cookie and action tag data indefinitely. At no time will we share cookie-related, action-tag-related and/or generated information and/or data with third parties.
6. How We Use Demographic Information and Aggregate Data
We use demographic information to tailor the Site and/or Services to the interests of our users. Demographic information is shared with third party advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties.
7. Our Security Precautions
We endeavor to safeguard and protect our users' information. The privacy of your Personal Information is very important to us. The servers that we store personally identifiable information in are kept in a secure physical environment. We have security measures in place to protect the loss, misuse and alteration of Personal Information under our control.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.
As a result, while we strive to protect your 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.
However, access to your information is strictly limited, and not accessible to the public. Employees not adhering to our 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. 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.
No information should be submitted to, or posted at, the Site by visitors under eighteen (18) years of age. Persons under eighteen (18) years of age are not permitted to access the Site and we do not knowingly collect Personal Information from such individuals. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
9. Removal of Your Information/Opting Out
At your request, we will remove Personal Information that you have provided to us. You may do so by e-mailing us at [email protected]
10. Your Acceptance of these Terms
Any disclosure of personal information will be strictly controlled in accordance with current UK legislation, in particular the UK Data Protection Act 1998 (the Act).
Contacting Us about Privacy Questions or Concerns
Cookies & 3rd Party Advertisements
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org/managing/opt_out.asp.
February 26, 2015