1. INTRODUCTION
1.1 PURPOSE
Neverstill Media, LLC (“Neverstill”, “us”, “we”, or “Company”) operates an online network of informational and community-driven websites including this website and any subdomains thereof (the “Website”).
The purpose of this Privacy Policy (the “Policy”) is to give you confidence as you visit our Website and to demonstrate our commitment to treating you fairly. This Policy only applies to this Website, and not to third party websites and content that you may be able to access from this Website, each of which may have its own terms of service and policies that differ from this Policy.
This Policy does not apply to information that we may obtain by means other than our Website, such as by phone, postal mail, e-mail, or other online and offline mediums. The Policy also does not apply to information collected about you by anyone except us and only applies to the Website on which this policy is found.
By visiting this Website you agree to the terms of this Policy. They may be amended from time to time, so check this page often for updates.
1.2 GENERAL
In general, you can visit this Website without telling us who you are or revealing any personal information. Typically, this information is requested when you become a member of the Website or contact us for information or other reasons.
To improve the services available through this Website, we may ask you for personal information and we may collect certain information from your computer each time you visit us.
This Privacy Policy explains, in general, what Personal Information and other information is collected on our Website, how the information is used, and with whom we may share such information. This Policy explains our practices and how you can opt-out of having your information shared for such purposes as direct marketing from third parties. Please take a few minutes to read this Policy to understand how we treat you and your information.
2. COLLECTED INFORMATION
We may collect two types of personally-identifying information from users: personal data (“Personal Information” such as names and contact details) and aggregated data on website usage (such as statistics and information on traffic patterns).
2.1 User-Provided Information
a. Registration
In order to use some features and services offered by this Website, you may be required to create an account with us. During the registration process, you may be required to provide certain Personal Information, including, but not limited to, your name, E-mail address, birthday, gender, mailing address, phone number, and links to your social networking accounts. We use this information to contact you about the services on our Website in which you have expressed an interest.
b. Correspondence
If you send us personal correspondence, such as E-mails or letters, or if other users or third parties send us correspondence about your activities, we may collect such information into a file specific to you. Users may also submit comments, questions, or other correspondence through “contact us” forms or similar features on our Website for which we may attribute and correlate personal information to the user’s account.
c. Social Sharing
Some features of our website may allow you to share information, products, or services with your friends and family through options such as “E-mail to Friend”, “Like on Facebook”, or similar buttons and forms. In some cases these features may request names, e-mail addresses, and other information regarding you or your friend or family member. Such information will be treated in accordance wih this Privacy Policy and applicable law.
d. Other
As a community-focused site, our Website may request or allow input of personal information in certain circumstances or situations, including, but not limited to: purchases, sweepstakes, contests, surveys, chat rooms, bulletin boards, forums, blog comments, and wikis. Such information will be treated in accordance with this Privacy Policy and applicable law.
2.2 Website Usage Statistics and Aggregate Data
a. Log Files
As is true with most websites, our Website gathers certain information and stores it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit Website pages, operating system, date/time stamp, demographic information, and movements around the site.
We typically use this information for internal system administration, to help diagnose problems with our server, and to administer our Website. Such information may also be used to gather broad demographic information, such as country of origin. We may link this information with your Personal Information when we feel that is necessary to enforce compliance with our rules and policies or Terms of Service, or to protect our Website, Company, customers, or others.
Any or all of these activities with regard to Website usage information may be performed on our behalf by our service providers.
b. Cookies
We may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a web server when you visit it. They are stored on your computer’s hard drive for record-keeping purposes. Cookies track where you travel on our Website and other websites and record what you visit, look at, and purchase. They may store the information in your shopping cart, and/or your username and password. A cookie may enable us to relate your use of our Website to other information about you, including your Personal Information. These purposes serve to improve and personalize your experience on our Website.
You may get cookies from our advertisers which is standard in the internet industry. We do not control these cookies, and these cookies are not subject to our privacy policy. Visit aboutads.info, networkadvertising.org, and our “Right to Opt-out” section below for more information.
Note that you may be able to adjust your web browser settings to notify you when a cookie has been set or to disable cookies entirely. However, in some cases, limiting cookie settings may preclude you from using or negatively impact the display or functionality of certain Website features.
c. Clear GIFs
We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies in the Website and in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image, located on a web page or in an e-mail or other type of message. When the image is retrieved by a user’s web browser, a clear GIF may enable us to relate your viewing or receipt of said image or message to other information about you, including your Personal Information.
d. Supplementation of Information
In order to provide certain services to you, we may on occasion supplement the personal information you submitted to us with information from third-party sources and website usage statistics.
3. USAGE OF COLLECTED INFORMATION
We use both personal information and aggregate information that is collected on the Website for multiple purposes.
3.1 Public Forums
When you contribute to a public area or feature of our Website, such as a bulletin board, chat room, blog, wiki, or another open forum that we make available through our Website, the information you submit will be made available to the general public and will not be considered “Personal Information” for the purposes of this Privacy Policy.
For this reason, we recommend that you do not submit any sensitive personal information, including your full name, home address, phone number, or other information that would enable other users to locate you, your additional personal information, or your financial information on these areas of our Website.
3.2 Editorial Purposes
We may use the information provided to us through public forums, comments, e-mails, Q&A, polls and other sources on the Website, for editorial purposes, and we may use your name and related information that you provide to us in articles and places we publish on the Website and the Website’s related properties.
All information you provide, including but not limited to, personal anecdotes, name, likeness, photograph, and biographical information, may be attributed to you. We may edit, rewrite, use, and reuse the content in any way and on any media, whether now known or invented in the future, with or without attribution, as well as in trade media, advertising, and promotions.
You agree that any content you send will comply with the Terms of Use.
3.3 Improve and Customize Service
We may use your personal information and related aggregate information to analyze user behavior and measure interest for the purpose of customizing and improving services and features. We may use this information to correspond with you, for example in the form of e-mails and mailings, to send you information about products, services, companies, events, sponsors, and other opportunities that we identify may interest you.
You may opt-out of receiving such notices from us, at any time, by following the instructions in the “Right to opt-out” section below.
3.4 Service-related Announcements
We may send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally (but not always), you may opt out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
3.5 Co-sponsored Contests, Sweepstakes, and Offerings
Some of our contests, sweepstakes, and other offerings may be co-sponsored by another company. In those situations, the information we obtain from you in connection with such contest, sweepstakes, or offering may be shared with our co-sponsor. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. If you do not wish for the information we obtain from you to be shared with our co-sponsor, then do not enter such contest, sweepstake, or other offering or otherwise provide to us any Personal Information in connection with such contest, sweepstake or other offering. We are not responsible for how our co-sponsors may use your information.
3.6 Business Partners and Service Providers
We may use third parties to help both our Company and Website operate and deliver related products, services, and features. We may share your Personal Information with our affiliates, service providers, business partners, and other third parties that provide these products and services. For example, this includes but is not limited to, hosting companies, e-mail service providers, analytics companies, distribution companies, and fulfillment companies. Unless otherwise stated, these companies do not have any right to use the Personal Information we provide them beyond what is necessary for them to assist us.
When you conduct e-commerce with one of the e-commerce affiliates or service providers to which the Website may be linked, certain personal information such as you e-mail address and home address may be collected by the service provider’s server and made available to us. We do not, however, transfer credit card information you may provide to that service provider.
3.7 Third Party Ad Servers
We may use third-party advertising companies to serve ads when you visit our Website. These companies may use information about your visits to this Website and to other websites in order to provide advertisements about goods and services they believe are of interest to you. These companies may use cookies and clear GIFs to measure advertising effectiveness.
Any information that these third parties collect via cookies and clear GIFs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses’ privacy policies if you should have any concerns about how they will care for your personal information.
a. Exponential Interactive, Inc Exponential Interactive, Inc, as our partner, have a legitimate interest to collect and profile personal data in the form of IP address and cookie ID from users on our website in order to provide targeted online advertising and ad measurement. For more details including opt-out requests, access requests or complaints, please review their privacy policy or contact their data protection officer via [email protected].
3.8 Business Transfer
In the event that the Company, Website, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, or liquidation, Personal Information will likely be transferred.
3.9 Legally Compelled Disclosures
We may disclose Personal Information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose Personal Information when we have reason to believe that someone has committed, or will commit, unlawful acts or acts that endanger the health or safety of another; is causing injury to, or interference with, our rights or property, other suers of the Website, or anyone else that could be harmed by such activities. In some situations, we may share your personal Information, on a confidential basis, with third parties who perform a particular service on our behalf, such as sending e-mails from a lawyer under our direction.
3.10 Disclaimer
We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from this Website or other websites owned by the Company.
4. SECURITY
4.1 General
No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of the Web Site to intercept or access transmissions or private communications unlawfully, including in the case of your contacting us by e-mail or a “contact us” or similar feature on our Website. Accordingly, though the Website may take reasonable steps to protect the security and integrity of all Personal Information provided to this Web Site, due to the inherent nature of the internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Any such transmission is done at your own risk.
4.2 Children
The Website is not intended for use by children under the age of 13 or for children between the ages of 13 and 17, except in accordance with the Terms of Service. No one under the age 13 is authorized to provide any Personal Information or use our public discussion areas, forums and chat rooms. The Website does not knowingly collect Personal Information from children under the age of 13.
4.3 Phishing
Identity theft is a continuing global problem, with unauthorized individuals or companies to send e-mail messages and and other correspondence to consumers, purporting to be a legitimate representative. For example, a bank or online merchant requesting sensitive account or payment information. Although the correspondence may appear to be from the domain and account of a legitimate source, in reality, sometimes it’s illegally spoofed in hopes of collecting such sensitive information. This illegal activity is known as “phishing”.
If you receive an e-mail correspondence that appears to be from this Website, requesting sensitive Personal Information (such as passwords or credit card information), or that otherwise seems suspicious, do not provide such information and report such a request by using the Website’s contact form.
4.4 Linked-To Websites
This Website and other websites owned by Neverstill may contain links to other sites. However, please be aware that Neverstill is not responsible for and cannot control the privacy policies and terms of service of such other sites. We encourage you to be aware when you leave this Website, and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by websites owned by our Company.
5. ENFORCEMENT
If for some reason you believe Neverstill has not adhered to the principles of this Privacy Policy, please notify us by accessing the “Contact Us” link and submitting a formal complaint or question.
5.1 Limitations of Warranties and Remedies.
To the full extent allowed by law, NEVERSTILL disclaims all warranties, terms or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, fitness for a particular purpose, and warranty of non-infringement. NEVERSTILL neither assumes nor authorizes any other person to assume for it any other liability in connection with SERVICES FROM NEVERSTILL. liability OF NEVERSTILL will not exceed the fee paid by the customer for the PURCHASE of the products. In no event will NEVERSTILL be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if NEVERSTILL has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
5.2 Indemnification
Each of the parties acknowledges and agrees that by entering into and performing its obligations under this Privacy Policy, Neverstill will not assume and should not be exposed to the business and operational risks associated with Your business. You agree to defend, indemnify, and hold harmless Neverstill and its officers and employees against any and all third party claims, suits, costs, losses, liabilities and expenses of any kind (including reasonable attorneys’ fees) that Neverstill may incur arising out of or resulting from the use of the Website or any of the services of Neverstill, the end user, or any other person.
5.3 Consent to Processing
This agreement will be construed and governed in accordance with the laws of the state of Maryland in the United States of America, without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this agreement, all parties irrevocably submit themselves to the exclusive jurisdiction of the state and federal courts in Baltimore City, Maryland with regard to any dispute relatING to this Privacy Policy or its enforcement. The parties also hereby waive any challenge to venue they may have to a lawsuit filed in a state or federal court in Baltimore City, Maryland, regarding a dispute between the parties relating to this Privacy Policy or its enforcement.
5.4 Severability
If any provision of this Privacy Policy is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
5.5 Additional Provisions Regarding Liability
The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or unlawful conduct, or damages for strict liability that may not be limited by law.
5.6 Notices
Any notices or other communication required or permitted to be made or given by either Party pursuant to this Privacy Policy will be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally or sent by recognized overnight express courier, to the address specified herein or such other address as Neverstill may specify in writing. All notices shall be sent to:
Neverstill Media LLC
6328 Baltimore National Pike
Suite 200
Catonsville, MD 21228-3901
6. ADDITIONAL INFORMATION
6.1 Changes to this Privacy Policy
We reserve the right to change or update this Privacy Policy, or any of our other policies or practices, at any time, and will notify users of this Website by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Website. Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as aposting a notice on the front page of our Website or sending you an E-mail.
6.2 Right to Opt-out
You have the right to “opt-out” of certain of our uses of your Personal Information on this Website. For example, at the time you are requested to provide Personal Information on this Website, you may have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities affiliated or unaffiliated with the Website for their marketing purposes. You may also make this request by sending an E-Mail through the Contact Us link on this Website indicating you wish to opt-out of correspondence.
Additionally, it is recommended you visit aboutads.info to further understand and educate yourself regarding online advertising. The List of Participants identifies which ad agencies and ad networks make it easy to opt-out. You may also wish to take special note of the “For Consumers” section.
Opt-out links from some (but not all) of our Company’s affiliated partners and ad agencies can be found here: Admeld, AOL Advertising, Casale Media, Google, IDGTechNetwork, Kontera, Quantcast, Yahoo. You may also attempt to find relevant opt-out options through NetworkAdvertising.org.
Please understand that if you opt-out of receiving correspondence from us, we may still contact you in connection with your relationship, activities, transactions, and communications with us. Furthermore, it may be necessary to contact you for reasons outlined in Section 3 titled “Usage of Collected Information”.
6. Contact Information
If you have any questions or comments regarding our privacy practices, you may contact us by using the contact form on this Website or any Company website.
Effective Date: January 18, 2013
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