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By clicking "Submit" you are agreeing to GolfLogix Terms & Conditions
This Terms of Use Agreement sets forth the standards of use of the GolfLogix Online Community website (“Service”), and GolfLogix Smartphone Application (“Product”). By using the GolfLogix website and/or the GolfLogix application you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not continue usage of this website, nor download the application. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Golflogix.com. Your continued use of the Service and Product after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
GolfLogix provides the User with a golf community website that includes golf round statistic tracking and analysis and social media services. In addition, GolfLogix allows the User to download the GolfLogix application to a compatible Smartphone to track golf statistics, provide golf course distances and other features related to playing a round of golf.
To utilize both GolfLogix’ Product and Service, Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem, (2) provide cell phone service including data services and (3) pay any fees relate with such connections and services to the individual carriers. Some GolfLogix applications provide a mobile application for free. Please be aware that a User’s normal carrier's rates and fees, such as text messaging fees, will apply. The user is responsible for any additional charges that may be incurred through the User’s carrier.
In the event you change or deactivate your mobile service, Users are responsible for updating or canceling all account information on the GolfLogix website within 14 days to ensure proper communication and billing.
GolfLogix does not charge any fee for the User to participate in the GolfLogix community website Service. The User can opt to download the Smartphone application Product at no charge and be a Club Member at no charge. The User may opt, at their discretion, to upgrade to a Champion Member whereby annual dues will be specified and paid in advance by credit or debit card.
Champion Members payment is due annually on the anniversary of the date of membership and membership dues will continue unless a User cancels their membership by contacting GolfLogix’ Customer Service via phone, email or in writing. The User will be charged at the rate in effect at the time of renewal. A Champion Membership can be cancelled, terminated or discontinued by the User or GolfLogix, at its sole discretion, at any time.
By agreeing to become a member of the GolfLogix community, a User is automatically added as a member to GolfNow, a separate entity that provides exclusive GolfLogix member discounts and tee time emails. GolfNow is a third-party alliance partner to GolfLogix and, as such, is solely responsible for availability of, support of, or the content located on or through its third-party site. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. GolfLogix encourages all Users to review terms of use and privacy policies of third-parties sites.
The User is responsible for notifying GolfLogix of any change in name, billing address, email, telephone, credit card or other account information to insure uninterrupted service. To cancel GolfLogix service, the User must contact GolfLogix’ customer support department at 1-877-977-0162 or email: support@golflogix.com.
GolfLogix reserves the right to change membership fees and other charges at any time with or without prior notice.
The User agrees to allow GolfLogix to send information regarding the Product and Service from time to time. This information may be of a corporate, promotional, third-party advertising, or product nature. GolfLogix may contact the User via email, billing address, the GolfLogix smartphone application or through member contact on the Service website. At any time the User may opt out of receiving such information by following the specified procedure to opt-out, unsubscribe or block an application or by contacting GolfLogix’ customer support department at 1-877-977-0162 or email: support@golflogix.com. For more information on GolfLogix’ use of member information, read GolfLogix’ Privacy Policy.
The Service and Product are provided by GolfLogix on an ‘as is’ and on an ‘as available’ basis. To the fullest extent permitted by applicable law, GolfLogix makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service and Product in terms of its correctness, accuracy, reliability, or otherwise. GolfLogix shall have no liability for any interruptions in the use of the Product or Service. GolfLogix disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
GolfLogix does not warrant that its Product or Service will operate error-free or that its application, website and server are free of computer viruses and other harmful goods. If the User’s use of GolfLogix Product or Service results in the need for servicing or replacing equipment or data, GolfLogix is not responsible for those costs.
GOLFLOGIX SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GOLFLOGIX SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GOLFLOGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Users agree to indemnify and hold GolfLogix, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by a User, or other User of the Service using a GolfLogix membership privilege, of any intellectual property or any other right of any person or entity.
Users agree to not use the Service to: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a GolfLogix official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (v) upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (viii) upload, post, email 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; (ix) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or (x) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. GolfLogix shall have the right, but not the obligation, to monitor the content of the GolfLogix website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by GolfLogix and to satisfy any law, regulation or authorized government request. GolfLogix shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the GolfLogix website.
GolfLogix reserves the right to modify or discontinue the Service and Product with or without notice to a User. GolfLogix shall not be liable to a User or any third party should GolfLogix exercise its right to modify or discontinue the Service, Product, or any of the Product Features at any time. Member acknowledges and accepts that GolfLogix does not guarantee continuous, uninterrupted or secure access to our website or product and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Users acknowledge that GolfLogix is not responsible for the availability of, or the content located on or through, any third-party site. Users should contact the site administrator or webmaster for those third-party sites if Users have any concerns regarding such links or the content located on such sites. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. GolfLogix encourages all Users to review terms of use and privacy policies of third-parties sites.
Any dealings with advertisers found on the GolfLogix site are solely between the User and that advertiser. GolfLogix shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on the website. Users agree to assume the sole risk in dealing with any of said advertisers.
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While GolfLogix makes every effort to ensure that the information on its website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website. Any reliance on representations and warranties provided by any Vendor shall be at a User’s own risk.
Our website is operated and provided in the State of Arizona. As such, we are subject to the laws of the State Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Arizona.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available in the GolfLogix product application and websiteincluding site design, text, graphics, golf course data/layout, interfaces, and the selection and arrangements thereof is the property of GolfLogix and/or third parties protected by intellectual property rights. Any use of materials on the websiteor application, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of GolfLogix is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy GolfLogix web pages or the content contained therein without prior written permission of an authorized officer of GolfLogix. GolfLogix is a registered trademark of GolfLogix, Inc. GolfLogix’ trademarks may not be used in connection with any product or service that is not provided by GolfLogix, nor is it to be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GolfLogix. All other trademarks displayed on GolfLogix’ website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with GolfLogix.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by GolfLogix, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
GolfLogix, Inc. is committed to respecting your privacy and recognizing your need for appropriate protection and management of Personally Identifiable Information you share with us. The purpose of this privacy policy is to explain the types of Personally Identifiable Information or Non-Personally Identifiable Information GolfLogix obtains about visitors to our Site, how the information is obtained, how it is used, and the choices you have regarding our use of, and your ability to review and correct, the information.
The information we collect on our application and our Site generally falls into the following two categories: Personally Identifiable Information and Non-Personally Identifiable Information.
This refers to information that lets us know the specifics of who you are. The Personally Identifiable Information we collect when you use our Site or register and download our application may include your name, mailing address, phone number, e-mail address, company name, login name, passwords, job title and more. This is accessible in your GolfLogix profile area of the site. We request Personally Identifiable Information when you register for our application, correspond with us, complete our questionnaire and/or request sales information. It is clear when you are on a part of our Site that requires personal information, because we will ask you for it and you will need to complete a form or e-mail.
This refers to information that does not by itself identify a specific individual. The non-personally identifiable data we collect when you visit the GolfLogixSite may include the Uniform Resource Locator ("URL") of the website that you came from before visiting our Site, which pages you visit on our Site, which URL you go to next, which browser you used to come to our Site, your Internet Protocol ("IP") address, and any search terms entered on our Site. This Statement also contains more information about how we use cookies and other technology to collect this data.
We do not connect the Personally Identifiable Information and Non-Personally Identifiable Information we collect on our Site.
Our primary goals in collecting information are to provide customers with superior service and to provide all visitors a smooth, efficient, and personalized experience while using our Site. We use Non-Personally Identifiable Information on an aggregated basis to analyze customer behavior to help us understand how visitors use our Site and to measure interest in the various pages. We use this information to improve the content of our Site, to make our Site easier to use, and to customize our news distribution, advertising and promotion.
Our web servers may automatically recognize a visitor's domain name (such as .com, .edu, etc.), the web page from which a visitor enters our site, which pages a visitor visits on our site, and on some sites, how much time a visitor spends on each page. This information does not reveal a visitor's identity. We aggregate this information and use it to evaluate and improve our Sites. There may be times, such as requesting sales information, at which we ask you to provide certain information about yourself, such as your name, street address, telephone number, e-mail address, title, etc. Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to certain services, offers, and content on our Site and in our application
We use the Personally Identifiable Information you provide for internal business operations and to respond to your support requests in a timely fashion. From time to time we might establish a business relationship with other persons or entities that we deem trustworthy and whose privacy policies are consistent with ours. In such cases we might share information, including Personally Identifiable Information about you, that will enable such persons or entities to contact you regarding products and services that may be of interest to you.
Although unlikely, in certain instances we may be required to provide Personally Identifiable Information in response to a court order, subpoena, or government investigation. We also reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may release certain Personally Identifiable Information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions or to protect the rights, property, and safety of others and ourselves.
Our website uses "cookies." A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Generally, we use cookies to remind us of who you are to tailor our products and services. Most browsers automatically accept cookies, but you can usually refuse cookies, or selectively accept certain cookies, by adjusting the preferences in your browser. If you turn off cookies, though, there may be some features of our Site that will not be available to you and some Web pages may not display properly. You can find information on how you can control cookies and periodically delete collected cookies from popular search engines or through your computer manufacturer.
We use sophisticated encryption and authentication tools to protect the security of your personal information. 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 guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.
We urge you to keep any password(s) used in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.
Our Site may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked sites may be different from our privacy policy. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on such site.
To improve the Product and Services we offer you, GolfLogix may opt to expand its capabilities for obtaining information about users in the future. GolfLogix reserves the right, at any time, to modify, alter, or update our Privacy Policy agreement without prior notice. Modifications shall become effective immediately upon being posted in our application or on the Site. Your continued use of the Service and Product after Policy changes are posted constitutes an acknowledgement and acceptance of our Policy and its modifications. We will post changes here so that you will always know what information we collect online, how we use it, and what choices you have. Please be sure to completely read our Privacy Policy before using our Site or application.
To help us improve our Privacy Policy and practice, please give us your feedback. You may email us info@golflogix.com or write to us at GolfLogix, Inc., Suite 100A, 15685 N.Greenway-Hayden Loop, Scottsdale, AZ 85260.
Introduction:
This User Agreement and Privacy Policy governs each website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a "Service”) provided by Condé Nast, its parent, subsidiaries and/or affiliates (“we,” "us," or “our”) that links to this User Agreement and Privacy Policy, which is binding on all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, “you” or “your”).
Please read this User Agreement and Privacy Policy carefully. You can access this User Agreement and Privacy Policy any time in the footer of the Service's home page or initial screen. Your access, visitation and/or use of the Service, including without limitation any registration on any aspect of the Service, will constitute your agreement to this User Agreement and Privacy Policy. If you do not agree with the terms and conditions of this User Agreement and Privacy Policy, you may not access, visit and/or use the Service.
The User Agreement and Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the User Agreement and Privacy Policy.
If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service, whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to users of the Service (collectively, the "Agreement"), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement. In the event of any conflict or inconsistency between the terms and conditions of this User Agreement and Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Service or otherwise communicated to users of the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, "Content") available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service, including in the social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere, to foster compliance with the Agreement. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
If you have a Paid Subscription, your payment to GolfLogix will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
GolfLogix may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Spotify Service after the price change takes effect, you accept the new price.
We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the Service, including without limitation in our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, columns, articles, personal/job search and other classified ads, contests/sweepstakes, or elsewhere. Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the Service, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent our views or the views of our licensors, vendors, and/or service providers. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent or otherwise made available on the Service, including Content that violates the Agreement.
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Service, including without limitation any Content in your account/profile, or any of your messages, posts, or threads. This includes updates or upgrades to Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms, computers, or devices. If you do not refresh the Service after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users.
Jerry Birenz, Esq. Sabin, Bermant & Gould LLP 4 Times Square, 23rd Floor New York, NY 10036-6526 Phone: (212) 381-7057 Fax: (212) 381-7201 E-mail:copyright@sabinfirm.com
You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Service, your Content, unauthorized use of Content obtained on or through the Service, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service.
By accessing this Service, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, and shall be subject to all terms and conditions made available at the AP Terms and Conditions web page available here http://www.ap.org/termsandconditions/; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.
You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit and/or use the Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content for use with the Service (collectively, the "Mobile Participants"). We do not represent, warrant or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Agreement is between us and you; the Mobile Participants are not parties to the Agreement; (ii) the Mobile Participants and their parent, subsidiaries and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that the Service or your possession, access, visitation and/or use of the Service, infringes such third party’s intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement and/or discharge of such claim.
Our advertising service vendors and other third parties may also use Tracking Technologies to serve you advertisements tailored to interests you have shown by browsing on this Service and other sites, applications, destinations, and services you have visited, and to determine whether you have seen a particular advertisement before to avoid sending you duplicate advertisements, and for other lawful business purposes. In doing so, these third parties may collect non-personally identifiable data including for example the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of your computer, mobile or other device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The use of Tracking Technologies by third parties is subject to their own privacy policies, not this Privacy Policy, and we have no responsibility or liability in connection therewith. If you do not want the services that Tracking Technologies provide, you may be able to opt-out by visiting http://www.aboutads.info.
Your information may be transferred to, and maintained on, servers and databases located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as your jurisdiction. Please be advised that we may transfer your information to and from any state, province, country or other governmental jurisdiction, and process it in the United States or elsewhere. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to any such transfer.
California’s "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above in Section 2(B), if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact our Privacy Policy Coordinator as described below.
If you have any concerns or questions about any aspect of this policy, please feel free to contact our Privacy Policy Coordinator as follows:
Privacy Policy Coordinator Condé Nast 1313 Market Street Wilmington, DE 19801 Privacy_administration@condenast.com
As discussed above in Section 2(B) and 8, you may opt-out of having your personally identifiable information shared with third parties for their marketing purposes. If you wish to exercise this right, please contact our Privacy Policy Coordinator and state that you want to opt-out of our sharing with third parties. Also as discussed above in Section 2(B), if you wish to request updates or changes to your information or your preferences regarding receiving future promotional messages from us, you may contact our Privacy Policy Coordinator. Addtionally, you may click here to be removed from our promotional mailing lists If you opt-out of promotional mailings from Conde Nast, you may continue to receive certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile.
If you don't agree to the terms contained in this User Agreement and Privacy Policy, you must immediately exit the Service.
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