3. Ownership and Feedback
3.1 Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Covered Sites are owned by valentinesgiftideas.org or valentinesgiftideas.org’s licensors. The provision of the Covered Sites does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. valentinesgiftideas.org and its suppliers reserve all rights not granted in this Agreement.3.2 If you provide valentinesgiftideas.org any feedback or suggestions regarding the Covered Sites (“Feedback”), you hereby assign to valentinesgiftideas.org all rights in the Feedback and agree that valentinesgiftideas.org shall have the right to use such Feedback and related information in any manner it deems appropriate. valentinesgiftideas.org will treat any Feedback you provide to valentinesgiftideas.org as non-confidential and non-proprietary. You agree that you will not submit to valentinesgiftideas.org any information or ideas that you consider to be confidential or proprietary.
4. User Content
4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Covered Sites (e.g., photos, audio, video, messages, text, files, or other content you provide us). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by valentinesgiftideas.org. Because you alone are responsible for your User Content (and not valentinesgiftideas.org), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. valentinesgiftideas.org is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire. Under no circumstance will valentinesgiftideas.org be liable for any inaccuracy or defect in any User Content.4.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to valentinesgiftideas.org an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.4.3 Acceptable Use Policy.The following sets forth valentinesgiftideas.org’s “Acceptable Use Policy”:(a) You agree not to post, email, or otherwise make available.
Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Registration, and/or reporting you to law enforcement authorities. If valentinesgiftideas.org elects to modify User Content, valentinesgiftideas.org nonetheless assumes no responsibility for the User Content.4.5 Other Users. Each Covered Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Covered Site users are solely between you and such user. You agree that valentinesgiftideas.org will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Covered Site user, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and valentinesgiftideas.org has no obligation to monitor or delete any such User Content.4.6 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Covered Site users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE COVERED SITES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE COVERED SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
DUE TO THE INHERENT NATURE OF THE INTERNET, 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. valentinesgiftideas.org ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. valentinesgiftideas.org IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE COVERED SITES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE COVERED SITES OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL valentinesgiftideas.org BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE COVERED SITES, ANY CONTENT POSTED ON OR THROUGH THE COVERED SITES, OR CONDUCT OF ANY USERS OF THE COVERED SITES, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE COVERED SITES. YOU USE THE COVERED SITES AT YOUR OWN RISK. SOME AREAS OF OUR COVERED SITES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH valentinesgiftideas.org OR MEMBER OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. valentinesgiftideas.org CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE COVERED SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE COVERED SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID valentinesgiftideas.org IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Third Party Sites & Ads
The Covered Sites might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of valentinesgiftideas.org and valentinesgiftideas.org is not responsible for any Third Party Sites & Ads. valentinesgiftideas.org provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
Term & Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Covered Sites. We may (a) suspend your rights to use the Covered Sites (including your User Registration) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Covered Sites in violation of this Agreement. Upon termination of this Agreement, your User Registration and right to access and use the Covered Sites will terminate immediately. You understand that any termination of your User Registration involves deletion of your User Content associated therewith from our live databases. valentinesgiftideas.org will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Registration or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effec
Collection of Information
Information You Provide. valentinesgiftideas.org generally collects Personally Identifiable Information that you voluntarily provide. For instance, when you enter a sweepstakes or contest, complete a survey, participate in a reader panel, register for those portions of our Covered Sites that may require registration, make a purchase, participate in our social networking features, request back issues of our Magazines, subscribe to our Magazines, subscribe to receive newsletters, promotional correspondence, or other electronic services, or send us an email or feedback, you may be asked to provide information such as your e-mail address, name, phone number, shipping address, and billing information, and we will collect such information as well as any other content you provide us in engaging in any of the above activities. Information such as your age, gender, hobbies or interests may also be requested. If you elect to post material to any blogs, forums, participate in our social networking features or other community boards that may be offered on our Covered Sites, then such materials will be collected and may be publicly available for others to view.
Cookies and other technologies.
(ii) Some of our third party partners (including advertisers and marketing services companies) may set and access cookies and similar technologies on your computer as well, or we may do so on their behalf. We do not have control over how these third parties use such cookies and similar technologies or the information derived therefrom.
(iv) Some of our emails may contain tags that allow us and our advertisers and other partners to determine the types of content that may be of interest to you. Those tags may contain Personally Identifiable Information and may be shared with others to the same extent indicated in Section 4. Those tags may not be deleted but you can opt out of receiving the emails as explained in section 5.
(c) Gifs. We may use “clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies, in the sites 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 (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a web page or message. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personally Identifiable Information.
(d) IP Address. Your Internet Protocol (“IP”) address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on our Covered Sites, the web sites you visit after this web site; the ads you see; the ads you click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this web site or a referral site; and other web usage activity and data logged by our web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our Covered Sites. We may also link this information with your Personally Identifiable Information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our Covered Sites, customers or others.
(e) Location Information. We may, and may enable our advertisers to, collect your location via certain services we provide through digital applications, wireless access protocol services (“WAP Services”) or mobile phone service (“Mobile Services”). We, or the service provider, will inform you of such collection at the time you use the service. By using such service, you hereby consent to our collection, use and disclosure of your location information as described.
(g) Tracking Requests. valentinesgiftideas.org does not act on Do Not Track requests from your browser. For more information click here.
(h) Effect of Tracking Requests. valentinesgiftideas.org does not act on Do Not Track requests from your browser because, this way, we are able to personalize your experience on our sites and tailor content to your interests.
3. Use of Information.
(a) valentinesgiftideas.org uses information we collect from you in part to provide you with the service you have requested. If you subscribe to any of our Magazines, we may also use your e-mail address to send you a confirmation notice and your mailing address to send you your Magazine. Similarly, if you enter online sweepstakes, we will also use this information to notify you if you are a winner. We also use your information to identify you as a user, improve our Covered Sites and services, send you administrative notifications, and respond to your inquiries. We might also send out e-mails to users and sweepstakes/contest entrants to announce special offers, services and announcements from our Covered Sites, our partners and/or our advertisers. We also use information in connection with advertising and to serve other content, as described in section 4(d) below.
(b) We may combine and use any and all information we collect on you either online or otherwise, including from third parties, for marketing purposes.
(c) When you subscribe to a digital edition of one of our magazines, you will automatically be assigned a user name (which is your email address) and password. Your user name and password will be retained and recognized in the event you thereafter subscribe to a digital edition of another one of our magazines.
(d) In addition, we may use information you provide us through emails, Q&A, blogs, forums, in response to polls, or through any other user generated submission for editorial purposes, and may use your name and any stories you provide us in articles published online and in our Magazines. If you provide us with personal anecdotes, they may be attributed to you. valentinesgiftideas.org can edit, rewrite, use, and reuse the content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Magazines, and in trade media, and advertising.
(e) We may create Anonymous Information from Personally Identifiable Information by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Information for any purpose and disclose Anonymous Information to third parties in our sole discretion.