Privacy Policy and Terms of Use

 

Effective Date: October 20, 2006.

 

 

This website is owned or managed by Simmons Media Group, LLC (“SMG”).  By visiting this website you agree to comply with and be bound by the following terms and conditions of this Terms of Use and Privacy Policy, and any modifications that SMG may make from time to time.  If you do not accept these terms and conditions, do not use this website.  SMG may change the Terms of Use or Privacy Policy at any time without notifying you.  Please check this Terms of Use and Privacy Policy regularly for changes. 

 

 

TERMS OF USE

 

Limitations on Use: 

 

All content and materials provided on this website, such as text, graphics, music and photographs are the property of SMG or its licensors and are protected by United States and international laws.  You may download, view and print individual pages of this website for personal, noncommercial use, so long as you do not modify any such content or materials, including copyright and trademark notices.  You agree not to use webcrawlers, spiders, robots, or the like to harvest, download or copy information from this website.  Unless you receive written permission from SMG, you agree not to distribute, reproduce, sell, transmit, publicly display, perform or create derivative works from any of the content or materials provided on this website.  You further agree that you will not impose an unreasonable or disproportionately large load on this website’s infrastructure, interfere, or attempt to interfere, with the proper working of this website or bypass any security features provided on this website.  You may not use any mark, logo or design from this website without SMG’s written permission.  SMG reserves all rights not expressly granted in these Terms of Use.

 

Linking or Framing this Website: 

 

If you wish to provide a hyperlink to or frame this website, please contact us at legal@simmonsmedia.com.

 

Links to Other Websites: 

 

This website may contain links to other websites, which are provided for your convenience and information only.  You agree and acknowledge that SMG is not responsible for and does not endorse any information, services or products contained in a linked website. 

 

Limitation of Liability: 

 

You understand and agree that SMG, its affiliates, subsidiaries, officers, directors, employees, and agents shall not be liable for any direct or indirect damages or injury of any kind or nature, including incidental, general, consequential or exemplary damages, lost profits and lost data, regardless of whether such damages or injury results or arises from the use or inability to use this website or any information, products or services offered on this website, whether based in contract, tort or otherwise, even if foreseeable or SMG was advised of the possibility of such damages or injury.

 

Disclaimer of Warranties: 

 

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SMG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE APPROPRIATENESS, ACCURACY OR AVAILABILITY OF THE INFORMATION INCLUDED ON THIS WEBSITE, OR AS TO THE OPERATION OF THIS WEBSITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  SMG DOES NOT WARRANT THAT THE INFORMATION IN THIS WEBSITE IS ACCURATE, RELIABLE OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Indemnification:

 

You agree to indemnify, defend and hold harmless SMG, its affiliates, subsidiaries, officers, directors, employees, agents, successors and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost and expense, including reasonable attorneys’ fees and costs arising out of or resulting from any violation by you of this website, these Terms of Use or Privacy Policy or any content, materials or information contained in it.  SMG reserves the right to assume the exclusive defense, at its own cost, of any matter otherwise subject to indemnification by you, and you agree to cooperate in such defense.

 

International Use:

 

SMG makes no representation that information or products available on this website are appropriate or available for use outside of the United States.  Access to this website from locations where such access is illegal is prohibited.  If you choose to access this website from locations outside of the United States, you do so at your own risk and you take responsibility for complying with all local laws.

 

Copyright:

 

If you believe that a copyright work that you own (or have an exclusive license to) is accessible on this website without your permission, you may notify us by contacting our designated agent listed below.  All such inquiries must include the information specified in Title 17, United States Code, Section 512.

 

Designated Agent:

 

Bret J. Leifson

515 South 700 East, Suite 1C

Salt Lake City, UT 84102

legal@simmonsmedia.com

 

Governing Law:

 

You agree that your use of this website, the Terms of Use and Privacy Policy and any disputes relating thereto shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.  By using this website, you consent to the exclusive jurisdiction of and venue in the state or federal courts located in Salt Lake County for all disputes arising from or related to the use of this website, and you waive all defenses to the exclusive jurisdiction of such courts.

 

Termination:

 

If you violate any of the terms or conditions of these Terms of Use, your permission to use this website shall immediately terminate.  SMG reserves the right to terminate your access to this website, or any part thereof, at any time and for any reason.

 

 

PRIVACY POLICY

 

Effective Date: October 20, 2006.

 

 

SMG respects the privacy of visitors to this website, and has provided this Privacy Policy to assist you in understanding what information is collected through this website, and how we handle such information.  SMG may change this Privacy Policy from time to time and we encourage you to review it periodically.

 

The Information We Collect About You and How We Use It:

 

We automatically collect some usage information, such as the number and frequency of visitors to this website and the pages that are visited.  None of this information is used to identify you personally.  This data helps us to determine usage levels on different parts of this website and to conduct other internal research.  In addition, we may aggregate such data and disclose it in an anonymous manner to third parties or as required by law.  

 

We also collect information that does identify you personally, which you voluntarily provide to us through this website, such as when you register for a group, request a song, participate in a survey or buy something.  Such information may include your name, address, phone number, credit/debit card and email address.  We use this information to provide you with information, products and services that you request.  By providing us with such information you consent to our use of it for marketing purposes and to communicate with you.  By giving this website your financial information (such as a credit card), you authorize SMG, or its employees or agents, to use that information to confirm and fulfill your order.      

 

If you do not wish to provide us with certain information online, then refrain from providing it when asked.  Note, however, that this may limit the extent to which you can utilize this website.  If you do not want to receive email from us, please let us know by contacting us at legal@simmonsmedia.com.

 

This website also employs cookies to recall information that you provide, and so that you can customize certain portions of this website for your own purposes.  In general, a "cookie" is a small piece of text data stored on your computer by a website, to give your computer a unique identity while the website performs certain processes, such as filling in an online member form, or calculating the number of unique visitors at a given time.  Cookies may contain personal information, like email addresses, usernames, or passwords, or completely anonymous information, like a randomly generated number.  Cookies may be deleted once you leave a site, a section of a site, or close the browser; or they may remain, so that the website remembers you the next time you visit that site.

 

Most browsers allow you to decline cookies automatically or to accept or decline each cookie individually.  If you choose to decline cookies from this website, however, you may not be able to use some sections of this website or it may hinder certain website functions. 

 

In addition, note that any information you provide to a site that is linked to this website will be governed by the terms of use and privacy policy of that site.  We encourage you to read the terms of use and privacy policy of the relevant site prior to providing any personal information.

 

How We Share or Disclose Your Information:

 

As a matter of policy, SMG will not sell, share or rent information about you or your business that we collect on this website in ways different from the following.  

 

  • SMG may disclose such information we collect if you consent to such disclosure.  For instance when you indicate that you would like us to provide you or a related party with our products or services.
  • SMG may disclose information you provide to us to advertisers.
  • SMG may disclose such information to companies and individuals we employ to perform services on our behalf, for instance analyzing data, maintaining our servers or hosting this website.  These companies and individuals will have access to your information only to the extent necessary to perform their functions.
  • SMG may also disclose information to the government or third parties when we, at our sole discretion, believe necessary or appropriate in connection with activity that is illegal or may expose us, or you, to liability or to protect our users or the public.
  • SMG may disclose and transfer such information to a third party who acquires all or substantially all of SMG’s business or operations.

 

Security of Your Information:

 

SMG uses reasonable security measures consistent with industry practice to protect information collected through this website.  You should be aware, however, that perfect security does not exist on the Internet; third parties may intercept or access transmissions that were intended to be private. 

 

Chat Room and Forum Participation:

 

Be aware that any information you provide in an online chat room or forum is available to the public generally.  SMG reserves the right to gather any information volunteered by you in a chat room or forum on this website.  SMG may, but is not obligated to, monitor or edit a chat room or forum on this website and disclaims all liability arising from or related to any posting in a chat room or forum on this website. 

 

Submissions:

 

All remarks, suggestions, ideas, graphics and other information or content (“Submissions”) that you communicate through this website shall be the property of SMG, or if Submissions are not deemed SMG property, you hereby grant to SMG a nonexclusive, irrevocable, fully transferable license to use, reproduce, display, distribute, perform and create derivative works from Submissions.  SMG may use Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.

 

Changing Your Information:

 

You may review, update, correct or change the information you provide to this website by accessing your profile online or at the bottom of any email sent to you from SMG, or by contacting SMG directly.  

 

Our Policy Toward Children:

 

You must be at least 13 years old to register for any services provided by this website or to participate in any chat room or forum on this website.  If you are under 13 years of age, please do not send any information about yourself to us.  We never knowingly request personally identifiable information from anyone under the age of 13 without verifiable parental consent.  If we become aware that a child under 13 has provided us with personally identifiable information without verifiable parental consent, we will use our best efforts to remove such information.  If you become aware that your child has provided us with such information, please contact us at legal@simmonsmedia.com.

 

Unless otherwise specified, you must be at least 18 years old to participate in any online contests.

 

 

CONTACTING SMG

 

If you have any questions or comments regarding this Privacy Policy or Terms of Use please contact SMG at legal@simmonsmedia.com.