Layman Terms - test
We are not going to sell your personal information to anyone! No If's, And's or But's!!! We will only provide your information under the order of a recognized court providing a search warrant for such information! Or in an emergency situation, in my best judgement, may provide information to recognized law enforcement agencies! - Founder.... Now to the legal section.
Your IP Address
Like most e-commerce Websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.
Information We Collect From You
In order to operate the Site and to provide you with information about products or services that may be of interest to you, we may collect "personal information" (i.e. information that could be used to contact you directly (without using the Site) such as full name, postal address, phone number or email address), "financial information" (i.e. credit card numbers or passwords) or "demographic information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information; this may include, but is not limited to, zip code, postal code, hometown, gender, username, age/birth date, purchase history information, browsing history information, searching history information, registration history information, and the content of communications between you and other members over the Site), subject to the rest of this paragraph. Demographic information is divided into two categories: 1) "non-public information", which consists of purchase history information and one-on-one communications between you and other users of the Site; and 2) "public information", which consists of all other demographic information. We ask that you do not enter personal information or financial information into your “Profile” (for example, don't use your address or passcode as your username, or include your name or address in your written responses), because if you do then it may be posted publicly on the Site, and the information will then be treated as "demographic information" that is "public information." Please note that nowhere on the Site do we knowingly collect personal information from children under the age of 18, as we require that all users represent to us that they are at least 18 years old.
Information Other Websites Collect From You
How We Use Personal Information
We use your email address and your other personal information to help us efficiently operate the Site, to contact you in connection with your transactions and other activities on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with Topshelfd, and to forward messages to you from other Topshelfd users. These types of communications, are known as "Operational Communications." In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
We also use personal information to send you newsletters, information, offers and other promotional materials for Topshelfd or third parties' goods or services. We attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information. The Site provides you with options to decline to receive communications from Topshelfd (other than those contained in Operational Communications). Some of these options may only be for a certain category of communications; others may be more general. By posting a profile on the Site, you are opting in to receive the Topshelfd by Mail email. To stop receiving Topshelfd by Mail, go to the "Email Options" section of your account settings and change your desired frequency" to "Never."
To operate the Site, including processing your transactions and supporting your activities on the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, email origination, receipt or support services, customer relationship management services, order fulfillment and sweepstakes and promotional fulfillment. We require these entities not to use your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Site, or electing to receive communications (such as emails or magazine subions) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Site, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.
In some cases, we may enter into a promotional relationship with another company in which we prominently display their brand name or trademarks on pages of the Site. These pages are known as "Co-Branded Pages" and these companies are known as “Co-Branded Companies.” If the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your personal information with the associated Co-Branded Company. Co-Branded Companies may use your personal information in accordance with their own privacy policies. You will need to contact Co-Branded Companies to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Co-Branded Companies in the same manner in which we are entitled to use and disclose any other information you submit to us. Some Co-Branded Pages may contain an action tag (also known as a Web Beacon or a 1 pixel .gif file) that a third party, such as the advertising company Avenue A, may use to read cookies that it, or its clients, may have placed on your browser at other (non-Topshelfd) web sites before your visit to Topshelfd. This technology is used to measure the effectiveness of advertisements on such other Websites that promote Co-Branded Pages.
Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.
Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your personal information.
How We Use Financial Information
We use your financial information to check your qualifications, to bill you for products and services and to enable you to participate in discount, rebate and similar programs in which you may elect to participate. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information, on the Site, you consent to our providing your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity. By purchasing, or registering or making reservations for, products or services of third parties offered on the Site, or by participating in programs offered on the Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Additionally, if the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your financial information with the associated Co-Branded Company. Any of these various third parties (including Co-Branded Companies) may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us. Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your financial information.
Special Cases in which we Share Personal and Financial Information
How We Use Public Information and Other Demographic Information
Our Security Precautions
The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. We encrypt all of your personal and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
How You Can Access and Update Your Email Preferences, Personal Information and Public Information
You must be eighteen or over to register as a member of Topshelfd or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by Topshelfd of your written or email notice of termination. Topshelfd may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Topshelfd. If Topshelfd terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subion fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
3. Non Commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on Topshelfd.
Topshelfd owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Topshelfd, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site.
a. You understand and agree that Topshelfd may review and delete any content, messages, Topshelfd Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of Topshelfd violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
c. By posting Content to any public area of Topshelfd, you automatically grant, and you represent and warrant that you have the right to grant, to Topshelfd an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Topshelfd reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
# is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
# harasses or advocates harassment of another person;
# involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
# promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
# promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
# contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
# provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
# provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
# solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
# engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Topshelfd cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Topshelfd reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Topshelfd deems appropriate in its sole discretion.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a deion of the copyrighted work that you claim has been infringed; a deion of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may only sign up for 1 subion to Topshelfd.
8. Member Disputes.
You are solely responsible for your interactions with other Topshelfd Members. Topshelfd. reserves the right, but has no obligation, to monitor disputes between you and other Members.
Topshelfd is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Topshelfd is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Topshelfd assumes no responsibility 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, user or Member communications. Topshelfd is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Topshelfd be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Topshelfd expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Topshelfd cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
11. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will Topshelfd be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Topshelfd has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Topshelfd liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Topshelfd for the Service during the term of membership.
12. U.S. Export Controls.
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of [YOUR JURISDICTION] without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in [YOUR INFO HERE].
You agree to indemnify and hold Topshelfd, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Topshelfd regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement. Topshelfd is a trademark of Topshelfd