TERMS & CONDITIONS
These Terms and Conditions were last revised and are effective as of March 30, 2018.
PORTERSHIELDS.COM™ Terms and Conditions
Welcome to the www.portershields.com website (“Website”), the official Website for Porter Shields. This Website is owned and operated by Porter Shields, LLC (“we”, “our” or “us”) and is subject to these terms and conditions (“Terms and Conditions”) and our privacy policy (“Privacy Policy”). These Terms and Conditions together with our Privacy Policy (collectively, the “Terms”) represent a legally binding agreement between you and us regarding your use of our Website. By using our Website you are acknowledging you have read and understand these Terms and agree to be bound by them.
Our Website includes all web pages within our Website, including, without limitation, www.portershields.com and also includes backup, mirror, replacement or substitute websites or web pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on our Website, individually and/or collectively as “Content” and when we use the term “Website” it also includes Content, unless we specifically say otherwise.
We will refer to users of our Website, our features, our Content, our functions and services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier. When you see the word “use” or “using,” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, Content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion and/or Content in, on or available through our Website, for any purpose, or if you try to do any of these things.
TERMS AND WEBSITE CHANGES
We reserve the right to add to, delete or modify our Terms as well as all or part of our Website at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use our Website after the changes become effective, you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms that apply to you.
OWNERSHIP AND USE OF WEBSITE AND CONTENT
Our Website and, except as described below, all Content, is either our property or that of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners, and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when the word “Content” is used it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of our Website.
You may only use our Content for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
If any of our Content that we make available to you is software capable of being downloaded, then the software and all files, images and data relating to the software will be licensed to you by us. This license is a personal, limited, non-transferable, non-sub licensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Upon receiving such notice, you must destroy all copies of the software in your possession and/or residing on systems under your control. You do not own the downloaded software, and we do not transfer ownership of the software to you. We retain full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Software that is downloaded from this Website is subject to United States export control laws. If you download software from this Website, you represent and warrant to us that you are not acting in violation of those laws.
PROHIBITED USER CONDUCT
You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) redistribute, republish or exploit the Website’s Content or service for any further commercial or promotional purposes; or (b) attempt to gain unauthorized access to other computer systems through the Website.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of obtaining lists of users or other Content or information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
RIGHT TO TERMINATE
In addition to any other rights and remedies we may have under our Terms, we have the right to: (a) refuse service, remove or edit Content, discontinue, suspend or terminate your use of our Website and/or services at any time, in our sole discretion, including any time we determine, in our sole judgment, that you or your use of our Website may violate our Terms; and (b) use any technological, legal, operational or other means available to enforce our Terms.
LINKING TO THE WEBSITE
You agree that if you include a link from any other web site to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Website on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other web site at any time.
LINKS TO OTHER WEBSITES AND TRANSACTIONS WITH OTHER ORGANIZATIONS
If you see or use any links or conduits on our Website which allow you to browse, redirect or visit any third party web sites, web pages or other Internet or web-based locations (collectively, “Third Party Websites”), it does not mean that we are associated with, endorse, own or control those Third Party Websites. When you leave our Website, you should confirm the terms and conditions, privacy and other policies that apply to you, since we neither control, nor have any responsibility for any Third Party Websites, their practices or anything associated with their operations. In fact, even if a Third Party Website includes the Porter Shields or Portershields.com name, logo or other identification normally associated with Porter Shields, it may or may not be authorized by us and you should not assume it is our Website, unless it actually says so and the terms and conditions and privacy policy that apply to you are these Terms.
If you choose to correspond or engage in transactions with any other person, organization or business found on or through our Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your content, and/or the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on our Website.
In addition to our Shop at Portershields.com, our Website may permit you to make purchases of products or tickets through Third Party Websites. The terms associated with your transactions for these services and or products are subject to the terms and conditions and privacy policies of the Third Party Websites. If you have problems or questions regarding a transaction, please contact the Third Party Website directly.
LIMITATION OF LIABILITY
OUR WEBSITE AND ALL CONTENT IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE OUR WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CONDUCT AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING OUR WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITE, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED.
SOME STATE LAWS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
OPERATION OF THE WEBSITE – DISCLAIMER
We endeavor to maintain this Website and its operation, but are not, and cannot be, responsible for the results of any defects that may exist in the Website or its operation. As to the operation of the Website, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. We make no warranty that (i) the operation of the Website will meet your requirements; (ii) access to the Website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) defects will be corrected. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Website.
INDEMNIFICATION
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (each, a “Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
CHOICE OF LAW
These Terms and Conditions shall be construed and enforced under the laws of the State of Georgia applicable to parties resident in and contracts made, executed and wholly performed within the State of Georgia. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of Georgia and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms and Conditions. You agree that you will not file or participate in a class action against us. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
GENERAL PROVISIONS
These Terms and Conditions, together with our Privacy Policy, contain the entire agreement you have with us regarding our Website, Content and other subject matter set forth herein and supersedes any and all prior or inconsistent understandings that may apply to the subject matter.
If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. The illegality, invalidity or unenforceable acts of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
CONTACT US
If you have any questions about our Terms, please contact us at: info@portershields.com.
Copyright © 2018 Porter Shields™, LLC. All Rights Reserved.
These Terms and Conditions were last revised and are effective as of March 30, 2018.
PORTERSHIELDS.COM™ Terms and Conditions
Welcome to the www.portershields.com website (“Website”), the official Website for Porter Shields. This Website is owned and operated by Porter Shields, LLC (“we”, “our” or “us”) and is subject to these terms and conditions (“Terms and Conditions”) and our privacy policy (“Privacy Policy”). These Terms and Conditions together with our Privacy Policy (collectively, the “Terms”) represent a legally binding agreement between you and us regarding your use of our Website. By using our Website you are acknowledging you have read and understand these Terms and agree to be bound by them.
Our Website includes all web pages within our Website, including, without limitation, www.portershields.com and also includes backup, mirror, replacement or substitute websites or web pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on our Website, individually and/or collectively as “Content” and when we use the term “Website” it also includes Content, unless we specifically say otherwise.
We will refer to users of our Website, our features, our Content, our functions and services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier. When you see the word “use” or “using,” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, Content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion and/or Content in, on or available through our Website, for any purpose, or if you try to do any of these things.
TERMS AND WEBSITE CHANGES
We reserve the right to add to, delete or modify our Terms as well as all or part of our Website at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use our Website after the changes become effective, you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms that apply to you.
OWNERSHIP AND USE OF WEBSITE AND CONTENT
Our Website and, except as described below, all Content, is either our property or that of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners, and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when the word “Content” is used it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of our Website.
You may only use our Content for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
If any of our Content that we make available to you is software capable of being downloaded, then the software and all files, images and data relating to the software will be licensed to you by us. This license is a personal, limited, non-transferable, non-sub licensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Upon receiving such notice, you must destroy all copies of the software in your possession and/or residing on systems under your control. You do not own the downloaded software, and we do not transfer ownership of the software to you. We retain full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Software that is downloaded from this Website is subject to United States export control laws. If you download software from this Website, you represent and warrant to us that you are not acting in violation of those laws.
PROHIBITED USER CONDUCT
You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) redistribute, republish or exploit the Website’s Content or service for any further commercial or promotional purposes; or (b) attempt to gain unauthorized access to other computer systems through the Website.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of obtaining lists of users or other Content or information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
RIGHT TO TERMINATE
In addition to any other rights and remedies we may have under our Terms, we have the right to: (a) refuse service, remove or edit Content, discontinue, suspend or terminate your use of our Website and/or services at any time, in our sole discretion, including any time we determine, in our sole judgment, that you or your use of our Website may violate our Terms; and (b) use any technological, legal, operational or other means available to enforce our Terms.
LINKING TO THE WEBSITE
You agree that if you include a link from any other web site to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Website on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other web site at any time.
LINKS TO OTHER WEBSITES AND TRANSACTIONS WITH OTHER ORGANIZATIONS
If you see or use any links or conduits on our Website which allow you to browse, redirect or visit any third party web sites, web pages or other Internet or web-based locations (collectively, “Third Party Websites”), it does not mean that we are associated with, endorse, own or control those Third Party Websites. When you leave our Website, you should confirm the terms and conditions, privacy and other policies that apply to you, since we neither control, nor have any responsibility for any Third Party Websites, their practices or anything associated with their operations. In fact, even if a Third Party Website includes the Porter Shields or Portershields.com name, logo or other identification normally associated with Porter Shields, it may or may not be authorized by us and you should not assume it is our Website, unless it actually says so and the terms and conditions and privacy policy that apply to you are these Terms.
If you choose to correspond or engage in transactions with any other person, organization or business found on or through our Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your content, and/or the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on our Website.
In addition to our Shop at Portershields.com, our Website may permit you to make purchases of products or tickets through Third Party Websites. The terms associated with your transactions for these services and or products are subject to the terms and conditions and privacy policies of the Third Party Websites. If you have problems or questions regarding a transaction, please contact the Third Party Website directly.
LIMITATION OF LIABILITY
OUR WEBSITE AND ALL CONTENT IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE OUR WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CONDUCT AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING OUR WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITE, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED.
SOME STATE LAWS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
OPERATION OF THE WEBSITE – DISCLAIMER
We endeavor to maintain this Website and its operation, but are not, and cannot be, responsible for the results of any defects that may exist in the Website or its operation. As to the operation of the Website, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. We make no warranty that (i) the operation of the Website will meet your requirements; (ii) access to the Website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) defects will be corrected. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Website.
INDEMNIFICATION
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (each, a “Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
CHOICE OF LAW
These Terms and Conditions shall be construed and enforced under the laws of the State of Georgia applicable to parties resident in and contracts made, executed and wholly performed within the State of Georgia. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of Georgia and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms and Conditions. You agree that you will not file or participate in a class action against us. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
GENERAL PROVISIONS
These Terms and Conditions, together with our Privacy Policy, contain the entire agreement you have with us regarding our Website, Content and other subject matter set forth herein and supersedes any and all prior or inconsistent understandings that may apply to the subject matter.
If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. The illegality, invalidity or unenforceable acts of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
CONTACT US
If you have any questions about our Terms, please contact us at: info@portershields.com.
Copyright © 2018 Porter Shields™, LLC. All Rights Reserved.
Privacy Policy
Last Updated March 30 2018
Porter Shields LLC (“Company”), is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we or our third-party service providers collect through certain of our owned or controlled websites and web properties (e.g., widgets and applications) and mobile applications (“Mobile Apps”) (collectively the “Properties”). By providing Personal Information (as defined below) to us through the Properties, you agree to the terms and conditions of this Privacy Policy.
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including Facebook, Inc., Apple Inc., Google Inc., Microsoft Corp., Blackberry, any wireless carriers, our artists, our affiliates and any third party operating any site or property to which any Property contains a link. In addition, the inclusion of a link on any Property does not imply endorsement of, or affiliation with, the linked site or Property by us or by our artists or affiliates. Please note that the Properties may include the ability to access and submit (including, for example, via a third-party software application or service that is available through or in connection with a Property) certain information directly to third parties such as Facebook or to any application platform such as Apple’s App Store or Google Play. Such information is submitted by you directly to such third parties; this Privacy Policy does not apply to any information submitted by you to third parties.
The Properties are controlled and operated from the United States; accordingly, this Privacy Policy, and our collection, use and disclosure of your Personal Information, is governed by U.S. law, and the Properties are not intended to subject Company or any of its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States.
The Properties are not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Information through the Properties.
UPDATES TO THIS PRIVACY POLICY
We may change this Privacy Policy at any time. Please take a look at the “LAST UPDATED” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available on or through a Property. Your use of such Property or your submission of any information in connection with such Property following such changes means that you accept the revised Privacy Policy.
PERSONAL INFORMATION
Personal Information We May Collect
Two types of information are collected in connection with the Properties: Personal Information and Other Information. “Personal Information” is information that identifies you as an individual. “Other Information” is any information that does not reveal your specific identity. Other Information is addressed separately below, under the heading “OTHER INFORMATION”.
We and our third-party service providers may collect the following Personal Information from you:
Name
Postal address (including billing and shipping addresses)
Telephone number
Email address
Credit and debit card number
We and our third-party service providers collect Personal Information through the Properties, for example, when you participate in various opportunities provided through the Properties, such as:
When you purchase a product or make a request.
When you register for newsletters or other communications through the Properties.
When you participate in a contest, promotion, sweepstakes, survey or other promotion through the Properties.
When you participate in a blog or forum.
How We May Use Personal Information
We and our third-party service providers may use Personal Information:
To respond to your inquiries and fulfill your requests, such as to send newsletters to you or to provide you with information about our products and services.
To send to you administrative information, including information regarding the Properties and changes to our terms, conditions and policies.
To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
To send to you marketing communications that we believe may be of interest to you (including, without limitation, by our third-party service providers that send direct mail, email, and other types of advertising, such as display advertising or sponsored advertising on the Properties or other properties, to those whose email addresses we have collected).
To send to you SMS text messages, if you have indicated you would like to receive them. Please keep in mind that message and data rates may apply. You should check with your mobile service provider for applicable data rates. At any time, you may text back for further information regarding text messages. If additional rules are provided in connection with any specific SMS text message sign-ups, such rules shall also apply and shall control in the event that they conflict with this Privacy Policy.
To personalize your experience on the Properties by presenting products and offers tailored to you.
To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully; in the event of a conflict between such rules and this Privacy Policy, such rules will govern.
To allow you to send messages (for example, music clips or artist information) to a friend through the Properties. By using such functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.
For our business purposes, such as data analysis, audits, developing new products, enhancing the Properties, improving our services, identifying usage trends and determining the effectiveness of promotional campaigns.
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates or artists; (f) to protect our rights, privacy, safety or property, or that of our affiliates, our artists, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
We may combine Personal Information that you submit on or through the Properties with information that we collect from and about you from other online and offline sources, including from our own websites and web properties (including apps, widgets and players) and third-party sources, which may include social media services you interact with through our Properties. We treat such combined information as Personal Information as long as it is so combined.
How Personal Information May Be Disclosed
Your Personal Information may be disclosed:
To our third-party service providers (and in some cases, our affiliates) who provide services such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing and other similar services to enable them to provide such services.
To our affiliates, to permit them to send marketing communications to you. Porter Shields LLC is the party responsible for the management of jointly-used Personal Information.
To unaffiliated third parties or their vendors, to permit them to send, or to cause to be sent, marketing communications to you in online and offline media.
To our artists (including any of the artists’ band members, if applicable) and their representatives, so that the artists and their representatives may use this information to send to you communications (including marketing communications) that they believe may be of interest to you, including, for example, if you (a) sign up to join the applicable artist’s mailing list and/or to receive such artist’s newsletters, (b) register with the applicable artist’s website, or (c) have otherwise indicated that you would like to receive information and/or marketing communications from the applicable artist. We do not control, and are not responsible for, artists’ and their representatives’ use of Personal Information.
To third parties that sponsor contests, sweepstakes and similar promotions.
To identify you to anyone to whom you send messages on or through the Properties.
By you, on or through message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information and materials that you post or disclose on or through a Property will become public information, and may be available to visitors to such Property and to the general public, and may be redistributed through the Internet and other media channels where they will reach an even broader audience. Additionally, please note that, per our Terms of Use located at http://www.portershields.com/terms--services.html, we retain certain rights in the information and materials that you post on or through the Properties, and we may use and disclose such information and materials (including any Personal Information included therein) in accordance with our Terms of Use. We urge you to be very careful when deciding to disclose your Personal Information, or any Other Information, on or through the Properties. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY PROPERTY.
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
To a relevant artist who is no longer affiliated with us, if you indicated an interest in such artist (for example, by registering with the artist’s website).
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates or artists; (f) to protect our rights, privacy, safety or property, or that of our affiliates, our artists, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Retention Period
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
Sensitive Information
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Properties or otherwise to us.
OTHER INFORMATION
Other Information We May Collect
We and our third-party service providers may collect Other Information (defined above), such as:
Browser and device information
Mobile App usage data
Server log files
Information collected through cookies, pixel tags and other technologies.
Geographic location information
Demographic information and other non-personally identifiable information provided by you
Information about how you use the Properties
Aggregated information
How We May Collect Other Information
We and our third-party service providers may collect Other Information in a variety of ways, including:
Through your browser or your device: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, device type (Windows or Macintosh), screen resolution, operating system version, Internet browser type and version and the type and version of a Property that you are using. We and our service providers may also collect a unique device identifier assigned by us or our service providers to the device from which you are accessing a Property and other transactional information for the device that we and our service providers may use to serve content to the device.
Through your use of Mobile Apps: When you download and use a Mobile App, we and our service providers may track and collect Mobile App usage data, such as the date and time the Mobile App on your device accesses our servers and what information and files have been downloaded to the Mobile App based on your device number.
Through server log files: An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing a Property by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit the Property, along with the time of the visit and the activity on the Property. We and our service providers use IP addresses for purposes such as calculating Property usage levels, helping diagnose server problems, administering the Properties and determining your approximate geographic location.
Using cookies: We and our service providers may use cookies, pixel tags, web beacons, Adobe Flash technology (including Flash Local Stored Objects (“Flash LSOs”)) and other similar technologies to, among other things, better serve you with more tailored information for our products and services, and for those of third parties, facilitate your ongoing access to and use of the Properties, and collect and store information about your use of the Properties. For example, pixel tags and web beacons may be used in connection with a Property to, among other things, track the actions of such Property’s users, measure the success of marketing campaigns and compile statistics about such Property’s usage and response rates.
If you do not want information collected through the use of cookies, there is a simple procedure on most devices through which the Properties are accessed that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Properties may not be available to you.
If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Properties, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Properties or our content. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
The use of these technologies allows our vendors and third parties and their vendors to deliver advertisements about our products and services, and the products and services of others, when you use the Properties or other applications or visit websites or web properties across the Internet. These parties may place so-called “pixel tags,” “web beacons,” “clear GIFs” or similar technologies on the device through which you access the Properties, and other applications or websites across the Internet, and also place or recognize third-party cookies when you use the Properties, or other applications, websites or web properties. These vendors may use information about your visits to the Properties, and other applications, websites or web properties (excluding your name, address, and telephone number) to provide advertisements for us and others about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit the Network Advertising Initiative at www.networkadvertising.org or the Digital Advertising Alliance at www.aboutads.info.
Our Properties do not respond to browser-based do-not-track signals.
Geographic location information: If you use any location-enabled products or services, you may be sending us location information. When you use a location-enabled service, we may collect and process information about your precise geographical location, such as GPS signals sent by a mobile device. We and our third party service providers and partners may use your device’s physical location to provide you with personalized location-based services, content and advertisements. In some instances, you may be permitted to allow or deny such uses of your device’s location, but if you choose to deny such uses, we may not be able to provide you with the applicable personalized services and content.
From you: We may collect demographic information, such as your zip code or gender, as well as other information, such as your preferred means of communication, when you voluntarily provide this information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Properties.
Information about how you interact on the Properties: We may collect information about how you interact on the Properties. For example, some Properties may utilize analytic tools to help us better serve you through improved products, services, and revisions to the Properties. This collected information may let us know which services and features you are using the most within a Property, as well as device type and hardware features, country and language of download, etc.
By aggregating information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Properties, for example, by using Personal Information to calculate the percentage of our users who like a particular artist.
How We May Use and Disclose Other Information
Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
SECURITY
We seek to use reasonable physical, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data security system can be guaranteed to be 100% secure.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information
We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
Receiving marketing-related emails from us and our affiliates: If you do not want to receive marketing-related emails from us and our affiliates on a going-forward basis, you may opt-out from receiving such emails either by using the unsubscribe mechanism provided in the email or by emailing us at info@portershields.com.
Receiving marketing-related SMS text messages from us and our affiliates: If you do not want to receive marketing-related SMS text messages from us and our affiliates on a going-forward basis, you may opt-out from receiving such messages by texting back or by emailing us at info@portershields.com.
Our sharing of your Personal Information with artists or unaffiliated third parties for their marketing purposes: If you prefer that we not share your Personal Information on a going-forward basis with artists or unaffiliated third parties for their marketing purposes, you may opt-out from such sharing by emailing us at info@portershields.com.
In each case, please make clear in your email what you are opting-out from. We will try to comply with your request(s) as soon as reasonably practicable.
Please note that, if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our artists or unaffiliated third parties with which we have already shared your Personal Information as of the date that we implement your opt-out request. Please also note that, if you do opt-out from receiving marketing-related messages from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.
How you can access, change, or remove your Personal Information and Posted Content
If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that you have previously provided to us or content you have previously posted on a Property, you may contact us by emailing us at info@portershields.com.
In your request, please make clear what Personal Information or posted content you would like to have changed or removed and what limitations (if any) you would like to place on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable. Please note that such request does not ensure the complete or comprehensive removal of Personal Information or content posted on a Property. For example, we may need to retain certain information or content for record-keeping purposes, and there may also be residual information or content that will remain within our databases and other records that will not be removed. We are also not responsible for changing, removing or suppressing information or content from the databases of artists or unaffiliated third parties with which we have already shared your Personal Information or content.
CONTACTING US
If you have any questions about this Privacy Policy, please contact us by email at info@portershields.com, or please write to the following address:
5780 Bearing Way
Atlanta, Georgia USA
30349
Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in your email messages to us.
Last Updated March 30 2018
Porter Shields LLC (“Company”), is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we or our third-party service providers collect through certain of our owned or controlled websites and web properties (e.g., widgets and applications) and mobile applications (“Mobile Apps”) (collectively the “Properties”). By providing Personal Information (as defined below) to us through the Properties, you agree to the terms and conditions of this Privacy Policy.
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including Facebook, Inc., Apple Inc., Google Inc., Microsoft Corp., Blackberry, any wireless carriers, our artists, our affiliates and any third party operating any site or property to which any Property contains a link. In addition, the inclusion of a link on any Property does not imply endorsement of, or affiliation with, the linked site or Property by us or by our artists or affiliates. Please note that the Properties may include the ability to access and submit (including, for example, via a third-party software application or service that is available through or in connection with a Property) certain information directly to third parties such as Facebook or to any application platform such as Apple’s App Store or Google Play. Such information is submitted by you directly to such third parties; this Privacy Policy does not apply to any information submitted by you to third parties.
The Properties are controlled and operated from the United States; accordingly, this Privacy Policy, and our collection, use and disclosure of your Personal Information, is governed by U.S. law, and the Properties are not intended to subject Company or any of its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States.
The Properties are not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Information through the Properties.
UPDATES TO THIS PRIVACY POLICY
We may change this Privacy Policy at any time. Please take a look at the “LAST UPDATED” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available on or through a Property. Your use of such Property or your submission of any information in connection with such Property following such changes means that you accept the revised Privacy Policy.
PERSONAL INFORMATION
Personal Information We May Collect
Two types of information are collected in connection with the Properties: Personal Information and Other Information. “Personal Information” is information that identifies you as an individual. “Other Information” is any information that does not reveal your specific identity. Other Information is addressed separately below, under the heading “OTHER INFORMATION”.
We and our third-party service providers may collect the following Personal Information from you:
Name
Postal address (including billing and shipping addresses)
Telephone number
Email address
Credit and debit card number
We and our third-party service providers collect Personal Information through the Properties, for example, when you participate in various opportunities provided through the Properties, such as:
When you purchase a product or make a request.
When you register for newsletters or other communications through the Properties.
When you participate in a contest, promotion, sweepstakes, survey or other promotion through the Properties.
When you participate in a blog or forum.
How We May Use Personal Information
We and our third-party service providers may use Personal Information:
To respond to your inquiries and fulfill your requests, such as to send newsletters to you or to provide you with information about our products and services.
To send to you administrative information, including information regarding the Properties and changes to our terms, conditions and policies.
To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
To send to you marketing communications that we believe may be of interest to you (including, without limitation, by our third-party service providers that send direct mail, email, and other types of advertising, such as display advertising or sponsored advertising on the Properties or other properties, to those whose email addresses we have collected).
To send to you SMS text messages, if you have indicated you would like to receive them. Please keep in mind that message and data rates may apply. You should check with your mobile service provider for applicable data rates. At any time, you may text back for further information regarding text messages. If additional rules are provided in connection with any specific SMS text message sign-ups, such rules shall also apply and shall control in the event that they conflict with this Privacy Policy.
To personalize your experience on the Properties by presenting products and offers tailored to you.
To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully; in the event of a conflict between such rules and this Privacy Policy, such rules will govern.
To allow you to send messages (for example, music clips or artist information) to a friend through the Properties. By using such functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.
For our business purposes, such as data analysis, audits, developing new products, enhancing the Properties, improving our services, identifying usage trends and determining the effectiveness of promotional campaigns.
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates or artists; (f) to protect our rights, privacy, safety or property, or that of our affiliates, our artists, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
We may combine Personal Information that you submit on or through the Properties with information that we collect from and about you from other online and offline sources, including from our own websites and web properties (including apps, widgets and players) and third-party sources, which may include social media services you interact with through our Properties. We treat such combined information as Personal Information as long as it is so combined.
How Personal Information May Be Disclosed
Your Personal Information may be disclosed:
To our third-party service providers (and in some cases, our affiliates) who provide services such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing and other similar services to enable them to provide such services.
To our affiliates, to permit them to send marketing communications to you. Porter Shields LLC is the party responsible for the management of jointly-used Personal Information.
To unaffiliated third parties or their vendors, to permit them to send, or to cause to be sent, marketing communications to you in online and offline media.
To our artists (including any of the artists’ band members, if applicable) and their representatives, so that the artists and their representatives may use this information to send to you communications (including marketing communications) that they believe may be of interest to you, including, for example, if you (a) sign up to join the applicable artist’s mailing list and/or to receive such artist’s newsletters, (b) register with the applicable artist’s website, or (c) have otherwise indicated that you would like to receive information and/or marketing communications from the applicable artist. We do not control, and are not responsible for, artists’ and their representatives’ use of Personal Information.
To third parties that sponsor contests, sweepstakes and similar promotions.
To identify you to anyone to whom you send messages on or through the Properties.
By you, on or through message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information and materials that you post or disclose on or through a Property will become public information, and may be available to visitors to such Property and to the general public, and may be redistributed through the Internet and other media channels where they will reach an even broader audience. Additionally, please note that, per our Terms of Use located at http://www.portershields.com/terms--services.html, we retain certain rights in the information and materials that you post on or through the Properties, and we may use and disclose such information and materials (including any Personal Information included therein) in accordance with our Terms of Use. We urge you to be very careful when deciding to disclose your Personal Information, or any Other Information, on or through the Properties. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY PROPERTY.
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
To a relevant artist who is no longer affiliated with us, if you indicated an interest in such artist (for example, by registering with the artist’s website).
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates or artists; (f) to protect our rights, privacy, safety or property, or that of our affiliates, our artists, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Retention Period
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
Sensitive Information
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Properties or otherwise to us.
OTHER INFORMATION
Other Information We May Collect
We and our third-party service providers may collect Other Information (defined above), such as:
Browser and device information
Mobile App usage data
Server log files
Information collected through cookies, pixel tags and other technologies.
Geographic location information
Demographic information and other non-personally identifiable information provided by you
Information about how you use the Properties
Aggregated information
How We May Collect Other Information
We and our third-party service providers may collect Other Information in a variety of ways, including:
Through your browser or your device: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, device type (Windows or Macintosh), screen resolution, operating system version, Internet browser type and version and the type and version of a Property that you are using. We and our service providers may also collect a unique device identifier assigned by us or our service providers to the device from which you are accessing a Property and other transactional information for the device that we and our service providers may use to serve content to the device.
Through your use of Mobile Apps: When you download and use a Mobile App, we and our service providers may track and collect Mobile App usage data, such as the date and time the Mobile App on your device accesses our servers and what information and files have been downloaded to the Mobile App based on your device number.
Through server log files: An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing a Property by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit the Property, along with the time of the visit and the activity on the Property. We and our service providers use IP addresses for purposes such as calculating Property usage levels, helping diagnose server problems, administering the Properties and determining your approximate geographic location.
Using cookies: We and our service providers may use cookies, pixel tags, web beacons, Adobe Flash technology (including Flash Local Stored Objects (“Flash LSOs”)) and other similar technologies to, among other things, better serve you with more tailored information for our products and services, and for those of third parties, facilitate your ongoing access to and use of the Properties, and collect and store information about your use of the Properties. For example, pixel tags and web beacons may be used in connection with a Property to, among other things, track the actions of such Property’s users, measure the success of marketing campaigns and compile statistics about such Property’s usage and response rates.
If you do not want information collected through the use of cookies, there is a simple procedure on most devices through which the Properties are accessed that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Properties may not be available to you.
If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Properties, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Properties or our content. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
The use of these technologies allows our vendors and third parties and their vendors to deliver advertisements about our products and services, and the products and services of others, when you use the Properties or other applications or visit websites or web properties across the Internet. These parties may place so-called “pixel tags,” “web beacons,” “clear GIFs” or similar technologies on the device through which you access the Properties, and other applications or websites across the Internet, and also place or recognize third-party cookies when you use the Properties, or other applications, websites or web properties. These vendors may use information about your visits to the Properties, and other applications, websites or web properties (excluding your name, address, and telephone number) to provide advertisements for us and others about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit the Network Advertising Initiative at www.networkadvertising.org or the Digital Advertising Alliance at www.aboutads.info.
Our Properties do not respond to browser-based do-not-track signals.
Geographic location information: If you use any location-enabled products or services, you may be sending us location information. When you use a location-enabled service, we may collect and process information about your precise geographical location, such as GPS signals sent by a mobile device. We and our third party service providers and partners may use your device’s physical location to provide you with personalized location-based services, content and advertisements. In some instances, you may be permitted to allow or deny such uses of your device’s location, but if you choose to deny such uses, we may not be able to provide you with the applicable personalized services and content.
From you: We may collect demographic information, such as your zip code or gender, as well as other information, such as your preferred means of communication, when you voluntarily provide this information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Properties.
Information about how you interact on the Properties: We may collect information about how you interact on the Properties. For example, some Properties may utilize analytic tools to help us better serve you through improved products, services, and revisions to the Properties. This collected information may let us know which services and features you are using the most within a Property, as well as device type and hardware features, country and language of download, etc.
By aggregating information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Properties, for example, by using Personal Information to calculate the percentage of our users who like a particular artist.
How We May Use and Disclose Other Information
Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
SECURITY
We seek to use reasonable physical, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data security system can be guaranteed to be 100% secure.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information
We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
Receiving marketing-related emails from us and our affiliates: If you do not want to receive marketing-related emails from us and our affiliates on a going-forward basis, you may opt-out from receiving such emails either by using the unsubscribe mechanism provided in the email or by emailing us at info@portershields.com.
Receiving marketing-related SMS text messages from us and our affiliates: If you do not want to receive marketing-related SMS text messages from us and our affiliates on a going-forward basis, you may opt-out from receiving such messages by texting back or by emailing us at info@portershields.com.
Our sharing of your Personal Information with artists or unaffiliated third parties for their marketing purposes: If you prefer that we not share your Personal Information on a going-forward basis with artists or unaffiliated third parties for their marketing purposes, you may opt-out from such sharing by emailing us at info@portershields.com.
In each case, please make clear in your email what you are opting-out from. We will try to comply with your request(s) as soon as reasonably practicable.
Please note that, if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our artists or unaffiliated third parties with which we have already shared your Personal Information as of the date that we implement your opt-out request. Please also note that, if you do opt-out from receiving marketing-related messages from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.
How you can access, change, or remove your Personal Information and Posted Content
If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that you have previously provided to us or content you have previously posted on a Property, you may contact us by emailing us at info@portershields.com.
In your request, please make clear what Personal Information or posted content you would like to have changed or removed and what limitations (if any) you would like to place on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable. Please note that such request does not ensure the complete or comprehensive removal of Personal Information or content posted on a Property. For example, we may need to retain certain information or content for record-keeping purposes, and there may also be residual information or content that will remain within our databases and other records that will not be removed. We are also not responsible for changing, removing or suppressing information or content from the databases of artists or unaffiliated third parties with which we have already shared your Personal Information or content.
CONTACTING US
If you have any questions about this Privacy Policy, please contact us by email at info@portershields.com, or please write to the following address:
5780 Bearing Way
Atlanta, Georgia USA
30349
Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in your email messages to us.
Usage Rights
All rights associated with Porter Shields, including use of his name, image, and likeness, are owned by Porter Shields LLC. These rights are registered trademarks, valuable intellectual property and may not be used without the prior written permission of Porter Shields LLC.
Porter Shields LLC holds all rights associated with Porter Shields including use of his name, image, and likeness.
All requests for approval to use any of these rights must be made in writing. Please include your name, your organization, how you desire to use rights associated with Porter Shields, what specific rights you desire to use, and any other information that you believe will be helpful to Porter Shields LLC when it processes your request. Please address all requests for approval as follows:
A. L. Holoman.
c/o Porter Shields LLC
5780 Bearing Way
Atlanta, GA 30349
USA
info@portershields.com
Porter Shields LLC will make every effort to respond to your request for approval in a timely fashion. In some instances, however, Porter Shields LLC may take time to review your request or may not be able to respond. Failure of Porter Shields LLC to respond to your request for approval should not be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any rights associated with Porter Shields. Porter Shields LLC may only grant your request for approval in an express written document and absent such writing you may not use such rights.
All rights associated with Porter Shields, including use of his name, image, and likeness, are owned by Porter Shields LLC. These rights are registered trademarks, valuable intellectual property and may not be used without the prior written permission of Porter Shields LLC.
Porter Shields LLC holds all rights associated with Porter Shields including use of his name, image, and likeness.
All requests for approval to use any of these rights must be made in writing. Please include your name, your organization, how you desire to use rights associated with Porter Shields, what specific rights you desire to use, and any other information that you believe will be helpful to Porter Shields LLC when it processes your request. Please address all requests for approval as follows:
A. L. Holoman.
c/o Porter Shields LLC
5780 Bearing Way
Atlanta, GA 30349
USA
info@portershields.com
Porter Shields LLC will make every effort to respond to your request for approval in a timely fashion. In some instances, however, Porter Shields LLC may take time to review your request or may not be able to respond. Failure of Porter Shields LLC to respond to your request for approval should not be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any rights associated with Porter Shields. Porter Shields LLC may only grant your request for approval in an express written document and absent such writing you may not use such rights.
