As of ***8/26/2020***
Personal Information Collection and Use
In general, you can visit our Websites without telling us who you are or revealing any information about yourself. There are times, however, when we ask for personally identifiable information from you, such as your name, company, e-mail address, phone number, and address (“Personal Information”). We request this information in order to correspond with you, to provide you with a subscription to a newsletter or publication, to notify you about events, or otherwise to respond to your requests or provide you with information that we consider may be of interest to you. Where applicable, we will differentiate between personal data fields that are optional and those that are mandatory to obtain the requested information.
If you receive a marketing e-mail from Treble Media, you will be provided with an automated way to opt out (unsubscribe) from that particular communication or from all marketing e-mails sent by Treble Media. Please follow the instructions on the e-mail you received. If you have received unwanted e-mail from Treble Media, please forward a copy of that e-mail to [email protected]
Any Personal Information you provide, including, but not limited to, your name, address, telephone number and e-mail address will not be released, sold, or rented to any entities or individuals outside of Treble Media, other than in the event of a merger or sale of Treble Media, in which case the purchaser or successor entity shall receive this information.
Notwithstanding anything stated above, we may in limited circumstances share Personal Information with government authorities or others as required to protect the interests of Treble Media or others, as necessary in connection with the sale or transfer of all or a portion of the business, or as required by applicable law or court order.
International Data Transfers
This Websites are hosted on web servers in the United States. If you are located in a non-US jurisdiction, your provision of Personal Information or other access to our Websites constitutes your transfer of such data to the United States, a jurisdiction that may not provide a level of data protection equivalent to the laws in your home country.
Remember the Risks Whenever You Use the Internet
While we do our best to protect your Personal Information, we cannot guarantee the security of any information that you transmit to Treble Media.
Please contact those vendors and others directly if you have any questions about their privacy policies.
Cookies and Passive Tracking
A “cookie” is an element of data that can be sent to your browser. Your browser may then store it on your system based on the preferences you have set on your browser. Cookies gather information about your operating system including, but not limited to, browser type, and Internet Protocol (IP) address. The Treble Media Websites uses this information to analyze the traffic on our Websites, and better serve you when you return to our Websites. It is not our intention to use such information to personally identify a user. You have the option to configure your Internet browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Further, you have the option to block all cookies. Please note, however, that if you refuse or otherwise block cookies you may not be able to use all of the functionality available on the Websites.
Access and Correction
If you wish to access or update the Personal Information you submit through our Websites, or to make any inquiries about the processing of such information, please contact us as described below. We provide individuals with access to their Personal Information where we believe appropriate, including in situations where you are entitled to access and review your Personal Information under applicable data protection and privacy laws.
The Following Applies to Individuals Whose Personal Data Falls Under the Jurisdictions Subject to the E.U.’s General Data Protection Regulation (GDPR):
Treble Media is the Data Controller for your Personal Data. Your consent to our use of the Personal Data provides Treble Media with a lawful basis for such use. We will retain the Personal Data indefinitely unless you instruct us to delete it or we inform you otherwise. If you feel that there is a problem with how the Personal Data has been handled, you have the right to register a complaint with a supervisory authority.
Children Under The Age Of 13
Our Websites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Websites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Websites or on or through any of its features/register on the Website, make any purchases through the Websites, use any of the interactive or public comment features of the Websites or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]
Terms and Conditions of Use
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 26 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
As between you and Treble Media, excluding your Submitted Materials (as defined below), Treble Media or its licensors own, solely and exclusively, all rights, title and interest in and to the Websites, including without limitation all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, and titles), code, data and materials thereon, the look and feel, design, and organization of the Websites, and the compilation of the content, code, data, and materials on the Websites, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. Your use of the Websites does not grant to you ownership of any content, code, data, or materials you may access on or through the Websites.
If you provide Treble Media any feedback or suggestions regarding the Websites (“Feedback”), including without limitation ideas, concepts, know-how or techniques relating to the functionality or design of the Websites, you hereby assign to Treble Media all rights in the Feedback and agree that Treble Media shall have the right to use such Feedback and related information in any manner it deems appropriate. Treble Media will treat any Feedback you provide to Treble Media as non-confidential and non-proprietary. You agree that you will not submit to Treble Media any feedback that you consider to be confidential or proprietary.
- Limited License.
- Prohibited Use.
Any commercial or promotional distribution, publishing or exploitation of the Websites is strictly prohibited unless you have received the express prior written permission from authorized personnel of Treble Media or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit the Websites. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Websites, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Websites. If you make other use of the Websites, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. For web posting, reprint, transcript or licensing requests for Treble Media material, please send your request to the following: [email protected]
The trademarks, logos, service marks, and trade names (collectively the “Marks”) displayed on the Websites or on content available through the Websites, are registered and unregistered trademarks or service marks of Treble Media and third parties. All Marks not owned by Treble Media that appear on the Websites or on or through the Websites’ services, if any, are the property of their respective owners. Nothing contained on the Websites should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Websites without the written permission of Treble Media or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Websites or on or through any of the Websites’ services is strictly prohibited.
You must meet any age, geographic, or other eligibility requirements specified on the Websites to subscribe to a magazine, publication, or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our Websites. By registering at those Websites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Website and vendor policies.
- Submitted Materials.
- Prohibited User Conduct.
You warrant and agree that, while using the Websites you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Websites’ content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Treble Media or otherwise through the Websites), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Websites. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Websites or the services offered on or through the Websites, including without limitation any information residing on any server or database connected to the Websites or the services offered on or through the Websites; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Websites in any manner that may interrupt, damage, disable, overburden, or impair the Websites or its services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Websites in violation of Treble Media’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Websites 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 Websites, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites or any of their 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 Websites.
- Public Forums.
Treble Media may, from time to time, make messaging services, chat services, bulletin boards, message boards, comment sections, blogs, other forums and other such services available on or through the Websites. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Websites any Submitted Materials which (i) restrict or inhibit any other user from using and enjoying the Websites, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Treble Media. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities.
- Right to Monitor; Editorial Control.
- Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Websites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
- Other Users.
Each Website user is solely responsible for any and all of its Submitted Materials. Because we do not control Submitted Materials, you acknowledge and agree that we are not responsible for any Submitted Materials and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Submitted Materials, and we assume no responsibility for any Submitted Materials. Your interactions with other Website users are solely between you and such user. You agree that Treble Media will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved. You acknowledge that other users may post comments about your Submitted Materials which may be derogatory, and Treble Media has no obligation to monitor or delete any such Submitted Materials. You hereby release and forever discharge Treble Media (and our directors, officers, employees, agents, successors and assigns) from, and herby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Linking to the Websites.
You agree that if you include a link from any other websites to the Websites, such link shall link to the full version of an HTML formatted page of the Websites. You are not permitted to link directly to any image hosted on the Websites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Websites on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Websites in any manner such that the Websites, or any page of the Websites, are “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 Websites be discontinued, and to revoke your right to link to the Websites from any other websites at any time upon written notice to you.
- Orders for Products and Services.
We may, directly or through our third-party vendors (“Vendors”), make certain products available to visitors and registrants of the Websites. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Treble Media or its Vendors. You agree to pay all applicable taxes. If payment is not received by us or such Vendors from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or the Vendors. Certain products that you purchase and/or download on or through the Websites may be subject to additional terms and conditions presented to you at the time of such purchase or download. We reserve the right to change the number of issues in a subscription term, including discontinuing any format, make substitutions and/or modify the manner in which the subscription is distributed. If your email or postal address changes, you agree to provide us with your updated address.
- Third Party Websites.
You may be able to link from the Websites to third party websites and third party websites may link to the Websites (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Websites does not imply Treble Media’s endorsement, sponsorship, or recommendation of that site. Treble Media disclaims any liability for links (1) from another website to the Websites and (2) to another website from the Websites. Treble Media cannot guarantee the standards of any websites to which links are provided on the Websites nor shall Treble Media be held responsible for the contents of such sites, or any subsequent links. Treble Media does not represent or warrant that the contents of any third party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Treble Media is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- Advertisements and Promotions
Treble Media may run advertisements and promotions from third parties on the Websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Treble Media, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Treble Media is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Websites.
- Embedded Video Links
- Content Feeds.
- Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Websites, or the services or features made available on or through the Websites, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Treble Media’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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 are authorized to act on the copyright owner’s behalf.
Jeff Terich, [email protected]
Note that the above-referenced contact information is for copyright notices only. No other inquiries will receive a response from the Treble Media Copyright Agent.
- DISCLAIMER OF WARRANTIES.
THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR USEFULNESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITES OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Treble Media ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITES. UNDER NO CIRCUMSTANCES SHALL Treble Media BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITES, ANY CONTENT POSTED ON OR THROUGH THE WEBSITES, OR CONDUCT OF ANY USERS OF THE WEBSITES, WHETHER ONLINE OR OFF. YOU USE THE WEBSITES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. Treble Media NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED Treble Media EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITES). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, Treble Media AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITES OR IN CORRESPONDENCE WITH Treble Media OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITES ARE PROVIDED BY Treble Media “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND Treble Media OR ITS LICENSOR OR SUPPLIER.
- LIMITATION OF LIABILITY.
- Applicable Laws.
- Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.