1. Information Collection And Use
Our primary goal in collecting personal information is to provide you with a friendly, personalized and efficient experience. We only collect personal information that is relevant to the purpose of our Web site. We do not process this information in a way that is incompatible with the purpose for which it has been collected or subsequently authorized by you. We collect the following types of information from our users:
1. Information You Provide to Us:
We receive and store any information you enter on our Web site or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of various features. The personal information you provide is used for such purposes as:
* Registration: In order for you to use certain services on ShawnaKaye.com, such as receiving ShawnaKaye.com email newsletters or purchasing certain products and services, you must complete a registration form. As part of this registration form, we require your email address.
2. Automatic Information:
* We receive and store certain types of information whenever you interact with us. ShawnaKaye.com automatically receives and records certain “traffic data” on our server logs from your browser including your IP address, ShawnaKaye.com’s cookie information and the page you requested. ShawnaKaye.com uses this traffic data to help diagnose problems with its servers, analyze trends and administer the Web site.
* ShawnaKaye.com may also add on any page display various content, data and metrics such as articles, comments, images pertaining to, and summaries of, your activity on ShawnaKaye.com or other related content, data and metrics.
ShawnaKaye.com does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
* In the event we must respond to subpoenas, or court orders, or to establish or exercise our legal rights or defend against legal claims;
* In the event we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our usage policy, or as otherwise required by law;
* If we are required to transfer personal information to a third party in the event of a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets or stock of Blissed Out Media, LLC. or its affiliated entities (including, without limitation, in connection with any bankruptcy or similar proceedings).
2. Applicability And User Restrictions
ShawnaKaye.com is not directed to children under the age of thirteen (13). In compliance with the Children’s Online Privacy Protection Act (”COPPA”), we use reasonable commercial efforts to adhere to the prohibition on the collection of personal information online from children under the age of thirteen (13) without first obtaining verifiable parental consent. At a minimum, ShawnaKaye.com prohibit registration by, and will not knowingly collect personally identifiable information from, anyone under the age of thirteen (13). Company may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. Company Site use and membership is void where prohibited by law.
If you are under 18 years of age you may use the Service only if you either are an emancipated minor (where that term is legally effective), or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
3. Use Of Service
Company grants you permission to use the Service as set forth in this Agreement, provided that:
- you will not copy, distribute, or disclose any part of the Service in any medium;
- you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and
- you will otherwise comply with the terms and conditions of this Agreement.
You do not have to register in order to use ShawnaKaye.com. To access certain features of the site, you may need to register with the site and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Company or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. that accesses the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, and you agree not to aggregate or collate any of the content available through the Service for use elsewhere. You also agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes.
Company may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Company’s sole determination, you violate any provision of the Agreement, including by carrying out any of the following prohibited actions:
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Service;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Service; or,
- bypassing the measures we may use to prevent or restrict access to the Service.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
4. User Content
Some areas of the Service may allow Users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- may constitute or contribute to a crime or tort;
- contains any information or content that we believe to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
- contains any information or content that is illegal;
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or contains any information or content that you know is not correct and current.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) and rights of publicity and privacy. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other official registry, collection society or rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights and moral rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
ShawnaKaye.com takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Company is not responsible for any public display or misuse of your User Content.
You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that, insofar as the law allows, Company shall not be liable for any damages you allege to incur as a result of such User Content.
5. Third-Party Websites, Advertisers or Services
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.