TraceElliot.com - Terms of Use / Privacy Policy
Terms and Conditions of Use
Privacy Policy
Effective Date: September 2008
Terms and Conditions of Use
This website, including any subsite accessible through the homepage (the "Site"),
is published and maintained by subsidiaries, affiliates, and/or related entities
of Trace Elliot . Please note that when you enter any subsite
accessible through this homepage or the shopping page, such subsite may have
its own terms and conditions of use which are specific to such subsite. When
you access, browse, or use this Site you accept, without limitation or qualification,
the terms and conditions set forth below and any additional terms and conditions
of use set forth in any subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify,
sell, or transmit anything you copy from this Site, including but not limited
to any text, images, audio, and video, for any business, commercial, or public
purpose. As long as you comply with the terms of these Terms and Conditions of
Use, Trace Elliot grants you a non-exclusive, non-transferable, limited right to enter,
display, and use this Site. You agree not to interrupt or attempt to interrupt
the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images, software,
text, and video clips (the "Content"), are protected by copyright under U.S.
copyright law, international conventions, and other copyright laws. You cannot
use the Content, except as specified herein. You agree to follow all instructions
on this Site limiting the way you may use the Content. There are a number of
proprietary logos, service marks, and trademarks found on this Site. By making
them available on this Site, Trace Elliot is not granting you any license to utilize
those proprietary logos, service marks, or trademarks. Any unauthorized use of
the Content may violate copyright laws, trademark laws, the laws of privacy and
publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for
your personal use at home, unless the subsite you are accessing states that you
may not. If you download any Content from this Site, you may not remove any copyright
or trademark notices or other notices that go with it.
Rules for Chatrooms, Bulletin Boards, and Other User-Supplied
Material
This website may have an area which allows you to "chat" or upload and download
materials. When using any of these areas, you agree not to post, send, transmit,
upload, or otherwise publish through this Site, any materials that (1) interfere
with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene,
offensive, or threatening in any way; (3) encourage anyone to break the law;
(4) violate anyone's copyright or other property right; (5) interfere with the
privacy of any other user; (6) contain a virus or any other harmful component;
or (7) contain false or misleading statements of fact or descriptions of the
origin of the material or the communication. You agree to comply with any additional
terms which are referred to on this Site or any subsite within the website.
Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene,
pornographic, profane, threatening, or unlawful material or any material that
could constitute or encourage conduct that would be considered a criminal offense
or give rise to civil liability, or otherwise violate any law. Although Trace Elliot
may from time to time monitor or review bulletin boards, chatrooms, discussions,
postings, transmissions, and the like on the Site, Trace Elliot is under no obligation
to do so and assumes no liability or responsibility arising from the contents
of any such communications or for any defamation, error, inaccuracy, libel, obscenity,
or profanity contained in any such communication. Trace Elliot may change, edit, or
remove any user material or conversations that are illegal, indecent, obscene,
or offensive, or that violate Trace Elliot's policies in any way. Trace Elliot will fully
cooperate with any law enforcement authorities or court order requesting or directing
Trace Elliot to disclose the identity of anyone posting such materials.
Trace Elliot's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or
otherwise, including any comments, data, questions, suggestions, or the like,
all such communications are, and will be treated as, non-confidential and non-proprietary.
Thus, you give up any claim that any use of such material violates any of your
rights including moral rights, privacy rights, proprietary or other property
rights, publicity rights, rights to credit for material or ideas, or any other
right, including the right to approve the way Trace Elliot uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied,
disclosed, licensed, performed, posted, published, sold, transmitted, or used
by Trace Elliot anywhere in the world, in any medium, forever. Furthermore, Trace Elliot
is free to use, without any compensation to you, any concepts, ideas, know-how,
or techniques contained in any communication you send to the Site for any purpose
whatsoever, including but not limited to developing, manufacturing, and marketing
products using such information. However, you agree and understand that Trace Elliot
is not obligated to use any such ideas or materials, and you have no rights to
compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand
that any message or information you send to this Site may be read or intercepted
by others, unless there is a special notice that a particular message (for example,
credit card information) is encrypted (sent in code). Sending a message to Trace Elliot
does not cause Trace Elliot to have any special responsibility to you.
Links
This website may contain links to other Internet sites on the World Wide Web.
Trace Elliot provides such links for your convenience only, and is not responsible
for the content of any website linked to or from this Site. Links from this Site
to any other website do not mean that Trace Elliot approves of, endorses, or recommends
that website. Trace Elliot disclaims all warranties, express or implied, as to the
accuracy, legality, reliability, or validity of any content on any other website.
Contests
This Site may contain contests that offer prizes or that require you to send
in material or information about yourself. Each contest has its own rules, which
you must read and agree to before you may enter.
Rules for Kids (Under Age 18)
If you are under 18, you should ask your parents or a guardian before you:
- E-mail the Site, or ask us to e-mail anything to you
- Send in any information
- Enter any contest or game that requires information about
you or offers a prize
- Join any club or group
- Post any information on any bulletin board or enter any chatroom
or
- Buy anything online
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase
in your particular country or locality. The reference to such products and services
on the Site does not imply or warrant that these products or services will be
available at any time in your particular location.
Trace Elliot's Right to Change These Terms and Conditions of Use
or Content on the Site
Trace Elliot may add to, change, or remove any part of these Terms and Conditions of
Use at any time, without notice. Any changes to these Terms and Conditions of
Use or any terms posted on this Site apply as soon as they are posted. By continuing
to use this Site after any changes are posted, you are indicating your acceptance
of those changes. Trace Elliot may add, change, discontinue, remove, or suspend any
other Content posted on this Site, including features and specifications of products
described or depicted on the Site, temporarily or permanently, at any time, without
notice and without liability.
Indemnification
You agree to indemnify, defend, and hold Trace Elliot and all of its agents, directors,
employees, information providers, licensors and licensees, officers, and parent
(collectively, "Indemnified Parties"), harmless from and against any and all
liability and costs (including, without limitation, attorneys' fees and costs),
incurred by the Indemnified Parties in connection with any claim arising out
of any breach by you of these Terms and Conditions of Use or the foregoing representations,
warranties, and covenants. You will cooperate as fully as reasonably required
in Trace Elliot's defense of any claim. Trace Elliot reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without
the written consent of Trace Elliot.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE,
TRACE ELLIOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR
THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER
THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY
INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY
WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TRACE ELLIOT'S NEGLIGENCE, SHALL
TRACE ELLIOT BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE,
OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C)
ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF TRACE ELLIOT
OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL TRACE ELLIOT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site
together constitute the entire agreement between Trace Elliot and you with respect
to your use of this Site. Any cause of action you may have with respect to your
use of this Site must be commenced within one (1) year after the claim or cause
of action arises. If for any reason a court of competent jurisdiction finds any
provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to effect
the intent of this agreement, and the remainder of these Terms and Conditions
of Use shall continue in full force and effect. These Terms and Conditions of
Use shall be governed by and construed in accordance with the laws of the State
of Mississippi, United States of America, without reference to its conflicts
of law rules.
Online Privacy Policy
Your Privacy
At Trace Elliot we believe that, as our online visitor, you have a right to know our
practices regarding the information we collect when you visit our websites, and
what type of information is collected. The guidelines contained herein only apply
to your visits to www.TraceElliot.com, which is operated by Trace Elliot Amplification. This
includes web pages on www.TraceElliot.com that contain "TraceElliot.com" in their URLs,
but does not include any redirect URLs that link the user to another internet
domain. Other websites which are linked to/from www.TraceElliot.com (including other
Trace Elliot affiliates, other Trace Elliot websites, and via banner ads) may have different
policies; therefore, please review the privacy policy notices on those websites
for details.
While Trace Elliot does not generally require that you provide us with personally identifiable
information in order to visit and use the Trace Elliot websites, please note that in
order to participate in some activities, it will be necessary for you to provide
this information. If you choose not to provide it for those activities, you may
not be able to participate in them.
Collection of Information: Cookies; Personal
For each visitor to a Trace Elliot website, Trace Elliot's web server automatically recognizes
and stores information, such as the visitor's IP address/domain name combination
and any referring websites. We use this information to understand visitor traffic
patterns through our websites for purposes such as enhancing their usability.
Your computer provides this information automatically each time you log on, unless
you've activated blocking technology available in some browsers.
When you visit Trace Elliot's websites or advertisements appearing thereon, or use
one or more of the Trace Elliot website services, we may use an industry-wide technology
called "cookies" which stores certain information on your computer and which
will allow us to customize your experience to better match your interests and
preferences, or to simply facilitate your signing in to use the services. Most
browsers will allow you to erase cookies from your computer hard drive, block
acceptance of cookies, or receive a warning before a cookie is stored. However,
if you block or erase cookies, we may not be able to restore any preferences
or customization settings you previously specified, and our ability to personalize
your online experience would be limited. Please refer to your browser instructions
or "help" screen to learn more about these functions.
Also, Trace Elliot, or third parties on its behalf, may collect anonymous information
from visits to our sites through the use of "Web Beacons." Web Beacons are electronic
Web Page images that enable us to record anonymous data about visits to our web
site. This anonymous information is sometimes known as "clickstream data." We
may use this data to analyze trends and statistics to improve your online experience,
or customer service. No personal data is collected through the use of Web Beacons
on our sites.
Additionally, Trace Elliot may ask you to provide "personal information," meaning individually
identifiable information such as your e-mail address, name, mailing address,
telephone number, social security number, credit card number, or persistent identifier
(such as a customer number held in a cookie) which is associated with individually
identifiable information, to enable you to participate in contests, chatrooms,
on bulletin boards, to fill out a registration, or to order products and services
using these websites. Trace Elliot may combine the information you provide on our websites
with other information we may collect from you offline or from third parties
so that we can more effectively tailor our website, services, and offerings to
you. If you provide Trace Elliot with personal information, you shall have the right,
on reasonable prior notice, to inspect, change, amend, or delete such information.
Instructions on how to update personal information will be given at the point
of data collection.
Unless you instruct us otherwise, Trace Elliot
may contact you to provide information about products, services,
promotions, contests, or other activities or offerings that may be
of interest to you. You can instruct us whether or not you wish to
be contacted by checking or removing the check from the box indicating
your preference as applicable at the place where your information
is collected, or by other means (such as an e-mail request). In addition,
with each communication you receive from Trace Elliot, you will be given
the opportunity to indicate if you do not wish to receive future
communications.
Unless it is for the purposes you have requested or originally agreed, Trace Elliot
will not share the personal information you provide on the Trace Elliot websites with
any other parties, except (a) with your consent; (b) as may be required by law
or court order; (c) to persons or companies with whom Trace Elliot contracts to carry
out the internal operations of the website or our business; or (d) under exigent
circumstances to protect the personal safety or property of our users, the public,
or ourselves.
Additionally and with your consent, Trace Elliot
may share your personal information with other affiliated Trace Elliot
companies who may want to contact you about products, services, or
other offerings that may be of interest to you. Further,
only
with your consent, Trace Elliot may share your personal information
with specific third parties outside of the Trace Elliot group of companies
who may want to contact you about products, services, or other offerings
that may be of interest to you. Please consult the respective privacy
policies of each of these companies for further clarification as
to their own privacy policy. Trace Elliot will seek to obtain your consent
at the place where the information is collected either by an "opt-out" or "opt-in" method,
or by other means (such as an e-mail request). If you consent to
receiving communications from any of these affiliated Trace Elliot companies,
or third parties, you will need to communicate with them directly
if you later decide that you no longer wish to receive their communications.
Until we advise you, except as indicated above for the initial decision
made with your consent to share your personal information with Trace Elliot
affiliates and/or specific third parties outside of the Trace Elliot group
of companies, changes or amendments to your personal information
must be given both to Trace Elliot and to each such Trace Elliot affiliate or
other company directly, as these changes, amendments, and/or deletions
will not be exchanged among Trace Elliot and other Trace Elliot affiliates or
third parties.
Use and Disclosure of Anonymous Aggregated Information
Trace Elliot may also collect, aggregate, and maintain anonymous information about
the visitors to our websites, such as visitors' hobbies, interests, purchasing
habits, music preferences, and the like. This data can then be used to tailor
Trace Elliot's website content and advertising to deliver a better experience for our
visitors. In addition, Trace Elliot may also share such aggregate information about
our visitors with advertisers, business partners, sponsors, and other third parties;
for example, to inform them about the percentage of male/female visitors or percentage
of visitors within a particular age range.
Security
While Trace Elliot cannot guarantee that unauthorized access will never occur, rest
assured that Trace Elliot takes great care in maintaining the security of your personal
information and in preventing unauthorized access to it through the use of appropriate
technology and internal procedures.
Notice To/Regarding Children Under the Age of 13
If you are under 13 years of age, you should not provide any personally identifiable
information (for example, your last name, home address or e-mail address) on
these sites without the knowledge and permission of your parent or guardian.
If Trace Elliot learns that you are under 13 years of age, Trace Elliot will not maintain
or use any personally identifiable information about you without the verifiable
consent of your parent or guardian, except as allowed by law. This may mean that
you will be unable to participate in some activities on the sites without that
verifiable consent.
Trace Elliot believes that children using the Internet require special protection,
and we urge parents or guardians to explain Internet safety to their children.
Parents are urged to spend time online with their children to become familiar
with the types of content available on the Trace Elliot websites and the Internet in
general. Control tools are available from online services and software manufacturers
to help create a safer environment for children.
If a child under 13 years of age wishes to participate in any Trace Elliot website
activity, or wishes to take advantage of a product or service offering, available
to children, and to do so necessitates the furnishing of any of the child's personal
information, please note the following:
(i) Before any collection of a child's personal information takes place at a
website directed to children or where Trace Elliot is knowingly collecting children's
personal information, the child will be asked to provide his/her parent's or
guardian's e-mail address. Trace Elliot will then send an e-mail (the "Initial Notification")
to the parent/guardian indicating, among other things, the information that the
child is requested to provide; the intended use(s) of the information; and information
on how the parent/guardian can, at their election, delete the child's information
from Trace Elliot's database or records. Upon receipt of the Initial Notification,
a parent or guardian may respond back to Trace Elliot to grant his/her consent or to
deny consent, in which case Trace Elliot will delete the parent or guardian's e-mail
address. Upon Trace Elliot's receipt of the parent/guardian consent, Trace Elliot will send
a confirming e-mail to the parent/guardian's e-mail address
(ii) The e-mail address of the operator collecting or maintaining personal information
from children through this website is:
[email protected]
(iii) The types of personal information collected from children may include the
name, e-mail address, home address, telephone number, and/or any other information
reasonably necessary for the child to participate in a particular activity. This
information may be collected directly and/or passively (e.g., through a web server
that automatically recognizes and stores information, such as a visitor's IP
address/domain name combination)
(iv) The information collected may be used for purposes such as fulfillment of
a requested transaction, record keeping, or marketing back to the child
(v) Unless specific consent is obtained from the child's parent or guardian,
the child's personal information will not be disclosed to third parties who are
not contractors hired to carry out the internal operations of the websites, other
than as may be required by law. We have required, or will require, such contractors
to agree to use personal information of website visitors only for the purposes
of carrying out these operations and to keep such information confidential. A
parent or guardian has the option of consenting to the collection and use of
the child's personal information without consenting to the disclosure of that
information to third parties
(vi) Trace Elliot is prohibited from conditioning a child's participation in an activity
on the child's disclosing more personal information than is reasonably necessary
to participate in such activity
(vii) A parent can review and have deleted the child's personal information,
can refuse to permit further collection or use of the child's information, and
can revoke or limit consents previously given. For instructions on how to do
so, please send an e-mail to:
[email protected]
(viii) If Trace Elliot desires to use a child's information for purposes other than
that for which the parent/guardian consent was previously given, Trace Elliot will
not do so without first getting the parent/guardian consent
Consent to Processing
By providing any personal information to the Trace Elliot websites, all users, including
without limitation users in the member states of the European Union, fully understand
and unambiguously consent to the collection and processing of such information
in the United States of America.
Policy Governs Use; Changes to Privacy Policy
The terms of this policy will govern the use and any information collected while
it is in place. Trace Elliot reserves the right to change this policy at any time,
so please re-visit this page as often as you wish. Changes to this privacy policy
are effective at the time they are posted to this Site, and your continued use
of this Site after posting will constitute acceptance of, and agreement to be
bound by, those changes.
Questions
If you have any questions or comments about our personal information practices
or about this privacy statement, please feel free to send us an e-mail at
[email protected]
To report any
technical problems with this website, you can
e-mail us at:
[email protected]
