Last Revised: May 12, 2013
- Your Acceptance
- Modification or Discontinuance
- Links to and From the Website
- The Website may contain links to third party websites that are not owned or controlled by Mamalode. Mamalode has no control over, and assumes no responsibility for, the availability, content, privacy policies, or practices of any third party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. In addition, Mamalode will not and cannot control or edit the content of any third-party site. By using the Website, you expressly relieve Mamalode from any and all liability arising from your use of any third-party website and from any loss or damage of any sort you may incur from dealing with any third party. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions of use for each other website that you visit.
- Except as you have otherwise agreed with Mamalode, you may link to the Website from your website, subject to the following: (1) you may not frame the Website or any portion of the Website; (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Mamalode name and not any Mamalode logo; (4) you may not use any Mamalode logo in any way; (5) you may not use the link in any way that suggests that Mamalode is associated with or endorses you or your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Mamalode or damages its reputation or goodwill; and (7) we may terminate your right to link to the Website at any time for any reason or no reason.
- Restrictions on Use of the Website
In your use of the Website, you shall not:
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- submit, post or transmit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
- submit, post or transmit anyone’s identification documents or sensitive information about anyone’s finances, health, or exact geolocation;
- use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
- facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
- impersonate or misrepresent any person or entity or your affiliation with someone else;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;
- collect personally identifiable information of other users or visitors;
- harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- solicit other users to join, become members of, or contribute money to any online service or other organization;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, surveys, chain letters, pyramid schemes, or any other form of solicitation, except in those areas, if any, that are designated for such purpose and within the scope of such designation;
- submit, post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website;
- stalk or otherwise harass any person or entity;
- harm minors in any way; or
- use any discussion forum on the Website to advertise or perform any commercial solicitation.
- Intellectual Property Rights
- Content on the Website is provided to you AS IS for your information and personal use only. For your personal use, you may view, copy, and print pages of the Website. Otherwise, the Website may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Mamalode. Mamalode reserves all rights not expressly granted in and to the Website and the Content. You agree not to use, copy, download, or distribute any of the Content other than expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of any User Submissions, advertisements or links to third-party websites for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Mamalode in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized by Mamalode. You may not build a business using the Content, whether or not for profit. If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, nor may you scrape any pages.
- User Submissions
- The Website may permit the submission of text, photos, videos, material, information, stories, comments, reviews, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published or posted, Mamalode (1) does not guarantee any confidentiality with respect to any User Submissions, (2) except as set forth in an applicable Content License Agreement, does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
- Mamalode is not responsible for and does not necessarily hold the opinions expressed in our User Submissions. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Mamalode is not responsible for the truthfulness, accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are untruthful, inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mamalode with respect thereto, and agree to indemnify and hold Mamalode, its members, management, contractors, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
- Notice and Procedure for Making Claims of Intellectual Property Infringement
If you are an intellectual property owner or an agent thereof and believe that either (1) any Content on the Website or (2) any material or activity contained on an online location to which Mamalode has referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent at the address set forth below with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification pursuant to the DMCA should be submitted to:
Attn: Copyright Agent
1121 E Broadway St
Missoula, Montana 59802
[email protected] (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded)
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. E-mails or notices sent to the above agent for purposes other than communication about intellectual property claims may not be acknowledged or responded to.
- Trademarks and Celebrity Material
- Mamalode responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
- Celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Website and you don’t have the celebrity’s permission.
- If you are a trademark owner or a celebrity and you believe your rights have been infringed the Website, please submit a notification of infringement to our copyright agent listed in Section 8 above.
- To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
- When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Website where you believe the infringement is occurring.
- Pricing and Payment
- Payment Processing. When you conduct a Transaction, Shopify or another third-party payment company (the “Payment Processor”) will be handling the transaction and collecting payment. Transactions will be processed only after a billing address, and other billing information, has been verified. If we or the Payment Processor receive incorrect billing or credit card account information, the processing of your Transaction will be cancelled without further notice. Transactions conducted on or through the Website are non-refundable.
- Payment Confirmation. If you do not receive a confirmation email after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Mamalode or the Payment Processor, as appropriate, whether or not your Transaction has been completed.
- Payment Methods. Mamalode accepts payment via American Express, Visa, MasterCard, and Discover. All credit card transactions are processed through the Payment Processor. All prices on the Website are stated in U.S. Dollars, and payment must be made in U.S. Dollars. If Mamalode indicates that it will accept payment for any Transaction by check or other method, such amounts shall not be deemed to be paid until funds are received by Mamalode after your check clears or funds are available.
- No Refunds or Exchanges. Before entering a Transaction on the Website, carefully review the website and all policies and terms. We will not issue refunds or make exchanges.
- Credit Card Processing. Mamalode utilizes the Payment Processor for processing of all payments. The Payment Processor will collect the Transaction amount and a credit card processing fee from users. The Payment Processor will deduct the credit card processing fee and will remit payment of the Transaction amount to Mamalode in accordance with the terms of the Payment Processor’s processing terms in effect from time to time.
- Taxes; Withholding. You are responsible for (and will indemnify Mamalode and its affiliates against) all sales or other taxes associated with your Transactions through the Website (excepting taxes based on Mamalode’s income).
- Advertisements and Events/Release
Mamalode takes no responsibility for advertisements or any third party material posted on the Website. Any dealings you have with advertisers found while using the Website are between you and the advertiser, and you agree that Mamalode is not liable for any loss or claim that you may have against an advertiser.
- Warranty Disclaimer
To the maximum extent permitted by applicable law, except as expressly provided herein, the Website and any information or goods that are available or advertised or sold through the Website are provided “as is” and “as available” without any warranties of any kind, and Mamalode disclaims all warranties, express and implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties arising from course of dealing, course of performance and usage of trade. Your use of the Website is solely at your own risk. Furthermore, Mamalode does not warrant that the availability of the Website will be uninterrupted or error free, that defects will be corrected, that the Website is free of viruses or other harmful components or code or that the use of the Website will comply with the rules of any third-party social networking website. Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Advice or information received through the Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
- Limitation of Liability
Any claims relating to use of the Website must be bought within one (1) year from the date the cause of actions arose. Claims brought after such period are VOID. The Website is controlled and offered by Mamalode from its facilities in the United States of America. The Website is intended for use in the United States of America. Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
- Ability to Accept Terms of Service
- Modifications to Service
Mamalode reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Mamalode shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
- Export Control
Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
If you have questions, please contact Mamalode by emailing us at [email protected] or at 1121 E Broadway St., Suite 105, Missoula, Montana 59802.
Last Revised: May 12, 2013
TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT
Personal Information. This policy covers the following personal information that Mamalode may collect through your use of the Website.
- Contact information voluntarily provided by you, including but not limited to first and last name, physical address, telephone number, e-mail address, and country of residence.
- Transactional information, including information about products or services, if any, you request, purchase, access or download.
- User preferences, such as subjects of interest and other information you select in your profile when registering for and using the Website, or as indicated by your use of the Website.
- Financial/credit card and payment information.
- Usage statistics relating to your use of Mamalode products and services.
When you access the Website through an SNS, you allow Mamalode to access certain information from your profile for that site. The information you allow Mamalode to access is affected by the privacy settings you establish at the SNS. You can control and find out more about these settings at the SNS where you access the Website. For example, Mamalode may access and store some or all of the following information, as allowed by you, the SNS and your preferences:
- Your first and last name
- Your profile picture or its URL
- Your user ID number, which is linked to publicly available information such as name and profile photo
- The login e-mail you provided to that SNS when you registered
- Your physical location and that of your access devices
- Your gender
- Your birthdate
- Cookies. Cookies are small bits of information that are transferred to and stored in separate files within your computer’s browser. You can instruct your browser to stop accepting cookies. But if you do not accept cookies, you may not be able to use all portions or all functionality of the Website.
- Embedded URLs. Mamalode may use a tracking technique that employs embedded URLs to allow use of the site without cookies. Embedded URLs allow limited information to follow you as you navigate the site, but is not associated with personal information and is not used beyond the session.
- Embedded Pixels. Mamalode may use embedded pixel technologies on selected pages for the purposes of identifying unique user visits to the Website, as opposed to aggregate hits, and to identify the pages viewed. We may also use embedded pixel technologies to determine whether the recipient of an e-mail has opened a particular e-mail.
- Flash Cookies. Flash cookies (also known as local stored objects) are data files that can be created on your computer by the websites you visit and are a way for websites to store information for later use. Flash cookies are stored in different parts of your computer from ordinary browser cookies. You can disable the storage of flash cookies. For additional information about managing and disabling flash cookies, please visit http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
- Web Beacons. Web beacons are small strings of code that provide a method for delivering a graphic image on a Web page or in an email message for the purpose of transferring data. You can disable the ability of web beacons to capture information by blocking cookies.
Combining with Personal Information. The information provided by these technologies may be re-associated with personal information by Mamalode.
USE AND SHARING OF PERSONAL INFORMATION
Mamalode may use (and, where specified, share) your personal information for the following purposes:
To facilitate User Submissions and engage in transactions. Mamalode may use personal information such as name, physical address, telephone number, e-mail address and company or affiliation to facilitate User Submissions from you or to engage in other transactions with you, including contacting you about your User Submissions or transactions.
To process transactions. Mamalode may use financial/credit card and payment information to process your transactions. Mamalode may need to share some of this information with suppliers, delivery services, credit card clearing houses and other third parties to complete the transactions.
To tailor marketing to your needs and respond to your requests. Mamalode may use your personal information to provide you with notices of new product releases, if any, and Website developments. Mamalode also may use your personal information to respond directly to your requests for information, including registrations for newsletters or other specific requests.
To select content, improve quality and facilitate use of the Website. Mamalode may use your personal information, including the information gathered as a result of site navigation and electronic protocols and cookies (including third-party cookies), to improve Website quality, track marketing campaign responsiveness and evaluate page response rates.
To comply with legal requirements. Mamalode may disclose your personal information to comply with laws, court orders, litigation or other legal process, and/or in response to requests from governmental authorities within or outside your country of residence. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our rights or protect our operations or users.
As part of a merger or acquisition. Mamalode may disclose your personal information to a successor or acquiring entity as part of a merger, acquisition, reorganization or other transaction involving all or substantially all of Mamalode’s assets.
Mamalode may share your personal information with its vendors, suppliers, contractors and other service providers in order to perform the functions set forth above.
YOUR CHOICES REGARDING YOUR INFORMATION
You have choices regarding the use of information on our Website.
- Changing Your Information. To change your information, including keeping your information accurate, please contact us at [email protected]. We will take reasonable steps to change any of your information in our possession that you have submitted via the Website.
- Email Communications. To change your information regarding email communications, please contact us at [email protected].
- User Submissions and Content. Please see “Personal Information” above.
- Cookies and Other Website Information Storage and Delivery. Please see “Cookies, Embedded URLs and Pixels, Flash Cookies, and Web Beacons” above.
Your California Privacy Rights. Under California Civil Code Section 1798.83, if you are a California resident and your business relationship with Mamalode is primarily for personal, family, or household purposes, you may request certain data regarding Mamalode’s disclosure, if any, of personal information to third parties for the third-parties’ direct marketing purposes. To make such a request, please send an e-mail message to [email protected] with “Request for California Privacy Information” in the subject line. You may make such a request up to once per calendar year. If applicable, we will provide you, by e-mail, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by Section 1798.83’s requirements.
Transfer of Information to Other Countries and Affiliates. Mamalode’s processing of the information that it collects may involve the transfer of that information to various countries around the world, including countries other than the one in which you reside. By submitting your information to Mamalode via the Website or in connection with your interactions with Mamalode offline, you consent to such transfers and to the processing of that information in various countries around the world, including countries other than the one in which you reside. We may also transfer data to our subsidiaries, parent companies, or joint ventures, if any, and other corporate entities under common ownership or control for business purposes.
Policy Updates. We may update this policy from time to time, and the updated version of this policy will be effective upon posting. Please check this page to review the most up-to-date version of this policy. By continuing to use the Website after an updated version of this policy has been posted, you agree to be bound by the terms of the new policy.
No Use by Minors. The Website is intended for use by adults only. In connection with the Website, Mamalode does not promote online to children and does not intentionally collect any personally identifiable information from children under the age of 13. If you are under the age of 13, please do not submit any personal information to Mamalode or through the Website. If you have reason to believe that we may have accidentally received personal information from an individual under age 13, please contact us immediately at [email protected].