FIVE FOR FIGHTING PRIVACY POLICY
Five For Fighting and this site care about your privacy. This privacy policy tells you what information we collect at our web sites and how we use it.
WHAT INFORMATION WE COLLECT
There may be places at on this site where you can share your personal information with us, and where you can communicate with others.
Registration. This site may give you the opportunity to register with us, and sometimes registration is required before certain site features can be used. Our registration forms may request your contact information (such as your name, email address, mailing address, etc.), demographic information (such as your country, gender, etc.), and profile data (such as your music preferences, entertainment practices, etc). You may be assigned a site username and/or password. For our internal purposes, we use this information to communicate with you and provide the services you have requested, and to provide a more personalized experience on our sites. For example, your registration may allow you to use and post to site message boards, create site profiles, etc. We use aggregate demographic and profile information about our audience in order to improve our service, for marketing purposes and/or for industry reporting purposes.
Newsletters and Other Communications from Us. Our registered users and customers may receive newsletters or other email communications from our family of sites and record labels, and we may also offer other users the opportunity to sign up to receive such information. When there is a separate sign-up for newsletters, we ask for contact information such as name and email address, and, occasionally, demographic and profile information. We use this information in the same manner as we use the contact information in the Registration process described above. We may offer our users the choice whether to receive mailings from others that we think will be of interest. Recipients of our mailings can unsubscribe by following instructions that may appear at the end of the email newsletter. Note that in order to keep our registered users informed about the operation of our services, we may send emails and announcements that are needed for the proper functioning and administration of our sites and service.
Communications with Us. We have features where you can submit information to us (such as when contacting us with a question or feedback). We will retain your emails and other information you submit to us for our internal purposes, and to help us to serve you better.
Communications with Friends. We may offer features where you can send information to others, such as e-cards or “Tell A Friend” features. We will use the contact information you enter for your friends to send the email or e-card.
Interactive and Community Features. This site may offer interactive and community features, such as message boards, chat, email accounts, instant messaging, profiles, personal homepages, etc. All information posted or sent through these features may be publicly available, and you should be aware that when you voluntarily disclose personal information (e.g., user name, email address, phone number) through these features, that information can be collected and used by others and may result in unsolicited communications from other people. Users’ posts may be publicly and/or internally associated with their profiles/screen-names. Users are solely responsible for the content of messages they post or send on public forums
Contests, Sweepstakes and Surveys. We may also have contests, sweepstakes and surveys at this site. When you enter or participate in them, we request contact information from you (such as your full name, email address, mailing address, and telephone number) and may also request demographic or profile information. We will use the information you provide for the purpose of conducting the promotion (for example, to contact you if you have won). We may also use the information to send you newsletters and other information we think may be of interest. Recipients of our mailings can unsubscribe by following instructions that may appear at the end of the email newsletter. Any personal information collected will be used by us and may be associated with registration information. We may share aggregate information with others. We may sometimes partner with sponsors in offering contests, sweepstakes or surveys, and may share (provide and receive) information with them.
AUTOMATIC DATA COLLECTION
This web site has features that automatically collect information from users to assist us in creating sites that honor our users’ preferences and serve their needs.
This site may use cookies, which are small data files containing information about the user that are stored on the user’s hard drive. Some cookies are used to make login to our sites easier (such as by remembering usernames and passwords. If users reject cookies, they may be limited in using some areas of our sites. Cookies can also enable us to track users’ movements and target their interests to enhance their experience at our sites. We may also collect clickstream data and assign unique identifiers to our users for the same purpose. Information obtained with these technologies may be associated with personal information for registered users.
We or a third-party advertisement server may also use cookies in connection with targeting advertisements or promotions to users. Our advertisers and other third parties whose products or services are promoted on this site may also use cookies or other technology, and we advise you to check their privacy policies for information about their cookies and other privacy practices.
For our internal purposes, we may gather information such as the date, time, browser type, navigation history, and IP address of all visitors to this site. We use this information for our internal security audit log, trend analysis, and system administration, and to gather broad demographic information about our user base for aggregate use.
WITH WHOM YOUR INFORMATION IS SHARED
Information provided at Artist or Writer sites that we host or manage may be shared with that Artist or Writer, including their management, representatives, and any new label they may join. As with other third parties, we are not responsible for how the Artists and Writers handle the data once they receive it. When we have co-branded or sponsored services, when we host a site, or when we join with other parties to provide specific services, we may share (provide and receive) your personal information with them.
We may also share your information with others if you choose to let us do so, such as where we offer opt-out or opt-in choices.
Other than as set forth in this policy, we do not share your personally identifiable information with other companies, apart from those acting as our agents in providing our service to you, and which agree to use it only for that purpose and to keep the information secure and confidential. We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your information to be shared or transferred to third parties without your permission.
We may share (provide and receive) aggregate information, which is not personally identifiable, with others. This information may include demographic data such as the gender and/or geographic location of groups of users, but it will not include personal information (such as your name or email address). We use aggregate demographic information about our audience in order to improve our service, for marketing purposes and/or industry reporting purposes.
CHOICE
This site may provide you the opportunity to choose to receive communications from us or from third parties at the point where we request information about you. You have the option of removing your name from any email list. In order to ensure the quickest removal from any list, it is best to follow the specific instructions outlined within the communications you receive from us.
ACCESS
If a user’s personally identifiable information changes (such as zip code), we endeavor to provide a way to correct or update that user’s personal data. Please feel free to contact us if you have any questions regarding making changes to your data.
DATA COLLECTION FROM CHILDREN
We strive to comply with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from U.S. children under 13 without appropriate parental notice and consent. Sites that are directed to children where personal information is collected should have a Children’s Privacy Policy setting forth our COPPA-compliant practices. At this site, we actively screen-out children from data collection and/or use of interactive or community features. We are committed to protecting children’s privacy.
NOTICE: Visit www.ftc.gov/kidzprivacy for information from the Federal Trade Commission about protecting children’s privacy online.
SECURITY
Security for all personally identifiable information is extremely important to us. We store your personal information securely, and use special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction.
MERCHANT/E-COMMERCE AREAS
This site may have merchant/e-commerce areas, where users can purchase merchandise. Five For Fighting does not run those areas of our sites. Personal information collected at those areas is not shared with Five For Fighting without the purchasers’ consent. At each of those areas, we endeavor to provide a privacy policy link where users can review the privacy policies that apply to data collection and use at those areas, and we urge our users to review them.
LINKS
We may provide links to non-Five For Fighting sites. We are not responsible for those other sites, their privacy policies or how they treat information about their users, and we advise you to check their privacy policies.
PRIVACY POLICY CHANGES
We reserve the right to modify, alter or otherwise update this Privacy Policy at any time, so we encourage you to review this policy from time to time.
CONTACT
If you have any questions about our privacy practices, please feel free to contact us at:
Steve Smith
stevesmithhq[at]gmail.com
TERMS OF USE
Terms and Conditions
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Five For Fighting. Five For Fighting neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Five For Fighting.
While Five For Fighting uses reasonable efforts to include accurate and up to date information in the Site, Five For Fighting makes no warranties or representations as to its accuracy. Five For Fighting assumes no liability or responsibility for any errors or omissions in the content of the Site.
Your use of and browsing in this Site are at your risk. Neither Five For Fighting nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on this Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Five For Fighting also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
While we are always happy to hear from you, it is Five For Fighting’s policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as screenplays, stories, original artwork, etc. Any communication or material you do transmit to this Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Five For Fighting or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Five For Fighting is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Images of people or places displayed on this Site are either the property of, or used with permission by, Five For Fighting. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of Five For Fighting and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of Five For Fighting or such third party that may own the Trademarks displayed on this Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Five For Fighting will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Five For Fighting has not reviewed all of the sites linked to this Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Although Five For Fighting may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Five For Fighting is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on this Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, 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 otherwise violate any law. Five For Fighting will fully cooperate with any law enforcement authorities or court order requesting or directing Five For Fighting to disclose the identity of anyone posting any such information or materials.
You agree to indemnify, defend and hold Five For Fighting and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Five For Fighting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Five For Fighting’s defense of such claim.
This Site is controlled and operated by Five For Fighting from its offices within the State of New York, United States of America. Five For Fighting makes no representation that materials in this Site are appropriate or available for use in other locations and other countries. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Five For Fighting bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in New York County, New York, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Five For Fighting.
Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Five For Fighting may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
(Last modified on October 23, 2013)