2. Product Information
While COMPANY uses commercially reasonable efforts to provide accurate information, the industries of which COMPANY is a part and the jurisdictions in which the company operates and the laws and regulations applicable to those industries and jurisdictions change frequently. Therefore information contained on the Site may not be current or accurate. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. COMPANY cannot ensure or guarantee and does not warrant that your product selection will be accurate, meet your particular needs or requirements or that the recommendations, regulations or other information provided is complete, accurate or current for your specific needs (see our disclaimer of warranties in Section 10 below). Each claim or statement about the effectiveness of COMPANY products and/or claims or statements comparing the effectiveness of COMPANY products to that of others is expressly limited to the country of applicability as referenced on the site and if no country is referred, the United States, unless otherwise stated on the Site. If a product or sample offered by COMPANY through the Site is not as described, your sole remedy is to return it in its original, unused form and receive either a replacement of the product you purchased or a refund of the price you actually paid. Product description and pricing is subject to correction and change. COMPANY may refuse or cancel product orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed. Sales made through the Site, if any, are governed by COMPANY Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions.
3. User Conduct
Obscene or abusive language, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting your affiliation with COMPANY or another is prohibited. You may not upload to, distribute or otherwise publish through the Site any material that is defamatory, vulgar, obscene, threatening, libelous, or invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload commercial material to the Site, use the Site to solicit others, advertise or promote anything.
Any attempt to interfere with or disrupt the Site, its servers, networks, Software, equipment or database connected to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.
You are responsible for your Communications and your activities on the Site. Under no circumstances is or will COMPANY be liable in any way for any Communications, your or another’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site.
5. Modifications to Site
This Site may contain links to other internet websites or resources. When you link to those sites, you leave this Site. COMPANY has no control over such sites, their content and resources or the business practices or policies of operators of such sites. COMPANY’s privacy terms do not apply to the practices of any companies or individuals operating the linked sites. Therefore, please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. COMPANY expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that COMPANY endorses the linked site. Your use of the links is at your own risk. You further acknowledge and agree that COMPANY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.
8. COMPANY’s Proprietary Rights
9. Notices and Procedures for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement should be sent to COMPANY.
COMPANY respects the intellectual property of others, and asks its users and visitors to do the same. COMPANY will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Upon receipt of notices complying with applicable law, COMPANY will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Site;
d. your address, telephone number, and email address and all other information reasonably sufficient to permit COMPANY to contact you;
e. 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;
f. 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Day-Glo Color Corp., 4515 St. Clair Avenue, Cleveland, OH 44103, Attn: Webmaster
By fax: (216) 391-7751
By Email: email@example.com (Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING COMPANY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
COMPANY makes no representations or warranties about the accuracy or completeness of the Site or Licensed Content. COMPANY does not target, and the Site is not intended for use by, children under age 13. COMPANY will not contact children under age 13 about promotions or for marketing purposes without a parent’s permission nor will it ask for more personal information than is reasonably necessary to participate in a given activity. However, it does not filter ads or other material children may view through the Site or linked sites, some of which may be inappropriate for children.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(b) COMPANY MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Notice/Opt Out Options
Day-Glo Color Corp., 4515 St. Clair Avenue, Cleveland, OH 44103, Attn: Webmaster
Should you wish to update your information or no longer receive communications from COMPANY, please contact COMPANY at firstname.lastname@example.org.
12. General Information
14. Provisions specific to users in the United States
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to email@example.com write us at Day-Glo Color Corp., 4515 St. Clair Avenue, Cleveland, OH 44103, Attn: Webmaster.
Day-Glo Color Corp. (“Company”) values its relationship with visitors and customers and makes every effort to safeguard any personal information collected, while also making product and service information available to our customers. This section describes the overall privacy practices of Company. It does not apply to companies other than Company nor to anyone not employed by Company.
There are two types of information collected on the Site: Personally Identifiable Information and Non-Personally Identifiable Information.
Personally Identifiable Information
Personally Identifiable Information (“personal information”) is information that identifies you as an individual, whether directly such as by your name, mailing address, or email address, or indirectly such as by your internet protocol (IP) address, telephone number, age range, etc. Personal information is obtained via site usage tracking or when you voluntarily provide the information to us, such as, for example, by filling in forms on the Site.
Company uses personal information to answer your questions; provide products, services or information you request; to communicate with you; to provide marketing materials from Company or others with whom we have a relationship with.
Once you choose to provide us with personal information, you can be assured it will be used only to support your relationship with Company or as otherwise described herein.
For example, personal information you voluntarily provide may be collected and stored to permit you to receive Company’s e-newsletters and/or e-mail, participate in online support or “Ask the Expert” services and for marketing and administrative purposes. It may also be used to fulfill your requests for orders, sample products or information from Company from time to time, to request product support, ask a question, report a problem with the Sites, participate in promotions, sweepstakes or contests. Additionally, you cannot communicate with Company through the “Contact” or customer support links on the Site or via e-mail without providing personal information. If you contact Company or its service providers, a record of that session or correspondence will be maintained.
Company takes appropriate measures in light of the nature of the personal information we collect and the risks associated with processing that personal information in order to keep it secure and to reduce the risk that your personal information may be accessed, altered, damaged or used without authorization. Company may combine information collected about you with information obtained directly or through its affiliated companies, business partners or other companies.
If all or part of Company or any of its affiliates are sold, merged, or otherwise transferred to another entity, your personal and non-personal information may be transferred as part of that transaction or process. Company may also disclose your personal information: (i) to comply with any court order, law or legal process, including to respond to any government or regulatory request; (ii) if Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others; or (iii) if Company has reason to believe that disclosure is necessary to identify, contact or bring legal action to enforce any of Company’s rights, including against you or a third party, for nonpayment, violation of any agreement with Company, and to prevent injury to or interference with Company’s rights or property, or the rights or property of other Company users or anyone else that could be harmed by such activities. Company may disclose or access account information when Company believes in good faith that the law requires it and for administrative and other purposes that Company deems necessary to maintain, service and improve Company products and services and to protect its rights or property. By accessing and using the Site, you agree that information you have provided may be disclosed as described above or as may be modified from time to time.
We are part of a multinational group of affiliated companies that has databases in different countries, some of which are operated by affiliates and some of which are operated by third parties on behalf of Company or one of our affiliates. We may transfer your data to one or more such databases outside your country of domicile, potentially including countries which may not require an adequate level of protection for your personal information compared with that provided in your country. However, Company is a party to standard contractual clauses in the form approved by the European Union Commission in an effort to ensure effective levels of data protection, in particular, relating to transfer of personal information.
Non-Personally Identifiable Information
Non-Personally Identifiable Information (“non-personal information”) is information that is about you but does not identify you as an individual, either directly or indirectly, such as your browser type, the URL of the previous web site you visited, your internet connection, the equipment you use to access the Site, etc. Company may indirectly or through third parties, automatically collect certain types of non-personal information from you when you are using the Site. We may also collect non-personal information that you voluntarily provide, such as information included in response to a questionnaire or survey.