binding contract between you and us and governs your use of the Website. The User Agreement in particular includes a lot of complicated legal promises and rules—if you are a under the age of 18, we require that you MUST share this agreement, especially the User Agreement, with your parent or guardian before using our Website.
Remember, the safety and protection of your children while online begins with your involvement and guidance. We follow the Direct Marketing Association’s (“DMA”) Children’s Guidelines and encourage you to learn more at the Direct Marketing Association’s Web site (http://www.the-dma.org). Also, we encourage you to visit the Get CyberSavvy! program at http://www.cybersavvy.org/cybersavvy/index.html to learn more about the use, collection and risks of online information. Most importantly, if you discover that your child has provided any Personal Information to us without your consent or if you simply wish to revoke your prior consent and remove your child’s Personal Information from our lists, simply contact us:
PERSONAL INFORMATION—You will need to create an account to use certain parts of our Website. Generally, we will try to limit the information we request from you to non-personally identifiable information such as a screen name, birthday, gender, state, zip code and country of residence.
Depending on what activities you sign up for, we may also ask for some limited personally identifiable information (“Personal Information”) including your first name and email address and the name and email address of your parent. In compliance with the Children’s Online
Privacy Protection Act of 1998, (“COPPA”), it is our policy to require only the information necessary for the specific activity that you request; we do not condition your participation in any activity on the disclosure of more information than is reasonably necessary
to participate in that specific activity.
PARENTAL CONSENT—We ask for your date of birth in order to determine whether you are under 13 years of age. If you are, you will need to prove that you have your parents’ consent before we can create your account or accept any information from you.
We may use any of the following methods to verify your parents’ consent:
We do not charge any amount to this credit card and we do not retain this information after we have validated your parent’s identity. We simply use the credit card number to request that your parent’s credit card issuer confirms your parent’s identity.
USAGE INFORMATION—Our Website may also use certain standard web measurement and tracking technologies such as “cookies,” web server logs, or other statistics programs to track your use of our Website (“Usage Information”) and help us measure the success of our Website and its features or pages. Usage Information is anonymous and does not personally identify you. Your browser may have an option thatallows you to reject cookies, but doing so may limit your use of our Website. In addition, we may utilize use web beacons (also known as “action tags” or “one pixel.gif files”), provided by our advertising serving partner, to measure the effectiveness of, and otherwise manage, our online advertising. These web beacons enable our advertising server to recognize you when you visit the Website and to determine which banner ads bring users to the Website. We do not use spy ware, adware or any other similarly intrusive software.
USE OF INFORMATION COLLECTED—If you are over the age of 13, we may use your Personal Information to contact you, respond to your inquiries, and send you other information we think you may be of interest to you, such as special offers or to notify you of important new changes to our Website. If you are under 13 years of age, we will only use you’re your Personal Information to provide you with services and/or information that you have specifically requested and for which we have your parents’ permission to provide.
Finally, we use collected Usage Information to analyze, manage and improve our Website or to help us diagnose problems with our server or other technical issues relating to the performance of our Website.
WARNING: ANY PERSONAL INFORMATION (E.G.,NAME, EMAIL ADDRESS, PERSONAL PHOTOGRAPHS) THAT YOU VOLUNTARILY DISCLOSE ON ANY BULLETIN BOARD, MESSAGE BOARD OR ON ANY OTHER COMMUNITY FORUM OFFERED ON THE WEBSITE MAY BE COLLECTED AND USED BY PARTIES OTHER THAN US AND MAY RESULT IN UNSOLICITED MESSAGES FROM OTHER PARTIES.
IF YOU ARE UNDER 13 YEARS OF AGE, WE EXPRESSLY PROHIBIT THE POSTING OF ANY PERSONAL INFORMATION ANY WHERE ON OUR WEBSITE, INCLUDING ON ANY MESSAGE BOARD. IF YOU BELIEVE THAT ANY CHILD UNDER THE AGE OF 13 HAS POSTED ANY PERSONAL INFORMATION ANYWHERE ON OUR WEBSITE, PLEASE CONTACT US IMMEDIATELY AND PROVIDE AS MUCH INFORMATION AS YOU CAN TO HELP US LOCATE AND DELETE THE PERSONAL INFORMATION. IF YOU POST PERSONAL INFORMATION ON ANY MESSAGE BOARD WE HAVE NO CONTROL OVER THIS USE OF YOUR PERSONAL INFORMATION AND, AS SUCH, CANNOT BE RESPONSIBLE FOR IT. WE RESERVE THE RIGHT, BUT NOT THE OBLIGATION, TO: (A) DELETE ANY PERSONAL INFORMATION WE DISCOVER OR WHICH IS BROUGHT TO OUR ATTENTION, AT ANY TIME, FOR ANY REASON WHATSOEVER; (B) IMMEDIATELY TERMINATE YOUR ACCOUNT AND/OR (C) CONTACT YOUR PARENTS REGARDING THE POSTING.
DISCLOSURE OF YOUR INFORMATION—We may disclose your information: (a) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference to our rights or property, or those of other users of the Website, or anyone else who could be harmed by such activities, including you. We may reasonably disclose such information as is appropriate or necessary to enforce our User Agreement, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of our Website. Also, we reserve the right to respond to judicial process and provide information to law enforcement agencies in connection with an investigation on matters related to public safety, or if we have a good-faith belief that such action is necessary to comply with state and federal laws. Subject to COPPA, we may disclose certain portions of your information to our business partners for research, analytical and marketing purposes and/or we may use your Usage Information to identify and develop products and services that may be of interest to you and/or share this information with certain third parties for direct marketing purposes. We may also disclose your information if we have your consent or, if you are under the age of 13, if we have your parent’s consent.
TRANSFER—We may sell or buy other businesses or entities. If we do, we may transfer or assign the information we have collected, including your Personal Information, as part of such merger,acquisition, sale, or other change of control. Also, in the unlikely event of our bankruptcy, insolvency,reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used and your Personal Information may be included in the transferred assets. We do not sell Personal Information, to third parties and have no intention of doing so in the future. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Usage Information with third parties for direct marketing purposes
(“Information-Sharing Disclosure”). To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon rightful request made by contacting us. Except as explained above, we will not share any of your personal information with any third party, unless we have received your express permission to do so.
OPTING-OUT—You may opt-out of receiving any communications for which you or your child has signed up at any time by clicking on a link provided at the bottom of the email communication or by contacting us.
LINKED SITES—Our Website may include, as a convenience to you, links to other websites. Each linked website will have its own rules and policies with respect to how it collects, uses and discloses your personal information. THESE SITES ARE NOT PART OF THIS WEBSITE. MAKE SURE YOU AND YOUR PARENTS REVIEW THE APPLICABLE AGREEMENTS AND POLICIES CAREFULLY WHEN VISITING OTHER WEBSITES. WE ARE NOT RESPONSIBLE FOR OR HAVE ANY CONTROL OVER THOSE WEBSITES AND WE DO NOT ENDORSE ANY PRODUCT ON THOSE WEBSITES.
SECURITY PROCEDURES—We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personal Information submitted via the Website. However, your email transmissions and/or other communications containing Personal Information may be unlawfully intercepted or accessed by third parties and/or the Website may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over the Internet. Once we receive your Personal Information, we take steps that we believe are commercially reasonable to limit access to your Personal Information to only those employees and service providers whom we determine need access to the Personal Information to provide the requested products, services, offers or opportunities that may be of interest to you. However, even after we receive your Personal Information, we cannot guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your Personal Information is completely secure and safe from such risks. FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION.